Hardyston City Zoning Code
ARTICLE XII
C-R Commercial Recreation District
§ 185-44 Use regulations.
A.
Principal uses and structures permitted:
[Amended 10-20-1998 by Ord. No. 98-6; 5-2-2000 by Ord. No. 2000-8; 6-1-2004 by Ord. No. 2004-7; 7-2-2007 by Ord. No. 2007-09]
(1)
The uses permitted as regulated in the MIDD-3 Minimum Impact Development District pursuant to Article IV. Business uses existing prior to the adoption of the commercial recreation ordinance amendment of April 6, 1999, are hereby allowed to be continued, modified and expanded, provided that the use, modification and expansion complies with the standards of the B-2 Zone. New business uses shall not be permitted pursuant to the B-2 standards in the C-R Zone, except as part of a shopping center.
[Amended 3-1-2011 by Ord. No. 2011-01]
(2)
A planned village center subject to the attached standards and requirements which shall be codified accordingly.[1] These standards in the planned village center shall be mandatory form based code standards and all developments in the village center shall comply with these standards and with the attached maps including the Street Hierarchy Map CR Village Center, the Use Control Map CR Village Center, and the Height Regulating Map CR Village Center.[2] The uses in the village center are permitted uses, not conditional uses.
[2]
Editor's Note: Said maps are included at the end of this chapter.
B.
Permitted accessory uses and structures permitted.
(1)
All accessory uses permitted and as regulated in the Minimum Impact Development District MIDD-3.
[Amended 10-20-1998 by Ord. No. 98-6; 6-1-2004 by Ord. No. 2004-7]
(2)
The following uses are permitted only as accessory to an approved conditional use, provided that the municipal agency may require an increase in the minimum tract size up to an additional five acres, if it finds such additional acreage necessary for the operation of both the conditional and accessory uses:
(3)
In conjunction with resort oriented housing, the following accessory uses shall be permitted in the C-R Zone:
(a)
Required off-street parking spaces.
(b)
Private garages, as defined in this chapter.
(d)
Private swimming pools.
(e)
Any other use which the Board of Adjustment determines is one customarily incident to the principal permitted use on the premises.
(f)
Community recreation facilities such as swimming pools, tennis courts, parks and play area.
(g)
Commercially operated golf courses.
[Added 5-21-2002 by Ord. No. 2002-5]
[1]
Minimum tract size: 200 acres.
[2]
Maximum lot coverage by impervious surfaces: 5%.
[3]
No tee shall be located closer than 25 feet to an outside property line, and no green or fairway shall be located closer than 75 feet to an outside property line.
[4]
No clubhouse or other facility where food or beverages are served shall be located within 100 feet of an outside property line.
[5]
There shall be separate points of ingress and egress to the tract.
[6]
No public address system or other amplifying system shall be used in such a manner that sounds may be heard off site.
[7]
Lighting shall be constructed so that all light is directed downward and ambient light shall be contained on the subject tract.
[8]
One identification sign not exceeding eight feet by 10 feet in area may be constructed at the entrance to the facility; otherwise, only directional signs shall be permitted.
[9]
Site plan approval shall be obtained.
C.
Conditionally permitted uses. The following uses are permitted only after review and approval by the Planning Board, pursuant to the standards and criteria set forth in Article XVI:
(1)
Commercially operated swimming pools.
(2)
Commercially operated indoor or outdoor tennis courts or other similar court games.
(4)
Commercially operated trail rides, together with accessory commercial horse stables.
(5)
Resort oriented housing in connection with golf courses [Subsection B(3)(f) above].
[Amended 5-21-2002 by Ord. No. 2002-5]
(6)
Conference center and/or convention hotels having a minimum of 100 rooms, in connection with a golf course [Subsection C(3) above].
(7)
Resort hotel having a minimum of 100 rooms in connection with a golf course [Subsection C(3) above].
(8)
Towers and antennas.
[Added 3-16-1999 by Ord. No. 99-1]
(9)
Planned retirement communities.
[Added 3-16-1999 by Ord. No. 99-3]
(10)
Shopping centers.
[Added 4-6-1999 by Ord. No. 99-4]
(11)
Conference centers.
[Added 4-6-1999 by Ord. No. 99-4]
(12)
Public utility uses and essential services as conditionally permitted uses.
[Added 6-1-2004 by Ord. No. 2004-7
§ 185-45 Bulk requirements and other conditions.
A.
Uses permitted in the MIDD-3 Minimum Impact Development District shall comply with all of the bulk requirements and other regulations pursuant to Article IV, Minimum Impact Development Districts.
[Amended 10-20-1998 by Ord. No. 98-6; 6-1-2004 by Ord. No. 2004-4; 3-1-2011 by Ord. No. 2011-01]
B.
All conditionally permitted commercial-recreation uses shall comply with all the requirements of the applicable subsection of Article XVI and, except as specifically provided in other sections, shall also be subject to the following conditions:
(1)
All structures shall be set back at least 100 feet from any county road or tract boundary line; provided, however, that the setbacks for resort-oriented housing and structures accessory to such housing shall be as specified in § 185-58S.
[Amended 6-1-2004 by Ord. No. 2004-4]
(2)
Maximum percentage of lot coverage by impervious surfaces: 20%.
(3)
Maximum height of any building shall not exceed 35 feet.
[Amended 6-1-2004 by Ord. No. 2004-4]
§ 185-46 Road specifications, improvements and design standards.
For all resort oriented housing uses, the road specifications, improvements and design standards as required by Chapter 158, Subdivision of Land, shall apply to the development and layout of such resort oriented housing. However, the municipal agency may grant waivers from such requirements upon a sufficient showing, by the developer, that particular requirements are in excess of what is required for the proposed development.
§ 185-47 Combination of conditional uses.
In connection with a golf course [§ 185-44C(3) above], any combination of the conditional uses set forth in § 185-44C above may be approved in connection with said golf course development, provided that the municipal agency may require an increase in the minimum tract size up to the minimum tract size required for each conditional use sought to be approved if it finds such additional acreage is necessary for the operation of such combination of conditional uses. In the case of uses "in connection with golf course," the net tract size for each use shall be determined by subtracting 200 acres from the minimum tract size of each use.[1]
[1]
Editor's Note: Former Section 13-5.5.i7, Commercial Recreation/Planned Retirement Community (CR/PRC), which was added 10-20-1998 by Ord. No. 98-6 to follow this section, was repealed 3-16-1999 by Ord. No. 99-3.