Middletown Township
City Zoning Code
City Zoning Code
ARTICLE XVII
C-3 Regional Commercial District
§ 275-91 Purpose.
The purpose of this district is to provide for pedestrian-oriented redevelopment of a regional shopping center within the Township where residential, retail, entertainment, and civic uses may serve as a community focal point. The C-3 District will encourage higher-quality redevelopment with unified architectural and building schemes, pedestrian-oriented walkways connecting buildings, unified landscaping and signage, and coordinated stormwater management and open space areas consistent with the Township Comprehensive Plan.
§ 275-92 Use regulations.
A.
Permitted principal uses. A building may be erected, altered or used, and land may be used or occupied, subject to the General Provisions in Article XXI and Special Provisions of Article XXII, for any of the following uses and for no other:
(1)
Retail stores, including without limitation department stores, hardware stores, lawn and garden stores;
(2)
Personal service or custom shops;
(3)
Banks or other financial institutions, with or without drive-up window and/or accessory ATM facilities;
(4)
Post offices;
(5)
Pharmacies, with or without drive-through service; subject to § 275-149;
(6)
Restaurants and taverns, with or without outdoor service of food and/or alcohol, with and/or without electronic entertainment centers, mechanical games and other recreational uses, drive-through service(s), musical entertainment and dancing (but excluding adult entertainment), provided that all musical entertainment and dancing activities shall be indoors except for such special outdoor events as are approved by Township Council;
(7)
Restaurants, fast food; with or without drive-through service(s), subject to § 275-149;
(8)
Movie theaters;
(9)
Business and professional offices;
(10)
Supermarkets, not including gasoline service station;
(11)
Fitness centers, including ancillary services such as wellness, physical rehabilitation facilities and prevention health education activities;
(12)
Convenience stores, including those with fuel pumps which are subject to § 275-139;
(13)
Medical offices;
(14)
Hotels, subject to § 275-153;
(15)
Planned regional shopping center;
(16)
Municipal services use;
(17)
Recreational uses, with or without service of food and/or alcohol, including bowling alleys and electronic entertainment facilities;
(18)
The retail sale of pets, pet grooming, veterinary (and boarding associated with veterinary care), and other pet services and related products, subject to § 275-160;
(19)
Communications antennas mounted on an existing public utility transmission tower, building or other structure and communications equipment buildings, subject to the regulations set forth in § 275-145 of Article XXII.
B.
The following residential uses are permitted as of right within the C-3 District:
(1)
Multifamily dwellings together with multitiered, structured parking.
C.
Permitted accessory uses on the same lot as the principal use, subject to the General Provisions in Article XXI:
(1)
Storage structures for or in connection with the storage of equipment and/or materials used for the maintenance of multifamily residential buildings and/or mall buildings in general.
(2)
Outdoor dining, subject to § 275-158.
D.
Conditional uses.
(1)
Uses substantially similar to the uses described in § 275-92 above as approved by Township Council.
(2)
Medical marijuana dispensary, subject to § 275-154.
(3)
Billboards, subject to § 275-141.
§ 275-93 Area and bulk regulations.
A.
Minimum tract size: 75 acres.
B.
Maximum impervious surface coverage: 85%.
C.
Maximum building coverage: 25%.
D.
For purposes of calculating impervious surface coverage and building coverage in the C-3 District, the term "lot area" shall include driveway, drainage and permanent utility easement areas.
E.
Maximum height: 70 feet for multifamily residential uses, and 55 feet for non-residential uses.
F.
Setbacks.
(1)
Front yard (adjacent to Baltimore Pike): 50 feet for both multifamily residential and nonresidential uses, except that the front yard setback requirement shall not apply to existing and proposed new parking areas.
(2)
Front yard (adjacent to Middletown Road, Oriole Avenue, or other Township road): 70 feet for nonresidential uses and 40 feet for multifamily residential uses, except that the front yard setback requirement shall not apply to existing and proposed new parking areas.
(3)
Side yard: 30 feet.
(4)
Rear yard: 30 feet.
G.
Parking area setback for new parking space areas.
(1)
From right-of-way: 15 feet.
(2)
From adjacent residential use: 25 feet.
H.
Multifamily dwelling.
(1)
Maximum gross density: 400 multifamily dwelling units.
(2)
Maximum building length: uninterrupted plane of not more than 225 feet for each new building.
(3)
Multifamily residential buildings shall be located and situated to promote pedestrian access to commercial and other nearby uses.
I.
Existing nonconformities. Subject to Township Council's approval, area and bulk, parking, landscaping and buffering nonconformities existing immediately prior to the implementation of a mall conversion, whether disturbed or undisturbed during the construction and implementation of a mall conversion, may remain and/or be reconstructed, such as, but not by way of limitation, parking space dimensions and parking within required setbacks.
