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Berlin Township City Zoning Code

ARTICLE XI

Regional Commercial Growth Zoning District C-3

§ 340-70 Purpose.

The purpose of this zoning district is to provide opportunities for retail, personal and business service, business and professional office, and light industrial uses to serve the Township and surrounding area, as well as to provide housing for senior citizens that includes varied levels of assistance, support, and medical care.

§ 340-70.1 Permitted uses.

A. 
Retail and business uses including the following:
(1) 
Groceries, food stores, bakeries.
(2) 
Pharmacies and drugstores.
(3) 
Banks and financial institutions.
(4) 
Restaurants and cafes including sit-down, fast casual, and take out.
(5) 
Clothing, accessory, shoe stores.
(6) 
Furniture, flooring, appliance, and home goods.
B. 
Personal and business services.
(1) 
Salons and barbershops.
(2) 
Dry cleaner, tailor, shoe repair.
(3) 
Computer, phone, radio, TV service and repair.
(4) 
Art, music, dance, martial arts studios.
(5) 
Fitness centers.
(6) 
Indoor private recreation facilities.
C. 
Professional and business offices.
D. 
Outpatient medical offices including licensed practitioners such as physical therapy, occupational therapy, mental health, dentists, animal health, and other health and wellness services.
E. 
Business, service, and shop uses such as but not limited to:
(1) 
Building and construction.
(2) 
Communications.
(3) 
Custom, small-scale cabinet making and woodworking.
(4) 
Furniture repair.
(5) 
Plumbing.
(6) 
Electrician.
(7) 
Exterminator.
(8) 
Technology repair.
F. 
Public water and sewer service infrastructure.

§ 340-70.2 Prohibited uses.

See § 340-52 for prohibited uses.

§ 340-70.3 Permitted accessory uses.

A. 
Off-street parking.
B. 
Off-street loading.
C. 
Electric vehicle service and charging equipment.
D. 
Fences, hedges, walls.
E. 
Outdoor seating and patio areas, within the permitted building envelope.
F. 
Telecommunications equipment.
G. 
Solar energy infrastructure and equipment.
H. 
Fire protection and potable water supply storage tanks.
I. 
Stormwater management structures and facilities, and green development structures and techniques in accordance with Article XVIIIB of Chapter 200 of the Township Code.
J. 
Trash and recycling containers and enclosures as set forth herein.
K. 
Signs as permitted by this chapter.
L. 
Retail shop/stores no greater than 2,400 square feet in area per use, when accessory to and physically attached to a permitted continuing care retirement community.
M. 
Personal services such as salons and spas, health clubs/fitness centers, dry cleaners, copy and shipping centers, etc., when physically attached to a permitted continuing care retirement community.

§ 340-70.4 Conditionally permitted uses.

