The conversion of any dwelling located in an
R-1, R-1-A, R-2, or R-3 Residence District into dwelling apartments
is expressly forbidden except as hereinafter provided. As a conditional
use when, in the opinion of the Planning Board, the only sound and
reasonable economic use of a certain dwelling requires its conversion
into two-family dwelling apartments, the Planning Board may authorize
such conversion for such certain large dwellings which meet the following
specifications:
A.
The dwelling must have been in existence on July 19,
1948, the date of adoption of the original Zoning Ordinance.
B.
In order to be considered for conversion, the dwelling
must contain at least 10 rooms, excluding bathrooms, and each room
must be of a minimum size of 70 square feet.
C.
Such dwelling must conform to the current minimum
lot area provisions of this chapter for the district in which it is
located.
D.
Off-street parking shall be provided to accommodate
two cars for each dwelling unit. Such parking area shall be covered
or landscaped so as to preserve the residential appearance of the
property.
E.
Each of such dwelling apartments shall contain at
least four rooms, comprising a kitchen, a bathroom and two other rooms,
and shall contain a minimum of 700 square feet total living area,
including closets, hallways and stairways.
F.
Each room of every such dwelling apartment shall be
of reasonable size for the use intended and shall have adequate light
and air from the outside.
G.
Every such dwelling apartment shall have safe, adequate
and convenient means of access and egress. No conversion which requires
the addition of an outside stairway or a fire escape shall be permitted.
The requirements for access and egress shall meet the requirements
of the state code for apartment-type dwelling units.
H.
No dwelling shall be converted into more than two
apartments, including all dwelling area occupied by an owner. No dwelling
area within the building shall fail to comply with these specifications.
I.
The ground area of the original dwelling shall not
be enlarged and the number of stories shall not be increased for the
purpose of or in connection with the conversion of such structure
into dwelling apartments, except that areas between projections of
parts of the original dwelling may be incorporated into the building
where reasonably necessary, in the opinion of the Planning Board,
for the execution of a proper and otherwise approved plan for the
conversion of such dwelling into dwelling apartments.
J.
The plans and specifications submitted and the work
done in the conversion of any such dwelling into dwelling apartments
shall be in accordance with the provisions of the Building Code of
the Township of Moorestown and shall conform to reasonable and proper
standards of sanitation, safety and privacy.
[Amended 2-28-1994 by Ord. No. 1701-94]
A.
Nonconforming structures and uses.
[Amended 6-11-2001 by Ord. No. 1959-01]
(1)
Any nonconforming structure or use existing on the
date when the original Zoning Ordinance of the Township became effective
(July 22, 1948) or before the effective date of an amendment rendering
said structure or use nonconforming, may he continued upon the lot
or in the structure so occupied, and any such structure may be restored
or repaired in the event of the partial destruction thereof. Any nonconforming
building, structure or use, which has been condemned or damaged by
fire, explosion, flood, windstorm, or act of God, shall be examined
by the Construction Official. If, in the opinion of the Construction
Official, the damage to the nonconforming structure or use exceeds
partial destruction of the entire structure or use, it shall be deemed
completely destroyed and may be rebuilt to the original specifications
only upon approval of a variance. If the nonconforming structure or
use is only partially destroyed it may be rebuilt and used for the
same purpose as before, provided that a construction permit is issued
and the rebuilding is commenced within one year and completed within
18 months and used for the same purpose as before and does not exceed
the height, area and volume of the original structure.
(2)
With the approval of a use variance by the Board of
Adjustment, the indoor and/or outdoor areas actually devoted to any
nonconforming commercial, business or industrial use may be enlarged
and expanded on the lot (but only within the bounds thereof as the
same existed on said effective date of the original Zoning Ordinance
of said Township or before the effective date of an amendment making
said structure or use nonconforming) to such limited extent as may
be approved, but such expansion of indoor area, by means of additional
structures or additions to or alterations in existing structures,
shall not exceed 50% of the total indoor floor area, and such expansion
of outdoor area shall not exceed 50% of the total outdoor area actually
devoted to such nonconforming use on said effective date of the original
Zoning Ordinance of said Township or before the effective date of
an amendment making said structure or use nonconforming; provided,
however, that no such enlargement or expansion shall be permitted
to extend into the front yard, rear yard or side yards required by
the Zoning Ordinance for the district in which such nonconforming
use is located or to exceed the height restrictions or the restrictions
as the maximum lot area that may be occupied by buildings operative
in such district; and provided, further, that no such authorization
shall be construed to permit any change in the nature or scope of
a nonconforming use as the same existed on said effective date of
the original Zoning Ordinance of said Township.
(3)
With the approval of a use variance by the Board of
Adjustment, the structures, facilities and areas devoted to any nonconforming
commercial, business or industrial use may be altered, relocated or
consolidated for the purpose of convenience, efficiency and economy
in the conduct or operation of such nonconforming use, but not for
the purpose of expansion; provided, however, that no such alteration,
relocation or consolidation shall be permitted to extend into the
front yard, rear yard or side yards required by said Zoning Ordinance
for the district in which such nonconforming use is located or to
exceed the height restrictions or the restrictions as to maximum lot
area that may be occupied by buildings that may be operative in such
district; and provided, further, that no such approval shall be construed
to permit any change in the nature or scope of a nonconforming use
as the same existed on said effective date of the original Zoning
Ordinance of said Township or to permit any expansion of such nonconforming
use.
(4)
A structure which violates any yard requirements may
have additions to the principal building and/or construction of an
accessory building without an appeal for variance relief, provided
that:
(a)
The existing uses(s) on the lot are conforming
to the permitted use(s) stipulated in this chapter for the lot in
question.
(b)
The total permitted building coverage is not
exceeded.
(c)
The accessory building and/or addition do not
violate any other requirements of this chapter such as, but not limited
to, height, setback and parking.
(5)
If a nonconforming use of land or of a building ceases
or is discontinued for a continuous period of one year or more, such
nonconforming use shall be considered abandoned, and subsequent use
of such land or building shall be in conformity with the provisions
of this chapter.
(6)
All variances shall expire within 18 months from the
date of the variance approval unless the owner shall have secured
a zoning and construction permit and shall have commenced construction
in conformity with the variance approval, including any conditions
attached to the approval. For variances which become the subject of
litigation, the eighteen-month period shall commence on the date of
the last reviewing court's decision to uphold the grant of the variance.
