Sparta Township City Zoning Code
§ 18-4.24
Town Center Commercial Zone TCC.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3; Ord. No. 02-20 §§ 20, 21; Ord. No. 2016-21 § 3]
a.
Purpose. This zone provides for community commercial uses to complement and enhance the existing retail and service use and historic character in the Town Center area. The Master Plan establishes guidelines for proper site plan development which is referenced as a part of this subsection. The goals of community design and historic preservation of the Town Center is intended to accomplish the following:
1.
To accomplish the protection, enhancement and perpetuation of the Town Center area, which has been designated as a historic landmark, and other structures and resources within the Town Center area which reflect the elements of the architectural history of the Township. To encourage construction and reconstruction with a residential appearance in keeping with the goals of the Town Center and the Appendix to the 1993 Master Plan Amendment to the Interchange Master Plan.
2.
To encourage the continued use of the existing buildings and to appropriate reuses.
3.
To maintain the character of the neighborhood and architecturally significant buildings.
4.
To manage change by preventing alteration or new construction not in keeping with the zone.
5.
To discourage the unnecessary demolition of historic resources.
6.
To maintain economic viability of the existing land uses.
7.
To improve access, circulation and parking.
8.
To maintain a stable and balanced community fiscal structure.
9.
To maintain and improve the traffic circulation by implementing the Master Plan concepts and by limiting access to the Route 517 Bypass properties to the proposed connector road, Main Street and Sparta Avenue.
b.
Principal Permitted Uses. This zone is limited to business uses of a retail sales and service type. Only the following uses are permitted:
1.
Stores or shops for retail business or wholesale display entirely within the confines of a building.
2.
Banks and offices for business, executive and professional purposes.
3.
Opera houses and theatrical and motion picture theaters, but not including open air theaters.
4.
Bed and breakfast establishments, access to all guest rooms shall be via hallways from a central area. See definition (Subsection 18-2.1).
5.
Restaurants, but not including drive-in restaurants.
6.
Public buildings and uses.
7.
Second floor apartments over retail commercial and office establishments but not over service stations or public garage or dry cleaning establishments.
8.
Bowling alleys and sports centers.
9.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
10.
Houses of worship, churches and cemeteries.
11.
A parking lot on property owned by a homeowners association with at least 300 members. Nonmembers of the association may be charged a user fee. Parking or a parking lot is otherwise prohibited as a principal use in the TCC Zone. This amendment does not extend to parking on public roadways and is limited to a parking lot.
[Added 11-12-2019 by Ord. No. 19-19]
c.
Permitted Accessory Uses. Parking, signs, essential services and other accessory uses and customary incidental to the permitted uses.
d.
Prohibited Uses. The following uses are specifically prohibited:
2.
Any business conducted outside the confines of a building unless specifically permitted.
3.
Any industry, process of manufacture, fabrication, assembly, disassembly, conversion or alteration. For the purpose of this section, any business use shall be deemed to be an industry where it employs more than five persons in the processing or manufacturing of a product or uses more than a total of 25 horsepower machinery in the direct processing or manufacturing operations, but is not intended that a retail store or service establishment such as a hotel, department store or bank be limited in the number of its employees or in the horsepower used for heating, air conditioning and other similar nonprocessing or manufacturing operations.
4.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony tracks or other similar commercial outdoor amusements.
5.
Junk yards, warehouses, storage buildings and coal or fuel yards.
6.
Gasoline Service Stations. However, gasoline service stations in existence on January 1, 1999 are hereby grandfathered and authorized to be expanded and/or rebuilt even if totally destroyed. However, any expansion or rebuilding shall be pursuant to the conditional use requirements set forth in Subsection 18-4.7c, entitled Conditional Automotive Service Stations and Public Garages.
7.
Any other uses not specifically permitted.
e.
Required Conditions. The following requirements must be complied with in the TCC Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser.
2.
