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ORDINANCE 1998-18ORDINANCE 98 -18 AN ORDINANCE OF THE TOWNSHIP OF-CHERRY HILL ADOPTING A REDEVELOPMENT PLAN AND AMENDING ORDINANCE 76-71. ENTITLED THE ZONING ORDINANCE OF CHERRY HILL ESTABLISHING STANDARDS FOR THE B -4 OVERLAY ZONE BE IT ORDAINED by the Township Council of the Township of Cherry Hill, as follows: : '9ECTION Einding-,. The Township Council of the Township of Cherry Hill, by Resolution 98 -2 -22 dated February 23, 1998, authorized the Cherry Hill Township Planning Board to undertake a preliminary investigation to make a determination regarding a Redevelopment Area, pursuant to N.J.S.A. 40A:12A -1 et. seq. The Cherry Hill Township Planning Board, at February 23, 1998 Planning Board Meeting made available a map and initial investigation prepared by the Community Development Department and consisting of those properties generally known as the Rickshaw Inn/Garden Park Hotel (Block 40.01, Lots 1 & 6; Block 31.01, Lots 1, 8 & 9) as the area proposed for redevelopment, and, following a Public Hearing on March 16, 1998, by Resolution recommended to the Township Council that the area be designated as a redevelopment area in accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et seq. The Cherry Hill Township Council adopted a Resolution (98 -3 -25) on March 23, 1998, establishing the Redevelopment Area in accordance with the map and investigation adopted by the Cherry Hill Township Planning Board. SECTION 2. Adoption of Redevelopment Plan. There is hereby adopted, pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A: 12A-7 et seq., a Redevelopment Plan entitled "Township of Cherry Hill, Camden County, New Jersey, Redevelopment Plan ", dated May 1998 and prepared in cooperation by the Department of Community Development, Marge Matvsow (DellaVecchia), P.P. and Township Council of the Township of Cherry Hill. Three copies of the Redevelopment Plan are on file with the Township Clerk of the Township of Cherry Hill and a copy of the Redevelopment Plan is available for public review in the Cherry Hill Free Library. SECTION 3. Zoning Ordinance Revision. The Zoning Ordinance of the Township of Cherry Hill (Ordinance76 -71, Article XX Regional Business) establishing the uses and Development standard in the B -4 Zone is hereby amended to read as follows: A. That Article XX Section is hereby amended and revised as follows: 2009 -2015 [B -4 OVERLAY ZONE] (ADDITION) B. Section 2009. PURPOSE The primary purpose of this overlay zone is to provide an area for business uses that serve the Southern New Jersey region. This overlay zone applies only to Block 40.01, Lots 1 & 6, Block 31.01, Lots 1, 8 & 9. A function of this zone will be to complement and • • 1. OFFICE A: Office use with a minim of twenty thousand (20,000) gross square feet per tenant. 2. OFFICE B: Office use with a minimum of five thousand (5,000) gross square feet per tenant. 3. OFFICE C: Office use with a no minimum square footage requirement. 4. RACE TRACK FACILITIES: Thoroughbred horse and harness race track facilities, including but not limited to , grandstand, clubhouse, stables and related facilities as regulated by the State of New Jersey 5. RESIDENTIAL A: Residential use greater than seven (7) floors in height. Adequate recreation areas and facilities to serve the needs of the anticipated population of the development shall be provided. 6. RESIDENTIAL B: Residential use between four (4) and six (6) floors in height. Adequate recreation area and facilities to serve the needs of the anticipated population of the development shall be provided. 7. RESIDENTIAL C: Residential use between (1) and three (3) floors in height. No more than eight (8) townhouses shall be attached in on a (1) group. Adequate recreational facilities. 8. RESTAURANT A: Restaurant use with a minimum of two hundred (200) • • • seats. 9. RESTAURANT B: Restaurant use with a minimum of fifty (5 0) seats. This use shall only be permitted as an ancillary use to an office building containing a minimum of fifty. thousand (50,000) gross square feet , a hotel, a transit center or a convention center. In addition, this use shall be permitted in conjunction with a Retail A use or .uses in an enclosed mall. - 10. RETAIL A: Retail use with a minimum of sixty thousand . (60,000) gross square feet per outlet or tenant: More than one use proposed, shall be connected by enclosed mall. 11. RETAIL B: Retail use with no minimum square footage requirements. 