A.
For the purpose of this chapter, the Township is hereby
divided into 11 zoning districts which shall be designated as follows:
[Amended 5-22-2002 by Ord. No. 02-10]
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R-1
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Residential Districts
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R-2
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Residential Districts
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R-3
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Residential Districts
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R-4
|
Residential Districts
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R-5
|
Residential Districts
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C-1
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Commercial Districts
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C-2
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Commercial Districts
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LI
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Limited Industrial Districts
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HI
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Heavy Industrial Districts
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WO
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Waterfront Overlay District
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CO
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Crossroads Overlay District
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B.
The locations and boundaries of such districts shall
be shown upon the Zoning Map attached to and hereby made a part of
this chapter,[1] which shall be designated the "Zoning Map"; said map and
all the notations, references and other data shown thereon shall be
as much a part of this chapter as if fully described herein.
[1]
Editor's Note: The Zoning Map is on file in
the Township offices.
C.
District boundaries. The boundaries between districts
are, unless otherwise indicated, either the center lines of streets,
lanes, watercourses, rights-of-way of power lines, railroads and other
public utilities, or such lines extended or parallel thereto; where
the boundaries of a single district are indicated as including directly
opposite sides of a street, lane, watercourse, right-of-way of power
lines, railroad or other public utility, for any portion of its length,
the district so indicated shall be construed to apply to the entire
bed of such street, lane or watercourse or right-of-way of such utility
line lying within such portion of its length; where uncertainty exists
as to the location of any of said boundaries as shown on the Zoning
Map, the following shall apply:
(1)
Where a district boundary is indicated as approximately
following the center line of a street, watercourse or right-of-way
of a utility line, such center line shall be construed to be such
boundary.
(2)
Where a district boundary is indicated as approximately
following a lot line or other property line, such lot line or other
property line shall be construed to be such boundary.
(3)
Where a district boundary divides a lot or runs through
undivided property, the location of such boundary shall, unless specified
by figures or dimensions on the Zoning Map, be determined by the use
of the scale appearing on said map.
D.
Boundary tolerances. Where a lot is divided by a district
boundary line, the uses permitted in the less restrictive district
may extend into that portion of said lot in the more restrictive district
to the nearest lot line, but in no case for a greater distance than
25 feet, as long as full use is made of the less restrictive area
of the lot, and provided that the yard, coverage and other regulations
of the less restrictive district shall not be so extended, and further
provided that in no case shall such extension be permitted in or into
a flood risk area.
E.
Federal- and state-owned property. Wherever federal-
or state-owned property is included in one or more of the zoning districts,
such property shall be subject to the zoning regulations herein only
to the extent permitted by the Constitution of the United States of
America and the laws of the State of New Jersey; provided, however,
that both shall be subject to the flood hazard regulations contained
herein.
[Added 1-14-1981 by Ord. No. 80-38]
While some of the following words and definitions may apply to other articles of Chapter 141, their primary meaning and usage shall apply to Article VII.
The cultivation of the soil and the raising of plants and
other products of the soil, including orchards and plant nurseries,
but not including the breeding and raising of livestock and poultry
or commercial piggeries as a primary use.
The Board established pursuant to Section 56 of the Municipal
Land Use Law, N.J.S.A. 40:55D-69 et seq., as amended.
An area of land along one or more property lines, extending
in depth or width as specified in the zoning district as required
in that district, not necessarily corresponding to the depth or width
of a required yard, and comprised of grass, ground covers, shrubs
or trees, or including all of these, which area may or may not include
a screening fence or wall, having as its purpose to provide a device
to minimize or diminish the visual impact or sound emanating from
an incompatible building, use or activity upon an adjacent or nearby
property to such a degree as to be objectionable; it is not the intent
of this chapter that a buffer area is 100% impervious to sound or
visual penetration, but rather is of sufficient density to divert
attention from and to blend with surroundings.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy or use and having
a roof.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
The relation of the total ground floor area of all buildings
on the lot to the total area of the lot on which they are located.
A building's vertical measurement from the mean level of
the ground surrounding and against the building to the highest point
of the building structure, excluding chimneys, spires, towers, elevator
penthouses, tanks and similar projections, provided that such projections
shall not extend higher than 10 feet above the highest point of the
roof, unless authorized as a conditional use.
The line which establishes the minimum depth of front yard
for the particular district as measured from the street line.
The certificate indicating that all construction has been
completed in accordance with the construction permit and that the
building is structurally safe for occupancy; or, in the case of a
change in use, that the new occupancy meets all zoning and other applicable
regulations, and authorization for an applicant to occupy a building
or premises is thereby granted.
A building, with or without accessory uses, providing meeting
room or recreational facilities for members and their guests of a
nonprofit organization, with or without eating facilities and without
sleeping accommodations, unless authorized as a conditional use.
As applied to shopping centers, the total area that is not
designed for rental to tenants and which is available for common use
by all tenants and their customers, such as parking areas, loading
and unloading or service areas, public rest rooms, landscaped areas
and the like, as well as malls and sidewalks.
A permitted use in a particular zoning district, but only
upon showing that such use in a specified location will comply with
the conditions, standards or criteria for the location or operation
of such use as contained in the zoning regulations herein and upon
the issuance of an authorization therefor by the approving authority.
The number of families located within the total area of a
site divided by the number of acres within the total area of that
site. The total area shall include all bodies of water, all interior
streets having right-of-way widths not more than 50 feet, but shall
not include streets having right-of-way widths greater than 50 feet,
shall include all common open space, easements and parking areas and
shall extend to the peripheral boundary lines of the property in single
and separate ownership, but shall not include the area of any lands
not a part of such ownership even though such lands may be completely
surrounded thereby.
The number of a particular type of dwelling units per acre
located within only a specified portion of the total area, including
yards, driveways, off-street parking areas, easements and the recreation
area intended to serve only those occupants of the particular dwelling
units within such specified portion, but excluding the areas within
all street rights-of-way and any portions of common open space intended
to serve other areas beyond the specified portion.
A building designed for and occupied exclusively for residence
purposes, excluding hotel, motel, rooming house, tourist or institutional
home, residential club and the like.
Two or more multifamily dwellings on a single lot.
A building for residence purposes, not a row-house dwelling,
designed for and occupied by three or more families living independently
of one another, with or without the provision of meal services for
its tenants and guests in a central dining room, but without general
meal service for the general public; an apartment house.
One of a series of three or more dwellings attached side
by side in a row, each for only one family, with a common party wall
between dwellings, each having direct and independent access to its
own front and rear yards, and all such dwellings in the series having
identical front yard depths.
A dwelling having no party wall in common with an adjacent
building; an attached garage shall be an integral part thereof and
shall not be deemed an adjacent building unless under a separate ownership.
A dwelling for two families living side by side but independently
and separated by a common party wall; a "twin."
One of a group of three or more attached dwellings, each
for only one family and having direct and independent access to their
own front and rear yards, but differing from a row-house dwelling
in that each dwelling in the group is designed independently as to
front yard depth as well as exterior building materials, floor levels
and rooflines.
A dwelling for two families living independently of each
other with one family living wholly or partly over the other and having
no party wall in common with an adjacent building; if wholly one family
above the other, this is frequently termed "a duplex" by local custom.
An individual; or two or more individuals related by blood
or marriage living together; or a group of individuals of not more
than six people not related by blood or marriage but living together
as a single house keeping unit on the premises, excluding occupants
of a fraternity, residential club, lodge or rooming house. In each
instance the family shall include domestic servants living on the
premises.
An accessory building or part of a principal building used
for the storage of not more than three privately owned motor vehicles,
of which not more than one shall be a commercial vehicle or truck
and in which at least 1/2 the space is used by the occupants of the
premises.
A building other than a private garage, one or more stories
in height, used solely for commercial storage, service and repair
of motor vehicle; a commercial parking garage.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline and other motor-vehicle
fuel or accessories and which may or may not include facilities for
lubricating, washing or otherwise servicing of motor vehicles but
which shall not include painting or body and fender repairs.
The total area of all floors enclosed within a building or
within all buildings in a project, including basements, storage areas,
mezzanines, roofed common areas and upper floors, if any, but not
including common areas which are not roofed, expressed in square feet.
The total area of a building or within a group of buildings
in the same project designed for tenant occupancy and exclusive use
or all of the area on which a tenant or tenants pay rent, including
basements, mezzanines and upper floors, if any, but not including
common areas, measured to the center lines of joint partitions and
to the outside face of the building, expressed in square feet, often
abbreviated GLA.
Includes any lawful occupation of a resident of the premises
customarily conducted within a dwelling as an accessory use and involving
not more than the person who is residing on the premises and one other
person and shall include such occupation as dressmaking, millinery
and professional offices, including physician, dentist, attorney,
insurance broker, architect, engineer and landscape architect, provided
that there shall be no evidence of the activity from the exterior
of the dwelling; the conducting of a clinic, hospital for humans or
animals, barbershop, beauty parlor, kennel, tearoom or uses similar
to any of these shall not be deemed to be a home occupation.
A group of rooms designed primarily for occupancy by one
family and containing at least kitchen, bathroom and sleeping facilities
for the private use of that one family.
A dwelling in which sleeping accommodations are provided
for rent to not more than two persons, whether or not the serving
of meals is included.
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing, experimentation
and development, but not including as a principal use the manufacture
of products for sale.
The legal or beneficial owner or owners of all the land proposed
to be included in a development plan; the holder of an option or contract
to purchase or other person having an enforceable proprietary interest
in the land included in such development plan shall be deemed to be
the landowner for purposes of this chapter.
Space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles while loading or unloading
of merchandise or materials, which space shall be exclusive of off-street
parking space and shall be paved with concrete in accordance with
Township specifications.
A parcel of land in single and separate ownership which is
used or occupied by one principal building or use or by a permitted
group of two or more buildings having a common principal use, together
with permitted accessory uses and such open spaces as are arranged
or designed to be used in connection with such principal building
or other structure or use, such open spaces and the area and dimensions
of such lot being not less than the minimum required by this chapter.
The total horizontal area of land lying within the lot lines,
provided that, regardless of deed description, the area of any land
lying within an existing street right-of-way shall not be deemed to
be a portion of the lot area, but the land lying within an easement
on the lot shall be deemed to be a part of the lot area.
The quotient obtained by dividing the number of acres or
square feet in the lot area by the number of families housed on the
lot.
A lot at the junction of and abutting two or more intersecting
streets or at the point of abrupt change in direction of a single
street the interior angle of which change in direction is less than
135º.
Any lot other than a corner lot.
A property boundary line of any lot being held in single
and separate ownership, except that, in the case of any lot abutting
a street, the lot line for such portion which abuts the street shall
be deemed, for purpose of this chapter, to be the same as the street
line and shall not be the center line of such street or any other
line within the street even though such may be described as the lot
boundary line in the deed.
The lot line abutting a street and coinciding with the street
line on an interior lot, and in the case of a corner lot, whichever
street-abutting lot line may be elected by the landowner or person
applying for a construction permit.
A lot line opposite and most distant from the front long
line; if the rear lot line is less than 10 feet in length, or if the
lot forms a point in the rear, the rear lot line shall be deemed to
be a line 10 feet in length within the lot, parallel to the front
lot line and at the maximum distance therefrom.
Any lot line not a front lot line or rear lot line.
The horizontal distance between the side lot lines measured
along the building line.
A transportable type of single-family detached dwelling,
designed and intended for occupancy as a residence, either temporary
or permanent, or as an office, contained in one unit, or in two units
designed to be joined to form a single integral unit, and again capable
of being separated for repeated relocation, which arrives at a site
complete and ready for occupancy, except for minor and incidental
unpacking and assembly operations, and constructed so that it may
be used with or without a permanent foundation, but which must in
Pennsauken Township be connected to public sanitary sewerage and public
water supply.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning, subdivision
or site plan regulations by reason of such adoption, revision or amendment
of this chapter.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the requirements of the zoning, subdivision or site plan regulations
by reason of the adoption, revision or amendment of this chapter.
A reasonably level space, available for use for the parking
of one motor vehicle, not less than 10 feet wide and 20 feet long,
exclusive of passageways, driveways or other means of circulation
or access; provided, however, that where the parking is clearly not
for the purpose of loading merchandise, the width may be reduced to
nine feet when authorized as a conditional use.
A parking space surfaced to whatever extent may be necessary
to permit use under all weather conditions; at least gravel-surfacing.
Paved parking space edged with concrete curbing designed
and installed to Township specifications.
A parking space, including vehicular access thereto, which
is paved with asphalt or concrete to Township specifications.
A domesticated animal or bird customarily housed on the premises
of a dwelling, excluding farm animals, poultry, reptiles, rodents
and occupants of a kennel.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
The gross leasable area minus the tenant's or shopkeeper's
storage area, work areas, rest rooms and loading docks; the area actually
devoted to customer use, including counters, shelves and other furniture.
Four or more retail establishments on a single lot using
common off-street parking space and designed as an integral shopping
area.
A structure and a land use, a building wall or other outdoor surface or any device used for visual communication, display, identification or publicity and more fully described under § 141-86 of this chapter.
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
Any change in or addition to the supporting or bearing members
of a building or other structure, such as bearing walls, partitions,
columns, beams, girders or any change which could convert an existing
building or other structure into a different building or structure
or adapt it to a different use or which, in the case of a nonconforming
building or other structure, would prolong the life of such building
or other structure.
Any structure or form capable of containing a volume of water
in excess of 18 inches in depth and having any horizontal dimension
in excess of eight feet measured along the surface of the water at
its maximum depth, used for swimming, wading or similar activity,
whether above or below ground level.
A use subordinate to the principal use of land or of a building or other structure on a lot and customarily incidental thereto and more specifically described in § 141-89H of this chapter.
Permission to depart from the literal requirements of the
zoning regulations of this chapter pursuant to specific provisions
of this chapter.
Development that must have direct access to the river or
stream along which it is proposed in order to function, such as maritime
activity, commercial fishing, public waterfront recreation and marinas,
provided that the river or stream has the capacity to absorb the impact
of the proposed use.
Development that benefits economically from direct access
to the water of the river or stream along which it is proposed, such
as a restaurant or motel, provided that full advantage is taken of
the waterfront location.
An open space on the same lot with a building or other structure
or use, unoccupied except for planting, fences or walls, authorized
by this chapter, open and unobstructed from the ground to the sky.
A space extending the full width of the lot along and adjacent
to the front lot line and extending in depth from the front lot line
to the nearest point of any building or other structure or use on
the lot.
A space extending the full width of the lot along and adjacent
to the rear lot line and extending in depth from the rear lot line
to the nearest point of any building or other structure or use on
the lot.
A space extending the full depth of the lot along and adjacent
to the side lot line and extending in width from such side lot line
to the nearest point of a building or other structure or use on the
lot.
A document signed by the Construction Official which is required
by this chapter as a condition precedent to the commencement of a
use or the work of erection, construction, reconstruction, alteration,
conversion or installation of a building or other structure, which
acknowledges that such use, building or other structure complies with
the provisions of the zoning regulations contained in this chapter
or variance therefrom duly authorized by the appropriate Township
agency pursuant to specific provisions of this chapter.
[1][Added 12-10-1980 by Ord. No. 80-35; amended 1-14-1981 by Ord. No. 80-38]
In addition to the zoning regulations established
in the zoning districts, as designated hereafter and delineated on
the Zoning Map, further regulations and restrictions shall apply to
that area especially designated and also shown on said map as the
"Waterfront Management Area," as proposed by the New Jersey Department
of Environmental Protection according to guidelines of the National
Oceanic and Atmospheric Administration, United States Department of
Commerce. Any person or landowner proposing land use or development
in this Area shall present a site plan for review and approval by
the Planning Board so that compliance with these additional regulations
and restrictions shall be assured and enforced. However, in those
portions of the Waterfront Management Area designated "R/R," the uses
and development shall be confined to public recreation and no other.
A.
Purpose.