For good cause shown, and after a hearing before the Board that granted
the variance, on notice in the manner required for original variance
applications, the applicable Board may extend the variance by resolution.
Any extension may not exceed one year in duration, and no more than
four extensions shall be permitted. To receive consideration, an application
for extension of a variance shall be made prior to the expiration
of the time limit sought to be extended. The time periods heretofore
indicated in this section shall not be applicable to a variance granted
with a site plan, subdivision and/or conditional use approval. Any
variance granted with a site plan, subdivision and/or conditional
use approval shall expire on the expiration date of the period of
protection for the site plan, subdivision and/or conditional use approval
under the Municipal Land Use Law.
[Added 4-23-2001 by Ord. No. 1958-2001]
B.
Nonconforming lots.
(1)
Whenever title to two or more contiguous lots is held
by the same owner, regardless of whether or not each of said lots
may have been approved as portions of a subdivision or acquired by
separate conveyance or by other operation of law, and one or more
of said individual lots should, by reason of exceptional shallowness,
topographical conditions, substandard area or yard space or similar
measurements, not conform with the minimum lot area and dimension
requirements for the zone in which it is located, the contiguous lots
of said owner shall be considered as a single lot. Where the land
area of such contiguous lots, when combined, meets or exceeds the
minimum required lot areas and dimensions, combination of contiguous
lots to comply with the minimum lot size, area and dimensions shall
be permitted, provided that no nonconforming lot or lots remain.
(2)
Any existing lot on which a building or structure
is located and which lot does not meet the minimum lot size may have
additions to the principal building and/or construction of an accessory
building without an appeal for variance relief, provided that:
(a)
The existing use(s) on the lot are conforming
to the permitted use(s) stipulated in this chapter for the lot in
question.
(b)
The total permitted building coverage is not
exceeded.
(c)
The accessory building and/or addition does
not violate any other requirements of this chapter such as, but not
limited to, height, setback and parking.
No lot on which a building is located, whether
erected before or after the effective date of this chapter, shall
be reduced in area nor the boundaries thereof changed so that the
premises thereafter would not comply with the area restrictions and
regulations established by this chapter.
[Amended 6-22-1981 by Ord. No. 1080; 8-8-2022 by Ord. No. 16-2022]
Every accessory building or structure shall
be located on the lot to the rear of the front line or extended front
line of the main or principal building. On corner lots, no accessory
building or structure may be located within the front yard setback
for either front yard. No accessory building shall be located in or
encroach upon any required rear or side yard setback. However, a detached
accessory building that will be small enough to be completely located
within the rear yard setback, may be located in the rear or side yard
setback on the lot, provided there is a minimum setback of three feet
from any property line.
[Amended 8-8-2022 by Ord. No. 16-2022]
No garage accessory to a dwelling, other than
a multiple dwelling, shall have capacity for storing more than three
motor vehicles, one of which may be a commercial vehicle owned and
used by the owner or the occupant of the main building, who may also
permit not more than two private passenger vehicles owned by other
persons to be stored in such accessory garage. On properties in the
Township which are 1.5 acres or larger, a garage with the capacity
of four vehicles is permitted. Garages accessory to multiple dwellings
and other main buildings may have such capacity for the storage of
motor vehicles as may be authorized by the Board of Adjustment or
Planning Board with due regard to the nature of the main building,
the reasonable need for accessory garage facilities and the space
available for the location of an accessory garage on the lot in conformity
with the requirements of this chapter. A garage accessory to a dwelling
may not provide living quarters and may not be used for residential
purposes.
[Amended 3-12-1984 by Ord. No. 1203; 5-14-1990 by Ord. No.
1522-90]
A.
Legislative intent. It is the intent of the Township
Council to discourage the use of panhandle lots, except under such
limited circumstances as set forth herein. The land use policy of
the Township is to require traditional methods of subdivision by requiring,
where necessary, streets, utility extensions and proper stormwater
management. Because the provision of emergency services to panhandle
lots has been difficult and raises serious safety problems, panhandle
lots are only permitted in the R-1 Zone and shall only be approved
where the Planning Board determines site characteristics indicate
panhandle lots as the preferred subdivision alternative.
B.
No building shall be erected on any lot (except a
lot fronting on a cul-de-sac) that is not contiguous for the following
distances to a public street:
C.
Each lot shall not be less than the above-required
width at any point between the building line and the public street.
D.
Lots fronting on a cul-de-sac shall be contiguous
to a public street for at least 35 feet, and lot lines intersecting
the street line shall be radial or nearly radial.
No hedge, tree, evergreen shrub, bush, fence
or other planting or structure shall be located on any corner lot
in such manner as to cause a danger to traffic on a public street,
road or avenue by obstructing the vision of persons operating vehicles
on said public ways; and all hedges, trees, evergreen shrubs, bushes,
fences or other plantings or structures which, on the effective date
of this chapter, are so located on corner lots as to cause said danger
to traffic shall be cut, trimmed, removed or altered within five days
next after notice from the Zoning Officer in such manner and to such
extent that said danger to traffic shall be eliminated.
In order to minimize traffic congestion and
hazard, control street access in the interest of public safety and
encourage the appropriate development of street and road frontages,
the location and number of all access points onto a Township street
or road shall comply with the following:
A.
Lots with a street frontage of 100 feet or less shall
be limited to one access point on any one street frontage. Lots with
more than 100 feet in frontage shall have not more than two access
points on any one street frontage, except that lots with a frontage
of 300 feet or more in frontage may have two access points for each
300 feet of frontage beyond the initial 100 feet.
B.
Wherever possible and practicable, such driveways
or access points shall be located not less than 75 feet from the intersection
of the side line of the street on which the access point is located
with the side line of any public street.
A.
No public garage or motor vehicle service station
or private garage accommodating more than five cars shall have a vehicular
entrance closer than 500 feet to an entrance to a school, church,
community house, theater, hospital, public park, playground or fire
station, and said measurement shall be taken as the shortest distance
between such entrances, across the street if the entrances are on
opposite sides of the street and along the street frontage if both
entrances are on the same side of the street or within the same block.
B.
