Montgomery City Zoning Code
§ 16-4.12
HC Highway Commercial.
[Ord. #98-933, S 4; Ord. #03-1122, S 3; Ord. #04-1137, SS 2 — 4; Ord. #04-1139, S 2; Ord. #04-1170, S 10; Ord. #07-1264, SS 4 — 6; Ord. #12-1418, S 11; Ord. #12-1427, SS 4-6]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Banks, including drive-in facilities.
3.
Offices and office buildings.
4.
Restaurants.
5.
Movie theaters only as an integral part of a shopping center, provided that no more than six movie screens shall be permitted.
6.
Small animal hospitals, excluding outside facilities and kennels.
7.
Child care centers licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1, et seq.). See Subsection 16-4.12k of this chapter hereinbelow for additional provisions governing the development of child care centers within the HC Highway Commercial zoning district.
8.
Shopping centers comprised of some or all of the preceding uses.
9.
Automobile sales through franchised new car dealerships.
15.
A portion of a Planned Shopping Complex only on that portion of the HC District where indicated on the Zoning Map, and in accordance with the provisions specified in Subsection 16-6.5h of this chapter.
16.
Age-restricted affordable apartment units on certain land areas within a permitted shopping center in the HC Highway Commercial zoning district in accordance with the requirements specified in Subsection 16-4.12j of this chapter hereinbelow.
17.
The 16 senior citizen restricted housing units approved by the Montgomery Township Zoning Board of Adjustment on July 12, 1998 shall be considered permitted uses within the HC Highway Commercial zoning district, provided that all conditions of the memorializing resolution adopted by the Zoning Board on September 20, 1988 and later modified via subsequent resolutions adopted on January 16, 1996 and February 20, 1996 are met.
b.
Accessory Uses Permitted.
2.
Off-street loading (See Subsection 16-4.12h hereinbelow for the specific off-street loading requirements for the HC District).
3.
Fences and walls (See Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
6.
Storage buildings limited to the storage of materials owned and used only by the principal permitted use on the subject property.
7.
Temporary construction trailers and one temporary sign not exceeding 32 square feet in area, either attached to the trailer or freestanding, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all lot lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
8.
Child care centers licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (C.30:5B-1, et seq.).
11.
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
12.
Unconnected drive-in bank building/structure, provided the following requirements are met:
[Added 3-21-2019 by Ord. No. 19-1604]
(a)
The floor area/footprint of the unconnected bank drive-in, measured as the horizontal area of the smallest rectangle that can encompass the building/structure, or combination of both, shall not exceed 20% of the total floor area of the main bank building.
(b)
The bank drive-in building/structure shall be located in a rear yard.
(c)
No parking area(s) located on the lot, which provide parking for the bank, shall be located in a front yard.
(d)
The bank drive-in building/structure shall comply with the bulk and spatial regulations for accessory buildings/structures in the zone in which it is located.
c.
Maximum Building Height.
1.
Principal Buildings. No principal building shall exceed 30 feet and 2 1/2 stories in height except as allowed in Subsection 16-6.2b of this chapter, the General Exceptions and Modifications for Height Limits.
2.
Accessory Buildings. No accessory building shall exceed 25 feet in height and two stories unless a lower height is required in accordance with other provisions of this chapter.
d.
Area and Yard Requirements.