(1)
In order that the future development of the Township
of Pennsauken waterfront be controlled to ensure preservation of the
environment and to prevent negative impact on the physical, economic,
social and aesthetic elements of the environment, to ensure that a
reasonable portion of the waterfront will be used for public open
space in order that the public health, safety and general welfare
be furthered, to enhance the attractiveness for all of Pennsauken
for environmentally sensitive developments and to provide for public
access to the Delaware River and other natural stream waterfronts,
the Township of Pennsauken has created this Waterfront Management
Area.
(2)
The Township desires to ensure proper management of
development of the waterfront while ensuring the conservation and
environmental protection of that area and to take full advantage of
modern design, construction, technology and planning methods to strengthen
and sustain its economic potential, while incorporating a variety
of uses which are mutually compatible with each other and the natural
environment, with special emphasis on the conservation and protection
of the waterfront and its unique physical attributes.
(3)
The objectives of the Waterfront Management Area are
to encourage innovative use of open space, commercial and industrial
development to achieve more efficient use of the waterfront under
a comprehensive plan rather than as separate unrelated parts. Such
comprehensive control should produce well-designed development that
will have a beneficial effect upon Pennsauken's waterfront and indirectly
on the rest of Pennsauken as well, so that present and future generations
of residents of Pennsauken may benefit from maximum use and enjoyment
of the remaining open land along the Township's stream banks. It is
deemed fitting and proper that this land not only be protected against
exploitation and other forms of improper use, but that certain types
of improvement and development, which would be compatible with the
environment, be encouraged in those portions which are particularly
well suited for waterfront location, and it is for these purposes
that the Waterfront Management Area is created.
(4)
In the event that there is a change in occupancy,
prior review by the Planning Board is inherently a part of the intent
and purpose for which the Waterfront Management Area is conceived.
B.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any purpose permitted
by and subject to the regulations of the zoning district in which
the premises are located, but in addition shall be subject to the
following regulations and restrictions:
(1)
Water dependent uses or development located in close proximity and having direct access to the waterfront, including those uses listed as examples in the definition of water dependent in § 141-73 of this chapter and, in addition, the following:
(a)
Boat-building, laboratories and other institutions
for research and study of marine biology.
(b)
Boat-docks, launching ramps, piers and facilities
for refueling and provisioning of small recreation craft and excursion
boats.
(c)
Areas for wildlife protection, conservation
and open areas.
(d)
Such other uses as are permitted in the particular
zoning district, provided such uses are water dependent as defined
herein.
(2)
Water related uses and development deriving economic benefit from the direct access and proximity to the waterfront, including those uses listed as examples in the definition of water related in § 141-73 of this chapter and, in addition, the following:
(a)
Industrial or commercial activities receiving
or shipping raw materials or finished products by ship, if permitted
by the zoning regulations of the district in which the premises are
located, but not including warehousing.
(b)
Public service facilities, including governmental,
public utility and railroad uses, which have a special locational
need.
(c)
Indoor theaters, auditoriums, cultural as well
as arts and crafts display areas.
(d)
Such uses as are permitted in the particular
zoning district, provided that such uses are water related as defined
herein.
(3)
Any residential use permitted by and within the boundaries
of a particular zoning district as delineated on the Zoning Map, provided
that the design and proposed development will accommodate and enhance
water related scenic values and activities.
(4)
Any of the following uses permitted in the particular
zoning district in which they are located, when authorized as a conditional
use, and provided that such use shall not create a negative impact
upon the surrounding environment, whether by reason of noise, odor,
glare or traffic generation:
(a)
Concessions licensed by Pennsauken Township
for the sale of food, beverages and confections and subject to the
hours and methods of operation specified in such license, located
within or near the areas indicated "R/R" for exclusive use as recreation.
(b)
Facilities for athletic events, including paved
courts for tennis, basketball, handball and other organized games,
provided that adequate off-street parking is included without detriment
to the waterfront environment.
(c)
Picnic areas, bridle paths, hiking trails, nature
study trails and other forms of passive recreation, provided that
such areas are so designed and located as to facilitate proper police
protection, which uses and activities may be located anywhere in the
Waterfront Management Area.
(5)
For any use permitted herein, all water discharged
or otherwise returned to the river or abutting stream shall have a
chemical, physical and bacteriological quality equal to or better
than that in the river or stream at the point of discharge, and further
provided that any use or activity which is or may be noxious or offensive
by reason of odor, dust, fumes, smoke, gas, vibration, glare, noise
or radiation or which constitutes or may constitute a public hazard
by reason of fire, explosion or otherwise shall not be permitted.
(6)
Any building within a flood risk area and the flood
fringe, as defined by the Flood Hazard Control Act (N.J.S.A. 58:16A-50
et seq.) and by the Federal Emergency Management Agency, as delineated
by the New Jersey Department of Environmental Protection (DEP), should
meet regulations specified in the State Floodplain Law (N.J.A.C. 7:13-1.2
et seq.).
C.
Other regulations.
(1)
Height regulations. The provisions of the particular
zoning districts shall prevail, except that the maximum height of
buildings and other structures in the Waterfront Management Area shall
be 35 feet.
(2)
Area, width, yard and coverage regulations. The following
regulations shall apply, provided that no building, storage, manufacturing
process or use, other than docks, piers, boat ramps, fueling and other
marina facilities and pedestrianways, shall be located closer to the
mean high-water level (as determined by the Township Engineer) than
200 feet, and further provided that for any use other than recreation,
open space or conservation area, a buffer area having a width or depth
not less than 200 feet shall be provided along any abutting residential
district or residential use:
(a)
Minimum lot area and width. The provisions of
the particular zoning districts shall apply.
(b)
Yard regulations. The provisions of the particular
zoning districts shall apply.
(c)
Coverage regulations.
[1]
The maximum coverage regulations of the particular
zoning districts to the contrary notwithstanding, in the Waterfront
Management Area the following coverage regulations shall apply:
[2]
Where a lot in any industrial district is improved
with uses permitted in the particular industrial districts, the coverage
regulations of that particular industrial district shall prevail.
(3)
The provisions of the flood risk area regulations of Chapter 166, Flood Control, of the Code of the Township of Pennsauken, shall apply.
(4)
Pedestrian access along streambanks. Whatever the
use may be, a safe and convenient means of pedestrian access and travel
along the streambank above the high-water line shall be provided and
maintained at all times in a safe, usable condition, free of trash,
refuse and other debris; provided, however, where piers, docks and
other permitted uses occupy the immediate streambank, some alternative
means shall be provided which will permit pedestrians to cross the
property with safety and reasonable convenience to the streambank
on the property beyond.[1]
[Added 12-22-1986 by Ord. No. 86-53]
A.
In the event that a particular parcel of property
shall contain a proposed use or uses which shall include different
types of zoning uses as defined in this chapter, it shall be necessary
for the applicant proposing said use to apply for a change of use
variance even though said use or uses may be considered a lesser included
use with the zoning districts and zoning codes of the Township of
Pennsauken. For example, in the event that a proposed use shall contain
a Commercial-2 use and a Commercial-1 use, the applicant will be required
to apply for a change of use variance even though Commercial-1 uses
are permitted uses in Commercial-2 Districts.
B.
The Township Committee of the Township of Pennsauken
shall consider a proposed use of the aforesaid nature as a multi-use
application and shall require variances even though the proposed use
is included as indicated herein above.
In the R-1 Residential Districts, the following
regulations shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any of the following
purposes, and no other:
(1)
Single-family detached dwelling.
(2)
Agriculture, including the raising and harvesting
of crops and all forms of gardening and other forms of horticultural
practices, but not including the keeping of farm animals or poultry.
(3)
Any one or more of the following uses when authorized
as a conditional use by the Board of Adjustment:
(a)
Place of worship.
[Amended 12-30-2002 by Ord. No. 02-38]
(c)
Club or lodge, provided that the principal activity
shall not be one which is customarily carried on as a business, and
provided that all services shall be for members and their guests only.
(d)
Passenger station for public transportation;
telephone central office; and other public utility use.
(6)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(7)
Home occupations.
B.
Height regulations, accessory height regulations and
floor area. The maximum height of buildings and other structures erected
or enlarged in this district shall be 35 feet, not exceeding 2 1/2
stories. The maximum height of accessory buildings and other accessory
structures erected or enlarged in this district shall be 16 feet,
and they shall have a maximum floor area of 400 square feet.
[Amended 2-25-2015 by Ord. No. 2015:02]
C.
Area, width, yard and coverage regulations. The following
shall apply in this district:
(1)
Minimum lot area and width. A lot area of not less
than 9,000 square feet and a lot width of not less than 75 feet at
the building line shall be provided for every use permitted in this
district.
(2)
Front yard. There shall be a front yard on each lot
the depth of which shall be not less than 35 feet.
(3)
Side yards:
(a)
On each interior lot there shall be two side
yards having an aggregate width of not less than 30 feet, neither
side yard having a width of less than 10 feet.
(b)
On each corner lot there shall be two side yards,
the side yard abutting the street having a width of not less than
10 feet.
(c)
On any lot, in any side yard not abutting a
street or any rear yard, a detached accessory use building may be
erected within that yard area if not closer to a property line than
five feet.
[Amended 2-8-1989 by Ord. No. 89-4; 7-7-2010 by Ord. No. 2010:19]
(4)
Rear yard. There shall be a rear yard on each lot
the depth of which shall be not less than 40 feet.
[Added 12-30-2002 by Ord. No. 02-38]
A.
In the T-1 Zone, the following uses shall be conditionally
permitted:
(1)
Schools, municipal uses, community centers,
noncommercial parks and other recreational uses.
B.
All lands now used in those ways set forth above shall
now be designated T-1 and identified on the Municipal Zoning Map as
such, which map shall be amended consistent herewith.
In R-2 Residential Districts, the following
regulations shall apply:
A.
Use regulations. A building may be erected, altered
or enlarged and a lot may be used or occupied for any of the following
purposes, and no other:
[Amended 12-30-2002 by Ord. No. 02-32]
(1)
Single-family detached dwelling.
(2)
Agriculture, including the raising and harvesting
of crops and all forms of gardening and other forms of horticultural
practices, but not including the keeping of farm animals or poultry.
(3)
Any one or more of the following uses when authorized
as a conditional use by the Board of Adjustment:
(a)
Place of worship.
[Amended 12-30-2002 by Ord. No. 02-38]
(c)
Club or lodge, provided that the principal activity
shall not be one which is customarily carried on as a business, and
provided that all services shall be for members and their guests only.
(d)
Passenger station for public transportation;
telephone central office; and other public utility use.
(6)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(7)
Home occupations.
B.
Height regulations, accessory height regulations and
floor area. The maximum height of buildings and other structures erected
or enlarged in this district shall be 35 feet, not exceeding 2 1/2
stories. The maximum height of accessory buildings and other accessory
structures erected or enlarged in this district shall be 16 feet,
and they shall have a maximum floor area of 400 square feet.
[Amended 2-25-2015 by Ord. No. 2015:02]
C.
Area, width, yard and coverage regulations. The following
shall apply in this district:
(1)
Minimum lot area and width. A lot area of not less
than 6,000 square feet and a lot width of not less than 60 feet at
the building line shall be provided for every use permitted in this
district.
(2)
Front yard. There shall be a front yard on each lot
the depth of which shall be not less than 30 feet.
(3)
Side yards.
(a)
On each interior lot there shall be two side
yards having an aggregate width of not less than 25 feet, neither
side yard having a width of less than eight feet.
(b)
On each corner lot there shall be two side yards,
the side yard abutting the street having a width of not less than
25 feet, and the side yard not abutting the street having a width
of not less than eight feet.
(c)
On any lot, in any side yard not abutting a
street, a detached accessory use building or other structure may be
erected within the rear yard if not closer to a property line than
five feet.
(4)
Rear yard. There shall be a rear yard on each lot
the depth of which shall be not less than 35 feet.
In R-3 Residential Districts, the following
regulations shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any of the following
purposes, and no other:
[Amended 12-30-2002 by Ord. No. 02-32]
(1)
Single-family detached dwelling.
(2)
Agriculture, including the raising and harvesting
of crops and all forms of gardening and other forms of horticultural
practices, but not including the keeping of farm animals or poultry.
(3)
Any one or more of the following uses when authorized
as a conditional use by the Board of Adjustment:
(a)
Place of worship.
[Amended 12-30-2002 by Ord. No. 02-38]
(c)
Club or lodge, provided that the principal activity
shall not be one which is customarily carried on as a business, and
provided that all services shall be for members and their guests only.
(d)
Passenger station for public transportation;
telephone central office; and other public utility use.
(6)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(7)
Home occupations.
B.
Height regulations, accessory height regulations and
floor area. The maximum height of buildings and other structures erected
or enlarged in this district shall be 35 feet, not exceeding 2 1/2
stories. The maximum height of accessory buildings and other accessory
structures erected or enlarged in this district shall be 16 feet,
and they shall have a maximum floor area of 400 square feet.
[Amended 2-25-2015 by Ord. No. 2015:02]
C.
Area, width, yard and coverage regulations. The following
shall apply in this district:
(1)
Minimum lot area and width. A lot area of not less
than 5,000 square feet and a lot width of not less than 50 feet at
the building line shall be provided for every use permitted in this
district.
(2)
Front yard. There shall be a front yard on each lot
the depth of which shall be not less than 25 feet.
(3)
Side yards.
(a)
On each interior lot there shall be two side
yards having an aggregate width of not less than 18 feet, neither
side yard having a width of less than six feet.
(b)
On each corner lot there shall be two side yards,
the side yard abutting the street having a width of not less than
20 feet, and the other side yard having a width of not less than six
feet.
(c)
On any lot, in any side yard not abutting a
street, a detached accessory use building or other structure may be
erected within the rear yard if not closer to a property line than
five feet.
(4)
Rear yard. There shall be a rear yard on each lot
the depth of which shall be not less than 30 feet.
In R-4 Residential Districts, the following
regulations shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any of the following
purposes, and no other:
[Amended 12-30-2002 by Ord. No. 02-32]
(1)
Single-family detached dwelling.
(2)
Agriculture, including the raising and harvesting
of crops and all forms of gardening and other forms of horticultural
practices, but not including the keeping of farm animals or poultry.
(3)
Any one or more of the following uses when authorized
as a conditional use by the Board of Adjustment:
(a)
Place of worship.
[Amended 12-30-2002 by Ord. No. 02-38]
(c)
Club or lodge, provided that the principal activity
shall not be one which is customarily carried on as a business, and
provided that all services shall be for members and their guests only.
(d)
Passenger station for public transportation;
telephone central office; and other public utility use.
(6)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(7)
Home occupations.
(8)
Single-family semidetached dwellings.
(9)
Any of the following uses as are designated on a plan submitted to, and approved by, the Planning Board as prescribed in Article VII, § 141-89J, herein, when arranged on the land in conformity with such approved plan:
(a)
Garden-type multifamily dwelling and groups
thereof, not exceeding two stories in height and having a net density
not exceeding 15 families per acre.
(b)
Townhouse dwellings not less than 20 feet in
width, in attached groups, not exceeding eight of such dwellings per
group and having a gross density not exceeding 10 families per acre,
in a development containing not less than two acres.
B.
Height regulations, accessory height regulations and floor area. For uses permitted in Subsection A(1) and (8) above, the maximum height of buildings and other structures erected and enlarged in this district shall be 35 feet; and for all other permitted uses, the maximum height of buildings and other structures erected or enlarged in this district shall be two stories. The maximum height of accessory buildings permitted in Subsection A(1) and (8) above and other accessory structures permitted in Subsection A(1) and (8) above erected or enlarged in this district shall be 16 feet, and they shall have a maximum floor area of 400 square feet.
[Amended 2-25-2015 by Ord. No. 2015:02]
C.