No public garage or motor vehicle service station
shall be erected or located within 1,500 feet of any other public
garage or motor vehicle service station, and such distance shall be
measured by straight or air line between the nearest points in the
boundary lines of the respective premises.
C.
All motor vehicle service stations shall be so arranged
and all gasoline pumps shall be so placed as to require all servicing
on the premises and outside the public way, and no gasoline pump shall
be placed closer to any property line than 25 feet.
[Added 7-26-1982 by Ord. No. 1125]
The uses of lands and buildings permitted by
this chapter shall not be construed to include any of the following:
A.
A trailer camp.
B.
Trailers as dwellings.
C.
The use of a transportable or mobile structure as
an accessory building, except as a farm building.
D.
A tourist camp.
E.
A tourist cabin.
F.
An automobile court.
G.
An outdoor moving-picture theater.
H.
A used-car lot.
I.
A private sanitary landfill.
J.
The private dumping and/or permanent storage of trash,
garbage or other refuse.
K.
Any trade, occupation, industry or business whatsoever
which is noxious or offensive by reason of causing noise, odor, dust,
smoke, gas or vibration.
L.
A junkyard.
M.
An automobile wrecking yard.
N.
The outdoor parking or storage of tractor-trailers,
trailer bodies or mobile homes as a main use. For the purposes of
this chapter, wherever the ground area used or to be used for the
parking or storage of tractor-trailers, trailer bodies or mobile homes
owned or leased by the owner or tenant of a permanent building or
buildings on the same lot exceeds the ground area occupied by said
permanent building or buildings on the lot, such parking or storage
shall be considered the main use.
O.
A helistop, helipad, heliport or similar facility,
operation or activity.
P.
Commercial recreational activities; permitted uses.
[Amended 11-27-1989 by Ord. No. 1502-89; 8-10-1992 by Ord. No. 1626-92; 12-13-2010 by Ord. No. 25-2010]
(1)
Commercial recreational activities, including electronic and/or coin-operated recreational devices other than an arcade or indoor amusement park, permitted under § 180-61L, outdoor miniature golf, billiards, pool and other similar activities as a principal or accessory use.[1]
[1]
Editor's Note: Former Subsection P(2), allowing
indoor miniature golf and children's recreational activity centers
within a planned shopping center or shopping mall, as amended, was
repealed 11-13-2000 by Ord. No. 1939-00.
[Amended 8-28-1978 by Ord. No. 942; 2-10-1992 by Ord. No.
1602-92; 3-27-1995 by Ord. No. 1742-95]
The following requirements shall apply to any
hospital; sanatorium; convalescent, assisted-care or nursing home;
institution or home for children; continuing-care facility for the
senior citizen; home for the aged, indigent or the handicapped; or
similar institution:
A.
Site plan. A site plan shall be filed by the applicant which shall comply with the requirements of Chapter 158, Subdivision of Land.
B.
Minimum acreage (lot area) shall be five acres, and
total minimum acres shall be calculated as follows:
(1)
One bed (in the case of assisted care, nursing facilities
and hospital) shall be calculated as 0.5 residential unit (institutional).
[Amended 2-24-1997 by Ord. No. 1814-97]
(2)
The density for a continuing-care facility for the
elderly shall be calculated on the basis of residential units (institutional)
and shall not exceed a density of eight residential units (institutional)
per acre.
(4)
The minimum lot size of five acres shall not contain
any lands which are restricted by deed restriction or covenant against
development and said deed-restricted lands shall not be counted as
part of the five acre minimum lot size.
[Added 2-24-1997 by Ord. No. 18-14-1997]
C.
Yard and setback minimum requirements.
(1)
The front yard setback for buildings from any road
shall be 75 feet, except as modified below.
(2)
The setback for any parking area shall be 75 feet.
(3)
The setback for buildings may be reduced or varied up to 25% of the required minimum, provided that not more than 30% of the buildings' footprints are placed in the reduced setback, the buffer (see Subsection D below) increases from 25 to 50 feet and the building facades are residential in character.
(4)
The setback from side and rear property lines shall
be 60 feet.
(5)
Lot depth shall be 300 feet.
(6)
Lot width shall be 200 feet.
D.
Buffers.
(1)
The minimum landscaped buffer from any street or adjoining
property shall be 25 feet.
(2)
A landscaped buffer shall consist of evergreen trees,
planted at least 12 feet on center, at a minimum height of six to
eight feet when planted; evergreen shrubs, at a minimum size of 2.5
to three feet when planted; deciduous shrubs, at a minimum size of
two to three feet when planted. The buffer can be enhanced berms,
fences or walls to provide an effective screen with neighboring residential
uses.
E.
Lighting.
G.
Building height shall not exceed 35 feet.
H.
Accessory uses or buildings. Any building or use which
is accessory to any permitted use, such as a power plant, heating
plant, air-conditioning unit, laundry or kitchen, shall be constructed
in such a manner and located in such a way so as to prevent smoke,
noise, odors or other objectionable elements from becoming a hazard,
nuisance or annoyance to adjoining uses and properties.
I.
Coverage. Maximum coverage (including buildings, paved
surfaces and all other impervious surfaces) shall not exceed 35%.
J.
Sanitary sewer. Any such facility shall be located
within an existing sanitary sewer service area, as shown in the Township's
approved Wastewater Management Plan. Any such facility shall connect
to the Township sanitary sewer system.
[Added 1-29-1997 by Ord. No. 1806-97]
[Amended 6-8-1981 by Ord. No. 1087; 2-27-1989 by Ord. No.
1462; 11-13-2000 by Ord. No. 1935-00]
In every case where reverse-frontage lots are provided, the following requirements shall apply, except as modified along major thoroughfares as referenced in §§ 180-9C, 180-9E, 180-12C and 180-12E of this chapter:
A.
No dwelling unit shall be constructed on a reverse-frontage
lot within 75 feet of the rear of such lot; provided, however, that
in the case of a corner lot, such distance may be reduced to 50 feet.
B.
No accessory buildings or accessory structures, including
fences, shall be constructed on a reverse-frontage lot within 25 feet
of the rear property line.
C.
