Sparta Township City Zoning Code
§ 18-4.27
Town Center Lower Main Street Commercial Zone TCLM.
[Ord. No. 1003 § 7; Ord. No. 01-14 § 3; Ord. No. 02-20 §§ 14, 23; Ord. No. 05-03 § 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 limited retail sales and service type. Only the following uses are permitted:
1.
Banks and offices for business, executive and professional purposes.
2.
Pharmacy, clothing store, gift shop, antique shops and photography studio and other similar lower intensity retail uses.
3.
Bed and breakfast establishments, access to all guest rooms shall be via hallways from a central area. See definition (Subsection 18-2.1).
4.
Restaurants, but not including drive-in restaurants.
5.
Public buildings and uses.
6.
Apartments over retail commercial and office establishments.
7.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
8.
Churches.
9.
Apartments. In any building containing a retail store or service establishment upon the first floor. With the exception of public garages and service stations, apartments may be constructed on the second floor.
10.
Patio homes, duplexes and triplexes at a density of four dwelling units per acre with a 15% mandatory set aside of affordable housing meeting the requirements of the Housing Section.
c.
Permitted Accessory Uses. Parking, signs, essential services and other accessory uses customary and incidental to the permitted uses.
d.
Prohibited Uses. The following uses are specifically prohibited:
1.
Any business conducted outside the confines of a building unless specifically permitted.
2.
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.
3.
Carousels, merry-go-rounds, miniature golf, outdoor theaters, pony tracks or other similar commercial outdoor amusements.
4.
Junk yards, warehouses, storage buildings and coal or fuel yards.
5.
Gasoline service stations. However, gasoline service stations in existence on January 1, 1999 are hereby grandfathered and are authorized to be expanded and/or rebuilt even if totally destroyed. However, any expansion or rebuilding shall be pursuant to the conditional use requirement set forth in Subsection 18-4.7c1 entitled Conditional Automotive Service Stations and Public Garages.
6.
Intense retail uses convenience stores, fast food restaurants, dry cleaners and other similar quick stop retail.
e.
Required Conditions. The following requirements must be complied with in the TCLM Zone:
1.
Height. The height of a principal structure shall not exceed 2 1/2 stories or 35 feet.
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.
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 subsection 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.
Town Center Zones Required Standards. Any development within the Town Center Lower Main Zone (TCLM) shall comply with the Town Center Zones Required Standards set forth in Subsection 18-21.24e9 — 14.