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Middletown City Zoning Code

ARTICLE 18

SHOPPING CENTERS

§ 1800 PURPOSE.

   The purpose of these regulations is to encourage the effective and timely development of land for commercial purposes in accordance with the objectives and policies of the Comprehensive Community Plan; to encourage the use of the business districts as a shopping and service center for the community and nearby areas; and to minimize traffic congestion on the public streets. All large scale and small scale shopping centers to be located in the general or limited business districts shall conform with the provisions of this subchapter.
(Ord. passed 10-30-06)

§ 1801 PROCEDURE FOR PROPOSED DEVELOPMENT.

   No building permit shall be granted for the construction of a shopping center until a land development project application is approved in accordance with the procedures set forth in the Middletown Rules and Regulations Regarding the Subdivision and Development of Land.
(Ord. passed 10-30-06; Am. Ord. 2025-9, passed 2-18-25)

§ 1802 PERMITTED USES.

   (A)   Only those uses permitted in the General Business (GB) Zoning District, and listed below, are permitted as a principal use of land in a large scale or small scale shopping center in the GB district.
      (1)   General merchandise retail activities, including department stores (storage areas not to exceed 30% of gross floor area);
      (2)   Supermarkets;
      (3)   Grocery stores, delicatessens, fish markets, fruit and vegetable markets, bakeries, dairy products stores;
      (4)   Lunchrooms or restaurants (no alcoholic beverages);
      (5)   Lunchrooms or restaurants (alcoholic beverages);
      (6)   Taverns, cafes, clubs, bars or cocktail lounges (alcoholic beverages);
      (7)   Packaged liquor stores;
      (8)   Laundries or dry cleaners, pick-up only (no plant), or self-service laundromats;
      (9)   Beauty or barber shops,
      (10)   Duplicating, printing or photocopying services;
      (11)   Miscellaneous repair shops and related services (non-vehicle);
      (12)   General professional offices;
      (13)   Bank or financial institutions;
      (14)   Motion picture theaters;
      (15)   Bowling alleys and billiard and pool parlors;
      (16)   Exercise center, gymnasium, sauna or court games; and
      (17)   Accessory uses customarily incidental to a use permitted in the district and located on the same lot as the principal use.
   (B)   Only those uses listed in § 603 as permitted in the Limited Business (LB) Zoning District are permitted as a principal use of land in a small scale shopping center in the LB district.
   (C)   To prevent the operation of a principal use not permitted under division (A) on land adjacent to a shopping center in such manner that it appears to be a part of the shopping center:
      (1)   All principal uses established on land adjacent to a shopping center, except uses specified in division (A), shall be separated by permanent barriers from direct access to the shopping center property and to any private road or right-of-way leading to said shopping center, with the exception of one defined access way, not more than 50 feet in width.
      (2)   No sign shall be displayed on either a shopping center property or on adjacent land, directing traffic between the shopping center and any principal use on the adjacent land that is not a permitted use or a use permitted in a shopping center by § 1802(A).
      (3)   Notwithstanding any other provision of this chapter, any land that was part of a shopping center, on or after September 17, 2001, may be used only for permitted uses in that district, (and not special uses), and those uses permitted in a shopping center pursuant to § 1802(A).
      (4)   Each of the requirements of this section is separate and independent and judicial invalidation of one or more of these requirements shall not invalidate the remainder.
(Ord. passed 10-30-06; Am. Ord. 2025-9, passed 2-18-25)

§ 1803 BUILDING SETBACK LINE.

   (A)   Small scale shopping centers. Lots shall have a setback for all principal buildings from all street rights of way of at least ten feet and no more than 50 feet. A strip of at least ten feet deep along the street line shall be maintained as a landscaped buffer strip except for necessary driveways.
   (B)   Large scale shopping centers. Lots shall have a setback for all principal buildings from all street rights of way of at least ten feet and no more than fifty feet. A strip of at least 25 feet deep along the street line shall be maintained as a landscaped buffer strip except for necessary driveways.
(Ord. passed 10-30-06)

§ 1804 SIDE AND REAR YARDS.

