New Britain Township
City Zoning Code
City Zoning Code
PART 14
C-3 COMMERCIAL DISTRICT
§ 27-1400 Purpose.
[Ord. 8-14-1995, § 1400]
a.
The purpose of the C-3 Commercial District is to provide highly visible and accessible locations for large-scale business development, including offices and limited commercial uses. This district requires the layout of a total development in order to maintain a high quality planned character of the area. This District seeks to avoid uses that would generate large amounts of tractor-trailer traffic. The proposed development should be designed with an overall plan following carefully laid-out and coordinated access and landscaping.
b.
Within the C-3 Commercial District, a building may be erected, altered or used and a lot or premises may be used only when in conformance with the conditions of this chapter and the specific use, area and design regulations of this district.
§ 27-1401 Uses Regulations.
[Ord. 8-14-1995, § 1401; as amended by Ord. 01-05-03, 5/21/2001, Art. II; and by Ord. 2011-09-02, 9/19/2011, Art. III]
a.
Uses Permitted by Right.
[Amended by Ord. 2011-09-02; by Ord. 2015-09-06, 9/21/2015; by Ord. 2016-05-01, 5/16/2016; and by Ord. No. 2020-11-04, 11/16/2020]
A1 | General Farming | ||
A2 | Crop Farming | ||
A5 | Commercial Forestry | ||
A6 | Nursery | ||
A7 | Garden Center | ||
C6 | Adult Day Care | ||
D1 | Nursery School/Day-Care Center | ||
E1 | Public Recreational Facility | ||
E2 | Private Recreational Facility | ||
E4 | Non-Household Swimming Pool | ||
E5 | Private Club | ||
E7 | Community Center | ||
F1 | Municipal Building | ||
F6 | Business Campus | ||
I1 | Medical Office | ||
I2 | Veterinary Office | ||
I3 | Professional Office | ||
I4 | Medical and Pharmaceutical Sales Office | ||
J5 | Funeral Home/Mortuary | ||
J15 | Motel — Hotel | ||
J28 | Office Supplies and Equipment Sales and Service | ||
J29 | Package Delivery Service | ||
J30 | Photocopying Service | ||
K3 | Wholesale Business, Wholesale Storage, and Warehousing | ||
K4 | Printing | ||
K18 | Flex Space | ||
L | General Accessory Uses and Structures: | ||
L1 | Nonresidential Accessory Building | ||
L3 | Temporary Structure | ||
L4 | Temporary Community Event | ||
L9 | Off-Street Parking | ||
L10 | Signs | ||
L12 | Cafeteria | ||
L13 | Training Center | ||
b.
Uses Permitted by Special Exception.
C5 | Drug and Alcohol Rehabilitation Center | |
D2 | College, Primary or Secondary School | |
D3 | Commercial Trade School | |
F2 | Emergency Service Center | |
F3 | Recycling Collection Center | |
F4 | Place of Worship | |
G2 | Terminal | |
L8 | Nonresidential Radio & TV Tower, Masts, Aerials, etc. |
c.
Uses Permitted by Conditional Use.
[Amended by Ord. 2015-09-06, 9/21/2015; and by Ord. No. 2018-10-04, 10/1/2018]
B3/B5 | Twins and Towns Mixed Community (see § 27-1403) |
C1 | Hospital |
C2 | Nursing Home |
C3 | Personal Care Center |
F7 | Commercial Campus |
J3 | Service Business |
L2 | Outside Storage or Display |
L11 | Helistop |
L14 | Nonresidential Solar Energy System |
§ 27-1402 Area and Dimensional Requirements.
[Ord. 8-14-1995, § 1402; as amended by Ord. 00-12-02, 12/20/2000, § 17]
a.
Unless a maximum height regulation is stated in § 27-305, Use Definitions and Regulations, for a specific use, no use in the C-3 Commercial District shall exceed 35 feet in height.
b.