A planting area at least 20 feet in depth at the rear
of each reverse-frontage lot shall be provided in accordance with
§ 158-17B(3)(b) and (c) of the Land Subdivision and Development
Ordinance.[1] Landscaping shall be planted on an earth berm at least
five feet high and having a slope of no greater than 40%. The height
of the berm can be reduced as follows:
(1)
At least a four-foot-high berm is required if the
setback of the dwelling unit is increased to 100 feet and the setback
of accessory buildings and accessory structures is increased to 35
feet.
(2)
At least a three-foot-high berm is required if the
setback of the dwelling unit is increased to 125 feet and the setback
of accessory buildings and accessory structures is increased to 45
feet.
D.
The rear of a reverse frontage lot shall be that portion
of the lot which abuts the primary road.
In connection with, as part of or incidental
to any use of land:
A.
No outdoor floodlight or spotlight and no light beam
or emission from any light, whether indoor or outdoor, shall be directed
toward any point off the premises.
B.
The following types of outdoor lighting are prohibited:
any searchlight, flashing light, blinking light, moving light, rotating
light, oscillating light, shuttered light or similar device, strobe
light, fluttering light or any other light of which the intensity
and color is not maintained constant, as perceived by the human eye,
when in use.
[Amended 1-29-1997 by Ord. No. 1805-97]
A.
Setbacks from streams and ponds. All buildings or structures in a floodplain shall be subject to the setback from stream requirements and all other requirements of Chapter 83, Flood Damage Prevention, as amended and supplemented. In addition, no building, paved area or leaching field from an individual sewage disposal system shall be located within 50 feet of the top of the bank of any stream or pond shown on the most recent United States Geological Survey topographic maps of Moorestown or from any other stream having a continual flow.
B.
Buffer strip from streams. There shall be a buffer strip from streams consisting of the area in the stream corridor. This buffer strip shall be in addition to, and shall not limit nor be limited by, the setback from streams and ponds provided for in § 180-94A. The landward edge of this buffer strip shall be delineated by monuments as defined by § 158-28. No septic systems shall be in the portion of the buffer strip which is within the one-hundred-year floodplain.
(1)
There shall be no disturbance within the buffer strip (other than that permitted by Subsection B(3) and (4) of this subsection), including but not limited to grading and the placement of buildings or structures. Further, no buildings or structures shall be enlarged, altered and/or moved within the buffer strip.
(2)
The land area within this buffer strip shall not be
subtracted from the gross buildable area of the lot.
(3)
The buffer shall provide for the preservation and
enhancement of natural vegetation or plantings approved by the Zoning
Officer. No live vegetation may be removed and no desnagging shall
occur within the buffer strip. This provision shall not apply to any
desnagging or removal of diseased, dying or dead trees, or to other
vegetation that in the opinion of the Zoning Officer presents safety
or health hazards.
(4)
Where a lot owner removes live vegetation from the
buffer strip, in violation of this section or otherwise, the Zoning
Officer shall require native vegetation of reasonable diameter in
size to be planted so as to create a buffer strip area which is in
compliance with this section. A vegetative recommendation can be made
by the Environmental Advisory Committee or Soil Conservation Service,
if requested by the Zoning Officer. This provision shall be in addition
to any and all penalties provided by law.
(5)
The applicant or landowner shall have the option of
creating a conservation easement in a form acceptable to the Township
to be dedicated to the Township for the purpose of preserving the
buffer strip. The Township shall have the right to either accept or
reject any such conservation easement.
[1]
Editor's Note: This ordinance also provided
for the relettering of former Subsection B as Subsection C.
C.
Setbacks from railroads.
(1)
All dwellings constructed after January 1, 1997, shall
be located so that the front of each dwelling is not less than 75
feet and the side and rear of each dwelling is not less than 100 feet
from the closest rail of all active railroad mainline and siding track.
(2)
All dwellings constructed prior to January 1, 1997,
shall maintain at least a seventy-five-foot setback from the closest
rail of all active railroad mainline and siding track.
In order to prevent stream bank erosion and
stream sedimentation, no soil removal or excavation of land which
drains into and which is within 200 feet of the top of the bank of
any stream or pond as shown on the most recent United States Geological
Survey topographical maps of Moorestown or from any other stream having
a continual flow shall take place unless there is first obtained from
the Zoning Officer a soil removal or excavation permit. No such permit
shall be issued unless there is submitted by the applicant for a permit
an erosion and sediment control plan, which plan shall be approved
by the Director of Public Works or his designated representative.
In the event of disapproval, the applicant shall have the right of
appeal to the Board of Adjustment. Any appeal to the Board of Adjustment
shall be referred to the Planning Board for review and recommendation
before being passed on by the Board of Adjustment.
A.
Applications for conditional uses approval, or expansion
of a conditional use, shall be submitted to the Zoning Officer accompanied
by plans and specifications, including a site plan containing the
information required by the Land Subdivision and Development Ordinance,
unless a waiver of site plan is requested.[1] The Zoning Officer shall transmit such application and
plans to the Planning Board, together with his report on compliance
with the applicable area requirements and special requirements. No
zoning permit for such uses shall be issued by the Zoning Officer,
except when approved by the Planning Board, or following the Zoning
Board's grant of a conditional use variance.
[Amended 5-10-2021 by Ord. No. 15-2021]
B.
The Planning Board, after a public hearing, shall
grant or deny an application for a conditional use within 95 days
of a complete application by an applicant to the Zoning Officer or
within such further time as may be consented to by the applicant.
C.
Notice of a public hearing shall be given as required
by N.J.S.A. 40:55D-12.
D.
In evaluating an application for a conditional use, the Planning Board shall employ the standards set forth in § 180-107 of this chapter and may attach such conditions to its approval of a conditional use as it may deem necessary to satisfy said standards.
E.
In addition to the conditional uses specified in other
sections of this chapter, the following uses shall be permitted as
conditional uses following approval by the Planning Board:
(1)
Outdoor carnival, bazaar, circus or similar project
or activity when conducted or sponsored by a local charitable, philanthropic
or public purpose and not for pecuniary profit.
(3)
Breweries,
distilleries and winery salesrooms subject to the following criteria:
[Added 5-10-2021 by Ord. No. 15-2021]
(a)
A limited licensed brewery, craft distillery or winery facility,
provided it is licensed by New Jersey as per N.J.S.A. 33:1-10(1b),
(3d) or (2a) respectively.