Front Yard. There shall be a front yard setback of not less than 25 feet, except that where existing buildings within 200 feet from an average established setback, new buildings shall conform to such established line.
3.
Side Yard. There shall be a minimum side yard of 10 feet. Off-street parking is permitted in the side yard provided no parking area is closer than five feet to any building and not closer than 15 feet to any residential zone boundary line.
4.
Rear Yard. There shall be a rear yard of at least 60 feet unobstructed by buildings or other permanent structures. Off-street parking is permitted within the rear yard, provided no parking area is closer than five feet to any building nor 15 feet to any residential zone boundary line.
5.
Impervious Coverage. The total impervious coverage of any site shall not exceed 40% of the total site area.
6.
Site Plan Approval. Prior to the issuance of a building permit or a certificate of occupancy where no building permit is required, the Planning Board shall review a site plan according to Subsections 18-4.2c and 18-4.2d of the proposed use to ascertain that all the requirements of this section are complied with.
7.
Lot Area. There shall be a minimum lot area of 10,000 square feet measured within 125 feet of the front street right-of-way line.
8.
Minimum Frontage. There shall be a minimum lot frontage of 60 feet.
9.
Site Design-Spatial Requirements.
(a)
The organization of buildings, streets, drives, parking areas, walks, service areas and other site components shall have a functional relationship and be compatible with existing site features and adjacent areas.
(b)
Alignment of Buildings. The alignment of the major access of a building shall be related to the prevailing orientation of adjacent buildings and street.
(c)
Compact groupings of buildings are required to achieve the density and spatial relationship desired to establish a consistent development character relating to the historic architecture.
(d)
Physical site elements such as accessory buildings, fences, walls, tree grates and other plantings shall relate from one parcel to another to provide overall visual continuity within the Town Center.
10.
Architectural Requirements.
(a)
Style. New construction or renovation shall be of similar architectural style to the established theme, and compatible with the Town Center Master Plan and the Appendix of the 1993 Amendment to the Interchange Master Plan.
(b)
Materials, Texture and Color. Materials for new construction shall be similar to the types of and textures of materials established in the Town Center. Renovations, restoration and maintenance work should match existing materials and textures.
(c)
Architectural Elements and Features. Architectural features, including but not limited to, cornices, windows, doors and trim, prevailing in the immediate area are important. It is not intended that the details of historical buildings be duplicated precisely, but they shall be regarded as a reference for new buildings or alterations. Details and architectural elements shall reinforce established architectural theme and shall be included in drawings submitted for review.
(d)
Continuity of Architecture and Site Details. The design continuity and coordination of architecture and site details, especially walls, fences, ornamental metal work, steps, walkways, planting beds and landscaping is especially critical to the character of the Town Center.
(e)
Mechanical Equipment and Roof Projections. Any exterior mechanical and electrical equipment, shall not be exposed to the public view. Any deviations from the standard shall require architectural treatments consistent with the historic character and approved by the Board.
(f)
Building Massing and Scale. (Nonresidential)
(1)
Large single rectangle block buildings greater than 25,000 square feet, with undifferentiated facades, especially with curtain walls or large areas of glass, are inappropriate. Where large structures are required, massing shall be broken up through the use of gables, indentations, variation in rooflines, arcades and other design techniques.
(2)
A human scale shall be achieved at ground level and along street frontages and entryways through the use of windows, arcades, porches, doors, columns, canopies and architectural details such as cornices, window and door trim, transoms, etc.
(3)
Building facades shall be articulated with a base, a lower and upper facade and capped with a cornice; and/or a roof element. All visible facades of any proposed building must be treated with architectural materials which shall consist of brick, finished masonry, stone, wood or combination thereof, based on commonly accepted architectural details, or other materials approved by the Planning Board.
(4)
Roofs. All buildings shall have pitched roofs, except where technical considerations require a flat roof, a mansard roof treatment shall be used to reflect the historic character of Main Street (hip, mansard or gable) and material shall be architecturally compatible with the rest of the building and should reflect the general pattern along the street.
