The purpose of these regulations is to encourage the effective and timely development of land for commercial purposes in accordance with the objectives and policies of the Middletown Comprehensive Community Plan; to encourage the use of the General Business district as a shopping and service center for the community and nearby areas; and to minimize traffic congestion on the public streets. All uses to be located in the General Business district shall conform with the provisions of this article. (back to top)
No building permit shall be granted for the construction of a shopping center until the Zoning Board of Review shall grant a special-use permit therefore in accordance with the provisions of this ordinance. Upon receipt of a completed application as required by Section 1602, The Zoning Board shall refer two (2) copies of the application to the Middletown Planning Board for site plan review, who shall make a written report to the Zoning Board with forty-five (45) days of receipt of plans. The Zoning Board shall then hold a public hearing on the application for a special-use permit. Where the decision of the Zoning Board of Review differs from the recommendations of the Planning Board, the reasons shall be clearly stated in writing. (back to top)
An application for a special-use permit shall contain, as a minimum site plans and supplementary information as required by Section 304, plus the following:
A. A traffic flow analysis showing circulation patterns within the confines of the proposed shopping center, indicating projected traffic volumes and directions and an analysis of the anticipated traffic impact on adjacent or nearby streets;
B. A description of the type of commercial use which is expected to be located within the individual units within the shopping center;
C. Provisions for ownership, management and maintenance of the proposed shopping center;
D. Location, size, height and orientation of all signs;
E. Provisions for outdoor lighting. (back to top)
The following standards of development shall apply to all shopping centers: (back to top)
A. Only those uses permitted in the GB General Business zoning district are permitted as a principal use of land in a shopping center.
(1) General merchandise retailing activities, including department stores (storage areas not to exceed 30% of gross floor area);
(2) Supermarkets
(3) Grocery stores, delicatessens, fish markets, fruit and vegetable markets, bakeries, dairy products stores;
(4) Lunchroom or restaurant (no alcoholic beverages);
(5) Lunchroom or restaurant (alcoholic beverages); (6) Tavern, cafÈ, club, bar or cocktail lounge (alcoholic beverages);
(7) Packaged liquor store;
(8) Laundry or dry cleaners, pick-up only (no plant), or self-service Laundromat;
(9) Beauty or barber shop,
(10) Duplicating, printing or photocopying services;
(11) Miscellaneous repair shops and related services (non-vehicle);
(12) General professional offices;
(13) Bank or financial institutions;
(14) Motion picture theaters;
(15) Bowling alleys and billiard and pool parlors;
(16) Exercise center, gymnasium, sauna or court games; and
(17) Accessory use customarily incidental to a use permitted in the district and located on the same lot as the principal use.
B. To prevent the operation of a principal use not permitted under subsection A on land adjacent to a shopping center in such manner that it appears to be a part of the shopping center.
(1) All principal uses established on land adjacent to a shopping center, except uses specified in Section A, shall be separated by permanent barriers from direct access to the shopping center property and to any private road or right of way leading to said shopping center, with the exception of one defined access way, not more than fifty (50) feet in width.
(2) No sign shall be displayed on either a shopping center property or on adjacent land, directing traffic between the shopping center and any principal use on the adjacent land that is not a permitted use or a use permitted in a shopping center by subsection A hereof.
(3) Notwithstanding any other provision of this ordinance, any land that was part of a shopping center on or after September 17, 2001 may be used only for permitted uses, in that district, (and not special uses), and those uses permitted in a shopping center pursuant to section 1604(a).
(4) Each of the requirements of this section is separate and independent and judicial invalidation of one or more of these requirements shall not invalidate the remainder. (back to top)
Each zoning lot shall have a setback for all principal buildings from all street rights of way of at least fifty (50) feet. A strip twenty (20) feet deep along the street line shall be maintained as a landscaped buffer strip except for necessary driveways. The remaining area may be used for parking. (back to top)
Each zoning lot shall have side and rear yards of at least fifty (50) feet in width. A strip twenty (20) feet in width or depth along side and rear lot lines shall be maintained as a landscaped buffer strip. The remaining area may be used for parking. (back to top)
Along the boundary line adjacent to a residential zoning district or use, a landscaped buffer zone shall be provided which shall be at least fifty (50) feet in depth, measured from the property line, within which no off-street parking or loading area shall be permitted. (back to top)
A. Access Barrier. Each zoning lot, with its buildings, other structures and parking and loading areas, shall be physically separated from each adjoining street by a curb or other suitable barrier against unchanneled motor vehicle ingress and egress. Such barrier shall be located at the edge of or within, a twenty (20) foot deep strip along the property line. Except for the access ways permitted by paragraph B below, the barrier shall be continuous for the entire length of the property line.
B. Access Ways. Each zoning lot shall have not more than two (2) access ways to any one street unless unusual circumstances demonstrate the need for additional access points. Each access way shall comply with the following requirements:
The width of any access way leading to a public street shall not exceed twenty-five (25) feet at its intersection with the property line. Curb return shall have a minimum radius of thirty (30) feet.
At its intersection with the property line, no part of any access way shall be nearer than one-hundred feet to the intersection of any two (2) street right-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side of rear property line.
The location and number of access ways shall be so arranged that they will reduce traffic hazards as much as possible. (back to top)
All off-street parking spaces and servicing drives shall be located within the boundaries of the property being developed as a shopping center and provided for in accordance with Article 13. Spaces provided behind the stores or shops shall not be considered usable by the public and shall not be considered in calculating the minimum space required, provided that if the shopping center is so designed that all of the shops and stores are provided with adequate connecting internal drives, the location of parking areas may completely surround such shops and stores. (back to top)
All off-street loading areas shall be provided in accordance with Article 13. In addition, each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-six (26) feet in width and, wherever practicable, shall be in addition to and no part of the drives or circulation system used by the vehicles of shoppers. The arrangement of truck loading and unloading facilities for each shop or store shall be such that in the process of loading or unloading no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked. (back to top)
All parking area and access ways shall be lighted at night during business hours. All outside lighting shall be arranged and shielded to prevent glare or reflection, nuisance, inconvenience or hazardous interference of any kind on adjoining streets or residential properties. (back to top)
Each building shall be provided with an enclosed waste pen of sufficient size to accommodate all trash and waste stored on the premises. (back to top)
There shall be no exterior burning of trash or rubbish on the premises. (back to top)
A separate building, such as a bank or restaurant, constructed on land used for a shopping center, but not physically connected to other buildings in the shopping center, shall not be approved unless both of the following requirements are met:
(1) The area for the separate building, including parking, lanes for a drive-up window, and the building itself, shall be clearly set off from the remainder of the shopping center by a boundary consisting of asphalt or concrete berms, tightly-spaced plantings, or other permanent and unobtrusive means of separation, with not more than two openings for vehicular access to the separate building. Signs shall be placed at each opening in the boundary to clearly show drivers where to enter and exit the separate building area.
(2) The separate building shall be located at least 50 feet from any other principal building in the shopping center, measured from the boundary of the separate building area to the other building. (back to top)