Township of Pennsauken, NJ
Camden County
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Table of Contents
Table of Contents
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]
R-1
Residential Districts
R-2
Residential Districts
R-3
Residential Districts
R-4
Residential Districts
R-5
Residential Districts
C-1
Commercial Districts
C-2
Commercial Districts
LI
Limited Industrial Districts
HI
Heavy Industrial Districts
WO
Waterfront Overlay District
CO
Crossroads Overlay District
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.
AGRICULTURE
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.
BOARD OF ADJUSTMENT
The Board established pursuant to Section 56 of the Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq., as amended.
BUFFER AREA
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.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy or use and having a roof.
BUILDING, ACCESSORY
A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
BUILDING COVERAGE
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.
BUILDING HEIGHT
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.
BUILDING LINE
The line which establishes the minimum depth of front yard for the particular district as measured from the street line.
CERTIFICATE OF OCCUPANCY
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.
CLUB
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.
COMMON AREA
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.
CONDITIONAL USE
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.
DENSITY, GROSS
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.
DENSITY, NET
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.
DWELLING
A building designed for and occupied exclusively for residence purposes, excluding hotel, motel, rooming house, tourist or institutional home, residential club and the like.
DWELLING GROUP, MULTIFAMILY
Two or more multifamily dwellings on a single lot.
DWELLING, MULTIFAMILY
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.
DWELLING, ROW-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.
DWELLING, SINGLE-FAMILY DETACHED
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.
DWELLING, SINGLE-FAMILY SEMIDETACHED
A dwelling for two families living side by side but independently and separated by a common party wall; a "twin."
DWELLING, TOWNHOUSE
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.
DWELLING, TWO-FAMILY DETACHED
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.
FAMILY
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.
GARAGE, PRIVATE
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.
GARAGE, PUBLIC
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.
GASOLINE SERVICE STATION
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.
GROSS FLOOR AREA
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.
GROSS LEASABLE AREA
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.
HOME OCCUPATION
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.
HOUSEKEEPING UNIT
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.
HOUSE, ROOMING
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.
LABORATORY
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.
LANDOWNER
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.
LOADING SPACE
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.
LOT
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.
LOT AREA
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.
LOT AREA PER FAMILY
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.
LOT, CORNER
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.
LOT, INTERIOR
Any lot other than a corner lot.
LOT LINE
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.
LOT LINE, FRONT
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.
LOT LINE, REAR
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.
LOT LINE, SIDE
Any lot line not a front lot line or rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines measured along the building line.
MOBILE HOME
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.
NONCONFORMING LOT
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.
NONCONFORMING USE
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.
PARKING SPACE
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.
PARKING SPACE, ALL-WEATHER
A parking space surfaced to whatever extent may be necessary to permit use under all weather conditions; at least gravel-surfacing.
PARKING SPACE, CURBED
Paved parking space edged with concrete curbing designed and installed to Township specifications.
PARKING SPACE, PAVED
A parking space, including vehicular access thereto, which is paved with asphalt or concrete to Township specifications.
PET
A domesticated animal or bird customarily housed on the premises of a dwelling, excluding farm animals, poultry, reptiles, rodents and occupants of a kennel.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
SALES AREA
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.
SHOPPING CENTER
Four or more retail establishments on a single lot using common off-street parking space and designed as an integral shopping area.
SIGN
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.
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.
STRUCTURAL ALTERATION
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.
SWIMMING POOL
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.
USE, ACCESSORY
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.
VARIANCE
Permission to depart from the literal requirements of the zoning regulations of this chapter pursuant to specific provisions of this chapter.
WATER DEPENDENT
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.
WATER RELATED
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.
YARD
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
ZONING PERMIT
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]
[1]
Editor's Note: Original § 126-701, Flood risk areas, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[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:
[a] 
Building coverage. Not more than 10% of the lot area shall be covered by buildings.
[b] 
Lot coverage. Not more than 30% of the area of the lot shall be covered by buildings, paving and other impervious materials.
[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]
[1]
Editor's Note: Original § 126-701.2, Waterfront Management Committee, may now be found in Ch. 9, Boards, Committees and Commissions, Art. VI.
[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]
(b) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3)(b), Municipal use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(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) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(4), Community center, noncommercial park or recreational use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(5) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(5) 
Coverage regulations:
(a) 
Building coverage. Not more than 35% of the area of any lot shall be occupied by buildings.
(b) 
Lot coverage. Not more than 60% of the lot area shall be occupied by building, paving, sidewalks and other impervious materials.
[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.
C. 
All regulations relating to height, area, width, yard and coverage for the T-1 Zone shall be as set forth in § 141-76B and C.
