Sparta Township City Zoning Code
§ 18-4.33
Town Center Commercial and Age-Restricted Housing TCCAH District.
[Ord. No. 05-03 § 4; Ord. No. 10-15; Ord. No. 2016-20 § 2]
a.
Purpose. Town Center Commercial and Age-Restricted District: This District provides opportunities "to encourage senior citizen community housing construction" in a mixed use development pattern within the Designated Sparta Town Center consistent with N.J.S.A. 40:55D-2.L and smart growth principles established in the State Plan, Sussex County Strategic Growth Plan and the Sparta Township Master Plan. The district will provide affordable housing opportunities within a walkable planned village center to assist in meeting the Township's 2016 Amendment and Supplement to 2008 Housing Element and Fair Share Plan obligation. Public sewer and water serve the district to minimize any environmental issues.
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 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 517 Bypass properties to the proposed connector road, Main Street and Sparta Avenue.
b.
Principal Permitted Uses. This is a mixed-use zone of commercial retail, office, age-restricted housing and affordable housing apartments in 100% affordable buildings existing on June 1, 2010 and in new mixed use buildings.
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.
Restaurants, but not including drive-in restaurants.
4.
Public buildings and uses.
5.
Second floor apartments over retail commercial and office but not over dry cleaning establishments.
6.
Institutional uses and nonprofit clubs, lodges and fraternal organizations.
7.
Age-restricted housing: the age of the occupants shall be restricted to persons where at least one member of the residential unit is at least 55 years of age, with or without a spouse, and other members of such person's residential unit over the age of 19 years of age; and surviving members of that unit in the event of death of such resident who is at least 55 years of age, subject to applicable local, State and Federal law.
8.
A maximum of 10 100% affordable housing rental apartments in a mixed-use structure, which shall have commercial uses on the first floor and may have commercial uses or affordable housing on other floors.
c.
Permitted Accessory Uses. Parking, signs, essential services and other accessory uses customary incidental to the permitted uses as determined by the approving Board.
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 of products or materials.
3.
Carousels, merry-go-rounds, miniature golf, outdoor theatres, pony tracks or other similar commercial outdoor entertainment.
4.
Junk yards, warehouses, storage buildings and fuel yards.
5.
Gasoline service stations and other automobile related uses.
6.
Any other use not specifically permitted as determined by the Board.
e.
Required Conditions. The following ordinance requirements must be complied with in the TCCAH Zone District.
1.
Height. The height of the principal structures shall not exceed three stories or 38 feet except a structure devoted to age-restricted housing that is set back 200 feet from the right-of-way may not exceed 40 feet.
2.
Front Yard. There shall be a minimum front yard of 15 feet.
3.
Side Yard. There shall be a minimum side yard of 10 feet for commercial buildings and 15 feet for the age-restricted housing buildings.
4.
Rear Yard. There shall be a minimum rear yard of 25 feet.
5.
Impervious Coverage. The total impervious coverage of a tract of land (may be comprised of more than one lot) for a mix of commercial and age-restricted housing shall not exceed 70%. Stand-alone commercial development shall not exceed 40%.
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.
Tract Area. The minimum tract area for the mixed-use development of commercial and age-restricted housing is 80,000 square feet.
8.
Lot Area. There shall be minimum lot area of 10,000 square feet for any commercial use including the option of apartments on the second floor as a stand-alone project or subdivided from the tract.
9.
Minimum Frontage. There shall be a minimum lot frontage of 80 feet.
10.
Minimum Commercial Development. The commercial portion of the mixed-use development shall be located along the street frontage. A minimum of 15% of the total first floor area of the development shall be devoted to commercial uses.
11.
Age-Restricted Housing. The maximum number of age-restricted housing units shall not exceed 55.
12.
Bedroom Distribution. The maximum number of three bedroom units shall not exceed 20% of the total units.
13.
Inclusionary Housing. The affordable housing set aside required for all housing units is 20% of the units constructed.
14.
Utilities. Proof of sewer allocation and water capacity are required prior to Board approval for a mixed-use development.
15.
Town Center Zone Standards. Any development within the Town Center Commercial and Age-Restricted District (TCCAH) shall comply with the Town Center Zones required standards set forth in Subsection 18-4.24e9-13.
16.
Parking. Parking requirements are governed by the Residential Site Improvement Standards. Structured parking is recommended to meet the intent and purposes of the district.