Area, width, yard and coverage regulations. The following
shall apply in this district:
|
Side Yards
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Types of Use
|
Lot Area
(square feet)
|
Lot Width
(feet)
|
Front Yard
(feet)
|
Aggregate Width
(feet)
|
Any One
(feet)
|
Rear Yard
(feet)
|
Maximum Coverage Building
|
Lot
|
|
Uses permitted in R-3 Residential Districts
|
5,000
|
50
|
25
|
18
|
6
|
30
|
35%
|
75%
|
|
Single-family semidetached dwelling
|
4,500
|
45
|
20
|
—
|
15
|
35
|
35%
|
80%
|
|
Garden-type multifamily dwelling[3]
|
2 acres
|
250
|
50
|
100
|
50
|
50
|
20%
|
50%
|
|
Townhouse dwelling (interior lot)
|
2,000
|
20
|
20
|
—
|
—
|
35
|
40%
|
80%
|
|
Townhouse dwelling (interior, end lot)
|
2,600
|
26
|
20
|
—
|
6
|
35
|
35%
|
75%
|
|
Townhouse dwelling (corner lot)
|
3,500
|
35
|
20
|
—
|
15
|
35
|
25%
|
75%
|
[3]
Editor's Note: The bulk requirements as they apply to garden-type multifamily dwellings in the Crossroads Overlay District were amended 12-10-2007 by Ord. No. 07-36. See § 141-85.2B(6).
D.
Screen planting requirement. For garden-type multifamily
dwellings, along any side or rear property line abutting an existing
dwelling or residential district, there shall be installed a screen
planting the ultimate width and height of which shall be not less
than 10 feet.
E.
Recreation space requirement. For garden-type multifamily
dwellings, there shall be provided not less than 200 square feet of
recreation space per family, which space shall be covered in grass
and shall be exclusive of parking space and driveways.
F.
Planning Board review. For any multifamily dwelling
and townhouse dwelling, the Planning Board shall review the site plan
and refer same to the Township Committee for recommendation before
granting or denying approval.
In R-5 Residential Districts, the following
regulations shall apply:
A.
Use regulations. A building or group of buildings
may be erected, altered or used and a lot may be used or occupied
for any of the following purposes, and no other:
(1)
High-rise and garden-type multifamily dwellings and townhouse dwellings as are designated on a development plan submitted to and approved by the Planning Board, as prescribed in § 141-89J herein, when arranged on the land in conformity with such approved plan.
[Amended 1-14-1981 by Ord. No. 80-38]
(2)
Such commercial uses as restaurant, barbershop, beauty
salon, newsstand, sale of tobacco products, periodicals and confections,
when made an integral part of the ground floor of a high-rise multifamily
dwelling, primarily as a service and convenience to the tenants of
such dwelling or group thereof.
(3)
Passenger station for public transportation.
(5)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
B.
Height regulations. The maximum height of high-rise
multifamily dwellings shall be 13 stories or 130 feet; the maximum
height of all other permitted uses shall be two stories and not to
exceed 25 feet.
[Amended 1-14-1981 by Ord. No. 80-38]
C.
Area, width and yard regulations.
(1)
Minimum lot area and width. A lot area of not less than five acres shall be provided all multifamily dwellings; for townhouse dwellings the minimum lot area shall be three acres; the minimum lot width shall be established by the yard regulations of Subsection C(2) hereinbelow.
[Amended 1-14-1981 by Ord. No. 80-38]
(2)
Yard regulations.
|
Type of Dwelling
| ||||||
|---|---|---|---|---|---|---|
|
Minimum Required Yard
|
Commercial Uses
(feet)
|
Detached
(feet)
|
Single-
Family Semi-
detached
(feet)
|
Town-
house
(feet)
|
Multifamily Garden-
Type
(feet)
|
Multifamily High-Rise
(feet)
|
|
Front
|
55
|
25
|
25
|
20
|
50
|
75
|
|
Rear
|
60
|
30
|
30
|
30
|
50
|
75
|
|
Side:
| ||||||
|
Minimum for 1
|
12**
|
6
|
15*
|
6**
|
50
|
75
|
|
Aggregate of 2
|
25
|
18
|
—
|
—
|
100
|
200
|
|
NOTES:
*On a corner lot, the side yard abutting
the street shall have a width of not less than the depth of the front
yard.
**Where the lot has no party wall in
common with an abutting lot; on a corner lot, the side yard abutting
the street shall have a width of not less than the depth of the front
yard.
| ||||||
D.
Off-street parking restriction. No off-street parking
or loading space shall be permitted in a front yard.
E.
Screen planting requirement. All off-street parking
and loading space within a yard abutting another residential district
or a public street shall be provided with a screen planting the ultimate
height and width of which shall be not less than 10 feet; provided,
however, that a masonry wall not less than four feet in height may
be used in lieu of such planting screen.
F.
Planning Board approval. For any permitted use, the
Planning Board shall approve the development plan prior to issuance
of a building permit.
[Amended 1-14-1981 by Ord. No. 80-38]
G.
Building coverage and net density. The maximum building
coverage and net densities permitted in this district shall be as
follows:
[Amended 1-14-1981 by Ord. No. 80-38]
|
Types of Use
|
Lot Coverage
(percent)
|
Maximum Building Coverage
(percent)
|
Dwelling Units Per Acre
|
|---|---|---|---|
|
Single-family detached dwelling
|
70
|
35
|
*
|
|
Single-family semi-detached dwelling
|
75
|
35
|
*
|
|
Townhouse dwelling
|
85
|
50
|
10
|
|
Multifamily dwelling (garden-type)
|
75
|
20
|
15
|
|
Multifamily dwelling (high-rise), for 3 stories**
|
80
|
20
|
25**
|
|
NOTES:
*Determined by permitted lot size.
**For each story over three, the net density
may be increased five families per acre, to a maximum of 50.
| |||
H.
Senior citizens housing. Multifamily high-rise senior
citizens housing may be developed within this use provided that:
[Added 7-9-1979 by Ord. No. 79-24]
(1)
The parcel of land contains not less than two acres.
(2)
Dwelling units per acre shall not exceed 50 per acre.
(4)
Off-street parking and/or loading space shall be permitted
in a front yard.
(5)
At least one all-weather parking space per two dwelling
units shall be provided, notwithstanding other provisions of the development
ordinances.
[Amended 1-14-1981 by Ord. No. 80-38; 11-25-1981 by Ord. No. 81-32]
In C-1 Commercial Districts the following regulations
shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any of the following
purposes, and no other:
[Amended 8-28-2002 by Ord. No. 02-27; 12-30-2002 by Ord. No.
02-32]
(1)
Single-family detached dwelling.
(2)
Agriculture, including the raising and harvesting
of crops and all forms of gardening and other forms of horticultural
practices, but not including the keeping of farm animals or poultry.
(3)
Any one or more of the following uses when authorized
as a conditional use by the Planning Board if simultaneous with site
plan review, otherwise by the Board of Adjustment if the Board of
Adjustment has jurisdiction in accordance with N.J.S.A. 40:55D-70d(3):
[Amended 12-30-2002 by Ord. No. 02-38; 10-22-2008 by Ord. No. 08-33; 8-5-2021 by Ord. No. 2021:22; 7-21-2022 by Ord. No. 2022:16]
(a)
Place of worship.
(c)
Club or lodge, provided that the principal activity
shall not be one which is customarily carried on as a business, and
provided that all services shall be for members and their guests only.
(d)
Passenger station for public transportation;
telephone central office; and other public utility use.
(e)
Public self-storage facilities, subject to the following specific
conditions.
[1]
Unless the proposed facility is entirely within a building and all
access to individual units is within that building, facilities shall
be surrounded by a six-foot fence of the type allowed by the Township’s
regulations, subject to Planning Board review.
[2]
All driveways and aisleways shall be subject to the review and approval
of the Fire Subcode Official.
[3]
Storage of motor vehicles, except vehicles which are qualified to
be and licensed as antique vehicles or qualify for insurance purposes
as collectible, is prohibited. It is the intent of this provision
to prohibit storage of vehicles that are regularly used and to allow
only storage of vehicles that have some extrinsic value due to age
or other consideration and are not used on a regular basis.
[4]
Repairs of motor vehicles, boats or any other machinery (including
antique or collectible vehicles) are prohibited.
[5]
Facilities must be subject to reasonable methods of providing twenty-four-hour-per-day
security.
[6]
Storage of flammable or hazardous materials, as those terms are defined
by the Uniform Fire Code, the USEPA and/or the NJDEP (whichever definition
is more stringent), shall be strictly prohibited.
[7]
All setback and buffering requirements, especially for areas abutting
residential zones, shall be strictly applied.
[8]
Activities within the storage area shall be limited to commencing
no earlier than 8:00 a.m. and ceasing no later than 10:00 p.m.
[9]
Facilities may be located only fronting on principal arterial roadways
as defined in the 1988 Master Plan, specifically fronting on US Route
30, US Route 130, NJ Route 38, NJ Route 70. NJ Route 73 and NJ Route
90.
[10]
No business can be operated from any unit within a facility, specifically
meaning that no customers can visit a unit, units may not be opened
for display or sale of merchandise, there shall be no advertising
of business activity for any unit or any other indicia of business
operations on the premises.
[11]
No outside storage shall be permitted in any facility.
[12]
Units within facilities may not be used for habitation by humans
or animals.
[13]
No unit in a facility may be used for the staging area for performances
or the playing of music by instrument or equipment.
(f)
Cannabis retailer, subject to the following conditions:
[Amended 7-21-2022 by Ord. No. 2022:16]
[1]
Such facility shall meet all requirements for licensure, and
hold an appropriate Class 5 cannabis retailer license issued by the
Cannabis Regulatory Commission, Department of Treasury, State of New
Jersey. The required local cannabis license must also be obtained
from the Township of Pennsauken.
[2]
The minimum lot area shall be 5,000 square feet.
[3]
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
[4]
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from an R1, R2 or R3 District, residential use or mixed use
containing residential uses, as measured in a straight line from the
nearest two points of the property lines.
[5]
Shall not be located within 500 feet of the property line of
any existing church or house of worship or any existing public park,
playground, or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
[6]
No facility may permit on-site consumption of cannabis or cannabis
products.
[7]
No outside storage of any cannabis, cannabis products or cannabis
paraphernalia shall be permitted.
[8]
Off-street parking shall be provided at a ratio of one space
for every 100 square feet of gross floor area, with the addition of
one parking space for each employee to be present at time of peak
staffing.
[9]
Shall not be located within 1,000 feet of the right-of-way of
U.S. Route 130.
[10]
Blinking or flashing lights shall be prohibited.
[11]
Shall be in full conformance with the signage requirements of this
chapter.
[12]
All other provisions that are applicable to the zone district and
not in conflict with the foregoing conditional use requirements shall
apply; provided, however, that such provisions shall not be applied
as conditional use requirements.
(g)
Medical cannabis dispensaries, subject to the following conditions:
[1]
Such facility shall meet all requirements for licensure and
hold a valid permit from the Cannabis Regulatory Commission, Department
of Treasury, State of New Jersey.
[2]
The minimum lot area shall be 5,000 square feet.
[3]
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
[4]
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from a R1, R2 or R3 District, residential use, or mixed use
containing residential uses, as measured in a straight line from the
nearest two points of the property lines.
[5]
Shall not be located within 500 feet of the property line of
any existing church or house of worship or any existing public park,
playground or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
[6]
No facility may permit on-site consumption of medical cannabis
or medical cannabis products.
[7]
No outside storage of any medical cannabis, medical cannabis
products or medical cannabis paraphernalia shall be permitted.
[8]
Off-street parking shall be provided at a ratio of one space
for every 100 square feet of gross floor area, with the addition of
one parking space for each employee to be present at time of peak
staffing.
[9]
Shall not be located within 1,000 feet of the right-of-way of
U.S. Route 130.
[10]
Blinking or flashing lights shall be prohibited.
[11]
Shall be in full conformance with the signage
requirements of this chapter.
[12]
A security plan shall be submitted for the review
and approval of the Pennsauken Township Committee and the Pennsauken
Township Police Department. The security plan shall demonstrate how
the facility will maintain effective security and control of operations.
At a minimum, it shall identify the type and manner of twenty-four-hour
security, tracking and recordkeeping of products and materials, surveillance
systems to be utilized, and whether any armed security will be on
premises. No application to develop a medical cannabis dispensary
shall be approved without a security plan that has been reviewed and
approved by the Pennsauken Township Committee and the Pennsauken Township
Police Department.
[13]
All other provisions that are applicable to the
zone district and not in conflict with the foregoing conditional use
requirements shall apply; provided, however, that such provisions
shall not be applied as conditional use requirements.
(6)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses, including fuel
sales as accessory to a permitted retail use.
(7)
Home occupations.
(8)
Any use permitted in a R-4 or R-5 Residential District;
provided, however, that the R-4 or R-5 Zoning District is contiguous
to the existing C-1 Commercial District.
[Added 3-31-1982 by Ord. No. 82-7]
(9)
Retail establishments, including groups thereof as
a shopping center, for the sale of food, beverage, drugs, dry goods,
variety merchandise, tailoring and dressmaking, furnishing and other
household supplies and appliances excluding commercial and industrial
supplies, sale and repair of jewelry, clocks, electronic devices,
optical goods, musical instruments, scientific and professional instruments
and florist shops.
(10)
Business and professional offices, office supplies,
studio, bank, including drive-through window, and other financial
institutions, municipal buildings, library, museum and passenger station
for public transportation.
(11)
Bakery selling products on the premises, confectionery,
restaurant, cafe, luncheonette; provided, however, that outdoor counters
for pedestrians and service to windows of motor vehicles parked for
that purpose shall not be permitted, but this shall not be construed
to prohibit drive-through pickup windows.
(12)
Personal service shop, including barbershop,
beauty salon, shoe repair, tailor, dressmaker and pickup for dry cleaning
and laundry.
(14)
Restaurant, cafe, diner or other place serving
food and lawful beverages, provided that the seating capacity of such
establishment does not exceed 36 persons and provided further that
outdoor counters for pedestrians and service to windows of motor vehicles
parked for that purpose shall not be permitted, but this shall not
be construed to prohibit drive-through pickup windows. In connection
with the uses permitted herein, the term "restaurant, cafe, diner
or other place serving food or lawful beverage" specifically does
not mean or include facilities commonly referred to as "'nightclubs."
[Amended 7-26-2006 by Ord. No. 06-20]
B.
Height regulations, accessory height regulations and floor area. The maximum height of any building for any use permitted in Subsection A(1) herein shall be 35 feet; and for any other use permitted herein, a building may exceed such height if, for every one foot in excess of 35 feet in height, there shall be added one foot of depth or width to each required yard. The maximum height of accessory buildings permitted in Subsection A(1) herein and other accessory structures permitted in Subsection A(1) herein erected or enlarged in this district shall be 16 feet, and they shall have a maximum floor area of 400 square feet.
[Amended 2-25-2015 by Ord. No. 2015:02]
C.
Area, width, yard and coverage regulations.
(1)
Minimum lot area and width. For any use permitted in Subsection A herein, there shall be a lot area of not less than 5,000 square feet and a lot width of not less than 50 feet at the building line, and for any other use permitted herein there shall be no minimum lot area or lot width, provided that sufficient open space is made available on the lot for the off-street parking and loading required in § 141-87 herein.
(2)
Yard regulations.
(a)
Front yard. There shall be a front yard on each
lot the depth of which shall be not less than 10 feet; provided, however,
that where off-street parking is located in the front yard, the depth
shall be not less than 40 feet.
(b)
Side yards.
[1]
Where a building adjoins another on the side
lot line and a common party wall is used, no side yard shall be required.
[2]
Where a building is not erected on a side lot
line, the side yard not abutting a street shall be not less than 10
feet in width.
[3]
On a corner lot there shall be a side yard abutting
the street having a width not less than 10 feet; provided, however,
that where off-street parking is located in such side yard, the depth
shall be not less than 40 feet.
(c)
Rear yard. There shall be a rear yard on each
lot the depth of which shall be not less than 35 feet.