§ 275-94 Design standards for C-3 Regional Commercial uses.
A.
General standards.
(1)
Refuse stations shall be designed with suitable screening and shall be located so as to be convenient for trash removal and so as to not be offensive to residents and patrons.
(2)
There shall be four parking spaces per 1,000 square feet of non-residential gross floor area for the overall tract.
B.
Buffer areas and landscaping.
(1)
Any land development application filed pursuant to the C-3 District regulations shall include a landscape plan demonstrating compliance with the landscape requirements set forth herein.
(2)
Along each property line which directly abuts any residential district or residential use excluding road frontage, a buffer area of not less than 25 feet shall be provided, of which at least 10 feet shall be landscaped. Landscaping within a residential buffer area in the C-3 District shall consist of evergreen trees of six feet to eight feet in height at the time of planting and shall be planted at twelve-foot centers. Subject to Township Council's approval, an applicant may be given credit for existing evergreen or deciduous trees in a residential buffer area.
(3)
Landscaping along Baltimore Pike, Middletown Road and Oriole Avenue rights-of-way shall consist of six shrubs for every 100 linear feet of road frontage, and one street tree no less than 3 1/2 inches in caliper for every 100 linear feet of road frontage. Subject to Township Council's approval, street trees and shrubs may be grouped to achieve a stated design objective.
(4)
All new buildings constructed in connection with a regional shopping center redevelopment shall be landscaped in accordance with the following criteria:
(a)
A combination of trees and shrubs shall be used as foundation plantings, i.e., plantings to be installed in reasonably close proximity to the facades.
(b)
One deciduous tree of 3 1/2 inches to four inches in caliper (or equivalent vegetation acceptable to Township Council) shall be planted for every fifty-foot length of building facade measured from end to end of buildings, without regard to indentations and the like in the buildings or facades, and excluding any enclosed walkway connectors and elevator cores; however, in order to achieve a particular design objective, a six-foot to eight-foot evergreen tree may be planted in lieu of deciduous, when approved by Township Council.
(c)
Five evergreen and/or deciduous shrubs shall be planted for every 40 feet of length of building facade.
(5)
Other landscaping, including trees, shrubs or ground covers, shall be provided along walkways, in courtyards, around sitting areas, at the entrance to the site and in other highly visible locations, especially on the outer side of any internal access roads which are visible from a public street which may adjoin a tract, at the entrance to buildings and around structures used for service, storage or maintenance purposes.
(6)
The intent of the landscaping requirements is to afford the designer latitude in spacing and location of planting in order to achieve site layout and landscaping objectives. Where site features, such as but not limited to, sidewalks, patios and drive-through aisles, do not provide sufficient space for plantings, alternate planting locations in the general vicinity may be deemed acceptable to the Township Council.
(7)
The location, type, size, height and other characteristics of landscaping shall be subject to the review and approval of the Township Council.
(8)
Parking lots shall be landscaped in accordance with Article XXIV.
C.
Environmental controls.
(1)
All uses within the C-3 District shall comply with all environmental controls of § 275-130, Subsections A through K, pertaining to noise, smoke, dust, fumes, vapors and gases, heat and glare, air quality, odor, vibration, soil erosion, sedimentation and grading control, and storage and waste disposal.
D.
Pad lots. Individual fee simple pad lots may be created for purposes of financing and/or conveyancing in connection with development of a tract within the C-3 District. Such individual pad lots shall not be required to comply on an individual basis with the dimensional requirements of this article, provided that the tract complies with such requirements on an overall basis, and provided further that a declaration of covenants, easements and restrictions is recorded that contains provisions that require each owner of a pad lot to, at all times, operate and maintain such owner's pad lot in good order and repair and in a clean and sanitary condition; that establishes cross easements for the benefit of each pad lot for parking areas and all appurtenant ways, vehicular and pedestrian access and utilities; and which is subject to the approval of the Township Solicitor. The owner of any such pad lot shall covenant and agree to be bound by all of the conditions as set in the declaration of covenants, easements and restrictions embodying the terms and conditions of this section. Where pad lots are proposed, a subdivision plan shall be submitted at the time of final plan submission and shall be approved by Township Council prior to recording.
§ 275-95 Design guidelines.
Development in the C-3 District shall comply with design guidelines titled, "Promenade at Granite Run Mall Conversion Overlay (MCO) District" in Appendix C of Attachment 5, which shall be subject to Township Council's approval in conjunction with the approval of any land development application filed.
§ 275-96 General design standards.
A.
General provisions standards, subject to Article XXI.
B.
Special provisions standards, subject to Article XXII.
C.
Off-street parking and loading standards, subject to Article XXIV.
D.
Signage, subject to Article XXV.
E.
Landscaping, subject to Article XXI.
F.
Lighting, subject to Article XXI.
G.
Stormwater management, subject to Chapter 198.