Principal Building Minimum Requirements | Individual Uses | Shopping Centers |
|---|---|---|
Lot area | 1 ac | 8 ac |
Lot frontage | 150 feet | 500 feet |
Lot width | 150 feet | 500 feet |
Lot depth | 150 feet | 400 feet |
Front yard | 50 feet | 100 feet |
Side yard (each) | 25 feet | 100 feet |
Rear yard | 50 feet | 100 feet |
Accessory Building Minimum Requirements | Individual Uses | Shopping Centers |
|---|---|---|
Distance to side lot line | 20 feet | 100 feet |
Distance to rear lot line | 20 feet | 100 feet |
Distance to other building | 20 feet | 20 feet |
Floor Area and Coverage Maximum Requirements | Individual Uses | Shopping Centers |
|---|---|---|
Floor area ratio (F.A.R.) [1] | 0.20 [2] | 0.20 [2] |
Lot coverage | 55% | 55% |
Footnote for Subsection 16-4.12d Hereinabove | |
[1] | Where a child care center is provided as an accessory use to a principal use located on the same lot, regardless of whether the child care center is situated as part of a principal building or as the entire use of an accessory building, the gross floor area occupied as a child care center shall be excluded from, and be in addition to, the permitted floor area ratio otherwise applicable to the subject building, provided that all other applicable provisions of this chapter are met. |
[2] | The maximum floor/area ratio (F.A.R.) may be increased to up to 0.225 when a portion of a Master Plan roadway is provided on the subject property, when a fully constructed driveway interconnection is provided to an adjacent property, and/or when prominent decorative architectural elements (e.g., clock towers, artwork, etc.) and community open spaces (i.e., central greens with sitting areas, vest-pocket parks, etc.) are provided which are integral to the design of the development. |
e.
Requirements for All Buildings and Sites Within the HC District.
1.
General Architectural Requirements:
2.
Building Size. No building within the HC zoning district not part of a Shopping Center shall exceed 50,000 square feet of gross floor area.
3.
Building Walkways:
Covered walkways (between eight feet and 50 feet wide) may be utilized to enable pedestrian circulation. All covered walkways in any yard area shall be excluded from calculations for gross floor area.
4.
Building Entrances:
(a)
All entrances to a building shall be articulated utilizing architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, or overhangs.
(b)
Any such element utilized shall be architecturally compatible with the style, materials, colors, door treatment and architectural details of the overall building.
5.
Facade Treatments:
(a)
Building exteriors shall have vertical and/or horizontal offsets to create visual breaks along each facade. Long, monotonous, uninterrupted walls are not permitted.
(b)
To the extent appropriate to the architectural design, building wall offsets, including projections such as balconies and canopies, recesses, and changes in floor levels shall be used to add architectural interest and variety and to mitigate the visual appearance of a simple, long wall.
(c)
Buildings with more than one street frontage shall be designed to have a front facade facing each frontage, and where a building faces a driveway, the building also shall have a front facade facing the driveway.
(d)
The architectural treatment of the front facade(s) shall be continued in its major features around all visibly exposed sides of a building.
(e)
All sides of a building shall be architecturally designed to be consistent regarding style, materials, colors and details.
(f)
Natural materials such as wood and masonry are recommended. High quality man-made materials also are permitted. Stucco may be used only as an accent in limited areas.
(g)
Dormers, gables, windows and other similar design features shall be provided across a building facade.
6.
Roof Treatments:
(a)
The design of all buildings within a development shall include rooflines that are architecturally compatible or in context with existing buildings in the vicinity of the subject building. Within this context, rooflines that mix flat and pitched components are encouraged.
(b)
Pitched roofs shall have a minimum five to twelve-foot pitch, are required except where otherwise approved by the Planning Board or Zoning Board. Both gable and hipped roofs shall provide overhanging eaves that extend a minimum of one foot beyond the building wall along all sides of the building.
(c)
Buildings with flat roofs shall provide that all visibly exposed walls have an articulated cornice that projects horizontally from the vertical wall in order to create the appearance of a 1 1/2 to 2 1/2 story facade.
(d)
Long, monotonous, uninterrupted roof planes are not permitted. Roof-line offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to mitigate the visual appearance of a single, long roof.
7.
Window Treatments:
(a)
Windows shall be appropriately proportioned to the building.
(b)
The first story facade of retail, office and restaurant buildings which faces a street and/or has a pedestrian access shall have large pane display windows which occupy at least 75% of the first story facade.
(1)
The area of actual windows may be reduced by the Planning Board or Zoning Board in consideration of the needs of a particular use or for security purposes.