A. 
Warehouse, distribution, and storage facilities (not including high cube warehouses that exceed 44 feet in height, and not including fulfillment warehouse) in accordance with the following additional standards.
(1) 
The minimum required lot size is two acres.
(2) 
The required minimum set back from the NJ State Highway Route 73 right-of-way is 250 feet. This provision applies to the right-of-way that parallels the roadway, but not to jug handles.
(3) 
The maximum permitted building height is 44 feet.
(4) 
The minimum required side and rear yard setback is 25 feet adjacent to nonresidential uses and 40 feet adjacent to residential uses.
(5) 
If the lot is located within 200 feet of a residential use or residential zone, hours of operation and loading are limited to the time between 6:00 a.m. and 10:00 p.m. This is a performance standard that the applicant must agree to comply with.
(6) 
If the lot is located within 200 feet of a residential use or residential zone, the applicant shall provide a noise evaluation and shall propose a sound barrier if needed to ensure compliance with applicable noise regulations (N.J.S.A. 13:1G-1 et seq.).
(7) 
Any outdoor storage of equipment or materials must be shown on a site plan approved by the Planning Board or Zoning Board, shall not be located in the required front yard area or in the area between the front of the building and the street, must be setback a minimum of 25 feet from side and rear property lines and shall be screened with fencing and landscaping as necessary to contain and buffer the storage area.
(8) 
There may not be storage or warehousing of bulk hazardous materials that are not incidental to the business operation at the site.
(9) 
All buildings of 100,000 square feet or more shall be designed and constructed to support rooftop solar installation in accordance with P.L. 2021, c.290.
B. 
Light industrial uses in accordance with the following additional standards:
(1) 
The minimum required lot size is two acres.
(2) 
The required minimum set back from the NJ State Highway Route 73 right-of-way is 250 feet. This provision applies to the right-of-way that parallels the roadway, but not to jug handles.
(3) 
The maximum permitted building height is 44 feet.
(4) 
The minimum required side and rear yard setback is 25 feet adjacent to nonresidential uses and 40 feet adjacent to residential uses.
(5) 
If the lot is located within 200 feet of a residential use or residential zone, hours of operation and loading are limited to the time between 6:00 a.m. and 10:00 p.m. This is a performance standard that the applicant must agree to comply with.
(6) 
If the lot is located within 200 feet of a residential use or residential zone, the applicant shall provide a noise evaluation and shall propose a sound barrier if needed to ensure compliance with applicable noise regulations (N.J.S.A. 13:1G-1 et seq.).
(7) 
Any outdoor storage of equipment or materials must be shown on a site plan approved by the Planning Board or Zoning Board, shall not be located in the required front yard area or in the area between the front of the building and the street, must be setback a minimum of 25 feet from side and rear property lines and shall be screened with fencing and landscaping as necessary to contain and buffer the storage area.
(8) 
There may not be storage or warehousing of bulk hazardous materials that are not incidental to the business operation at the site.
C. 
Continuing care retirement community, which may including independent living, assisted living, memory care and skilled nursing facilities in accordance with the following additional standards:
(1) 
The minimum required lots size is 10 acres.
(2) 
Maximum residential density for any combination of residential units, not including memory care and skilled nursing facilities shall be 18 dwelling units per acre. A minimum of 30% of the residential units shall be assisted living units.
(3) 
The maximum permitted building height is three-stories and a maximum of 40 feet.
(4) 
For the assisted living, memory care, and skilled nursing portions of a continuing care retirement community, a minimum of 10% of the total number of beds shall be affordable to low- and moderate-income households/individuals and shall strictly conform with the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.), the Fair Housing Act, and the rules adopted by the Council on Affordable Housing or its successor, including but not limited to requirements for phasing, 50/50 low and moderate income split, affirmative marketing, controls on affordability, and adaptability requirements. The affordable beds/units may coincide with the "Medicaid Waiver" program but must provide documentation necessary to establish eligibility for fair share credit. The independent living portions of a continuing care retirement community shall be subject to the mandatory development fee requirements.

§ 340-70.5 General requirements and standards.

A. 
Development on all lots that are located within the sewer service area in the Tri-County Water Quality Management Plan must connect to the public water and sewer systems.
B. 
Multiple permitted principal buildings, multiple permitted principal uses within a building, and multiple permitted tenants within a principal building are permitted on one parcel of land when all uses are permitted in the zoning district, when all parking and loading requirements are satisfied for all of the uses, when the entire site is designed in a coordinated manner, when the entire site is owned, managed, and maintained by one entity, and when a zoning permit is obtained for each tenant or business.
C. 
Pinelands development credits (PDCs) shall be acquired and redeemed as follows:
(1) 
For development proposing a continuing care retirement community: PDCs shall be acquired and redeemed for 20% of the proposed independent living units and assisted living units. Units made affordable to low- and moderate-income households to satisfy the 10% set-aside requirement provided at § 340-70.4.C.4 are exempt from the PDC requirement.
(2) 
For nonresidential development not proposing a continuing care retirement community: PDCs shall be acquired and redeemed at a rate of 1/4 (0.25) PDC per acre developed including associated improvements. Associated nonresidential improvements include, but are not limited to, structures accessory to the nonresidential development, stormwater management facilities, and off-street parking and loading areas.
(3) 
If the number of PDCs required at Subsection C(1) and (2) above is not evenly divisible by 0.25, the PDC obligation shall be increased to the next highest increment of 0.25.

§ 340-70.6 Area and yard requirements.