D.
Screening. Along any side or rear lot line abutting
a residential use or district there shall be installed a masonry wall
or opaque fencing having a height not less than six feet but which
shall not extend into the front yard, and provided that such screen
shall be approved by the Planning Board.
E.
Ingress and egress for off-street parking. Under no
circumstances shall off-street parking be arranged to permit vehicles
to back directly from off-street parking spaces into a public street.
F.
Outdoor display of merchandise. There shall be no
display of merchandise or products for sale in a front yard or in
a side yard abutting a street; provided, however, that trees and shrubs
and other plants may be displayed in such yards of a nursery sales
establishment but not closer to the side or front lot lines than 10
feet.
G.
Planning Board approval. The Planning Board shall
approve the site plan prior to issuance of any construction permit
or prior to the issuance of a use and occupancy permit for any change
in use requiring an increase in off-street parking spaces or involving
a change in surface drainage.
H.
Buffer strips.
(1)
All lots or parts of lots in the C-1 and P-1 Zones
that are improved with a predominantly nonresidential use and whose
side or rear lines are adjacent to a residential zone, shall be screened
from such residential zone by landscaped buffer strips or other such
screening along said side or rear lines as may be approved by the
Planning Board.
(2)
Within required buffer areas, a solid and continuous
landscape screen shall be planted and maintained. Said landscaping
shall consist of massed evergreen or a combination of evergreen and
deciduous trees of at least five feet in height, so as to continually
restrict a clear view beyond said buffer strip.
(3)
The required height of the buffer strip shall be measured
in relation to the elevation of the edge of the adjacent area to be
screened. In such cases as the ground elevation of the location at
which the screen is to be planted is less than the elevation of the
edge of the adjacent area, the required height of the screen shall
be increased in an amount equal to said difference in elevation. In
the event that the ground elevation of the location at which the screen
is to be planted is greater than that at the edge of the adjacent
area, the required height of the screen may be reduced in an amount
equal to said difference in elevation, provided that in no case shall
the required height be reduced more than two feet.
(4)
The entire buffer strip shall be at least six feet
in width and shall be graded and planted with grass seed or sod and
such other shrubbery or trees as may be desired by the owner. The
entire area shall be attractively maintained and kept clean of all
debris and rubbish. When a buffer strip is required for a restaurant
use, said buffer strip shall be 12 feet in width.
(5)
In the event that any of the plantings in accordance
with the above requirements do not live, they shall be replaced within
one year.
(6)
The certificate of occupancy for the use of the premises
shall not be issued until such time as the landscaping requirements,
buffer strips and/or other approved dividers, as required by this
chapter and as approved by the Planning Board, are either actually
installed in full compliance herewith or, in the event that the season
is not appropriate, a performance guaranty of 125% of the cost, as
estimated by the Township Engineer, has been deposited with the Township
Building Inspector. Such guaranty shall be in the form of cash, and
the depositor shall agree in making the deposit that, if performance
is not completed within the time specified by the Building Inspector
on the receipt delivered to the depositor, the Township may complete
the requirements charging the cost against the deposit; otherwise,
the deposit shall be returned in full after the satisfactory completion
of the work.
(7)
In required buffer areas where a natural buffer strip
is considered by the Planning Board to be impracticable or inappropriate,
an opaque fence may be substituted in whole or in part for a natural
buffer, provided that its specifications are approved by the Planning
Board.
[Amended 11-25-1981 by Ord. No. 81-32]
In C-2 Commercial Districts, the following regulations
shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any of the following
purposes and no other:
(1)
Single-family detached dwelling.
(2)
Agriculture, including the raising and harvesting
of crops and all forms of gardening and other forms of horticultural
practices, but not including the keeping of farm animals or poultry.
(3)
Any one or more of the following uses when authorized
as a conditional use by the Board of Adjustment:
(a)
School or place of worship.
(b)
Municipal use, excluding incinerator and dump.
(c)
Club or lodge, provided that the principal activity
shall not be one which is customarily carried on as a business, and
provided that all services shall be for members and their guests only.
(d)
Passenger station for public transportation;
telephone central office; and other public utility use.
(4)
Community center, noncommercial park or recreational
use; provided, however, that concessions for sale of confections and
beverages to the visitors only may be included.
(6)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(7)
Home occupations.
(8)
Any use permitted in a R-4 or R-5 Residential District;
provided, however, that the R-4 or R-5 Zoning District is contiguous
to the existing C-1 Commercial District.
[Added 3-31-1982 by Ord. No. 82-7]
(9)
Retail establishments, including groups thereof as
a shopping center, for the sale of food, beverage, drugs, dry goods,
variety merchandise, tailoring and dressmaking, furnishing and other
household supplies and appliances excluding commercial and industrial
supplies, sale and repair of jewelry, clocks, electronic devices,
optical goods, musical instruments, scientific and professional instruments
and florist shops.
(10)
Business and professional offices, office supplies,
studio, bank, including drive-through window, and other financial
institutions, municipal buildings, library, museum and passenger station
for public transportation.
(11)
Bakery selling products on the premises, confectionery,
restaurant, cafe, luncheonette; provided, however, that outdoor counters
for pedestrians and service to windows of motor vehicles parked for
that purpose shall not be permitted, but this shall not be construed
to prohibit drive-through pickup windows.
(12)
Personal service shop, including barbershop,
beauty salon, shoe repair, tailor, dressmaker and pickup for dry cleaning
and laundry.
(15)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(16)
Restaurant, cafe, diner or other place serving
food and lawful beverages, provided that the seating capacity of such
establishment does not exceed 200 persons and provided further that
outdoor counters for pedestrians and service to windows of motor vehicles
parked for that purpose shall not be permitted, but this shall not
be construed to prohibit drive-through pickup windows. In connection
with the uses permitted herein, the term "restaurant, cafe, diner
or other place serving food or lawful beverage" specifically does
not mean or include facilities commonly referred to as "'nightclubs."
[Amended 7-26-2006 by Ord. No. 06-20]
(17)
Wholesale establishment, including the storage
and distributing of goods sold on the premises or for delivery off
the premises, for such activities as plumbing, heating and air-conditioning,
electrical and other building supplies, lumber, roofing and paint,
including assembly, but not including manufacturing from raw materials.
(18)
Newspaper publishing, job printing, blueprinting
and undertaking.
(19)
Gasoline service station, including the sale
and installation of accessories and minor repairs, excluding painting,
body and fender repair.
(20)
Sales agency for new automobiles, service and
repair shop and public garage; provided, however, that all painting
and repairs shall be conducted within a building, and further provided
that vehicles awaiting repair, but not including junk vehicles, may
be stored in a rear yard, but not in a front yard or a side yard abutting
a street.
(22)
Commercial parking garage or parking lot, other
than for the required off-street parking which must be supplied by
the establishment in the district.
(23)
Any of the following uses when authorized as
a conditional use by the Planning Board if simultaneous with site
plan review, otherwise by the Board of Adjustment:
(a)
Motel, but only when dining and meeting room
facilities are made an integral part thereof.
(b)
Hand laundry; automatic self-service laundry
and dry cleaning.
(c)
Animal hospital and pet shop.
[Amended 12-30-2002 by Ord. No. 02-32]
(d)
Used car sales in connection with a new automobile
sales agency and on the same premises therewith.
(e)
A use of the same general character as any of
the foregoing uses specifically permitted.
G.
Planning Board approval. For any permitted use, the Planning Board shall approve the site plan prior to issuance of a construction permit pursuant to Article VI herein.
H.
Buffer strips.
(1)
Applicability. All lots or parts of lots in the C-1
and P-1 Zones that are improved with a predominantly nonresidential
use and whose side or rear lines are adjacent to a residential zone
shall be screened from such residential zone by landscaped buffer
strips or other such screening along said side or rear lines as may
be approved by the Planning Board.
(2)
General regulations.
(a)
Within required buffer areas, a solid and continuous
landscape screen shall be planted and maintained. Said landscaping
shall consist of massed evergreen or a combination of evergreen and
deciduous trees of at least five feet in height, so as to continually
restrict a clear view beyond said buffer strip.
(b)
The required height of the buffer strip shall
be measured in relation to the elevation of the edge of the adjacent
area to be screened. In such cases as the ground elevation of the
location at which the screen is to be planted is less than the elevation
of the edge of the adjacent area, the required height of the screen
shall be increased in an amount equal to said difference in elevation.
In the event that the ground elevation of the location at which the
screen is to be planted is greater than that at the edge of the adjacent
area, the required height of the screen may be reduced in an amount
equal to said difference in elevation, provided that in no case shall
the required height be reduced more than two feet.
(c)
The entire buffer strip shall be at least six
feet in width and shall be graded and planted with grass seed or sod
and such other shrubbery or trees as may be desired by the owner.
The entire area shall be attractively maintained and kept clean of
all debris and rubbish. When a buffer strip is required for a restaurant
use said buffer strip shall be 12 feet in width.
(d)
In the event that any of the plantings in accordance
with the above requirements do not live, they shall be replaced within
one year.
(e)
The certificate of occupancy for the use of
the premises shall not be issued until such time as the landscaping
requirements, buffer strips and/or other approved dividers, as required
by this chapter and as approved by the Planning Board, are either
actually installed in full compliance herewith or, in the event that
the season is not appropriate, a performance guaranty of 125% of the
cost, as estimated by the Township Engineer, has been deposited with
the Township Building Inspector. Such guaranty shall be in the form
of cash, and the depositor shall agree in making the deposit that,
if performance is not completed within the time specified by the Building
Inspector on the receipt delivered to the depositor, the Township
may complete the requirements charging the cost against the deposit;
otherwise, the deposit shall be returned in full after the satisfactory
completion of the work.
(f)
In required buffer areas where a natural buffer
strip is considered by the Planning Board to be impracticable or inappropriate,
an opaque fence may be substituted in whole or in part for a natural
buffer, provided that its specifications are approved by the Planning
Board.
In LI Limited Industrial Districts, the following
regulations shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any of the following
purposes, and no other:
(1)
Any use permitted in C-2 Commercial Districts; provided,
however, that no dwelling shall be permitted except that living quarters
for caretakers and watchpersons shall be permitted when employed on
the premises.
(2)
Laboratory for scientific and industrial research,
light manufacturing and processing of beverages, confections, dairy
products, foods, ceramics, clothing, electrical appliances, furniture,
hardware, tools, dies, patterns, scientific instruments, jewelry,
time pieces, optical goods, musical instruments, toys, tobacco products,
drugs and dog kennels.
[Amended 12-30-2002 by Ord. No. 02-32]
(3)
Warehousing, trucking and distributing; laundering,
cleaning and dyeing; sale of fuel oil and monuments; metalsmithing,
welding, body repair and plating; cold storage plant and frozen food
locker.
(5)
Accessory use on the same lot with and customarily
incidental to any of the foregoing permitted uses.
(6)
A use of the same general character as any of the
foregoing permitted uses, when authorized as a conditional use by
the Planning Board if simultaneous with site plan review, otherwise
by the Board of Adjustment, provided that any use or activity which
is noxious or offensive by reason of odor, dust, fumes, smoke, gas,
vibration, noise or radiation, or which constitutes a public hazard
by fire, explosion or otherwise, shall not be permitted.
(7)
A cannabis manufacturer and wholesaler, subject to the following
conditions and when authorized as a conditional use by the Planning
Board, if simultaneous with site plan review, otherwise by the Board
of Adjustment if the Board of Adjustment has jurisdiction in accordance
with N.J.S.A. 40:55D-70d(3):
[Added 8-5-2021 by Ord.
No. 2021:22; 7-21-2022 by Ord. No. 2022:16]
(a)
Such facility shall meet all of the requirements for licensure,
and hold the appropriate Class 2 cannabis manufacturer license or
Class 3 cannabis wholesaler license issued by the Cannabis Regulatory
Commission, Department of Treasury, State of New Jersey. The required
local cannabis license must also be obtained from the Township of
Pennsauken.
(b)
The minimum lot area shall not be less than one acre.
(c)
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
(d)
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from an R1, R2 or R3 District, residential use or mixed use
containing residential uses, as measured in a straight line from the
nearest two points of the property lines.
(e)
Shall not be located within 500 feet of the property line of
any existing church or house of worship or any existing public park,
playground, or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
(f)
No facility may permit on-site consumption of cannabis or cannabis
products.
(g)
No outside storage of any cannabis, cannabis products or cannabis
paraphernalia shall be permitted.
(h)
Off-street parking shall be provided at a ratio of one space
for every 200 square feet of gross floor area.
(i)
Shall not be located within 1,000 feet of the right-of-way of
U.S. Route 130.
(j)
Blinking or flashing lights shall be prohibited.
(k)
Shall be in full conformance with the signage requirements of this
chapter.
(l)
All other provisions that are applicable to the zone district and
not in conflict with the foregoing conditional use requirements shall
apply; provided, however, that such provisions shall not be applied
as conditional use requirements.
(8)
A cannabis retailer, subject to the following conditions and when
authorized as a conditional use by the Planning Board, if simultaneous
with site plan review, otherwise by the Board of Adjustment if the
Board of Adjustment has jurisdiction in accordance with N.J.S.A. 40:55D-70d(3):
[Added 8-5-2021 by Ord.
No. 2021:22; 7-21-2022 by Ord. No. 2022:16]
(a)
Such facility shall meet all requirements for licensure, and
hold the appropriate Class 5 cannabis retailer license issued by the
Cannabis Regulatory Commission, Department of Treasury, State of New
Jersey. The required local cannabis license must also be obtained
from the Township of Pennsauken.
(b)
The minimum lot area shall be not less than one acre.
(c)
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
(d)
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from an R1, R2 or R3 District, residential use or mixed use
containing residential uses, as measured in a straight line from the
nearest two points of the property lines.
(e)
Shall not be located within 500 feet of the property line of
any existing church or house of worship or any existing public park,
playground, or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
(f)
No facility may permit on-site consumption of cannabis or cannabis
products.
(g)
No outside storage of any cannabis, cannabis products or cannabis
paraphernalia shall be permitted.
(h)
Off-street parking shall be provided at a ratio of one space
for every 100 square feet of gross floor area, with the addition of
one parking space for each employee to be present at time of peak
staffing.
(i)
Shall not be located within 1,000 feet of the right-of-way of
U.S. Route 130.
(j)
Blinking or flashing lights shall be prohibited.
(k)
Shall be in full conformance with the signage requirements of this
chapter.
(l)
All other provisions that are applicable to the zone district and
not in conflict with the foregoing conditional use requirements shall
apply; provided, however, that such provisions shall not be applied
as conditional use requirements.
(9)
A
medical cannabis dispensary, subject to the following conditions and
when authorized as a conditional use by the Planning Board if simultaneous
with site plan review, otherwise by the Board of Adjustment if the
Board of Adjustment has jurisdiction in accordance with N.J.S.A. 40:55D-70d(3):
[Added 7-21-2022 by Ord. No. 2022:16]
(a)
Such facility shall meet all requirements for licensure and
hold a valid permit from the Cannabis Regulatory Commission, Department
of Treasury, State of New Jersey.
(b)
The minimum lot area shall be not less than one acre.
(c)
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
(d)
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from a R1, R2 or R3 District, residential use, or mixed use
containing residential uses, as measured in a straight line from the
nearest two points of the property lines.
(e)
Shall not be located within 500 feet of the property line of
any existing church or house of worship or any existing public park,
playground or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
(f)
No facility may permit on-site consumption of medical cannabis
or medical cannabis products.
(g)
No outside storage of any medical cannabis, medical cannabis
products or medical cannabis paraphernalia shall be permitted.
(h)
Off-street parking shall be provided at a ratio of one space
for every 100 square feet of gross floor area, with the addition of
one parking space for each employee to be present at time of peak
staffing.
(i)
Shall not be located within 1,000 feet of the right-of-way of
U.S. Route 130.