(b)
A plenary brewery licensed facility, when licensed by New Jersey
as per N.J.S.A. 33:1-10(1a), is permitted in the BP-1 zoning district.
The holder of this license shall be entitled to brew any malt alcoholic
beverages and to sell and distribute the products to wholesalers and
retailers licensed in the State of New Jersey.
(c)
A limited brewery licensed facility (hereafter "brewery"), when
licensed by New Jersey as per N.J.S.A. 33:1-10(1b), is permitted to
brew and sell malt alcoholic beverages for consumption on premises
and for consumption off premises in a quantity of not more than 15.5
fluid gallons per person.
(d)
A craft distillery licensed facility (hereafter "distillery"),
when licensed by New Jersey as per N.J.S.A. 33:1-10(3d), is permitted
to manufacture and sell distilled alcoholic beverages for consumption
on premises and for consumption off premises of not more than five
liters per person.
(e)
A plenary winery licensed facility (hereafter "winery"), when
licensed by New Jersey as per N.J.S.A. 33:1-10(2a), is permitted to
sell wine at retail in original packages in a winery salesroom apart
from the winery premises for consumption on or off premises.
(f)
A brewery, distillery or winery may operate for business to
serve customers seven days per week. On Sundays, a brewery, distillery
or winery salesroom may not conduct business by serving customers
before 12:00 noon. Sunday through Saturday, a brewery, distillery
or winery salesroom shall stop serving customers no later than 10:00
p.m. The customers in the above facilities may remain for one hour
after service cutoff time to finish beverages served prior to the
cutoff time. A brewery, distillery or winery is permitted to manufacture
their product at any time during any day.
(g)
A brewery, distillery or winery shall not sell food or operate
a restaurant on the licensed premises, including in any outdoor facility
of the brewery, distillery or winery. However, pretzels, potato chips,
nuts, or similar prepared snack foods are not prohibited from being
provided without charge.
(h)
Live entertainment is permitted inside a brewery, distillery
or winery salesroom on Friday and Saturday only. Live entertainment
must cease no later than 10:00 pm. Televisions, radios, and recorded
music is permitted in compliance with any applicable noise provisions
of the Township Code. No music shall be permitted outside the building.
(i)
A brewery, distillery, or winery salesroom may provide an outdoor
seating area which shall be controlled by and adjacent to a brewery,
distillery, or winery salesroom provided that the Alcohol Beverage
Control (ABC) has approved such outdoor seating within the licensed
premises area. Customers using the outdoor seating facility must be
seated in a seat at a table in an approved location.
(j)
Brewing, distilling or winemaking may occur in the basement
area of the facility provided that the basement area conditions are
safe and sanitary. Since the statute provides for tours of a brewery
or distillery, production areas must be safe for those who would be
touring the brewery or distillery. Adequate egress/ingress and handicap
accessibility must be provided.
(k)
Plans shall be submitted that include a scale diagram of the
entire interior of the brewery, distillery or winery showing the location
of all receiving, storage, brewing or distilling area, servicing,
seating and waiting areas, waste removal and garbage storage areas,
and the intended location of tables, counters, bars and their respective
seats or chairs.
(l)
Storage of waste materials and garbage shall be in enclosed
containers which shall be stored inside the main building or in a
separately enclosed structure that will completely confine odors and
obstruct view of the waste/garbage.
(m)
Sale of product, tasting, storage, brewing, distilling or winemaking,
and office support may occur in the basement, or on a first or second
floor.
(n)
A system to vent brewing, distilling, and other exhausts and/or
odors shall be provided. This shall include the requirement of filters
or other technology with adequate means of eliminating oils, grease
and odors from the exhaust. Such vents shall be interior and exit
through the roof.
(o)
A brewery, distillery or winery shall be considered the principal
use of the premises and not an accessory use.
(p)
A brewery, distillery or winery is required to provide motor
vehicle parking in accordance with any applicable provisions of the
Township Code.
(4)
A Cannabis Business, as defined in Chapter 52 of the Code of the Township, subject to the following criteria:
[Added 8-9-2021 by Ord. No. 26-2021]
(a)
The Cannabis Business must hold a license issued pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (N.J.S.A. 24-6I-31 et seq.), and pursuant to Chapter 52 of the Code of the Township of Moorestown.
(b)
In the SRC-1 Zoning District, the building in which a Cannabis
Business is located shall be set back a minimum of 200 feet from the
boundary of any residentially used lot.
(c)
The building in which a Cannabis Business is located shall be
set back a minimum of 1,000 feet from any building operated as a public
or private school educating children grades one (1) through twelve
(12), and shall be set back 500 feet from the boundary of any lot
on which 10 a public park is located, unless there is a state highway
between the public park and the cannabis business.
(d)
A Cannabis Cultivator or Manufacturer may only be located in
an existing structure, not in new construction.
(e)
The hours of operation shall be limited to between 8:00 a.m.
and 10:00 p.m. Monday to Saturday, and between 12:00 noon and 6:00
p.m. on Sunday.
(f)
The Cannabis Business must be conducted entirely inside an enclosed
structure; no outdoor Cannabis growing or outdoor storage of Cannabis
Products shall be permitted.
(g)
A security plan satisfactory to the Chief of Police shall be
provided.
(h)
The only signage permitted shall be one non-internally, non-neon
lit, sign measuring a maximum of twenty (20) square feet, which does
not use slang terms (such as, but not limited to “pot,”
“weed,” “marijuana,” “420” or
the like), and which does not use any imagery to identify the product
sold at the premises.
(i)
A plan shall be submitted that include a scale diagram of the
entire interior and exterior of the premises showing the location
of all operations, any seating and waiting areas, waste removal and
garbage storage areas.
(j)
No onsite consumption of Cannabis Products shall be permitted,
and adequate signage shall be provided to ensure patrons are aware
no onsite consumption is permitted.
(k)
No retail sales to visibly intoxicated individuals shall be
permitted, and adequate signage shall be provided to ensure patrons
are aware of same.
(l)
All storage of waste materials and garbage shall be in enclosed
containers that shall be stored inside the main building or in a separately
enclosed and secured structure that will completely confine odors,
and obstruct view of the waste/garbage.