(5)
Individual commercial retail and office building shall be designed to reflect the pedestrian scale of a traditional Town Center.
(6)
Each facade must be treated architecturally, not just the main entrance facade. The entire front, sides and rear of the building shall be coordinated in compatible colors and materials. Street facades, in the public view, shall receive the greater architectural emphasis.
(7)
All buildings shall also be harmoniously related to the existing and proposed road network, as well as to open spaces and other civic spaces. Linkages to adjacent development including streets and pedestrian ways, are required.
11.
Parking/Circulation.
(a)
Shade trees and parking aisles plantings shall be provided. All islands shall contain shade trees. Open space areas shall contain shade trees. All trees in parking areas impacting vehicular circulation shall have all branches removed below eight feet to assure good sight distance.
(b)
Interior parking lot islands should be designed so as to channel traffic in accordance with the approved circulation design and to provide site triangles at aisle intersection, reduce heat and glare and soften the view of large areas of parking.
(c)
Shared access and cross easements to adjacent parking areas shall be provided where feasible. Infill, redevelopment and conversions of residential to nonresidential properties shall provide accessways and parking lots in a manner so as to permit shared access areas and parking areas between adjacent property.
12.
Signs and Graphics. Refer to Subsection 18-5.3m, (Signs), which is also applicable.
(a)
Internally lit box signs are prohibited in the R-4 and all Town Center Zones.
(b)
The design of a sign shall be subservient to, and consistent with, the building or use it serves. Signs shall be compatible with the architecture and details of the building, and oriented to pedestrians.
(c)
The size of free standing signs in the Town Center zones may be increased in proportion to the area of the building as set forth below:
(d)
A business establishment may display one or more signs not exceeding three relating to its business. The total area for all signs affixed to the building face fronting on the street shall not exceed 5% of the area of said face. No individual sign shall exceed 24 square feet. The maximum height of any sign shall not exceed 10% of the wall height or two feet, whichever is less. The maximum width of any sign shall not exceed 50% of the width of the wall to which it is attached or 12 feet, whichever is less.
(e)
Where a building or buildings are developed together and require several different signs, they should be similar in size, materials, colors and lettering. The applicant shall submit to the Planning Board for approval a comprehensive sign plan showing the size, configuration, location, color, and letter style proposed for each sign.
(f)
For shops and stores, recommended signage is a graphically consistent system of darker colored traditional style letters, routed or applied to a neutral background over the store window area, hanging signs, or a combination thereof. Letter size shall be subordinate to the background. Sign lighting shall be indirect or external to the sign. Internal box lit signs are prohibited. Lettering should not conflict with the historical time period of building architecture.
(g)
No more than three colors for background, lettering and emphases and no more than two type faces shall be permitted for any sign. Signs should be constructed of natural materials.
(h)
Signs must be located at the places of business to which they refer.
(i)
A sign shall not obscure, conflict with, or cover any architectural detail (i.e. cornice), and must be aligned with major building elements, such as windows, trim and structure lines.
13.
Streetscape. All properties with frontage on Main Street, Sparta Avenue, Woodport Road and Mohawk Avenue shall provide streetscape improvements consistent with the Town Center Master Plan including but not limited to the following:
(a)
Street trees every 40 feet or as deemed appropriate by the Board after review of the landscape plan.
(b)
Decorative street lighting, spacing as required.
(c)
Sidewalks.
(d)
Concrete paver/utility strip.
(e)
Benches.
(f)
Trash receptacles.
(g)
The connector road shall be required to place the streetscape on the development side of the road. Appropriate connections to the open space shall be provided as directly by the Planning Board.
14.
Landscape buffers shall be required along Route 517 for a distance of 20 feet and parking areas along other roadways for a distance of 15 feet measured from the right-of-way line.