(j)
Blinking or flashing lights shall be prohibited.
(k)
Shall be in full conformance with the signage requirements of
this chapter.
(l)
A security plan shall be submitted for the review and approval
of the Pennsauken Township Committee and the Pennsauken Township Police
Department. The security plan shall demonstrate how the facility will
maintain effective security and control of operations. At a minimum,
it shall identify the type and manner of twenty-four-hour security,
tracking and recordkeeping of products and materials, surveillance
systems to be utilized, and whether any armed security will be on
premises. No application to develop a medical cannabis dispensary
shall be approved without a security plan that has been reviewed and
approved by the Pennsauken Township Committee and the Pennsauken Township
Police Department.
(m)
All other provisions that are applicable to the zone district
and not in conflict with the foregoing conditional use requirements
shall apply; provided, however, that such provisions shall not be
applied as conditional use requirements.
B.
Height regulations. The maximum height of buildings
or other structures shall be 65 feet, provided that buildings may
exceed such height if, for every one foot in excess of 65 feet in
height there shall be added one foot of depth or width to each required
yard.[1]
[1]
Editor's Note: Editor's Note: The height requirements as they apply to the Crossroads Overlay District were amended 12-10-2007 by Ord. No. 07-36. See § 141-85.2B(7).
C.
Area, width, yard and coverage regulations.[2]
(1)
Minimum lot area and width. A lot area of not less
than one acre and a lot width of not less than 200 feet at the building
line shall be provided for every use permitted in this district.
(2)
Yard regulations.
(a)
Front yard. There shall be a front yard on each
lot the depth of which shall be not less than 40 feet.
(b)
Side yards.
[1]
There shall be two side yards on each lot the
depth of each of which shall be not less than 15 feet for every interior
lot.
[2]
For each corner lot there shall be two side
yards, the side yard not abutting a street being not less than 15
feet in width, and the side yard abutting a street having a width
not less than 35 feet.
(c)
Rear yard. There shall be a rear yard on each
lot the depth of which shall be not less than 25 feet.
(3)
Coverage regulations. The maximum coverage on any
lot shall be in accordance with the following:
|
Lot Area
(acres)
|
Maximum Building Coverage
|
Maximum Lot Coverage
| |
|---|---|---|---|
|
1 to 2
|
50%
|
85%
| |
|
Over 2 to 5
|
55%
|
80%
| |
|
Over 5
|
60%
|
75%
|
[2]
Editor's Note: The area, width, yard and coverage requirements as they apply to the Crossroads Overlay District were amended 12-10-2007 by Ord. No. 07-36. See § 141-85.2B(7).
D.
Outdoor storage of materials and products. Outdoor
storage of materials and products shall not be permitted in a front
yard or a side yard abutting a street, but may be permitted elsewhere
on the lot if screened from view from any point off the premises by
means of a wall, planting or opaque fence.
E.
Ingress and egress to and from the lot. Off-street
parking and loading facilities shall be so arranged that it will not
be feasible for vehicles to be backed from such areas directly into
a public street, and all entrances and exits shall be provided with
vehicular deceleration and acceleration lanes approved as a part of
site plan review.
F.
Planning Board approval. For any permitted use, the
Planning Board shall approve the site plan prior to the issuance of
a construction permit and prior to the issuance of a use and occupancy
permit where the new use involves an increase in off-street parking
or a change in surface drainage.
In HI Heavy Industrial Districts, the following
regulations shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any lawful purpose not
elsewhere in this chapter prohibited, except that:
(1)
No dwelling shall be permitted, except that living
quarters for caretakers and watchpersons shall be permitted when employed
on the premises.
(2)
No private dump or automobile graveyard shall be permitted.
(3)
Any of the following uses when authorized as a conditional
use by the Planning Board if simultaneous with site plan review, otherwise
by the Board of Adjustment if the Board of Adjustment has jurisdiction
in accordance with N.J.S.A. 40:55D-70d(3):
[Added 8-5-2021 by Ord.
No. 2021:22; amended by 7-21-2022 by Ord. No. 2022:16]
(a)
Manufacture, processing or storage of explosives,
paint, gas or petroleum.
(b)
Abattoirs, breweries, meat-packing, tanning
and curing of leather, rawhides or skins and manufacture or processing
of fertilizer, wood pulp, disinfectants or soap.
(c)
Limekilns, manufacture of cement or asphalt
and municipal waste reduction.
(d)
Manufacture or processing of rubber products.
(e)
Any other use which is or may be in comparable
degree to any of the foregoing noxious or offensive by reason of odor,
dust, fumes, smoke, gas, vibration, illumination or noise, or which
is or may be dangerous to the public health, welfare or safety, or
which constitutes a hazard by reason of fire, explosion or otherwise;
and any applicant for conditional use for any of the above uses shall
show to the satisfaction of the Board of Adjustment that provision
is made to adequately reduce, minimize or preclude an objectionable
feature in the particular location, the noxious, offensive, dangerous
or hazardous feature or features thereof, or the entire use itself,
as the case may be.
(f)
A cannabis manufacturer and wholesaler, subject to the following
conditions:
[1]
Such facility shall meet all of the requirements for licensure,
and hold the appropriate Class 2 cannabis manufacturer license or
Class 3 cannabis wholesaler license issued by the Cannabis Regulatory
Commission, Department of Treasury, State of New Jersey. The required
local cannabis license must also be obtained from the Township of
Pennsauken.
[2]
The minimum lot area shall be not less than one acre.
[3]
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
[4]
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from an R1, R2 or R3 District, residential use or mixed use
containing residential uses, as measured in a straight line from the
nearest two points of the property lines.
[5]
Shall not be located within 500 feet of the property line of
any existing church or house of worship, or any existing public park,
playground or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
[6]
No facility may permit on-site consumption of cannabis or cannabis
products.
[7]
No outside storage of any cannabis, cannabis products or cannabis
paraphernalia shall be permitted.
[8]
Off-street parking shall be provided at a ratio of one space
for every 200 square feet of gross floor area.
[9]
Blinking or flashing lights shall be prohibited.
[10]
Shall be in full conformance with the signage requirements of this
chapter.
[11]
All other provisions that are applicable to the zone district and
not in conflict with the foregoing conditional use requirements shall
apply; provided, however, that such provisions shall not be applied
as conditional use requirements.
(g)
A cannabis retailer, subject to the following conditions:
[1]
Such facility shall meet all requirements for licensure, and
hold the appropriate Class 5 cannabis retailer license issued by the
Cannabis Regulatory Commission, Department of Treasury, State of New
Jersey. The required local cannabis license(s) must also be obtained
from the Township of Pennsauken;
[2]
The minimum lot area shall be not less than one acre.
[3]
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
[4]
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from an R1, R2 or R3 District, residential use or mixed use
containing residential uses as measured in a straight line from the
nearest two points of the property lines.
[5]
Shall not be located within 500 feet of the property line of
any existing church or house of worship or any existing public park,
playground or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
[6]
No facility may permit on-site consumption of cannabis or cannabis
products.
[7]
No outside storage of any cannabis, cannabis products or cannabis
paraphernalia shall be permitted.
[8]
Off-street parking shall be provided at a ratio of one space
for every 100 square feet of gross floor area, with the addition of
one parking space for each employee to be present at time of peak
staffing.
[9]
Blinking or flashing lights shall be prohibited.
[10]
Shall be in full conformance with the signage requirements of this
chapter.
[11]
All other provisions that are applicable to the zone district and
not in conflict with the foregoing conditional use requirements shall
apply; provided however, that such provisions shall not be applied
as conditional use requirements.
(h)
A medical cannabis dispensary, subject to the following conditions:
[1]
Such facility shall meet all requirements for licensure and
hold a valid permit from the Cannabis Regulatory Commission, Department
of Treasury, State of New Jersey.
[2]
The minimum lot area shall be not less than one acre.
[3]
Shall not be any closer than 1,000 feet from any public or nonpublic
school or preschool or child-care center, alcohol or drug abuse recovery
or treatment facility, behavioral health care facility or residential
medical detoxification center, as measured in a straight line from
the nearest two points of the property lines.
[4]
Shall not be any closer than 350 feet from the R4 and R5 Districts;
400 feet from a R1, R2 or R3 District, residential use, or mixed use
containing residential uses, as measured in a straight line from the
nearest two points of the property lines.
[5]
Shall not be located within 500 feet of the property line of
any existing church or house of worship or any existing public park,
playground or other publicly owned recreational facility, as measured
in a straight line from the nearest two points of the property lines.
[6]
No facility may permit on-site consumption of medical cannabis
or medical cannabis products.
[7]
No outside storage of any medical cannabis, medical cannabis
products or medical cannabis paraphernalia shall be permitted.
[8]
Off-street parking shall be provided at a ratio of one space
for every 100 square feet of gross floor area, with the addition of
one parking space for each employee to be present at time of peak
staffing.
[9]
Blinking or flashing lights shall be prohibited.
[10]
Shall be in full conformance with the signage
requirements of this chapter.
[11]
A security plan shall be submitted for the review
and approval of the Pennsauken Township Committee and the Pennsauken
Township Police Department. The security plan shall demonstrate how
the facility will maintain effective security and control of operations.
At a minimum, it shall identify the type and manner of twenty-four-hour
security, tracking and recordkeeping of products and materials, surveillance
systems to be utilized, and whether any armed security will be on
premises. No application to develop a medical cannabis dispensary
shall be approved without a security plan that has been reviewed and
approved by the Pennsauken Township Committee and the Pennsauken Township
Police Department.
[12]
All other provisions that are applicable to the
zone district and not in conflict with the foregoing conditional use
requirements shall apply; provided, however, that such provisions
shall not be applied as conditional use requirements.
(5)
Accessory use on the same lot with and customarily
incidental to any of the foregoing uses specifically permitted.
D.
Outdoor storage of materials and products. Outdoor
storage of materials and products shall be permitted in all areas
of the lot except the front yard.
G.
Conditions for HI Zone for use regulations under Subsection A(3)(a) for the manufacturing, processing or storage of gas or petroleum shall be limited to sites that have previously been used for the storage of gas or petroleum and for which site remediation cannot feasibly or economically restore the site environmentally to residential standards in accordance with New Jersey Department of Environmental Protection standards.
[Added 5-23-2018 by Ord.
No. 2018:07]
[Added 11-25-1981 by Ord. No. 81-32]
It is the purpose of this zone to provide areas for the use or erection of buildings and use or occupancy of lots for professional and business office buildings. Within this zone, no lot or building shall be used and no building shall be erected or altered to be used in whole or in part unless it complies with the area, width, yard and lot requirements of § 141-81C and the following regulations. In P-1 Professional Office Zones, the following regulations shall apply:
A.
Use regulations. A building may be erected, altered
or used and a lot may be used or occupied for any of the following
purposes, and no other:
(1)
An office may include real estate offices, insurance
offices, banking and financial offices, offices for manufacturer's
representatives, offices of medical and dental practitioners and similar
business or professional offices.
E.
Buffer strips.
(1)
Applicability. All lots or parts of lots in the C-1
and P-1 Zones that are improved with a predominantly nonresidential
use and whose side or rear lines are adjacent to a residential zone
shall be screened from such residential zone by landscaped buffer
strips or other such screening along said side or rear lines as may
be approved by the Planning Board.
(2)
General regulations.
(a)
Within required buffer areas, a solid and continuous
landscape screen shall be planted and maintained. Said landscaping
shall consist of massed evergreen or a combination of evergreen and
deciduous trees of at least five feet in height, so as to continually
restrict a clear view beyond said buffer strip.
(b)
The required height of the buffer strip shall
be measured in relation to the elevation of the edge of the adjacent
area to be screened. In such cases as the ground elevation of the
location at which the screen is to be planted is less than the elevation
of the edge of the adjacent area, the required height of the screen
shall be increased in an amount equal to said difference in elevation.
In the event that the ground elevation of the location at which the
screen is to be planted is greater than that at the edge of the adjacent
area, the required height of the screen may be reduced in an amount
equal to said difference in elevation, provided that in no case shall
the required height be reduced more than two feet.
(c)
The entire buffer strip shall be at least six
feet in width and shall be graded and planted with grass seed or sod
and such other shrubbery or trees as may be desired by the owner.
The entire area shall be attractively maintained and kept clean of
all debris and rubbish. When a buffer strip is required for a restaurant
use said buffer strip shall be 12 feet in width.
(d)
In the event that any of the plantings in accordance
with the above requirements do not live, they shall be replaced within
one year.
(e)
The certificate of occupancy for the use of
the premises shall not be issued until such time as the landscaping
requirements, buffer strips and/or other approved dividers, as required
by this chapter and as approved by the Planning Board, are either
actually installed in full compliance herewith or, in the event that
the season is not appropriate, a performance guaranty of 125% of the
cost, as estimated by the Township Engineer, has been deposited with
the Township Building Inspector. Such guaranty shall be in the form
of cash, and the depositor shall agree in making the deposit that,
if performance is not completed within the time specified by the Building
Inspector on the receipt delivered to the depositor, the Township
may complete the requirements charging the cost against the deposit;
otherwise, the deposit shall be returned in full after the satisfactory
completion of the work.
(f)
In required buffer areas where a natural buffer
strip is considered by the Planning Board to be impracticable or inappropriate,
an opaque fence may be substituted in whole or in part for a natural
buffer, provided that its specifications are approved by the Planning
Board.
[Added 5-22-2002 by Ord. No. 02-10]
It is the purpose of this district to provide
extraordinary opportunities for redevelopment consistent with the
redevelopment plan for this area.
[Added 5-22-2002 by Ord. No. 02-10]
It is the purpose of this district to provide
extraordinary opportunities for redevelopment consistent with the
redevelopment plan for this area.
A.
Permitted uses:
(2)
Office buildings.
(3)
Sports arenas.
(4)
Hotels/conference centers.
(5)
Restaurants [see § 141-82A(16)].
[Amended 12-10-2007 by Ord. No. 07-36]
(6)
Convention centers.
(8)
Buildings and groups of buildings containing
any combination of the above.
(9)
Accessory uses [see § 141-81A(6)].
[Added 8-28-2002 by Ord. No. 02-27]
(10)
Signs: see § 140-86A(1), except as
noted below:
[Added 12-10-2007 by Ord. No. 07-36]
B.
Bulk regulations:
(6)
(7)
Mixed use: see § 141-83C, except as noted below:
[Amended 12-10-2007 by Ord. No. 07-36]
(a)
Maximum height: 100 feet.
(b)
The lot area of one acre is deleted.
(c)
Lot width at the building line: 50 feet.
(d)
Front yard setback: 15 feet.
(e)
Side yard corner lots (two required) for side
yards not abutting the street: 10 feet.
(f)
Side yard corner lots (two required) abutting
the street: 10 feet, with parking in the front yard: 40 feet.
(g)
Rear yard setback: 10 feet; with parking in
the front yard: 40 feet.
(h)
Maximum building coverage: 65%.
(i)
Maximum lot coverage: 80%.
Any sign erected or maintained after the effective
date of this chapter shall conform to the following regulations:
A.
Types and area of signs. A sign shall include banners,
streamers, whirling or lighting devices or any other type of attention-attracting
device and may be a single-faced, double-faced or a V-type structure.[1]
(1)
Business sign. A sign which directs attention to a
business or commodity for sale, or a profession, service or entertainment
rendered or offered upon the premises where such sign is located.
(2)
Billboard. A sign, in excess of 24 square feet in
area, which directs attention to a business, commodity, service, entertainment
or facility not located, conducted, sold or offered upon the premises
where such sign is located.
(a)
The term "digital billboards" references those
using digital technology to create an advertising message which in
all other ways conforms to the requirements of this section. Digital
billboards shall contain no animation or other moving features or
contain any other effects that would make the advertising message
appear unlike traditional existing billboards, it being the understanding
of the Mayor and Township Committee that digital billboards will allow
the owner or operator of the billboard to change advertising content
without replacing paint, paper or other materials incident to traditional
billboards.