(m)
An odor mitigation plan shall be provided. This shall include
the requirement to utilize filters or other technology with adequate
means of eliminating odors from the exhaust. Such vents shall be interior
and exit through the roof.
(n)
The Cannabis Business use is to be considered the principal
use of the premises and not an accessory use.
(o)
Motor vehicle parking shall be provided in accordance with the
ordinance requirements for the type of use proposed.
[Amended 6-24-1991 by Ord. No. 1577-91]
Neither the Planning Board nor the Board of
Adjustment shall hold public hearing on any application until proof
has been submitted that there are no municipal taxes or assessments
for local improvements due or delinquent on the subject property.
[Added 3-10-1980 by Ord. No. 1024; amended 1-27-1996 by Ord. No.
1767-96]
Municipal uses shall be exempt from all height
restrictions.
[Added 11-23-1987 by Ord. No. 1388]
A.
Antenna support structures of amateur radio operators licensed by the Federal Communications Commission may, as of right, have a height not exceeding 65 feet above grade, subject to the provisions of this section. The height shall be measured vertically and shall include the height of any building upon which the antenna support structure is mounted. Every antenna and antenna support structure shall be located in conformity with § 180-84, as the same may be amended and supplemented, and, in any case, to the rear of the front line, or extended front line, of the main building on the same lot.
B.
Antennas may be located above the antenna support
structure as reasonably necessary for effective radio communications.
C.
Where the height of an antenna support structure is
to exceed the height otherwise permitted in a district, the Planning
Board shall review the site plan, including details of proposed structures
and such other information as may be submitted by the applicant to
the Building Inspector, and may impose reasonable conditions on the
proposed construction necessary to protect public health and safety
and to serve the purposes of the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq., as amended and supplemented) and other applicable
law, including, to the extent permitted by law, the protection and
promotion of aesthetic interests. The Planning Board shall afford
the public an opportunity to be heard as part of the review process
upon such notice to be given as the Planning Board deems appropriate.
D.
Upon the Federal Communications Commission licensed
operator's cessation of ownership or leasehold rights in the subject
antenna support structures or upon the loss of his or her federal
amateur radio operator's license, whichever shall occur earlier, the
operator shall forthwith (but in no case later than 30 days alter
written notice to the operator and to the owner of record of the subject
lot, if known, or, if not known, then to the assessed owner, sent
by certified mail, return receipt requested) safely remove all antenna
support structures at no expense to the Township.
E.
In the event that said operator shall fail during said thirty-day period to remove the antenna support structures pursuant to Subsection D above, it shall be the duty, responsibility and obligation of the owner of the subject lot upon which any or all of such antenna support structures are located to remove such structures forthwith at no expense to the Township.
[Added 6-13-1988 by Ord. No. 1397]
A.
No motor vehicle (other than a motor vehicle used
only for recreational purposes) in excess of one ton manufacturer's
rated capacity shall be permitted to be parked outdoors (including
on any street) or garaged in any residence district, except for service
and delivery purposes. Residence districts shall include the following
zoning districts: R-1, R-1-A, R-1-A-OS, R-2, R-3, SC, RTC-1, RTC-2,
CRO, CIO and CHS and other residence districts this chapter may provide
for in the future.
B.
Garages used for the parking of motor vehicles in
excess of a one-ton manufacturer's rated capacity, located within
the designated zoning districts and existing on June 1, 1988, shall
be exempt from this section.
C.
There shall be no limit on the number of motor vehicles
used upon a farm or on the number of pieces or units of construction
equipment used on-site for construction purposes.
[Added 5-14-1990 by Ord. No. 1521-90; amended 6-13-2011 by Ord. No.
18-2011]
A.
Fences higher than six feet in height in residential zones are prohibited, except in those limited instances that meet all of the requirements of Subsection D.
B.
FENCE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
C.
All permitted fences shall be situated on a lot in such a manner that the finished side of such fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms, and except further that fences permitted for commercial, industrial or public utility uses may be topped by a barbed-wire protective barrier if such fence is a minimum of six feet in height. No fence shall be permitted to alter or impede the natural flow of water in any stream, creek, drainage swale or ditch. In addition, all fences on corner or reverse-frontage lots shall meet the requirements in §§ 180-87 and 180-92.
D.
On any
lot in any residential district, other than a lot used for institutional
or public utility purposes, no wall or fence shall be erected or altered
so that such wall or fence is over three feet in height in front yard
areas (for the purpose of this subsection, the front yard area is
defined as the area between the house and the street) and six feet
in height in rear and side yard areas, except that tennis courts may
be surrounded by a nonopaque fence, a maximum of twelve feet in height.
Said fence may not be located within the required building setback
requirements.
[Amended 8-8-2022 by Ord. No. 16-2022]
E.
A private
residential swimming pool area shall be surrounded by a fence at least
four feet in height but no more than six feet in height and shall
not be located within the required front yard setback area.
[Added 9-12-1994 by Ord. No. 1712-94; amended 3-13-1995 by Ord. No. 1737-95]
Any person, corporation or other legal entity
wishing to park or maintain either a temporary sales and/or construction
office or a temporary construction storage trailer within the Township
of Moorestown must meet the following standards for each:
A.
Construction storage trailers shall only be permitted
on sites where construction is taking place for which an active building
permit has been issued or where active subdivision construction is
occurring. For purposes of this section, active subdivision construction
does not include installation of landscaping, sidewalks or the final
street paving course.
(1)
No more than one storage trailer shall be permitted
per residential lot under construction up to a maximum of three storage
trailers per residential subdivision or other nonresidential construction
project.
(2)
A zoning permit shall be required for each storage
trailer. Any permits issued shall be valid for a period of six months
but may be renewed for one additional three-month period. Time periods
of greater than nine months shall only be granted through site plan
approval issued by the Planning Board. All storage trailers shall
be removed prior to the time of issuance of a certificate of occupancy
for the specified construction or release of a subdivision performance
bond.
(3)
Storage trailers shall meet all building setbacks
established for the zoning district in which they are to be located.
(4)
No movement of equipment or supplies to or from
the storage trailer shall take place before 7:00 a.m. or after 7:00
p.m., Monday through Saturday. During daylight saving time, the permitted
hours shall be extended to 8:00 p.m.
B.
