Hanover Township City Zoning Code
ARTICLE XXXVIB
I-B3 Industrial and Business District
§ 166-203.5 Purpose and intent.
The purpose and intent of the I-B3 Zone District is to both preserve and enhance the positive characteristics of the existing industrial, laboratory and office development pattern along Hanover Avenue, while providing redevelopment opportunities for large-scale retail sales and service development that provides coordinated access, parking and site design.
§ 166-203.6 Permitted principal uses.
[Amended 12-20-2012 by Ord. No. 27-12; 5-12-2016 by Ord. No. 15-16; 10-13-2016 by Ord. No. 28-16; 7-13-2017 by Ord. No. 18-17]
The permitted principal uses in the I-B3 Zone District shall be limited to the following:
B.
Research laboratories as permitted in the I-Industrial Zone District.
C.
Administrative, business and professional offices.
D.
Retail sales establishments limited to the following:
(1)
Automotive parts and accessories stores.
(2)
Furniture and home furnishings stores.
(3)
Electronics and appliance stores.
(4)
Paint and wallpaper stores.
(5)
Hardware stores.
(6)
Home improvement superstores.
(7)
Garden centers.
(8)
Food, beverage and liquor stores.
(9)
Supermarkets.
(10)
Health and personal care stores, including but not limited to pharmacies and drug stores.
(11)
Clothing and clothing accessories stores.
(12)
Sporting goods, hobby, and musical instrument stores.
(13)
General merchandise stores, including book stores, news dealers and newsstands, department stores, warehouse clubs and supercenters, and other general merchandise stores.
(14)
Miscellaneous store retailers, including florists, office supplies and stationery stores, gift, novelty, and souvenir stores, used merchandise stores, pet and pet supplies stores, art dealers, tobacco stores, and other miscellaneous store retailers, but excluding manufactured (mobile) home dealers and merchandise auction houses.
(15)
Convenience stores, subject to the special provisions in § 166-203.10E.
E.
Banks.
F.
Personal services establishments limited to:
(1)
Laundry, cleaning and garment services, provided that commercial laundries and dry cleaning shall not be permitted on the premises.
(2)
Portrait photographic studios and photofinishing services.
(3)
Beauty salons, nail salons and barber shops.
(4)
Shoe repair and shoe shine establishments.
(5)
Diet and weight reducing centers.
G.
Rental and leasing services limited to rental of formal wear, costumes, and video tapes and discs.
H.
Eating and drinking establishments, such as but not limited to restaurants and bars. Drive-in restaurants shall only be permitted as part of a large scale retail development containing at least 75,000 square feet of floor area as permitted and regulated by this article.
[Amended 10-11-2018 by Ord. No. 28-2018]
I.
Child-care centers.
J.
Indoor physical fitness facilities.
K.
Self-service storage facilities.
L.
Conference centers.
M.
Governmental buildings and uses and public parks and playgrounds.
N.
Retail travel agencies and tour operators.
§ 166-203.7 Permitted accessory uses.
The permitted accessory uses the I-B3 Zone District shall be limited to the following:
A.
Surface parking and loading areas and driveways.
B.
Signs.
C.
Outdoor dining facilities accessory to permitted eating and drinking establishments, as regulated by § 166-119.5, or accessory to convenience stores, as regulated by § 166-203.10E.
[Amended 12-20-2012 by Ord. No. 27-12]
D.
Outdoor storage, sales and display accessory to a permitted home improvement center, garden center or supermarket.
E.
Outdoor play areas accessory to a child-care center.
F.
Drive-in facilities accessory to a bank, pharmacy or restaurant as permitted and regulated herein.
[Amended 10-11-2018 by Ord. No. 28-2018]
G.
Other accessory uses and structures that are customarily incidental to a permitted principal use, unless specifically prohibited herein.
§ 166-203.7.1 Permitted conditional uses.
[Added 5-12-2016 by Ord. No. 15-16; amended 10-13-2016 by Ord. No. 28-16]
A.
Gasoline stations shall be permitted in the I-B3 District only if they comply with the regulations for such uses or structures in § 166-150A. Such requirements shall be in addition to all other applicable requirements of the I-B3 Zone District and of this chapter, except in case of conflict, in which case the provisions of § 166-150A shall apply.
§ 166-203.8 Prohibited uses.
[Amended 9-12-2013 by Ord. No. 29-13; 10-11-2018 by Ord. No. 28-2018]
Uses prohibited in the I-B3 Zone District shall include the following:
A.
Any principal use not specifically permitted herein or permitted by other applicable law.
B.
Any use prohibited in all zone districts of the Township of Hanover.
C.
(Reserved)
D.