[Added 7-25-2007 by Ord. No. 07-24]
(3)
Flashing sign. Any illuminated sign on which the artificial
light is not maintained stationary and constant in intensity or color
at all times when such sign is in use, including but not limited to
moving, rotating, flashing, oscillating, shuttered or similar signs.
(4)
Directional sign. A sign containing no advertising
other than a name, either temporary or permanent, which served as
a convenience to the public to show direction to a place or activity.
(5)
Campaign sign. A temporary sign advertising the name
of a candidate for election, including the name of a political party.
(6)
Temporary sign. A sign erected for a relatively short
period of time, which period shall be terminated by the work, event,
sale of the premises or product advertised or occurrence of the event
to which it refers, and in all respects the same as a sign which is
not temporary insofar as matters of location, construction and public
safety are concerned.
(7)
Illuminated sign. Any sign which is designed to be
seen at night by virtue of artificial light from within, behind or
upon such sign, but not including reflector-type signs unless the
source of light is made a part of, or is related to, such sign.
(8)
Sign area. The gross area within a single continuous
perimeter enclosing the extreme limits of such sign. However, such
perimeter shall not include any structural elements lying outside
the limits of such sign and not forming an integral part of the display
unless such structural elements are purposely illuminated to form
a part of the display. In the case of an open sign, made up of individual
letters, figures or designs, the space between such letters, figures
or designs shall be included. In computing the area of a double-faced
sign, only one side shall be considered, provided that both sides
are identical, and a V-type sign the interior angle of which is less
than 45º shall be considered a double-faced sign. A V-type sign
the interior angle of which is greater than 45º shall not be
deemed to be a double-faced sign, and both sides shall be computed
as sign area.
(9)
Wall sign. A sign attached to or painted on a wall
and subject to all sign regulations herein.
[1]
Editor's Note: Sign regulations as they apply to the Crossroads Overlay District were amended 12-10-2007 by Ord. No. 07-36. See § 141-85.2A(10).
B.
Signs in residential districts. The following signs
may be erected and maintained in residential districts, subject to
the conditions specified:
(1)
One nonilluminated nameplate not exceeding one square
foot in area announcing the name and address of the occupants of the
residence.
(2)
One professional sign of a physician, dentist, healer,
justice of the peace or person conducting a home occupation on the
premises, having no greater dimension than 18 inches by nine inches
which sign may be illuminated.
(3)
One bulletin board not exceeding 24 square feet in
area for a place of worship, school, clinic or a public or semipublic
institution, which sign may be illuminated by nonflashing, uncolored,
diffused or indirect lighting, and such sign shall be set back at
least 1/3 the distance of any required yard from any property line.
(4)
One nonilluminated real estate "for sale" or "for
rent" sign not exceeding six square feet in area; corner lots may
have one of such signs on each street frontage.
(5)
"No trespassing" signs and signs indicating private
ownership of a property or a road, not exceeding 1 1/2 square feet
in area.
(6)
One incidental sign shall be permitted for any multifamily
dwelling in which a business or rental office is located, which sign
shall have an area not exceeding two square feet; and, in addition,
one sign announcing the name of the multifamily dwelling project having
an area not exceeding eight square feet, which sign may be illuminated
with nonflashing, uncolored, diffused or indirect light.
(7)
Temporary signs of contractors, mechanics, painters
and artisans, erected and maintained on the premises during the duration
of the work only, one such sign per trade, each having an area of
not more than eight square feet; and provided, however, that each
such sign shall be removed promptly upon completion of the work to
which it refers, and such signs shall not be illuminated.
(8)
For advertising on the premises the sale or development
of property within a subdivision the record plat of which contains
less than 10 lots, one sign for the entire subdivision not more than
15 square feet in area; and, where the record plat of which contains
10 or more lots, two signs for the entire subdivision each not more
than 25 square feet in area; provided, however, that neither or none
of such signs shall be illuminated.
C.
Signs in commercial districts. The following signs
may be erected and maintained in commercial districts, subject to
the conditions specified:
(1)
Any sign permitted in residential districts: provided,
however, that real estate "for sale" and "for rent" signs may be increased
to an area not exceeding 12 square feet for each street frontage.
(2)
Business signs or signs for any permitted commercial
activity. A sign may be erected and maintained on the same building
or premises as the use to which it refers, provided that:
(a)
The number of such signs shall not exceed two
in C-1 Commercial Districts and four in C-2 Commercial Districts.
(b)
The maximum total area of all permitted signs
shall not exceed an area equal to two square feet for every one lineal
foot of building frontage; and signs shall be permitted on a building
wall or roof; provided, however, that no sign shall extend higher
above the building height, as defined herein, than four feet.
(c)
Temporary window signs shall not be considered
in computing the allowable sign area, provided that such interior
window signs do not cover more than 10% of any single window and are
not permanently affixed to the windows.
(d)
In the case of four or more retail establishments
arranged as a shopping center, one additional ground sign shall be
permitted, for the entire group of such establishments, having not
more than 50 square feet in area and extending not more than 10 feet
above the maximum permitted building height in the district in which
it is located.
(3)
Billboards shall be permitted as conditional uses
in the C-I, C-2, T-1 and HI Zones if the following conditions are
met:
[Added 9-25-2002 by Ord. No. 02-28;
amended 1-29-2003 by Ord. No. 03-01; 5-11-2005 by Ord. No. 05-01]
(a)
That the billboards be located only on properties
abutting Routes 130, 73, 38, 70, 90 or 30 and that no support post
or sign face shall be closer than 10 feet from the right-of-way line
of said roadways;
(b)
That they be located on property abutting any
of the following described areas abutting the above roadways.
[1]
On Route 130 from the Township boundary line
with the Borough of Collingswood, north to the intersection of Route
130 and Marlton Pike and further, from the Township boundary line
with the Township of Cinnaminson, south, to the conjunction of Route
130 and Commerce Highway.
[2]
On Route 73 from the Township boundary line
with the Borough of Palmyra, generally east to the Township boundary
line with the Township of Cinnaminson.
[3]
On Route 38 from its starting point at the Airport
Circle, generally east to the northerly property line of that property
identified on the Municipal Tax Map as Block 6208, Lot 1.
[4]
On Route 70 from its beginning at the Airport
Circle, generally east to its intersection with McClellan Boulevard.
[5]
On Route 90 for its entire length through the
Township.
[6]
On Route 30 (Admiral Wilson Boulevard) from
its starting point at the Airport Circle, generally west to the Township
boundary line with the City of Camden.
(c)
No portion of any billboard shall be located
within 250 feet of any residential zone or residential use, and the
distance allowed from any billboard to any other billboard shall be
not less than 750 feet, measured in all directions from any point
on the billboard or pole. Where a property within 250 feet contains
a mixed use which includes a residential use, the residential use
may be ignored if the residential use is inconsequential.
(d)
That the maximum size of each sign face of a
billboard shall be 14 feet high and 48 feet wide.
(e)
That the total height be as allowed for other
structures in the same zoning district as measured from the bottom
of the sign face to the top of the roadway to which the billboard
is oriented. The billboard shall be oriented only in the direction
of the permitted or allowed roadways mentioned above; that any lighting
shall be directed onto the advertising surface of the billboard.
(f)
That no billboard shall be constructed on any
other structure, and that all billboards be supported by a single
pole affixed to or embedded into the ground and that shall be suitably
landscaped to include:
[1]
Evergreen species planted adjacent to the support
at a planting height of at least 25% of the pole height and a variety
selected to grow to reach a maximum height of at least 50% of the
pole height; and
[2]
The flowering materials such as annuals or perennials
be used as bedding around the evergreens; and
[3]
All landscaping shall be maintained by the owner
of the billboard; and
[4]
The area of the landscaping shall not be less
than 20 feet by 20 feet.
(g)
That all billboards shall likewise conform with
all other state regulations and rules governing billboards, including
the requirement of an off-site premises sign permit.
(h)
That no billboard shall be erected within the
clear sight triangles of any public street or road and shall not in
any manner obstruct or impede traffic safety, including ingress and
egress, nor block the view from the road or street of any traffic
sign, signal, device, directional sign or existing or proposed business
sign, logo or sign.
(i)
No billboard shall overhang any building structure.
(j)
All billboards shall be subject to site plan
review. Billboards will not be allowed on properties that already
have two uses.
(k)
That billboards will not be allowed on properties
that fail to have a minimum of 200 feet of frontage along the permitted
or allowable highways mentioned above.
D.
Signs in industrial districts. The following signs
may be erected and maintained in industrial districts, subject to
the conditions specified:
(1)
Any sign permitted in any other district, provided
that the use to which it refers is permitted in the Township.
(2)
Signs for commercial use in industrial districts shall be in accordance with the provisions of Subsection C hereinabove.
(3)
For any other permitted use, one sign to display the
name of the occupant of the premises and the activity conducted or
product produced thereon, and on the same lot therewith, which sign
shall not exceed 10 feet in height and 20 feet in length, and the
distance between the bottom of the sign and the ground shall be not
less than 10 feet.
(4)
In HI Heavy Industrial Districts, on any lot, one
billboard extending not more than 30 feet in height, such billboard
having a display area no greater than 10 feet high and 40 feet long,
the bottom of the sign not less than 10 feet above the ground, and
provided that none of the above signs shall be permitted within a
required yard, except that "entrance" and "exit" signs and the name
of the occupant on a sign having an area not greater than eight square
feet shall be permitted adjacent to any property line.
E.
General sign regulations. The foregoing regulations
to the contrary notwithstanding, the following shall apply to all
signs in the Township:
(1)
No sign shall be erected or maintained so as to prevent
free and safe ingress to and egress from any window, door or fire
escape; and no sign shall be attached to a fire escape.
(2)
No sign shall be erected or maintained at the intersection
of streets or at a driveway entrance or exit so as to obstruct free
and clear vision, and, if located near or within a direct line of
vision of any traffic control sign or signal, such sign shall have
no red, green or amber illumination.
(3)
Signs may be painted on or affixed flat against the
walls of buildings or may project therefrom not more than 14 inches,
in which case the latter shall be deemed to be projecting signs; the
lowest part of any projecting sign shall be not less than 10 feet
above the ground.
(4)
Directional signs of a public or semipublic nature,
not exceeding 10 feet in area may be erected in any district; provided,
however, that no advertising matter shall be contained thereon, which
signs may be used for the following purposes:
(a)
The name or location of a municipality, village,
community center, school, place of worship, service club and the name
and place of a meeting.
(b)
As an event of general public interest, a temporary
sign for a fair, benefit, general election, and similar event, which
signs may be erected for a period not exceeding 30 days, upon approval
of the Construction Official.
(5)
Directional signs, not exceeding two square feet in
area, referring to sample homes, openings, and the like, shall be
permitted in any district; provided, however, that such signs shall
refer to such events within the Township only, and further provided
that the spacing of such signs along a straight line shall be not
closer together than 1,000 feet, except that one sign may be placed
at each change in direction or at street intersections.
(6)
Whenever a sign becomes dilapidated or structurally
unsafe or endangers the safety of the public, a building or premises,
the Construction Official shall give written notice to the owner of
the sign or the owner of the premises upon which such sign is located,
and such sign shall be made safe, repaired or removed, as applicable,
within a period of 10 days from receipt of such written notice, otherwise
such owner shall be in violation of this chapter.
(7)
Any nonconforming use may continue to maintain such
signs as may, have existed on the effective date of this chapter,
but after such date none of such signs shall be increased in number
or total area.
(8)
No flashing sign shall be permitted in any district
of the Township.
(9)
Except as otherwise provided in this chapter, any
permitted sign, building or structure, in any district, may be illuminated,
subject to the following regulations:
(10)
Such signs as "no parking," "entrance," " exit,"
"keep off," "beware of dog," "parking" and similar devices for the
convenience or protection of the public shall not be considered in
computing total sign area on the premises.
F.
Height of signs. The regulations pertaining to maximum
height of structures in each of the various districts to the contrary
notwithstanding, the following shall prevail with respect to signs:
(1)
No ground sign shall extend above the ground to a height more than four feet above the maximum permitted building height as defined in the zoning district; provided, however, that for shopping centers containing five or more establishments, one identifying ground sign may extend to a greater height, as specified in Subsection C(2)(d) hereinabove, than four feet above the building height as defined in the district regulations, accompanied by complete working drawings when the sign extends more than 10 feet in height or the sign area exceeds 50 square feet in surface area.
G.
Sign permits, bond and license.
(1)
Permits. Any sign not requiring a permit under the Uniform Construction
Code of the State of New Jersey, a zoning permit shall be required
for all signs which exceed more than eight square feet in residential
districts and 12 square feet in other districts; provided, however,
any illuminated sign and any sign incorporated into the architectural
design of a building and made part thereof shall, as far as the permit
is concerned, regardless of size, be covered under the Uniform Construction
Code[2] of the State of New Jersey.
[Amended 12-20-2018 by Ord. No. 2018:18]
(2)
Permit fees. No sign permit shall be issued until
a sketch showing the size, location, text and owner has been indicated
in writing, together with a fee, as follows, has been submitted to
the office of the Construction Official, together with license or
bond, if required:
(a)
Signs in any district containing eight square
feet to 25 square feet shall require a permit prior to erection, and
the fee shall be $25.
(b)
Signs in any district containing more than 25
square feet up to 100 square feet shall require a permit prior to
erection, and the fee shall be $75.
(c)
All signs containing more than 100 square feet
shall require a permit prior to erection, and the fee shall be $100.
(3)
Bond or liability insurance policy and license. For
any sign in any district containing more than 100 square feet and
for any sign of any size which projects over public property, a liability
insurance policy or an indemnity bond in an amount of $10,000 payable
to Pennsauken Township and in a form satisfactory to the Township
Solicitor shall be posted by the owner or erector of such sign; and
any such sign, and any roof sign of whatever size, shall be erected
by a licensed sign erector, which license shall be issued by the Construction
Official for a period of one year, January 1 to December 31, at a
license fee of $5, and each applicant for such license shall show
proof of his or her experience and qualifications for sign erection.
H.
Temporary signs and temporary sign permits. In all
zones within the Township of Pennsauken, temporary signs may be permitted
for a period not to exceed 20 days only to promote a charitable, educational,
civic, cultural or religious special event upon application to the
office of the Construction Code Official for a temporary sign permit.
All other temporary signs are expressly prohibited.
[Added 12-15-2003 by Ord. No. 03-37]
(1)
All approved temporary signs must be removed within
24 hours after the event which is the subject of the sign.
(2)
The size material and number of signs permitted shall
conform with the requirements of permanent signs for the zone in which
the temporary signs may be located.
(3)
Only one temporary sign shall be permitted on any
individual lot.
(4)
No more than two temporary signs shall be permitted
in different locations for any one special event.
(5)
All applications for a permit for a temporary sign
shall be filed with the office of the Construction Code Official at
least 30 days prior to the date that the sign will be erected or installed.
(6)
Temporary functional signs for special events shall
not require an additional permit but shall require an approved application
for the special event.
(7)
All applications shall state the location of the temporary
sign as well as a description, including the wording, coloring and
materials to be used in the construction of the temporary sign.
(8)
All applications shall be approved by the Code Official
to insure that the health, safety and general aesthetics as they affect
nearby properties are not adversely affected.
(9)
No application for a temporary sign shall be granted
unless real estate taxes on the lot in question are paid in full as
of the date of the application.
(10)
All temporary sign applications shall be accompanied
by an application fee in the amount of $25.
(11)
Any sign erected or maintained in conflict with
this subsection shall be removed within 24 hours of written notice
of violation from the Township.
(12)
Any person who directly or indirectly by his
or her agent or representative violates any of the provisions of this
subsection shall be subject to a fine of not less than $500 and shall
be charged with all costs of removal of the offending temporary sign.
The erection, posting and placing of each individual sign shall constitute
a separate offense.
I.