(2)
However, where smaller windows are permitted, the design of the facade must include materials outlining the size of the windows equivalent to 75% of the first story facade, within which the permitted smaller windows can be located.
8.
Additional Architectural Requirements:
(a)
All lighting, benches, trash receptacles and signage shall be designed to be compatible with the architecture of the building(s).
(b)
The mechanical equipment serving the building(s) shall be screened from public view by the design of the building and/or by landscaping features integrated with the overall design of the building(s).
(c)
The materials used for all internal sidewalks and pathways connecting buildings, parking areas and public areas to sidewalks along the street(s) and to the Township's pathway network shall be chosen to enhance the architecture of the building(s) and the attractiveness of the site development.
9.
Multiple Uses and Buildings:
(a)
Any principal building may contain more than one principal use, except that a building containing an automobile sales use shall be limited to that principal use only, and provided that each use occupies a minimum gross floor area of 750 square feet.
(b)
In order to promote a village atmosphere of smaller buildings clustered in a pedestrian-oriented, nonlinear layout, multiple detached principal buildings shall be permitted on a lot, provided and in accordance with the following:
(1)
All buildings shall be separated by a minimum of 20 feet where the separation is occupied by landscaping and/or is used for pedestrian movement only; or
(2)
All buildings shall be separated by a minimum of 50 feet where the separation distance is used to any extent for parking and/or vehicular circulation; and
(3)
In any case, the building separation requirements noted hereinabove shall not be construed to prohibit a covered pedestrian walkway between the buildings, whether the walkway is covered by a roof overhang or by some other roof covering; and
(4)
The total floor area/ratio (F.A.R.) of all buildings does not exceed the maximum requirements specified in Subsection 16-4.12d; and
(5)
Access from the public street(s) to the buildings shall not be provided by individual driveways to each building, but by common drive(s) so as to reduce the number of access points along the street(s); and
(6)
Parking shall be evenly distributed, with pedestrian connections between buildings and to all public areas within a development, and large parking lots shall be avoided, wherever possible; and
(7)
A single controlling entity, such as a commercial owners' association or a single owner of the entire development, shall be provided for the maintenance of the landscaping, multiple-tenant signs, detention basins, lighting and other common elements or shared structures and facilities; and
(8)
Blanket cross easements in a form satisfactory to the Township Attorney shall be provided throughout the development for irrevocable cross access for parking, utilities, maintenance and drainage.
f.
General Requirements for the HC Districts.
1.
Where feasible, driveways providing vehicular access between adjacent properties shall be permitted and required, with appropriate cross easements, and the on-site circulation systems and parking areas shall be designed to accommodate such interconnections between adjacent lots.
2.
No merchandise, products, equipment or similar material and objects shall be displayed or stored outside, except that permitted automobile sales uses are permitted outside display areas for automobiles for sale and outside storage areas for automobiles being repaired in accordance with the following:
(a)
All such display and storage areas shall be paved as approved by the Board as part of the site plan submission, and all such areas shall be included as part of the calculation for lot coverage; and
(b)
No such display and storage areas shall be located within 50 feet of any street line, within 15 feet of any property line not common with a residential zoning district, or within 40 feet of any property line common with a residential zoning district.
3.
All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 45% of the area of any lot or tract shall be so landscaped, and the landscaped area may include approved detention and/or retention basins.
4.
Within the side and rear yard setback areas along any common property line with a residential zoning district, no parking area, loading area, driveway or other structure, except fencing integrated with the landscape plan and as approved by the Board, shall be permitted, and a minimum buffer screening shall be required within the setback area in accordance with the following:
(a)
For individual uses, the buffer screening shall be at least 15 feet in width;
(b)
For shopping centers, the buffer screening shall be at least 25 feet in width; and
(c)
The buffer screening shall consist of densely planted evergreen, trees at least six feet high at time of planting and spaced no more than 10 feet apart on center. Where environmental conditions permit, earthen berms at least two feet in height shall be provided, if deemed appropriate by the Board.