Unless a more restrictive area or dimensional regulation is stated in § 27-305, Use Definitions and Regulations, for a specific use or specific regulations for a specific use are set forth in § 27-1403, all uses in the C-3 Commercial District shall meet the following requirements:
[Amended by Ord. 2017-06-07, 6/5/2017; and by Ord. No. 2018-10-04, 10/1/2018]
Use | Minimum Lot Area (acres) | Minimum Lot Width (feet) | Minimum Lot Depth (feet) | Maximum Building Coverage Ratio (%) | Maximum Impervious Surface Ratio (%) | Minimum Yards (feet) | ||
|---|---|---|---|---|---|---|---|---|
Front | Side | Rear | ||||||
All Permitted Uses | 3 | 300 (arterial highway) 200 (other public road) | 200 | 35% | 65% | 50 (public road) 25 (private road) | 25 | 50 |
c.
The amount of building coverage and imperious surface allowed on a site may be increased above the maximum building coverage ratio (%) and the maximum impervious surface ratio (%) listed in § 27-1402.b above when development rights are acquired and transferred to the site under the following conditions. For each development right acquired and transferred to the lot, the maximum amount of allowed building coverage may be increased by up to 3,000 square feet and the maximum amount of allowed impervious surface may be increased by up to 5,000 square feet. However, the maximum building coverage ratio shall not exceed 45% and the maximum impervious surface ratio shall not exceed 75% where development rights are acquired and transferred to a site.
[Amended by Ord. 2017-06-07, 6/5/2017]
§ 27-1403 Performance Standards.
[Ord. 8-14-1995, § 1403; as amended by Ord. 00-12-02, 12/20/2000, § 18; by Ord. 2017-06-07, 6/5/2017; and by Ord. No. 2018-10-04, 10/1/2018]
a.
The following additional standards shall apply to the site where more than one use and/or one building is proposed, except for a Twins/Towns Mixed Community, which shall comply with the regulations set forth in § 27-1403.c below:
Minimum Site Area (acres) | Minimum Distance Between Buildings (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Impervious Surface Ratio (%) |
|---|---|---|---|---|
25 | 30 | 1001 | 1001 | 65% |
NOTES | ||||
|---|---|---|---|---|
1 | Required only when site adjoins a residential zoning district boundary. | |||
b.
The maximum impervious surface ratio (%) may be increased when development rights are acquired and transferred to lots within the site as specified in § 27-1402.c. However, the maximum impervious surface ratio for the site shall not exceed 75% where development rights are acquired and transferred to the lot.
c.
Twins/Towns Mixed Community. This is an integrated development of B3 Single-Family Semidetached Dwelling (Twin Home) and B5 Single-Family Attached (Townhouse and Patio/Atrium House) uses.
1.
Site area and dimensional regulations:
Minimum Site Area (acres) | Minimum Site Width (feet) | Minimum Site Depth (feet) | Maximum Building Coverage Base Ratio (%) | Maximum Impervious Surface Base Ratio (%) | Minimum Building Setbacks (feet) | ||
|---|---|---|---|---|---|---|---|
Local Streets | Other Streets | Property Lines | |||||
20 | 300 | 300 | 40 | 65 | 40 | 100 | 100 |
2.
Housing types and associated area and dimensional regulations:
(a)
Twin Home. One dwelling unit accommodating one family that is attached to another unit and completely separated from that unit by a vertical unpierced firewall. Only one additional unit and one side yard shall be adjacent to each dwelling unit. Each unit shall have individual outside access.
1)
Dimensional Requirements:
Minimum lot area (per unit) | 4,000 square feet |
Minimum lot width (per unit) | 40 feet |
Maximum building coverage (lot) | 35% |
Minimum front yard | 30 feet |
Minimum side yard (except where attached to other unit) | 15 feet |
Minimum rear yard | 30 feet |
(b)
Patio/Atrium House. An attached dwelling unit, with one dwelling unit from ground to roof having individual outside access. Except for the front yard setback, the lot shall be fully enclosed by a wall four to six feet in height. All living spaces (i.e., living rooms, dens, bedrooms, etc.) shall open onto a private outdoor area/patio or a private indoor area/atrium. All patio/atrium houses are required to obtain vehicle access to the dwelling through the rear yard, via alleys. Under no circumstances will vehicle access be permitted across the front street right-of-way line for patio houses.