12. RETAIL C: Retail use with no minimum square footage requirements, but limited to the following types of retail and service activities: 1. Groceries and foodstuff 2. Drugs and pharmaceutical 3. Confectionery 4. Stationary and tobacco 5. Bakery 6. Periodicals and newspapers 7. Dry Cleaning 8. Barber and beauty shops 9. Coffee Shop 10. Cocktail lounges 13: BANKS 14. HOTELS/MOTELS 15. THEATERS 16. RECREATIONAL FACILITIES 17. TRANSIT FACILITIES Use shall be limited to indoor recreational uses, unless located within a screened, fenced area. Pool halls and arcades shall not be permitted. • 18. CONVENTION CENTERS .19.. ASSISTED- LIVING FACILITY 20. SENIOR CITIZEN HOUSING SECTION 2011. PROHIBITED USES PROHIBITED USES. Although it should be understood that any use not complying with the specifications of this Articles is thereby prohibited, the following uses and activities are specifically - prohibited: 1. Used car lots except as an accessory use to the sale of new cars, by a duly franchised new car dealer. 2. The operation, whether as a primary or accessory use, of a drive -in eating establishment. 3. Junk yards. 4. Trailer courts. 5. Drive -in theaters. 6. Adult bookstores, adult motion picture theaters, massage parlors and similar uses. SECTION 2012. DEVELOPMENT STANDARDS • 1. Building Requirements a. The maximum height of any building shall not exceed one hundred fifty (150) feet. b. The minimum setback for any building shall be thirty -five (35) feet from any street right -of -way, unless otherwise specified. C. The rear setbacks shall be twenty (20) feet and side setbacks shall be ten (10), both sides thirty (30) feet, unless otherwise specified. d. Buildings which are taller than fifty (50) feet shall be setback from a State or County right -of -way a minimum of one (1) foot for every foot in building height. e. For a site which abuts a residential zone, the minimum side and rear setback shall be increased to fifty(50) feet or one (1) foot of setback for each foot of building height, whichever is greater. f. No residential structure shall be closer than twenty -five (25) feet to any other • • residential structure, except when waived by the Planning Board for special architectural considerations. 2. SITE REQUIREMENTS a. Required Open Space 1. All sites shall have a minimum of twenty -five (25 %) of the gross usable site as open space. 2. All open space shall be maintained by the developer or landowner. An applicant for development review shall submit to the Planning' Board the means by which the lands to remain as open space will be maintained: b. Streams and Ponds 1. All ponds and waterbodies shall have a maximum lawn side slope of 3:1 to the edge of the normal pool elevation then 3:2 slope below normal pool elevation. The depth of the water at the center shall not be constructed to be less than six (6) feet. The minimum distance between the pond and any building or parking area shall be twenty - five (25) feet, unless waived by the Planning Board for design considerations. Provisions shall be made to maintain the water level in all ponds. 2. All streams shall be preserved a minimum of fifty (50) feet from the center line of the stream unless modifications are specifically approved by the Planning Board for aesthetic or drainage purposes. 3. AREA AND YARD REQUIREMENTS. (See Schedule) SECTION 2013. SIGNS Signs shall be in accordance with ARTICLE XXIII of this Ordinance. SECTION 2014. OFF - STREET PARKING 1. Parking shall be in accordance with Article XXIV of this Ordinance, except as otherwise indicated. 2. To the greater extent possible without causing a traffic hazard, all parking areas shall be screened by berming and/or landscaping so they are not visible from any existing • or proposed right -of -way. 3. Off- street parking.areas shall not open directly onto public streets or interior project . roads, but shall be provided with access drives. 4. There shall be no parking areas within ten (10) feet of a structure or twenty (20) feet from a project road. SECTION 2015. BUILDING DESIGN AND SITE PLAN REVIEW Building Design and Site Plan Review shall be in accordance with ARTICLE XXVIII of this Ordinance. SECTION 4. If any section, paragraph, subsection, clause or provision of this Ordinance shall be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this Ordinance as a whole or any part thereof. SECTION 5. All ordinances or parts of ordinances of the Township of Cherry Hill heretofore adopted that are inconsistent with any of the terms and provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 6. This Ordinance shall take effect immediately upon its final passage and notice of adoption shall be published as provided by law. INTRODUCED: -May 11, 1998 • ADOPTED: September 14, 1998 i Arthur Simons Council President Susan Bass Levi &'t7tzl Mayor - Township of Cherry Hill Myrna VCloth RMC Clerk - 4 Township of Cherry Hill •