Cannabis
establishments. The following additional sign regulations shall apply
to all cannabis establishments:
[Added 7-21-2022 by Ord. No. 2022:16]
(1)
One sign shall be permitted per cannabis establishment; provided,
however, that a maximum of two signs shall be permitted if a cannabis
establishment is to be located on a corner lot with frontage on two
or more public roadways.
(2)
The maximum total area of all permitted signs shall not exceed an
area equal to two square feet for every one lineal foot of building
frontage or 75 square feet, whichever is less.
(3)
Signs shall be permitted on a building wall; provided, however, that
no sign shall extend above the roofline.
(4)
Any sign located in a publicly visible location is encouraged to
display only the following information:
(5)
Signs affixed to building roofs shall be prohibited.
(6)
Banners, steamers, spinners, whirling and similar attention-attracting
devices shall be prohibited.
(7)
Portable signs shall be prohibited.
(8)
Digital signs shall be prohibited.
(9)
The foregoing sign regulations supplement and are in addition to
all other sign regulations of this code.
(10)
Where a provision in this subsection contradicts another sign
regulation of this code, the most restrictive regulation shall apply.
The following off-street parking and loading
regulations shall apply:
A.
Required off-street parking facilities. Any building
or other structure erected or used and any lot used or occupied in
any district in which the following uses may exist or be permitted
shall be provided with minimum off-street parking spaces as set forth
below, together with separate loading space if applicable and, in
addition, adequate passageways, driveways or other means of vehicular
circulation and access to and from a street or way:
(1)
Dwelling: two all-weather parking spaces per family;
provided, however, that for multifamily dwellings and townhouse dwellings,
such spaces shall be paved with four inches of gravel subbase, six
inches of quarry-blend base and two inches of FABC-1.
(2)
For any of the following uses the required spaces
shall be paved and curbed:
(a)
Church, school, public auditorium, assembly
or meeting room or other similar place for public or semipublic assembly:
one space for every four seats provided for assembly.
(b)
Stadium or theater: one space for every four
seats.
(c)
Hospital or convalescent home: one space for
every four beds, plus one space for every two employees on day shift.
(d)
Community center or library: one space for every
800 square feet of floor space in public use.
(e)
Institutional home: one space for every five
occupants, plus one for every employee on day shift.
(f)
Retail store or shop:
(g)
Shopping center: for four or more retail establishments
using common off-street parking space: 5 1/2 spaces for every 1,000
square feet of gross leasable area, as defined herein.
(h)
Department store, supermarket and large drugstore
selling a variety of merchandise, as an individual establishment and
not a part of a combination of other stores or shopping center: one
space for every 250 square feet of sales area.
(i)
Motel: one space for every rental unit, plus
one space for every employee on the day shift, plus one space for
every four seats in meeting and dining rooms.
(j)
Office building: one space for every 100 square
feet of office rental space, excluding halls and lavatories in common
usage, elevators, stairs and utility rooms.
(k)
Office space:
[1]
In a shopping center and containing offices
totaling not more than 20% of the gross leasable area contained in
the stores and offices combined, whether in a freestanding building
or not: no additional parking spaces required above that calculated
on the total gross leasable area of which the offices are a part.
[2]
When in a shopping center and containing more
than 20% of the total gross leasable area in stores and offices combined,
that gross leasable area in offices (over and above the 20%) shall
be calculated and spaces added in accordance with office building
hereinabove, in addition to the parking spaces required for the total
shopping center.
[3]
Office space not in a shopping center, whether
in a freestanding building or not: see office building hereinabove.
(l)
Restaurant, cafe, diner and tearoom: one space
for every four seating spaces for patron use, plus one space for every
employee on duty during the peak hour of the twenty-four-hour day.
(m)
Laboratory, warehouse and industrial and wholesale
establishment: one space for every one employee; or, if work shifts
are used, one space for every one employee in the two largest work
shifts combined; provided that, and in either event to allow for expansion,
there shall be sufficient unpaved ground space, if necessary, so located,
graded and maintained in grass which, when combined with the paved
area, will provide for total parking of one space for every 100 square
feet of usable building floor space, excluding lavatories and utility
rooms.
(n)
Other commercial building: one parking space
for every 300 square feet of floor area in commercial use.
(o)
Open areas used for commercial purposes: one
space for every 1,000 square feet of open area used for commercial
purposes.
B.
Location of off-street parking. Off-street parking for uses listed under the foregoing Subsection A shall be located on the same lot as the use to which it refers; provided, however, that:
(1)
Nothing in this chapter shall preclude the location
of the required off-street parking spaces for townhouse dwellings
and garden-type multifamily dwellings in common parking areas or garage
compounds off the premises on nearby lots, as long as no dwelling
served by such common parking areas or compounds shall be more than
250 feet away.
C.
Ingress and egress. Off-street parking areas shall
be so designed and so located that:
(1)
No vehicle can conveniently back out directly into
a street or way.
(2)
For single-family detached dwellings and single-family
semidetached dwellings on a corner lot, the driveways shall be located
as far away from the street intersection as possible.
(3)
Driveways for all other uses shall be located not
less than 30 feet from a street intersection, measuring from the near
side of the driveway to the near curb line of such street.
D.
Required off-street loading and unloading facilities.
In addition to required off-street parking spaces, every use permitted
in this chapter shall be provided with off-street loading and unloading
space which, except for single-family detached, single-family semidetached
and townhouse dwellings, shall be completely separate and distinct
from the required off-street parking spaces.
E.
Reduction of facilities. Facilities for off-street
parking and off-street loading and unloading existing at the effective
date of this chapter shall not subsequently be reduced to an amount
less than that required herein, and such facilities provided to comply
with the provisions of this chapter shall not subsequently be reduced
below the requirements of this chapter.
A.
Continuation. Any lawful building or other structure
and any lawful use of a building or other structure and land existing
on the effective date of this chapter which does not conform to the
provisions of this chapter shall be considered a lawful nonconforming
building, structure or use and may be continued, except as otherwise
herein provided.
B.
Extension. Any lawful nonconforming use of a portion
of a building may not be enlarged and any lawful nonconforming building
or any building of which a lawful nonconforming use is made may not
be enlarged upon the lot occupied by such building.
C.
Restoration.
[Amended 12-30-1998 by Ord. No. 98-41]
(1)
Any lawful nonconforming building or other structure
or any building or structure used for any lawful nonconforming use,
which has been involuntarily damaged or destroyed by fire, explosion,
windstorm, or other similar active cause; or by voluntary removal,
when that removal, either partial or complete, is done pursuant to
an investigation of possible or real environmental contamination to
the property or the subsurface of the property which investigation
is determined to be necessary by a licensed New Jersey environmental
professional who is making recommendations pursuant to the guidelines
established under the New Jersey Department of Environmental Protection,
County Health Department, or United States Environmental Protection
Agency, which recommendation must be in writing setting forth the
factual basis for the recommendation and opinions of the environmental
professional and must be submitted to the Construction Official at
the time of application for a demolition permit is made; or pursuant
to a cleanup of environmental contamination of the property and/or
subsurface or ground water at or below the property as may be determined
by a licensed New Jersey environmental professional who is making
recommendations pursuant to an order or guidelines established under
the Department or United States Environmental Protection Agencies,
which order or recommendation must be in writing setting forth the
factual basis for such order or recommendation and opinions of the
environmental professional and must be submitted to the Construction
Official at the time of application for a demolition permit is made;
may be reconstructed in the same location, provided that:
[Amended 12-30-1998 by Ord. No. 98-41]
(a)
The reconstructed building or structure shall
not exceed the height, area of volume of the damaged, destroyed or
removed building or structure; and
(b)
With regard to buildings or structures involuntarily
damaged or destroyed by fire, explosion, windstorm or other similar
act or cause, reconstruction shall begin within one year from the
date of damage or destruction and shall be carried on without interruption.
(2)
For purposes of this Subsection C the removal of an entire building or structure, which building or structure is part of an integrated use consisting of a two or more building complex on a property, even if that property consists of multiple lots, shall be deemed a "partial destruction" pursuant to N.J.S.A. 40: 55D-68.
D.
Abandonment. Any lawful nonconforming use of a building
or other structure or land which is abandoned or discontinued for
a continuous period of one or more years, or if the Township Committee
shall receive no written request from the owner for an extension of
such period, subsequent use of such building or structure or land
shall be in conformity with the provisions of this chapter.
E.
Nonconforming signs. Every lawful nonconforming sign
shall be discontinued and removed or changed to a conforming sign
within a period of five years from the effective date of this chapter;
provided, however, that signs which, at the effective date of this
chapter, are maintained in connection with and upon the same lot as
a lawful nonconforming use may be continued, maintained, repaired
or replaced with signs of similar size and character as long as such
nonconforming use continues, but may not be enlarged or otherwise
substantially altered, nor may the illumination or lack of illumination
thereof be changed, except in accordance with the regulations applicable
to the district in which it is located.[1]
The following provisions shall be in addition
to and shall have the same force and effect as any of the district
regulations, insofar as they may be applicable to a particular district:
A.
Public utility corporations. This chapter shall not
apply to any existing or proposed building, or extension thereof,
or to any land, used or to be used by a public utility corporation,
if, upon petition of the corporation, the Public Utility Commission
shall, after public hearing, determine that the present or proposed
situation or use of the building or land in question is reasonably
for the convenience and welfare of the public; provided, however,
that all front and side yard regulations shall be complied with.
B.
Location of gasoline service station equipment. The yard regulations of § 141-82, Article VII, C-2 Commercial Districts, to the contrary notwithstanding, a pump, light standard, air tower, water, water outlet or similar equipment of a gasoline service station, but not including signs, may be placed within a required yard abutting a street, but in no case closer to a street line than 15 feet.
C.
Reduction of lot area. No lot area shall be so reduced
that the area of any lot or the dimensions of any required yard shall
be less than herein prescribed.
D.
Modification of front yard requirements.
(1)
Where an unimproved lot is situated between two improved
lots having on each a principal building which extends into the required
front yard on each of such improved lots and has been so maintained
since the effective date of this chapter, the front yard depth of
such unimproved lot shall be the average depth of the existing front
yards on the two adjacent improved lots, notwithstanding the front
yard regulations of the district in which such unimproved lot is located.
(2)
Where an unimproved lot adjoins only one improved
lot having a principal building thereon which extends into the required
front yard of the improved lot and has been so maintained since the
effective date of this chapter, the front yard depth of the unimproved
lot shall be the average depth of the front yard existing on the adjacent
improved lot and the front yard required for the district in which
such unimproved lot is located, notwithstanding the front yard regulations
of such district.
E.
Projections into required yards. No building and no
part of a building or a porch, whether covered or uncovered, shall
be erected within or shall project into any required yard in any district
except as arranged for certain accessory use structures in the rear
yard herein; provided, however, that chimneys, cornices and buttresses,
unenclosed fire escapes, steps, bay windows and balconies may project
into any required yard.
[Amended 3-13-1991 by Ord. No. 91-2]
F.
Corner vision and driveway vision obstruction. On
any lot, no wall, fence or sign or other structure shall be erected
or maintained, and no hedge, tree or shrub or other growth shall be
maintained, which may cause danger on any street, or into any street
from any driveway, by obscuring the view of any driver of a vehicle
or of any pedestrian.
G.
Fences and walls.
[Amended 10-15-1979 by Ord. No. 79-29; 1-14-1981 by Ord. No. 838]
(1)
In all residential districts (R-1 through R-5), no
fence or freestanding wall over six feet in height shall be erected
in the rear or side yard, and no wall or fence shall be erected closer
than 20 feet zero inches to the front building line.
[Amended 7-14-1982 by Ord. No. 82-18; 9-12-1983 by Ord. No. 83-38; 6-25-1984 by Ord. No. 84-14]
(2)
In all other zoning districts, no fence or freestanding
wall shall be erected unless that portion of such fence or wall which
extends higher than six feet has a ratio of open area to solid area
of at least four to one, or 4:1.
(3)
Fences and walls incident to swimming pools shall be governed by § 141-89K(5) of this chapter.
(4)
On any lot, no post of a fence shall be erected facing
the property owner's neighbor adjacent thereto, and the fence post
must be placed three inches inside the property line of the applicant
requesting a permit for a fence.
[Added 2-8-1989 by Ord. No. 89-3]
H.
Accessory uses. Accessory uses authorized in this
chapter shall include, but shall not be limited to, the following:
(1)
Uses accessory to agriculture: greenhouse, orchard,
propagation and growing of plants, including the sale of products
grown on the premises.
(2)
Uses accessory to dwelling:
(a)
Private garage, private parking spaces, shelter
for pets, private swimming pool and bathhouse, quarters for guests
and domestic servants and attached wood decks.
[Amended 2-8-1989 by Ord. No. 89-4]
(b)
Such home occupations as a professional office
or studio for a doctor, teacher, artist, musician, lawyer, engineer,
architect, magistrate or practitioner of a similar character, as well
as a carpenter, cabinetmaker, machinist, painter, plumber and similar
trades, provided that no goods or materials are stored or displayed
out of doors, and further provided that such professions, occupations
and trades shall be carried on only by persons living on the premises.
(c)
Antennas for television and radio reception,
and pole, mast, tower or similar structure erected and operated by
a person who is a licensed radio operator.
(d)
[1]With the passage of Ordinance No. 05-27, the Development Regulations conformed to N.J.S.A. 40:55D-68.4, 68.5 and 68.6. In addition, it is ordained by the Township Committee of the Township of Pennsauken that a handicapped citizen who is the owner of a single-family dwelling which is his/her primary residence may rent or lease one room within the dwelling, together with general use associated with the dwelling. The ability of the handicapped citizen to rent one room is dependent upon his/her ability to furnish adequate documentation to the Building Department of the Township of Pennsauken of his/her disability and that his/her income is derived from Social Security Disability Insurance. Once it has been determined that the handicapped citizen may rent, this dwelling is subject to Chapter 251, Rental Units, Article II, Registration and Licensing.
[Added 5-21-2008 by Ord. No. 08-12]
[1]
Editor's Note: Former Subsection H(2)(d),
pertaining to the renting of rooms, was repealed 9-28-2005 by Ord.
No. 05-27 to bring the Code in conformance with N.J.S.A. 40:55D-68.4,
68.5 and 68.6.
(3)
Accessory uses to business and industry: customary
temporary storage of materials in transit or being delivered, gatehouses,
watchmen's quarters and employee recreation facilities, provided that
the shipping vehicle shall remain on the premises no longer than 48
hours.
(4)
Accessory uses to public park: customary recreational,
refreshment and service uses and buildings in any public park, playground
or other recreational area.
I.
Prohibited uses. The following uses shall be prohibited
in all districts:
(1)
Automobile body graveyard; dump or sanitary landfill
unless authorized by the Township Committee; and junkyard, unless
screened from view from any point off the premises by a wall or fence.
(2)
The overnight parking in a residential district of
any vehicle used for the delivery of fuel oils or gasoline.
(3)
The use of any land designated on the Township tax
rolls as "cemetery" for any residential, commercial, industrial or
other use than for the interment of bodies and activities customarily
incidental to the conduct of a cemetery.
(4)
To prohibit the dumping of all hazardous wastes to
include atomic, nuclear, radioactive and similar materials and properties.
(5)
To prohibit, unless authorized by the Township Committee,
the processing or disposal of all hazardous and toxic materials or
wastes, to include pesticides, chemicals, petroleum and other hazardous
or toxic materials as defined by the New Jersey Department of Environmental
Protection, Division of Solid Wastes, and by the Federal Environmental
Protection Agency.
(6)
To prohibit the dumping of all biodegradable wastes
in all districts of those materials and properties which without supervision
would cause harm and be dangerous to the public welfare, health and
safety.
(7)
The use of any land or existing building or the construction
of any new building for use as a correction facility or prison.
[Added 11-28-1990 by Ord. No. 90-41]
J.
Development plan standards for townhouses, multifamily
dwellings, commercial and industrial uses.