1)
Dimensional Requirements:
Minimum lot area (per unit) | 2,000 square feet |
Minimum lot width (per unit) | 40 feet |
Maximum building coverage (does not include patio) | 50% |
Minimum patio/atrium area (ratio to lot area) | 35% |
Minimum patio/atrium dimension | 15 feet |
Maximum building height | 1 story or 24 feet |
Minimum front yard setback | 20 feet |
Minimum side yard (except where attached to another unit) | 10 feet |
Minimum rear yard | 20 feet |
Minimum building spacing | 20 feet |
(c)
Townhouse. A single-family dwelling unit, from ground to roof, that is attached to two or more dwelling units or that is attached to a dwelling unit that is attached to two more dwelling units and with each dwelling unit being completely separated from each other by vertical fire-resistant walls. Each dwelling shall have its own outside access.
1)
Dimensional Requirements:
Minimum lot area | 2,500 square feet |
Minimum lot width (1-car garage) | 20 feet |
Minimum lot width (2-car garage) | 26 feet |
Maximum building coverage (lot) | 50% |
Minimum front yard setback | 25 feet |
Minimum side yard (except where attached to another unit) | 15 feet |
Minimum rear yard | 25 feet |
Minimum building spacing | 30 feet |
3.
Lotting. A building containing dwelling units can be on a single lot or each unit can have a separate lot, or the entire site may be unlotted. If the units are not placed on separate lots, the applicant must submit a by-right plan to the Township for review and approval documenting that the units in the development could be lotted out to meet the regulations of this § 27-1403c.
[Amended by Ord. No. 2020-11-04, 11/16/2020]
4.
Units Attached. A maximum of eight dwelling units may be attached in a single building of patio/atrium houses or townhouses. Each building can only contain one housing type.
5.
Dwelling Unit Mix. A mix of housing types is necessary to promote a balanced community. A mix of types is required based on the number of dwelling units as set forth below.
Number of Dwelling Units | Minimum Number of Classes Required | Maximum Allowed Percentage of Any One Class | Minimum Allowed Percentage of Any One Class |
|---|---|---|---|
1 to 25 | 1 | 100% | 20% |
26 to 100 | 2 | 75% | 25% |
101 or more | 3 | 50% | 10% |
In order to promote flexibility in design and to encourage innovation, the foregoing dwelling unit mix may be modified by conditional use of the Board of Supervisors, provided that the developer lays out a plan in accordance with the required dwelling unit mix and provides sufficient evidence and testimony that the alternative dwelling unit mix will provide additional usable open space for the community, a better aesthetically pleasing layout and design, and/or the construction of specific recreational facilities and/or improvements for the benefit of the Township and/or residents of the community. |
6.
Density: a maximum of five dwelling units per acre of base site area.
7.
Open Space. A minimum of 45% of the site shall be open space. Areas designated as open space shall meet the following requirements:
(a)
Open space may be provided in the form of parks, greens, squares, community gardens, active recreation areas, and natural areas.
(b)
All open space areas shall be accessible to all residents from public streets, sidewalks, or trails.
(c)
Open space shall be designed, arranged, and distributed such that no dwelling unit is further than 1,000 feet walking distance from some form of open space.
(d)
No separate area of open space shall be less than 500 square feet in area. Except for trails, no separate area of open space shall have a minimum dimension of less than 20 feet.
(e)
Every green or square shall contain some type of focal point, such as a gazebo, pavilion, fountain, statue, monument, public artwork, etc., and shall be located in the approximate center of the group of dwellings it serves. Greens and squares shall not be less than 1% nor more than 2% grade, shall be well drained and shall have street trees planted along their perimeter in accordance with the street tree requirements of Chapter 22 of this Code. Sidewalks shall be provided along all streets fronting a green or square.
(f)
No parking is required for any open space, and no parking shall be allowed upon any open space.
(g)
A minimum of 50% of the provided open space shall be in the form of active recreation, areas in accordance with the requirements set forth below.
8.
General Design Standards.
(a)
All lots shall share a frontage line with a street, village square, or village green.
(b)
All buildings, except accessory structures, shall have their main entrance opening onto a street, village square, or village green.
(c)
Stoops, open colonnades, and open porches may encroach up to four feet into front yard setbacks.
(d)
Trees shall be planted within rights-of-way parallel to the street along all streets but not alleys.