Temporary construction office trailers shall receive
minor site plan approval by the Planning Board prior to being placed
on site. The Planning Board shall require the following:
(1)
A site plan showing the proposed location of
the construction office trailer which meets all required setbacks
for the zone in which it is to be located shall be provided.
(2)
Only one construction office trailer shall be
permitted for each subdivision or multifamily project.
(3)
Construction office trailers shall not be allowed
for single-family, detached residential lots for individual house
construction.
(4)
Construction office trailers may be approved
for an initial period of 18 months. Any time extensions shall be approved
by the Planning Board after a review of alternate locations that will
minimize impacts on occupied homes.
(5)
Permitted sites; removal and reinstatement.
(a)
Construction office trailers shall only be permitted
on sites where construction is taking place for which an active building
permit has been issued or where active subdivision construction is
occurring. For purposes of this section, active subdivision construction
does not include installation of landscaping, sidewalks or the final
street-paving course.
(b)
If at any time construction ceases for 60 continuous
days, the construction office trailer shall be removed from the site.
The Planning Board may allow reinstatement of the construction office
trailer after minor site plan approval.
(6)
Use of construction office trailers shall be
limited to the hours of 7:00 a.m. to 7:00 p.m., inclusive, except
that during daylight savings time, the permitted hours shall be extended
to 8:00 p.m.
(7)
Temporary construction office trailers for nonresidential development
shall not be required to receive minor site plan approval by the Planning
Board, provided that the proposed location of the trailer meets all
required setbacks for the zone in which it is to be located, conforms
to the requirements of § 180-99.3.B(2) through (6), and
receives approval by the Township Engineer prior to being located
on the site. The applicant shall be required to submit a location
plan, all information requested by the Township Engineer, and sufficient
escrow to cover the cost of the Township Engineer’s review.
[Added 10-24-2011 by Ord.
No. 32-2011]
C.
Temporary sales office trailers shall receive minor
site plan approval by the Planning Board prior to being placed on
site. The Planning Board shall require the following:
(1)
A site plan showing the proposed location of
the sales office trailer which meets all required setbacks for the
zone in which it is to be located.
(2)
A circulation plan showing the locations of
parking areas and access points. Such areas shall be surfaced with
six inches of crushed stone or four inches of asphalt.
(3)
A landscape plan showing a foundation planting
plan. Plant material shall contain a mixture of evergreen and deciduous
plants.
(4)
Only one sales office trailer shall be allowed
for each subdivision or multifamily project.
(5)
Use of sales office trailers shall be limited
to the hours of 7:00 a.m. to 7:00 p.m., inclusive, except that during
daylight savings time, the permitted hours shall be extended to 8:00
p.m.
(6)
Sales office trailers may be approved for an
initial period of 18 months or until the certificate of occupancy
for the unit representing 50% of the total number of units in the
project is issued. The Planning Board may grant time extensions.
D.
Temporary combination construction/sales office trailers
shall receive minor site plan approval by the Planning Board prior
to being placed on site. The Planning Board shall require the following:
(1)
All items required by § 180-99.3C(1) through (5).
(2)
All items required by § 180-99.3B(4) and (5)(a).
[Added 9-22-1997 by Ord. No. 1837-97]
A.
Legislative intent. It is the intent of the Township
Council to place certain restrictions and regulations on awnings located
in the CRO Commercial Retail Office, CHS Commercial Highway Service,
CIO Commercial Institutional Office, SRC Specially Restricted Commercial,
and C Commercial Districts within the Township of Moorestown.
B.
AWNING
Definition.
Any roof-like structure made of cloth, plastic, metal or
other substance with a frame attached to the wall of a building and
providing overhead protection from the weather.
C.
Permit requirements. Zoning and building permits shall
be required for construction, erection, alteration, location and/or
relocation of any awning defined within this article.
D.
Design and location.
(1)
All awning construction shall comply with current
building codes, as outlined by the Uniform Construction Code of the
State of New Jersey, and the awning fabric or coating shall not be
glossy or reflective.
(2)
All first-floor awnings shall have a minimum
clearance of seven feet from the sidewalk and project no more than
four feet from the building.
(3)
Awnings shall not extend into the street right-of-way.
(4)
Awnings shall not be internally illuminated.
(5)
Other than the street address number and the
business name which would replace a legally permitted facade sign,
awnings shall not be permitted to display letters, logos or symbols.
(6)
Awnings shall be maintained in good condition
and appearance.
[Added 6-13-2011 by Ord.
No. 13-2011]
The Zoning Officer may authorize installation of a wheelchair
ramp within a required setback in compliance with the following criteria:
A.
The
applicant has submitted a letter from a licensed physician specifying
that the wheelchair ramp is necessary to accommodate a resident of
the property.
B.
The
wheelchair ramp shall be designed so as to encroach into the required
setback the minimum distance feasible.
C.
The
wheelchair ramp shall not encroach into any recorded easement or into
the public right-of-way.
D.
The
encroachment into the required setback shall be removed when the individual
requiring the wheelchair ramp no longer resides on the property or
the wheelchair ramp is no longer required.
E.
The
wheelchair ramp shall be designed and constructed in accordance with
the applicable provisions of the Americans with Disabilities Act (ADA).
[Added 11-29-2021 by Ord. No. 37-2021]
A.
Outdoor dining permitted. All restaurants, cafeterias, dining establishments,
and food courts, with or without a liquor license, and all holders
of a liquor license with retail consumption privileges, ["establishment"]
are permitted to offer in-person service at outdoor areas, provided
that the establishment obtains an outdoor dining permit from the Township
of Moorestown for outdoor dining in accordance with the requirements
set forth herein.
B.
Permit required. The outdoor dining permit application shall include
a completed application, signed and dated by the owner of the establishment,
or such owner's authorized agent, together with a plan depicting
the existing and proposed layout and location of such outdoor tables/seating,
which shall also include a confirmation of the number of existing
approved tables/seats, a depiction of all aisles, routes of ingress
and egress, clearances/distances between tables and between the seating
area and any curbline or sidewalk line, trash receptacles, any proposed
lighting, and any proposed structures to protect the outdoor dining
area from the elements. In addition to the creation and/or expansion
of the outdoor dining area, the application and plan may include proposed
awnings, tents, pergolas and other similar devices to protect the
outdoor dining area from the elements, and any additional wiring,
heating and/or electrical changes that are proposed within this new
outdoor seating area. If the owner of the establishment is not the
owner of the property, the property owner must also sign the application.