   (A)   Small scale shopping centers. Lots shall have side yards of at least 20 feet and rear yards of at least 50 feet, and a strip ten feet in width or depth along side and rear lot lines shall be maintained as a landscaped buffer strip.
   (B)   Large scale shopping centers. Lots shall have side and rear yards of at least 50 feet in width and a strip 20 feet in width or depth along side and rear lot lines shall be maintained as a landscaped buffer strip.
   (C)   The remaining area may be used for parking.
(Ord. passed 10-30-06)

§ 1805 SPECIAL BUFFER REQUIREMENTS ADJACENT TO RESIDENTIAL AREAS.

   Along the boundary line adjacent to a residential zoning district or use, a landscaped buffer zone shall be provided which shall be at least 50 feet in depth, measured from the property line, within which no off-street parking or loading area shall be permitted.
(Ord. passed 10-30-06)

§ 1806 ACCESS AND TRAFFIC CONTROL.

   (A)   Access barrier. Each zoning lot, with its buildings, other structures and parking and loading areas, shall be physically separated from each adjoining street by a curb or other suitable barrier against unchanneled motor vehicle ingress and egress. Such barrier shall be located at the edge of or within, a ten-foot deep strip along the property line. Except for the access ways permitted by division (B) below, the barrier shall be continuous for the entire length of the property line.
   (B)   Access ways. Each zoning lot shall have not more than two access ways to any one street unless unusual circumstances demonstrate the need for additional access points. Each access way shall comply with the following requirements:
      (1)   The width of any access way leading to a public street shall not exceed 25 feet at its intersection with the property line. Curb return shall have a minimum radius of 30 feet.
      (2)   At its intersection with the property line, no part of any access way shall be nearer than 100 feet to the intersection of any two street right-of-way lines, nor shall any such part be nearer than 50 feet to any side of rear property line.
      (3)   The location and number of access ways shall be so arranged that they will reduce traffic hazards as much as possible.
(Ord. passed 10-30-06)

§ 1807 OFF-STREET PARKING AREAS.

   (A)   All off-street parking spaces and servicing drives shall be located within the boundaries of the property being developed as a shopping center and provided for in accordance with Article 13 and this section.
   (B)   All off-street loading areas shall be provided in accordance with Article 13. In addition, each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of 26 feet in width and, wherever practicable, shall be in addition to, and not part of, the drives or circulation system used by the vehicles of shoppers. The arrangement of truck loading and unloading facilities for each shop or store shall be such that in the process of loading or unloading, no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked.
(Ord. passed 10-30-06)

§ 1808 LIGHTING.

   All parking area and access ways shall be lighted at night during business hours. All outside lighting shall be arranged and shielded to prevent glare or reflection, nuisance, inconvenience or hazardous interference of any kind on adjoining streets or residential properties.
(Ord. passed 10-30-06)

§ 1809 WASTE RECEPTACLE ENCLOSURES.

   Each building shall be provided with an enclosed waste receptacle and enclosure of sufficient size to accommodate all trash and waste stored on the premises.
(Ord. passed 10-30-06)

§ 1810 TRASH BURNERS AND INCINERATORS.

   There shall be no exterior burning of trash or rubbish on the premises.
(Ord. passed 10-30-06)

§ 1811 SPECIAL REQUIREMENTS FOR STAND-ALONE BUILDINGS.

   A separate building, such as a bank or restaurant, constructed on land used for a shopping center, but not physically connected to other buildings in the shopping center, shall not be approved unless both of the following requirements are met:
   (A)   The area for the separate building, including parking, lanes for drive-up windows, and the building itself, shall be clearly set off from the remainder of the shopping center by a boundary consisting of asphalt or concrete berms, tightly-spaced plantings, or other permanent and unobtrusive means of separation, with not more than two openings for vehicular access to the separate building. Signs shall be placed at each opening in the boundary to clearly show drivers where to enter and exit the separate building area.
   (B)   The separate building shall be located at least 50 feet from any other principal building in the shopping center, measured from the boundary of the separate building area to the other building.
(Ord. passed 10-30-06)