(f)
Public water and sewer shall be required.
9.
Buffer Yard Design Standards. A buffer yard shall be located between a twin/town mixed community and any abutting single-family detached dwelling. This buffer yard shall conform to the following:
(a)
The buffer yard shall have a minimum width of 25 feet.
(b)
The buffer yard shall be planted in conformance with the requirements of Part 28 of this chapter.
(c)
This buffer may be counted towards open space requirements if a recreational trail is placed throughout its length and the following requirements are met:
1)
The buffer yard shall have a minimum width of 50 feet.
2)
A row of trees shall be planted between the recreation trail and any dwellings adjacent to the buffer. This row of trees shall be in addition to the required plantings of the buffer yard. These trees shall be located five feet from the edge of the buffer yard and planted 30 to 40 feet apart. The trees shall comply with the list of canopy trees in Part 28 of this chapter.
3)
The recreation trail may meander through the buffer yard, but in no case shall the trail be closer than 10 feet from either edge of the buffer yard.
10.
Architectural Design Requirements.
(a)
The main entrances of all structures, other than accessory structures, shall open to the street.
(b)
Fire escapes shall be located to the rear of buildings.
(c)
Trash collection and storage areas shall be located to the rear or side of buildings and screened from adjoining properties and public streets.
(d)
All rooftop equipment shall be enclosed in the building material that matches the structure or is visually compatible with the structure.
11.
Active Recreation Areas. Areas within the twin/town mixed community set aside, designed, and constructed for the express purpose of providing recreational facilities for the community. Recreation areas may be part of required open space, but may not include any residential lot areas, street rights-of-way, or stormwater management areas. Recreation areas shall not include narrow or irregular pieces of land that serve no recreational function or are remnants from the plotting of lots, streets and/or parking areas.
(a)
Active recreation areas shall contain one or more of the following recreation facilities:
Playgrounds |
Recreational fields |
Recreational trails |
Fitness trails |
Basketball, volleyball, and tennis courts |
Shuffleboard and bocce courts |
Sports fields (soccer, baseball, lacrosse, football, etc.) |
Skate parks |
Swimming pools |
Only those areas containing and covered by these facilities will be counted toward fulfilling a mixed community's requirement for active recreation areas. At the Board of Supervisor's sole discretion, other types of recreational facilities can be constructed/installed within active recreation areas to meet the requirements of this subsection. |
(b)
Active recreation areas shall be configured to accommodate all the recreation facilities and activities proposed to be held upon them. The recreation areas shall be improved so that they are usable for the intended activity, including the installation of necessary facilities and equipment. All proposed improvements, including facilities and equipment, must be approved by the Township.
(c)
Recreational facilities shall not be traversed by utility easements or rights-of-way unless said utilities are placed underground and no part of them or their supportive equipment protrudes above ground level.
(d)
Adequate buffering/fencing shall be constructed to separate recreation areas and/or facilities from adjoining properties.
(e)
Active recreation areas be owned, maintained, and preserved in accordance with Part 27 of this chapter.
(f)
Recreational facilities shall be provided in accordance with the individual requirements for each type of facility as described below:
1)
Playgrounds.
• | In no case will a playground be less than 2,000 square feet in area. |
• | Playgrounds, their equipment, components, and surfacing shall comply with the Americans with Disabilities Act[1] and with nationally recognized safety standards. |
• | Use of the playgrounds shall be limited to daylight hours only. No lighting shall be installed. |
• | Every playground shall be enclosed by a gated fence, four feet tall, constructed of wooden, unpointed pickets. Gates shall be self-closing and self-latching. A landscaped buffer shall be provided around the outside of the fence a minimum of five feet in width. |
• | Seats and/or benches shall be provided along the perimeter of the playground. A drinking fountain connected to a potable water supply and a waste receptacle shall be located within the playground. A four-slot bike rack shall be located adjacent to, but outside of, the playground fence. |
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
2)
Recreational Fields.