A. 
The bulk and area requirements are as set forth in the table below.[1]
Standard
General Requirement
Warehouse or Light Industrial
Independent/Assisted Living/Skilled Nursing
Minimum lot size (area)
20,000 square feet
2 acres
10 acres
Minimum lot width and frontage
100 feet
200 feet
200 feet
Minimum lot depth
150 feet
200 feet
200 feet
Front yard setback (minimum)
50 feet
50 feet
50 feet
Rear yard setback (minimum)
25 feet 35 feet to residential zone
25 feet 40 feet to residential use or zone
50 feet
Side yard setback (minimum)
15 feet 25 feet to residential zone
25 feet 40 feet to residential use or zone
50 feet
Maximum building height
35 feet1
44 feet
40 feet
Minimum front yard
parking setback
15 feet
15 feet
25 feet
Minimum side and rear
yard parking set back
10 feet to adjacent commercial use2
25 feet to adjacent residential use
10 feet to commercial use 25 feet to residential use or zone
25 feet
Maximum floor area ratio
0.2 for one story 0.35 for two story
0.4
0.15 for one story
0.3 for two story
0.45 for three story
Maximum impervious coverage
75%
75%
65%
Minimum distance between buildings on and off site
50 feet
50 feet if <35 ft ht
75 feet if > 35 ft ht
50 feet on site
75 feet off site
Maximum building height for accessory structures
15 feet
20 feet
20 feet
NOTES:
1
If directly adjacent to a residentially zoned property, the maximum height is 25 feet for an A-frame roof and 16 feet for a flat roof.
2
The parking and drive aisle set back to an adjacent commercial use may be reduced to five feet when the parking areas are interconnected and where a cross access easement is or will be in place.
[1]
Editor's Note: For certain conditional uses, some bulk and area requirements are conditional use standards as set forth in § 340-70.4 above.

§ 340-70.7 Off-street parking and loading.

Each individual use shall provide off street parking and loading spaces according to the standards set forth in Article XVI, Off-Street Parking and Loading Areas, in the Township Code or as may be superseded by N.J.A.C. 5:21 (New Jersey Residential Site Improvement Standards) except as follows:
A. 
For independent living residences, 1.2 parking spaces shall be provided for each residential unit.
B. 
For assisted living/memory care and skilled nursing facilities, 7/10 (.7) parking spaces shall be provided for each unit.
C. 
For general warehouse, distribution, and wholesale facilities one parking space is required for each 3,000 square feet of gross floor area (office space shall be calculated separately).
D. 
Parking areas shall be set back as required in the area and yard requirements, unless a required buffer dictates a larger setback.
E. 
Where a driveway provides access to or between two adjacent properties and when a cross access easement is in place, there is no required setback from the shared driveway to the lot line between the benefitting properties. This also applies to shared parking facilities when a parking easement is in place.
F. 
Passenger vehicle parking areas shall be setback a minimum of 10 feet from buildings.

§ 340-70.8 Signs.

Signs shall be in accordance with the requirements of Article XIII unless modified herein.

§ 340-70.9 Landscape and buffers.

A. 
Tree removal shall be limited to the area needed for the building footprint and other ancillary improvements plus a fifteen-foot perimeter.
B. 
Buffers are required on nonresidential properties that abut a residential use or zone. The planted buffer area shall be a minimum of 25 feet in width. For the purpose of this section continuing care retirement facilities are considered residential. See Article XV, Buffer Strips, and § 340-21C related to vegetation in the Pinelands area.
C. 
Shade trees at forty-foot intervals shall be provided along public and private streets and along pedestrian areas and along the right-of-way. Where mature trees are maintained and protected along the street or around the perimeter of the site, street trees are not required.
D. 
Where sidewalks are proposed, the planting strip shall be a minimum of six feet wide.
E. 
All disturbed pervious areas shall be planted with a variety of native evergreen and deciduous trees, shrubs, and ground cover.
F. 
Landscaping shall be provided within and around passenger vehicle parking areas. One landscape island a minimum of six feet wide shall be provided for every 20 parking spaces.

§ 340-70.10 Building facades and design.