C.
Expanded outdoor dining areas. The application and plan for outdoor
dining may propose expanded outdoor dining areas including, but not
limited to, decks, patios and sidewalks and relatively level grass
areas contiguous with the establishment, provided that any area proposed
for outdoor seating/dining must be accessible from the establishment,
shall not obstruct the free flow of pedestrian traffic, and shall
provide a safe location for the patrons. The total amount of seats
available to patrons shall not exceed the permitted occupancy of the
establishment or such other occupancy that can reasonably and safely
be accommodated with support of a parking analysis. In the event the
outdoor dining area is proposed to be located in the right of way
in front of a neighboring property, it must be an immediate neighboring
property and written consent of the neighboring property owner shall
be provided as part of the application. If the neighboring property
is not owner-occupied, the written consent of any tenant(s) shall
also be provided.
D.
Review of permit application. The application and plan for an outdoor
dining permit shall be reviewed by the Township Zoning Officer, Construction
Official, Fire Official and Police Department ("reviewer"). In the
discretion of any reviewer, additional information needed to process
the application may be required and must be submitted by the applicant.
The outdoor dining permit does not replace, or eliminate the need
for, any construction permit required for any structure or improvement
at the establishment's outdoor dining area.
E.
Standards for permits. The following standards are created for the
outdoor dining areas:
(1)
Outdoor dining areas must be designed and operated in accordance
with State of New Jersey, Department of Health and any applicable
County Health Department requirements.
(2)
Outdoor dining areas may be located on decks, patios, sidewalks
and relatively level grass areas, contiguous with the establishment.
(3)
If the contiguous area is located in a county right-of-way,
approval from the county must be obtained.
(4)
Lighting will be required if the outdoor dining area is proposed
to be utilized after dusk and there is inadequate existing lighting.
(5)
A nonenclosed tent, awning or umbrellas may be utilized within
an outdoor dining area provided they do not restrict pedestrian access.
Fire Department approval must be obtained if applicable.
(6)
Serving stations and a host podium may be located within an
outdoor dining area. There shall be no outdoor cooking allowed.
(7)
No change in grading will be permitted in order to create an
outdoor dining area.
(8)
Establishments with existing outdoor dining areas may seek to
expand the existing area in accordance with the regulations set forth
herein.
(9)
The operator of an outdoor dining area shall be responsible
to provide, maintain and empty an adequate amount of outdoor trash
receptacles for the outdoor dining area, and shall not be permitted
to dispose of trash into municipal trash receptacles.
(10)
The operator of an outdoor dining area shall be responsible
for maintaining a sanitary, safe, litter-free and well-kept appearance
of the property at all times.
(11)
Adequate provision for pedestrian safety must be provided. To
allow for pedestrian circulation, a minimum of five feet of sidewalk
along the curb and to the entrance of the establishment shall be maintained
free of tables and other encumbrances.
(12)
Planters, posts with ropes, wrought iron railings, or other
removable enclosures are encouraged and shall be used as a way of
defining the area occupied by the outdoor dining area.
(13)
To the extent possible, all elements of the outdoor dining area
shall be compatible with the architectural character of the building
where the establishment is located.
(14)
Outdoor dining areas may have outdoor heaters, provided same
are in locations identified on the plan and subject to inspection
by the Township Zoning Officer and/or the Fire Department.
(15)
Establishments with outdoor dining areas shall not be entitled
to additional signage, over and beyond what is permitted for the restaurant
use.
(16)
Establishments with on-premises retail consumption privileges
are responsible for compliance with the New Jersey Alcoholic Beverage
Control Commission.
(17)
An outdoor dining permit may be amended or revoked if the Township
Manager or his or her designee identifies a safety issue that may
involve but not be limited to traffic, fire, pedestrian safety and
trash management, or if the establishment fails to comply with applicable
sanitary and cleaning standards, or other requirements issued by the
State or County Department of Health or the Township, including but
not limited to the requirements of this chapter.
F.
General permit conditions. Outdoor dining permits shall be subject
to the following general conditions:
(1)
The Township reserves the right to amend or revoke any outdoor
dining permit at any time, in the Township's sole discretion,
if conditions of the permit are not adhered to.
(2)
For any outdoor seating/dining activities on public property
or in a public right-of-way, the establishment shall provide a certificate
of insurance, with acceptable limits of coverage, naming the Township
as an additional insured, and shall indemnify and hold harmless the
Township, its employees, agents and/or officers from all claims, losses,
liens, expenses, suits, including costs and attorney's fees,
arising out of the placement, operation and maintenance of the outdoor
dining area approved by said outdoor dining permit.
(3)
All expenses and expenditure of any funds in reliance on the
provisions of the outdoor dining permit shall be at the establishment's
sole and exclusive cost and expense.
(4)
Any changes to a permit granted hereunder shall require the
submission of a new permit application.
G.
Existing approvals; hours of operation. Nothing herein shall prevent
the continued use of an outdoor dining area at any establishment already
authorized and approved by the Township pursuant to any prior site
plan or other land use approval. Outdoor dining areas authorized by
an outdoor dining permit shall be conducted during the same hours
of operation currently applicable to the establishment. Outdoor dining
areas approved under Ordinances 16-2020 and/or 18-2020 expire on November
30, 2022, in accord with state law, and any restaurant operating under
those ordinances must re-apply to continue any outdoor dining areas
beyond that date.
H.
Approvals. Administrative approval of outdoor dining may be permitted
as determined by the Township Manager or his/her designee prior to
the issuance of an outdoor dining permit. The issuance of an outdoor
dining permit for outdoor dining, including, but not limited to, location,
scope, setbacks and size of the outdoor dining area, is solely in
the discretion of the Township. In order for an application to be
considered for administrative approval, the following must be met:
(1)
There must be an approved site plan on file with the Township
for the site.
(4)
No new impervious cover is proposed.
(5)
The cost for the administrative review by the Department of Community Development shall be the responsibility of the applicant as set forth in § 158-14B(6), Informal conceptual review. Escrow shall be posted in the amount of $250 for less than three tables, $500 for less than six tables, $1,500 for six or more tables.