The display of goods for sale outside the confines of a building and any business conducted outside the confines of a building, except for the operation of drive-in ordering and pickup operations for permitted drive-in uses, and except as specifically permitted herein.
E.
(Reserved)
F.
Storage yards, except as specifically permitted herein.
G.
The sale or rental of motor vehicles, mobile homes, trailers and campers; provided, however, that such sale or rental shall be permitted when accessory to a permitted home improvement store, hardware store or garden center.
H.
Fuel oil dealers.
I.
Residential construction or conversion except as specifically permitted in the AH-1 Overlay Zone District.
J.
Mixed-use development containing both: a) industrial, research laboratories, self-service storage facilities and/or conference centers; and b) retail sales, banks, personal services, rental and leasing establishments and/or eating and drinking establishments.
§ 166-203.9 Lot, bulk and intensity of use standards.
The lot, bulk and intensity of use standards for the I-B3 Zone District shall be as set forth below. For the purpose of administering and interpreting these standards, all required dimensions, areas, ratios and percentages set forth below shall exclude areas reserved for public roadway use, whether by easement or dedication.
A.
Minimum lot/tract area.
[Amended 12-20-2012 by Ord. No. 27-12; 5-28-2015 by Ord. No. 14-15]
(1)
Retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 10 acres minimum net developable area, except as provided otherwise herein. Within said tract, developments involving multiple buildings or uses that are part of a single overall development, and which demonstrate a permanent right to shared access, parking, utilities and/or other improvements, as appropriate, may be permitted individual lots for buildings or uses, with no minimum area or width requirement, and said lots shall not be considered "lots" for purposes of administering setbacks, coverage, ratios or other requirements. Notwithstanding the minimum ten-acre lot/tract area requirement above, the minimum lot/tract area shall be three acres of net developable area for properties that meet all of the following requirements:
(a)
Such properties shall either substantially abut or be located directly across the street from and substantially share the same street frontage with an existing development in the Township containing at least 10 acres net developable area and comprised of retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and/or conference centers. For the purpose of administering this requirement, the following shall apply:
[1]
"Substantially abut" shall mean having a shared contiguous property boundary at least 300 feet in length.
[2]
"Located directly across the street from and substantially share the same street frontage" shall mean having a shared contiguous property frontage of at least 300 feet in length for each tract and located on opposite sides of the same street in the same location.
(b)
Such properties shall have at least 300 feet of contiguous frontage on Hanover Avenue or Ridgedale Avenue.
(c)
Such properties shall be located in the I-B3 Zone District.
(d)
The access driveways for any development on such properties shall be coordinated with the access driveways serving the abutting/opposite ten-acre minimum commercial development, in order to provide improved traffic flow and safety, as determined by the Planning Board at the time of site plan review.
(e)
The architectural design of the facades and roofs of buildings for any development on such properties shall be compatible with the facades and roofs of the buildings in the abutting/opposite ten-acre minimum commercial development, as determined by the Planning Board at the time of site plan review. The foregoing shall not be construed to require the same or similar design between the developments, but only to ensure a coordinated visual appearance of the buildings in the developments.
(2)
Uses other than retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 60,000 square feet net developable area.
(3)
For purposes of administering the foregoing lot/tract area provisions, "net developable area" shall be construed to the gross lot/tract area, excluding the area of all water bodies, floodways, wetlands, required wetland transition areas and conservation easements.
B.
Minimum average lot/tract width. The average lot width shall be measured parallel to the front lot line and within 300 feet of the front lot line. For corner lots, the required width need only be complied with for one street frontage, not both frontages.
[Amended 5-28-2015 by Ord. No. 14-15]
(1)
Retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 600 feet; provided, however, that the minimum average lot/tract width shall be 300 feet for properties permitted to contain less than 10 acres of net developable area pursuant to § 166-203.9A(1) above.
(2)
Other than retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers: 200 feet.
C.
Maximum floor area ratio:
[Amended 2-11-2016 by Ord. No. 3-16; 12-19-2022 by Ord. No. 34-2022]
(1)
Industrial, manufacturing, assembly and research or testing laboratory uses: 35% of the lot area.
(2)
All other uses: 30% of the lot area.
(3)
Mixture of above uses: In the event that a mixture of uses from Subsection C(1) and (2) are proposed with different maximum floor area ratios, the maximum combined floor area ratio shall be calculated on a proportional basis, as follows:
(a)
Divide the gross floor area of the uses in Subsection C(1) above by the total gross floor area of the building(s).
(c)
Divide the gross floor area of the uses in Subsection C(2) above by the total gross floor area of the building(s).