A. 
Architectural elevations and floor plans showing all sides of each building shall be submitted along with a site plan application. Building dimensions, materials, and colors shall be identified.
B. 
When present, office or retail spaces should be located along the primary frontage.
C. 
Building facades along road frontages and parking lot frontages shall be designed with features reflective of retail or professional office space such as glass, brick, stone, EIFS, or panel siding.
D. 
Blank featureless walls are discouraged. Building off-sets, windows, and facade variations shall be incorporated on facades visible to the public.
E. 
Ground-mounted or wall-mounted mechanical equipment shall be located in the rear or side yard area and screened from public view by a combination of decorative fencing and landscaping.
F. 
Roof mounted mechanical equipment must be screened with parapet walls or architectural screening.
G. 
Warehouse and light industrial facilities shall provide outdoor amenities for the use and enjoyment of employees and/or contractors such as tables and chairs, benches, gazebo or pavilion.

§ 340-70.11 Enclosures for trash and recyclables storage.

A. 
Trash and recycling storage locations must be shown on the site plan.
B. 
Trash and recycling areas must be enclosed by walls or fencing a minimum of six feet in height and sufficiently sized to contain the dumpsters, compactors, or containers for both trash and recyclable materials. Dumpsters are not permitted to site in the open anywhere on the site.
C. 
If located outside of the principal building, trash and recycling areas must be screened with fencing, walls, and landscaping.
D. 
If outside of the principal building, trash and recyclables enclosure areas must be designed to complement the building design.
E. 
The applicant shall submit an operations statement that outlines the types of wastes that are anticipated, types of materials recycled, locations for on-site storage, and method and frequency of collection.

§ 340-70.12 Additional requirements for continuing care retirement communities, assisted living, memory care and skilled nursing.

A. 
The development should provide centrally located outdoor space that relates to the buildings and that may serve as an informal social gathering place. The passive recreation space should include a variety of landscape plants, hardscape, and street furniture.
B. 
Sidewalks are required along all streets and along main driveways within the site to provide a safe and comfortable pedestrian environment.
C. 
Architectural requirements:
(1) 
Architectural elevations showing all sides of each building must be submitted along with a site plan application.
(2) 
Architectural design features shall be employed to create visual interest at the pedestrian or street level, and to integrate each building or structure with the surrounding area.
(3) 
Buildings must be designed to avoid long, monotonous, uninterrupted walls or roof planes. Building wall offsets, including windows, projections, and recesses shall be used to add architectural interest and variety, and to relieve the visual effect of a simple long wall.
(4) 
Building facades shall be broken up at twenty-five-to-seventy-five-foot intervals with facade variations or projections and recesses at least two feet in depth.
(5) 
Buildings more than 150 feet in length must be broken up with more significant off sets and angles at intervals of 100 to 200 feet.
(6) 
Covered walkways and overhangs should be provided above the first floor near entryways.
(7) 
Brick or stone work should be incorporated into the exterior building design where practicable and should be coordinated with adjacent buildings where feasible and appropriate.
(8) 
All sides of a building visible to the public must be designed with treatment similar to the front facade.
(9) 
Variations in rooflines (parapets or other architectural screening) shall be used to completely screen HVAC and roof-mounted equipment, to provide interest, and reduce the scale of large buildings.
(10) 
Utilities entering/exiting buildings, including water, gas and electric meters must be located on the short end of buildings, and must be adequately shielded with evergreen landscaping or a green screen wall.
(11) 
Balconies or patios are recommended for independent residential units.
(12) 
A minimum of 80 cubic feet of internal storage with a minimum height of six feet shall be provided for each independent residential unit for the storage of personal items. The space shall be in addition to typical closets and may be located within the unit or in another locked location on the site.
D. 
Trash enclosures or central trash compaction/recycling areas shall be masonry structures, with an exterior facade of stone, brick, or cementitious siding to complement the principal building.
E. 
Signs shall be in accordance with Article XIII except that each site may have one monument style site identification sign not to exceed eight feet in height and 60 square feet in area on each street frontage. The base must be complementary to the building and shall be landscaped. The sign may be externally illuminated, halo lit, or internally illuminated such that only the copy is illuminated (not the entire sign box).