• | All recreational fields shall have a minimum area of 10,000 square feet and a minimal horizontal dimension of 125 feet. |
• | Recreational fields shall be used only during daylight hours. No lighting shall be installed. |
• | Recreational fields are intended for informal, neighborhood use. |
• | Recreational fields shall consist of a lawn area, unobstructed by trees, shrubs, benches, playground equipment or other obstructions. Recreational fields shall be planted with special turf grass mixtures to accommodate the intended use and wear. Trees and shrubs shall be installed along the perimeter of a recreational field to define its limits, enhance its appearance, and filter noise generated by activities. Individual planting schemes for recreational fields may vary from location to location, but a minimum of one large tree and four shrubs or hedges for every 50 feet of recreational field border shall be installed. |
• | Recreational fields shall be not less than 1% nor more than 2% grade and shall be well drained so that they are suitable for use in good weather. |
• | Recreational fields must be fenced whenever the edge of a field is within 50 feet of stormwater management facilities; playgrounds; slopes exceeding 8%; wetlands, watercourses, riparian buffers, lakes, and/or ponds; or other locations as may be determined by the Township. The fence provided must be six feet high with nonpointed pickets or slats. Gates or passageways must be provided at the midpoint of each proposed fence run. |
• | Seats and/or benches shall be provided along the perimeter of all recreation fields. Bike racks shall be provided adjacent to, but not within, the recreational field area. A minimum of six slots per recreational field is required. |
3)
Recreational and Fitness Trails.
• | Recreational trails include pedestrian paths and nature trails. Recreational trails provide pedestrian access and recreational opportunities within and/or around a site. |
• | All trails shall be constructed within a twenty-foot-wide easement or right-of-way. |
• | All trails shall be a minimum of eight feet in width and shall be constructed with six-inch crushed stone base course topped by 1.5-inch Superpave asphalt mixture design, 9.5 mm mix, PG 64-22, HMA wearing course, 0.3 to 3 million ESALs, SRL-M. |
• | Low spots shall be avoided. Where trails cross watercourses or swales, drainage pipes or footbridges shall be designed and installed to carry runoff and storm flows. Such drainage pipes must be designed to convey the ten-year frequency storm without being overtopped. If the drainage through the low spot exceeds 10 cubic feet per second for the ten-year storm, a footbridge shall be used to cross the low spot. |
• | Painted crosswalks shall be provided at intersections between trails and/or sidewalks located on opposite sides of a street and/or where a trail/sidewalk ends on one side of a street and another trail/sidewalk starts on the opposite side of the street. |
• | Fitness trails shall contain weather-resistant exercise equipment and facilities for use by pedestrians. The equipment and facilities and surface beneath them shall all meet nationally recognized safety standards, and at a minimum shall be designed, installed, and maintained to prevent and minimize injuries. |
4)
Sport Fields.
• | A sport field shall be sized, designed, and equipped to fully meet the standard requirements of the sport intended to be played upon it. |
• | Sport fields shall not be used for formalized programs such as Little League baseball, youth soccer, midget football, etc., unless they are located, designed, and intended for use by the entire Township. |
• | Sport fields shall be used only during daylight hours. No lighting shall be installed. |
• | Sport fields shall be not less than 1% nor more than 2% grade and shall be well drained so that they are suitable for use in good weather. |
• | Sport fields must be fenced whenever the edge of a field is within 50 feet of stormwater management facilities; playgrounds; slopes exceeding 8%; wetlands, watercourses, riparian buffers, lakes, and/or ponds; or other locations as may be determined by the Township. The fence provided must be at least 15 feet away from the edge of the playing surface and six feet high with nonpointed pickets or slats. Gates or passageways must be provided at the midpoint of each proposed fence run. |
• | Seats and/or benches and bike racks shall be provided along the perimeter of all sport fields, but no closer than 10 feet to the playing surface. A minimum of one six-slot bike rack and seating for eight individuals shall be provided per field. |
5)
Basketball courts, tennis courts, volleyball courts, shuffleboard courts, and bocce courts shall be constructed in accordance with details and specifications found in Attachment 4 to this chapter.
6)
Skate parks shall be a minimum of 3,000 square feet in area, and shall consist of permanent or modular construction as available by Skatewave® modular skatepark systems, or approved equal, and applicable design standards from International Inline Skating Association (IISA), as appropriate.
7)
Swimming pools shall meet all of the requirements of an E4 Commercial Swimming Pool use.