(f)
As an example, the maximum floor area ratio of a 100,000 square foot building, of which 80,000 square feet is used for industry and 20,000 square feet is used for offices, would be 34% of the lot area, calculated as follows:
80,000 sq. ft. industry floor area ÷ 100,000 sq. ft. total floor area = 0.80 = 80% |
80% x 0.35 = 28% |
20,000 sq. ft. office floor area ÷ 100,000 sq. ft. total floor area = 0.20 = 20% |
20% x 0.30 = 6% |
28% + 6% = 34% maximum floor area ratio |
D.
Maximum improvement coverage: 75% of the lot area.
E.
Maximum building height.
(1)
Principal buildings: three stories and 45 feet. Notwithstanding the foregoing, architectural features such as parapets, pediments, cupolas and similar features that are required by this article shall be permitted a maximum height of 55 feet, subject, however to the provisions of Subsection E(2) below. The horizontal dimension of any and all such architectural features that exceeds a height of 45 feet shall not exceed, in the aggregate, 30% of the horizontal dimension of the building wall which they face.
(2)
Rooftop mechanical equipment: 10 feet above the elevation of the roof where the equipment is located. The area of said equipment, including the area enclosed by the screening for such equipment, shall not exceed 5% of rooftop area of the building. The foregoing shall not be construed to limit the area of parapet walls at the perimeter of the building, which walls comply with the maximum building height standards in Subsection E(1) above, to 5% of the rooftop area of the building.
F.
Minimum setback from front lot line. Buildings shall be located at least 75 feet, or three times the building height, whichever is greater, from front lot lines. If the building varies in height, the setback requirement shall apply independently to each portion of the building, based upon the height of such portion.
[Amended 6-14-2018 by Ord. No. 15-2018]
G.
Minimum setback from side lot line. Buildings shall be located at least 40 feet, or 1.5 times the building height, whichever is greater, from side lot lines. If the building varies in height, the setback requirement shall apply independently to each portion of the building, based upon the height of such portion.
[Amended 6-14-2018 by Ord. No. 15-2018]
H.
Minimum setback from rear lot line. Buildings shall be located at least 40 feet, or 1.5 times the building height, whichever is greater, from rear lot lines. If the building varies in height, the setback requirement shall apply independently to each portion of the building, based upon the height of such portion.
[Amended 6-14-2018 by Ord. No. 15-2018]
I.
Minimum setback from residential zone district. Buildings shall be located at least 100 feet from any residential zone district.
J.
Maximum number of principal buildings: no limit.
K.
Maximum number of uses within the same building: no limit.
L.
Minimum distance between principal buildings. The minimum distance between principal buildings shall be 40 feet, or 1.5 times the building height, whichever is greater. If the building varies in height, the separation requirement shall apply independently to each portion of the building, based upon the height of such portion.
[Amended 6-14-2018 by Ord. No. 15-2018]
M.
Maximum building gross floor area. The gross floor area of any building devoted to retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall not exceed 175,000 square feet.
N.
Minimum floor area. The minimum total floor area of all buildings within any development containing retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall be 75,000 square feet; provided, however, that the minimum floor area shall be 15,000 square feet for properties permitted to contain less than 10 acres of net developable area pursuant to § 166-203.9A(1) above.
[Added 12-20-2012 by Ord. No. 27-12; amended 5-28-2015 by Ord. No. 14-15]
§ 166-203.10 Other requirements.
In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the I-B3 Zone District shall comply with the following requirements:
A.
Access and circulation.
(1)
Site access and circulation shall be located and designed to avoid creating traffic congestion and unsafe conditions, and to discourage the use of residential streets by site users.
(2)
A traffic study shall be required for any large-scale development. Such study shall demonstrate that the proposed development will not create excessive traffic congestion, unsafe traffic conditions or excessive traffic on residential streets, as determined by the Planning Board as part of the site plan application and review process.
B.
Buffers and landscaping.
(1)
Retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference centers shall comply with the following requirements:
(a)
Such development shall be exempt from the requirement to provide buffers between the development and public streets as set forth in § 166-125A(3) or buffers between nonresidential development and the PU Zone District or public park per § 166-125A(6).
(b)
Buffers between nonresidential development and residential zone districts shall be provided as required by § 166-125.
(c)
Parking area landscaping. Landscape plantings around the perimeter of parking areas shall be provided, plus landscaped islands between every bay of parking as required by § 166-153M. As an alternative to providing a landscaped island between every bay of parking, a development shall be permitted to provide up to three adjacent bays of parking without any landscaped islands between the bays, but only if a buffer consisting of plantings, berms, walls, fencing and/or topography is provided between the front lot lines and the parking area, and the buffer is designed to reasonably screen the view of the parking area from the street as determined by the Planning Board. Under no circumstances shall there be more than three adjacent bays of parking without any landscaped islands separating the bays.