(1)
Townhouses. The following standards and information
shall be met and shown on the site plan at a scale of one inch equals
not more than 20 feet:
(a)
Not more than eight townhouses shall be attached
to form a single group.
(b)
End townhouses of a group may be oriented in
a different direction from those comprising the interior of the group
to achieve variety, but this shall not be deemed a requirement.
(c)
Off-street parking shall be provided in accordance with § 141-87 herein and shall be located or arranged in any of the following ways:
[1]
In conveniently located interior parking compounds
or lots, each joint parking area serving not more than six groups
of townhouses and so arranged on the development plan as to provide
generally equal access to all groups.
[2]
Within an interior street, at right angle to
the property line and opposite the townhouses served, provided that
each group or parking spaces shall not extend continuously along a
street, but shall extend in total width no more than the overall length
of the townhouse group served by such parking spaces.
(d)
There shall be a density not exceeding 10 townhouses
per acre.
(e)
The development plan shall indicate a typical
townhouse group, showing proposed variety in roofline, color and construction
materials of the facades and front setback within the group, together
with method of providing off-street parking for that group.
(2)
Multifamily dwellings. Typical architectural elevations
of buildings showing heights and spacing of buildings and relationship
to property lines shall be submitted, as well as a site plan for the
entire lot at a scale of one inch equals not more than 20 feet, showing:
(a)
Layout of all buildings, driveways, off-street
parking, walks, yards, and open space for recreation for tenants residing
on the lot, indicating the total lot area, the number of dwelling
units proposed thereon and the height of typical buildings.
(b)
The site plan shall show all information required in Article VI herein, as well as swimming pools and recreation apparatus and all required planting, screens, existing trees to be saved, proposed grading and proposed planting of trees and shrubs.
(c)
For garden-type apartments, the following standards
shall apply:
[1]
Not more than three buildings shall be attached,
and courts shall be enclosed on not more than three sides.
[2]
The minimum distance between buildings shall
be:
[a]
Three times the height of the taller
of two buildings where any part of either building faces upon the
other building, but in no case less than 60 feet between such buildings.
[b]
Two times the height of the taller
of two buildings where any part of either building backs upon the
other building, but in no case less than 45 feet between such buildings.
[c]
The height of the taller of two
buildings where any part of either building abuts end to end with
the other, but in no case less than 20 feet between ends of such buildings.
[3]
Length. The overall dimension in a single direction
of any combination of attached buildings shall be not more than 200
feet.
(d)
For high-rise apartments, the following standards
shall apply:
(3)
Commercial buildings and groups thereof. The following
information shall be shown on a site plan at a scale of one inch equals
not more than 20 feet, or in another appropriate form, as applicable;
(4)
Industrial uses. The site plan shall be at a scale of one inch equals not more than 40 feet and shall show all information required in Article VI herein, as well as the expected number of employees, provided that, for all of the above permitted uses, sufficient plans and other details shall be submitted as necessary for the Construction Official to review in connection with application for construction permits.
K.
A swimming pool is deemed to be a structure, by this
chapter, whether above, below or partially below ground level, in
excess of 18 inches in depth, designed to contain water, and at least
eight feet in diameter, width or length measured to and from the water's
edge and, in all respects, shall comply with the following regulations:
[Added 1-14-1981 by Ord. No. 80-38]
(1)
Construction permits and registration.
(a)
Construction permits shall be required for the
erection, construction or placement of all swimming pools, and registration
shall be required for all swimming pools existing on the effective
date of this chapter for which a construction permit or registration
was not previously issued, and applications for such permits and registration
shall be accompanied by a site plan, drawn to scale, showing thereon
or accompanied by the following:
[1]
Any dwelling on the lot or other buildings,
as well as fences, walls, walks, paved areas and property lines, together
with the name and address of the property owner shown thereon;
[2]
On adjacent properties, all dwellings or other
buildings, fences, walls and paved areas, together with the names
and addresses of property owners or tenants;
[3]
The type, height and location of the fence or
other enclosure, required herein, which is or will be around the swimming
pool;
[4]
The zoning district in which the property is
located;
[5]
A copy of any variance or conditional use which
may have been granted in connection with the swimming pool; and
[6]
An application fee of $20 which shall cover
possible changes made in or around the pool.
(b)
No construction permit shall be issued and no
existing pool shall be used where any proposed or existing swimming
pool is in violation with any building, plumbing, zoning, electrical
or other applicable codes or ordinances of the Township of Pennsauken.
(2)
Location of swimming pools.
(a)
No swimming pool shall be located closer to
the foundation wall of a dwelling than 15 feet or closer to any property
line than a distance equal to one and one-half (1 1/2) times the depth
of the deepest part of the swimming pool, notwithstanding the depth
or width of any applicable required yard.
[Amended 5-11-1994 by Ord. No. 94-30]
(b)
No decks, walks, aprons or other appurtenances
of a swimming pool shall be closer than five feet to a dwelling, other
structure or property line, but bathhouses and other buildings shall
abide by the yard requirements of the district.
(3)
Drainage of swimming pools.
(a)
No swimming pool drain or overflow outlet shall
be connected with any sanitary sewer line.
(b)
Swimming pool drains and overflow outlets shall
connect with a stormwater sewer system or natural drainage course,
if available nearby, otherwise into a public street, but in no case
shall any drainage be allowed in a natural drainage course or public
street when the air temperature is below 40º F. or when such
drainage would cause flooding of properties adjacent to the public
street or natural watercourse.
(c)
No drainage from a swimming pool shall be permitted
to flow upon or across another property.
(4)
Health requirements.
(a)
Water supply. There shall be no physical connection
between a swimming pool and potable water supply system at a point
below the highest water level in the swimming pool or to a recirculation
or heating system, and no pool water shall be permitted to discharge,
leak or siphon into a potable water supply system.
(b)
Water supply. The physical, chemical and bacterial
qualities of the swimming pool water shall comply at all times with
the latest requirements of the American Public Health Association,
New Jersey State Department of Environmental Protection and the Camden
County Health Department.
(c)
Design requirements. Swimming pools shall be
so designed and constructed as to facilitate emptying and cleaning
and shall be maintained and operated in such a manner as to be clean
and sanitary at all times. The inlets of the swimming pool shall be
so located and spaced as to secure satisfactory dispersion of inflowing
water through the pool and to permit draining, cleaning and disinfecting
of the bottom and sides of the pool.
(5)
Fences and enclosures.
(a)
All swimming pools shall be enclosed by a fence,
wall or enclosure not less than six feet in height and of sufficient
strength and construction to prevent all persons, especially children,
and animals from unauthorized entry into the swimming pool area, and
such fences, walls or enclosures shall be made of durable materials
consistent with the aesthetics of the surrounding buildings. The required
fence, wall or enclosure shall not be closer to the water's edge at
any point than four feet. Enclosures which cover the entire swimming
pool area for use during inclement weather shall not preclude the
need for the above fence or wall, unless such enclosure is made of
structural materials such as wood, stone, metal or glass, and in no
case shall any type of enclosure exceed 12 feet in height, unless
a part of a building.
[Amended 5-11-1994 by Ord. No. 94-30]
(b)
All fences and enclosures shall have gates or
doors, and no gate or door shall be permitted without locking devices
which shall be locked at all times when the swimming pool is not supervised
or otherwise being used or attended.
[Amended 5-11-1994 by Ord. No. 94-30]
(c)
Aboveground swimming pools that incorporate a fence attached to the pool as part of its design from the manufacturer, that has a distance of six feet in height when measured from the ground to the top of the fence and provide gates or doors as required in Subsection K(5)(b) above, should be deemed to be in compliance with Subsection K(5)(a) and (b) above.
[Amended 5-11-1994 by Ord. No. 94-30]
(d)
Portable or above-grade swimming pools shall
comply in all respects with the above fence, wall or enclosure requirements.
(6)
Electrical installations.
(a)
Lighting. No artificial lighting shall be located,
maintained or operated in such a manner as to cause glare upon or
otherwise comprise a nuisance to an abutting property.
(b)
All electrical circuits and outlets shall be
provided with approved ground fault interrupters (GFI) and otherwise
meet all applicable codes of Pennsauken Township and the State of
New Jersey, and under no circumstances shall an electric outlet be
permitted over any part of a swimming pool or within six feet of the
water.
[Amended 5-11-1994 by Ord. No. 94-30]
(7)
General provisions concerning swimming pools.
(a)
The Camden County Department of Health shall
have jurisdiction over any health or sanitary condition concerning
swimming pools.
(b)
Owners of swimming pools shall make necessary
arrangements for routine inspection of the pool by the County Health
Officer or the Township Construction Official at any reasonable time,
to assure that all safety and health measures herein are met.
(c)
All appurtenant structures and facilities related
to the swimming pool shall be shown on the site plan and shall comply
with all Township codes and regulations.
(8)
Commercial swimming pools. The provisions of Subsection K(2)(a) hereinabove to the contrary notwithstanding, the following shall apply to commercial swimming pools, such as at motels, swim clubs, residential clubs, public recreation areas and the like:
(a)
The swimming pool shall be not less than 35
feet from the nearest building foundation on the same premises.
(b)
The swimming pool shall be not less than 75
feet from any dwelling on an adjacent property.
(c)
The water's edge of the swimming pool shall
be not less than 25 feet from any property line.
(d)
The deck, walks, aprons and other paved areas
may extend into the required yards but not closer to the property
line than 10 feet, but other appurtenances such as bathhouses and
other buildings shall abide by the yard requirements of the district.
A.
Requirement of construction permits. A construction
permit shall be required prior to the erection or alteration of, or
addition to, any building or other structure or portion thereof. It
shall be unlawful for any person to commence work for the erection
or alteration of, or addition to, any building or other structure
or portion thereof until a construction permit has been duly issued
therefor.
B.
Applications for construction permits. All applications
for construction permits shall be made in writing on forms furnished
by the Township and shall be accompanied by a site plan drawn to scale
and accurately showing the exact size and location of any buildings
or other structure existing on the lot in question or upon abutting
land within 50 feet of the side and rear lot lines of such lot, and
the lines within which the proposed building or other structure will
be erected or altered. There shall, in addition, be included with
all applications such other plans, documents and information as may
be necessary to enable the Construction Official to ascertain compliance
with this chapter and all other pertinent ordinances.
C.
Issuance of construction permits. No construction
permit shall be issued until the Construction Official has certified
that the proposed building, structure or alteration complies with
the provisions of this chapter and other applicable ordinances. Upon
completion of the erection, addition to or alteration of any building,
structure or portion thereof authorized by any construction permit
obtained in compliance with this chapter and prior to use or occupancy,
the holder of such permit shall notify the Construction Official of
such completion. Use and occupancy shall not be authorized until the
Construction Official has certified that the work has been inspected
and approved as being in conformity with this chapter and other applicable
ordinances and the Construction Official has issued a use and occupancy
permit as provided below.
D.
Requirement of use and occupancy permits. A use and
occupancy permit shall be required prior to any of the following:
(1)
Use and occupancy of any building or other structure
hereafter erected or altered for which a construction permit is required.
(2)
Change in use of any building or structure.
(3)
Use of land or change in the use thereof, except that
the placing of vacant land under cultivation shall not require a use
and occupancy permit.
(4)
Change in use or extension of a nonconforming use.
It shall be unlawful for any person to use or occupy any building
or other structure or land until a use and occupancy permit, if required,
has been duly issued therefor.
E.
Application for use and occupancy permits. All applications
for use and occupancy permits shall be made in writing on forms furnished
by the Township and shall include all information necessary to enable
the Construction Official to ascertain compliance with this chapter.
F.
Issuance of use and occupancy permits. No use and
occupancy permit shall be issued until the Construction Official has
certified that the provisions of this chapter are complied with by
the proposed use. Pending completion of a building or of alterations
thereto, a temporary use and occupancy permit may be issued by the
Construction Official for a temporary occupancy of a part or all of
a building, provided that such temporary occupancy would not tend
to jeopardize life or property in any way.
G.
Issuance or refusal of permits. If the Construction
Official receives approval of certain applications from the Planning
Board in those cases for which provision is specifically made herein,
or otherwise determines that an application is in compliance with
the provisions of this chapter, it shall be the Construction Official's
duty to issue the appropriate permit; and if he or she receives disapproval
of certain applications from the Planning Board in those specific
cases for which provision is made herein, or otherwise determines
that an application is not in compliance with the provisions of this
chapter, it shall be the Construction Official's duty to refuse the
permit, in which case he or she shall instruct the applicant in the
method of appeal or application to the Board of Adjustment.
[Added 8-5-2021 by Ord.
No. 2021:22; amended 7-21-2022 by Ord. No. 2022:16]
A.
Cannabis manufacturers, wholesalers and retailers, as said terms are defined in N.J.S.A. 24:61-31 ("New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act") and § 141-4 of this Code, shall only be permitted uses in the Township as set forth in Chapter 141 — "Development Regulations." Cannabis cultivators (Class 1), cannabis distributors (Class 4) and cannabis delivery services (Class 6), except for the delivery of cannabis items and related supplies by a delivery service, shall be prohibited in all zones in the municipality.
C.
Cannabis manufacturers, wholesalers, retailers and medical cannabis
dispensaries shall be prohibited within a redevelopment area unless
said uses are specifically identified by name as a principal permitted
use in the adopted redevelopment plan. For the purposes of this section,
inclusion by reference (e.g., "all uses permitted in the HI Zone District"
or "all uses permitted in the underlying zone district") shall not
be considered to be specifically identified by name as a principal
permitted in the adopted redevelopment plan.
D.
A maximum of two Class 5 cannabis retailer license establishments
will be permitted within the Township.
E.
A maximum of two medical cannabis dispensaries will be permitted
within the Township.
F.
Cannabis manufacturers and wholesalers shall only be permitted in
the LI and HI Districts.
G.
Cannabis retailers shall only be permitted in the C1, LI and HI Districts.
H.
Medical cannabis dispensaries shall only be permitted in the C1,
LI and HI Districts.
I.
The required local cannabis license for cannabis retailers, cannabis
manufacturers, and cannabis wholesalers must also be obtained from
the Township of Pennsauken.
J.
A public or nonpublic school or preschool or child-care center, alcohol
or drug abuse recovery or treatment facility, behavioral health care
facility or residential medical detoxification center, shall not be
within 1,000 feet of an existing cannabis establishment, including,
but not limited to, retailers, wholesalers, manufacturers, or medical
cannabis dispensaries.
K.
A church, house of worship or public park, playground or other publicly
owned recreational facility shall not be within 500 feet of an existing
cannabis establishment, including, but not limited to, retailers,
wholesalers, manufacturers, or medical cannabis dispensaries.
L.
Odor control. Odor control devices and techniques shall be incorporated
in all cannabis establishments to ensure that odors from cannabis
are not detectable off-site. Cannabis establishments shall provide
a sufficient odor-absorbing ventilation and exhaust system so that
odor generated inside the cannabis establishment that is distinctive
to its operation is not detected outside of the facility, anywhere
on adjacent property or public rights-of-way, on or about the exterior
or interior common area walkways, hallways, breezeways, foyers, lobby
areas, or any other areas available for use by common tenants or the
visiting public, or within any other unit located inside the same
building as the cannabis establishment. As such, cannabis establishments
must install and maintain the following equipment, or any other equipment
which the Board determines is a more effective method or technology:
(1)
An exhaust air filtration system with odor control that prevents
internal odors from being emitted externally; or
(2)
An air system that creates negative air pressure between the
cannabis establishment's interior and exterior, so that the odors
generated inside the cannabis establishment are not detectable on
the outside of the cannabis establishment.
M.
Applications to develop cannabis manufacturers, wholesalers, and retailers shall be accompanied by a written statement, which demonstrates how proposed site and building design relates to the implementation of the security plan approved by the local cannabis licensing authority and Pennsauken Township Police Department as part of the separate application process for the required local cannabis license described in Chapter 95 of this code.