5.
Within the HC District, no parking area, loading area, driveway or other structure (except for approved access ways, signs and fencing) shall be permitted within the first 25 feet adjacent to any street line nor within the first 15 feet adjacent to any other property line, and such areas shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board.
g.
Minimum Off-Street Parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together:
1.
Retail sales and service uses, banks and offices shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof. Additionally, drive-in banks shall provide room for at least 12 automobiles per drive-in window for queuing purposes.
2.
Restaurants shall provide one parking space for every three seats, but in all cases, a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
3.
Movie theaters shall provide one parking space for every four seats.
4.
Small animal hospitals shall provide parking at the ratio of one parking space per 250 square feet of gross floor area or part thereof.
5.
Child care centers shall provide parking at the ratio of one parking space per employee plus one additional parking space for every eight children. Additionally, adequate area shall be provided for the loading and unloading of children, which shall take place on site and not in the public right-of-way.
6.
Shopping centers shall provide parking at the overall ratio of five parking spaces per 1,000 square feet of gross floor area, provided that additional parking may be required for movie theaters and/or restaurants, if such uses are located on separate pad sites apart from the main parking area(s).
7.
Automobile sales shall provide at least 10 parking spaces for customer convenience which shall be separated from vehicle display areas and not be used by employees who shall be provided parking spaces elsewhere on the property.
8.
Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street.
h.
Off-Street Loading.
1.
Each principal building or group of buildings shall provide at minimum one off-street loading space at the side or rear of the building or within the building. Any loading dock space shall be at least 15 feet in width by 40 feet in length with adequate ingress and egress from a public street and with adequate space for maneuvering. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.
2.
There shall be at least one trash and garbage pick-up location within convenient access to the building being served, including provisions for the separation and collection of recyclable materials in accordance with the recycling requirements of Somerset County and in accordance with the following:
(a)
The trash and garbage pick-up location shall be provided either within the building being served or in a pick-up location outside the building;
(b)
If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions; and
(c)
If located outside the building, the trash and garbage pick-up location shall include a steel-like, totally enclosed trash and garbage container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three.
i.
Permitted Signs.
1.
Each principal building not part of a shopping center may have one freestanding sign plus each principal permitted use in said building(s) may have one attached sign, provided and in accordance with the following:
(a)
Any freestanding sign shall not exceed 75 square feet in area or 5% of the front facade of the principal building, whichever is less, and shall not exceed eight feet in height. Freestanding signs equal to or less than 35 square feet in area shall be set back at least 10 feet from any street right-of-way line. Freestanding signs greater than 35 square feet but less than 55 square feet in area shall be set back at least 15 feet from any street right-of-way line, and freestanding signs greater than 55 square feet in area shall be set back at least 20 feet from any street right-of-way line. All freestanding signs shall be set back at least 25 feet from any other property line.
(b)
Each principal first floor use in a building with direct access from the outside shall be permitted a sign attached flat against the building. The size of each such attached sign shall not exceed 1/2 square foot of sign area per one linear foot of building facade fronting on a street and occupied by the individual use, but in no case shall the size of the sign exceed 50 square feet in area.
(c)
For corner lots, one additional attached sign is permitted for a principal use within the building which faces the additional street, provided that the sign shall not exceed 1/2 square foot of sign area per one linear foot of building facade fronting on said street, but in no case shall the size of the sign exceed 20 square feet in area.
(d)
Second floor principal uses facing and having direct access from the outside shall be permitted one attached sign at the entrance to the use. The sign shall not exceed four square feet in area.
2.
Each shopping center may have one freestanding sign, plus attached signs identifying the names of individual uses, provided and in accordance with the following:
(a)
Any freestanding sign shall not exceed 75 square feet in area and shall not exceed eight feet in height. Freestanding signs equal to or less than 35 square feet in area shall be set back at least 10 feet from any street right-of-way line and 25 feet from any other property line. Freestanding signs greater than 35 square feet in area shall be set back at least 15 feet from any street right-of-way line and 25 feet from any other property line.