C.
Architectural design.
(1)
Buildings used for retail sales, banks, personal services, rental and leasing establishments, eating and drinking establishments and conference center buildings that, in the aggregate, have a gross floor area of at least 50,000 square feet shall be designed to comply with the following minimum requirements:
(a)
Large unbroken building masses in walls that face the street shall be avoided through the use of projections, recesses, varying materials and other methods. For any exterior building wall facing the street, including parapets and similar features, the following shall be complied with:
[1]
Maximum contiguous area of same or similar walls. The maximum contiguous wall surface area containing the same or similar material or within the same or similar vertical plane shall not exceed 5,000 square feet.
[2]
Separations between same or similar walls. Where two wall surface areas containing the same or similar material and/or within the same or similar vertical plane are separated, the separation shall be of a different material and/or shall be located within a different vertical plane. The separating section shall have the following minimum dimensions:
[a]
A vertical separation between similar wall areas located on either side shall have a horizontal dimension not less than 5% of the average horizontal dimension of the adjacent wall areas being separated. If the average horizontal dimension of the adjacent wall areas being separated is not the same, the larger dimension shall be used for this requirement.
[b]
A horizontal separation between similar wall areas located above and below shall have a vertical dimension not less than 10% of the average vertical dimension of the adjacent wall areas being separated. If the average vertical dimension of the adjacent wall areas being separated is not the same, the larger dimension shall be used for this requirement.
[3]
Maximum total area of same or similar walls. The maximum total surface area having both the same or similar material and located within the same or similar vertical plane in any wall shall not exceed 60% of the total area of said wall. This requirement shall apply to all wall areas, whether contiguous or noncontiguous.
[4]
Maximum total area of same or similar materials. The maximum total wall surface area containing the same or similar material shall not exceed 80% of the total area of said wall. This requirement shall apply to all wall areas, whether contiguous or noncontiguous, and even if said areas are not in the same or similar vertical plane.
[5]
"Same or similar vertical plane" defined. For purposes of complying with the above provisions, a wall surface shall be considered within the same or similar vertical plane as another wall surface unless there is a horizontal distance between such wall surfaces of at least eight inches.
(b)
In cases where more than one principal building is proposed on the same lot or tract forming a single retail development, all buildings shall be designed with compatible design elements so as to create a unified theme within the development.
(c)
Buildings shall either be designed with pitched roofs or with parapets or other architectural features that provide visual breaks in large areas of flat/level roofs.
(d)
Rooftop mechanical equipment shall be screened from view. Screening shall be of a material compatible with exterior building walls and shall be designed to enhance the overall appearance of the building.
D.
Outdoor sales and storage accessory to retail use. Outdoor sales and storage areas accessory to retail use, whether covered by a roof or uncovered, are permitted when delineated on a plan as approved by the Planning Board. Such areas shall comply with the following:
[Amended 10-11-2018 by Ord. No. 28-2018]
(1)
Such areas, except for permitted drive-in operations, shall be limited to no more than 20% of the gross floor area of the use to which the area is accessory.
(2)
Such areas, except for permitted drive-in operations, shall be construed to be floor area for purposes of determining the required number of parking and loading spaces.
(3)
Such areas shall not impede pedestrian, customer, or vehicular circulation, and shall be designed to discourage inappropriate or unsafe circulation movements.
(4)
The applicant for any such areas shall be required to demonstrate that such areas shall be properly contained so as to avoid unauthorized enlargement of such areas and to avoid litter or windblown or waterborne debris.
(5)
The applicant for any such areas shall be required to demonstrate that such areas will not interfere with the reasonable use of other businesses within the development or on adjacent properties.
(6)
The applicant for any such areas shall be required to demonstrate that such areas will not be prominently visible from nearby residential areas and will not be a distraction to passing travelers or prominently visible from any public street, provided that permitted drive-in operations may be visible from public streets.
E.
Outdoor dining permitted as an accessory use to a convenience store shall be subject to the provisions of § 166-119.5., the same as if the convenience store were a restaurant.
[Added 12-20-2012 by Ord. No. 27-12; amended 5-12-2016 by Ord. No. 15-16; 10-13-2016 by Ord. No. 28-16]
F.
Drive-in restaurants. Drive-in restaurants, where permitted, shall be subject to the following regulations, in addition to all other applicable regulations in this article:
[Added 10-11-2018 by Ord. No. 28-2018]
(1)
No drive-in restaurant shall have direct driveway access to any public street; driveway access to drive-in restaurants shall only be from driveways that are internal to the large scale retail development.
(2)
Drive-in restaurants shall be subject to the same sign regulations as other retail uses in the district.