(b)
Each principal first floor use in a building with direct access from the outside shall be permitted in accordance with the following:
(1)
The size of each such attached sign shall not exceed 1/2 square foot of sign area per one linear foot of building facade fronting on a street and occupied by the individual use, but in no case shall the size of the sign exceed 50 square feet in area.
(2)
Each such sign shall be either attached flat against the building at or above the entrance to the activity or shall be suspended perpendicular to the building from a roof over a common walkway. If suspended, the sign shall be no closer than eight feet to the finished grade below; and
(3)
All such signs within a shopping center shall adhere to a common architectural theme regarding lettering style, lighting and color.
j.
Provisions for Age-Restricted Affordable Apartment Units in a Permitted Shopping Center. The following provisions are intended to encourage the development of age-restricted affordable apartment housing units within a shopping center in the HC Highway Commercial zoning district in order to further diversify the housing opportunities for the elderly in Montgomery Township and to provide such housing within easy walking distance of retail sales and services and public transportation.
1.
The lands to be developed with the age-restricted affordable apartment units must be part of an approved shopping center within the HC District.
2.
The land area devoted to the apartment units must be specifically indicated on the site plan reviewed and approved by the Planning Board, and the land area may not be credited for any other development within the shopping center.
3.
The land area devoted to the apartment units must be at least 2 1/2 acres in area and shall have at least 300 feet of frontage on an existing street.
4.
The age-restricted affordable housing units shall be developed at a maximum density of eight dwelling units per acre of land specifically devoted to the units, provided that no more than 24 units shall be developed.
5.
All of the apartment units shall be for rent.
6.
All of the apartment units shall be deed restricted for occupancy by households with at least one person 55 years of age or older and with no person less than 19 years of age, provided that visitors less than 19 years of age shall be permitted for no more than eight weeks during any twelve-month time period.
7.
The maximum height of an apartment building shall be 3 1/2 stories and 38 feet and all buildings shall have a mansard or single-ridge roof line.
8.
All apartment buildings shall be set back at least 50 feet from any street line and tract boundary line, and shall be no closer than 50 feet to any other building in the shopping center.
9.
The area developed with the apartment units shall have direct vehicular and pedestrian access to the frontage street and to the shopping center.
10.
All of the apartment units shall be developed in accordance with the Substantive Rules (N.J.A.C. 5:93-1 et seq.) of the New Jersey Council on Affordable Housing (COAH) existing at the time of the construction of the units.
(a)
More specifically, the apartment units shall be constructed, marketed, occupied and maintained as low and moderate income dwelling units in accordance with COAH's Substantive Rules in a manner that they can be credited against the Township of Montgomery's fair share affordable housing obligation.
(b)
One-half of the units shall be set aside for occupancy by eligible low income households and 1/2 of the units shall be set aside for occupancy by eligible moderate income households.
k.
Special Provisions for Child Care Centers. In addition to being permitted to be developed on its own dedicated lot, a child care center also may be developed within a second building on a lot within the HC Highway Commercial zoning district, provided and in accordance with the following:
1.
The subject lot must be at least three acres in area, which is three times the minimum required one acre for the development of a single building within the HC District.
2.
The child care center may be developed as the sole principal use within the building, or the child care center may share the space within the building with offices, which is another permitted use in the HC District, and is a use that could compatibly coexist with a child care center.
3.
The two buildings on the single lot shall be separated as follows:
(a)
The two buildings shall be separated by a distance of at least 20 feet where the separation distance is used solely for pedestrian movement; or
(b)
The two buildings shall be separated by a distance of at least 50 feet where the separation distance is used to any extent for parking and/or vehicular circulation.
4.
All other applicable requirements of this chapter for individual uses within the HC District shall apply, and the entirety of all floors of all buildings shall be included in the calculation of the allowable floor/area ratio.