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]
(b) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3)(b), Municipal use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(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) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(4), Community center, noncommercial park or recreational use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(5) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(5) 
Coverage regulations:
(a) 
Building coverage. Not more than 30% of the area of a lot shall be occupied by buildings.
(b) 
Lot coverage. Not more than 65% of the area of the lot shall be occupied by buildings, paving, sidewalks and other impervious materials.
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]
(b) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(3)(b), Municipal use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(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) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(4), Community center, noncommercial park or recreational use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(5) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(5) 
Coverage regulations.
(a) 
Building coverage. Not more than 35% of the area of the lot shall be occupied by buildings.
(b) 
Lot coverage. Not more than 70% of the lot area shall be occupied by buildings, paving, sidewalks and other impervious materials.
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]
(b) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(3)(b), Municipal use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(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) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(4), Community center, noncommercial park or recreational use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(5) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(4) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(3) 
Minimum yard regulations shall be:
(a) 
Front yard: 70 feet.
(b) 
Rear yard: 70 feet.
(c) 
Side yard: 70 feet, with a side yard aggregate (of two) of at least 150 feet.
(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 Board of Adjustment:
(a) 
Place of worship.
[Amended 12-30-2002 by Ord. No. 02-38]
(b) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(3)(b), Municipal use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(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.
[Added 10-22-2008 by Ord. No. 08-33]
[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.
(4) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection A(4), Community center, noncommercial park or recreational use, was repealed 12-30-2002 by Ord. No. 02-38. See now § 141-76.1.
(5) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(13) 
Apartments when arranged on a second floor as an integral part of a building, the ground floor front of which is constructed and maintained for uses authorized by Subsection A(8) through (11) above.
[Amended 4-7-2010 by Ord. No. 2010:04]
(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.
(3) 
Coverage regulations.
(a) 
Building coverage. Not more than 50% of the area of any lot shall be occupied by buildings.
(b) 
Lot coverage. Not more than 85% of the area of any lot shall be occupied by buildings, paving, sidewalks or other impervious materials.
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.
(5) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(13) 
Apartments when arranged on a second floor as an integral part of a building, the ground floor front of which is constructed and maintained for uses authorized by Subsection A(8) through (11) above.
[Amended 4-7-2010 by Ord. No. 2010:04]
(14) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
(21) 
Bowling alleys in accordance with provisions of Chapter 84 of the Code, indoor theaters and other places for indoor recreation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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.
B. 
Height regulations. The provisions of § 141-81B hereinabove shall apply.
C. 
Area, width, yard and coverage regulations. The provisions of § 141-81C hereinabove shall apply.
D. 
Screen wall or fence. The provisions of § 141-81D hereinabove shall apply.
E. 
Ingress and egress for off-street parking. The provisions of § 141-81E hereinabove shall apply.
F. 
Outdoor display of merchandise. The provisions of § 141-81F hereinabove shall apply.
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.
(4) 
Signs in accordance with the provisions of § 141-86 herein.
(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.
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:
(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.
(4) 
Signs in accordance with the provisions of § 141-86 herein.
(5) 
Accessory use on the same lot with and customarily incidental to any of the foregoing uses specifically permitted.
B. 
Height regulations. The provisions of § 141-83B hereinabove shall apply.
C. 
Area, width, yard and coverage regulations.
(1) 
The area, width, yard and coverage regulations of § 141-83C hereinabove shall apply;
(2) 
The coverage regulations shall be as follows:
Lot Area
(acres)
Maximum Building Coverage
Maximum Lot Coverage
1 to 2
60%
90%
2.1 to 5
65%
87.5%
Over 5
70%
85%
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.
E. 
Ingress to and egress from the lot. The provisions of § 141-83E hereinabove shall apply.
F. 
Planning Board approval. The provisions of § 141-83F hereinabove shall apply.
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.
(2) 
Apartments when arranged on a second floor as an integral part of a building the ground floor front of which is constructed and maintained for uses authorized by Subsection A(1).
B. 
Area and yard requirements. See § 141-81C.
C. 
Off-street parking. See § 141-87.
D. 
Signs. See § 141-86.
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.
A. 
Permitted uses:
(1) 
Marinas.
(2) 
Retail sales and service [see § 141-81A(9), (10), (11) and (12)].
(3) 
Office buildings.
(4) 
Sports arenas.
(5) 
Hotels and convention centers.
(6) 
Restaurants [see § 141-82A(8)].
(7) 
Residential (see § 141-79).
(8) 
Buildings and groups of buildings containing any combination of the above.
B. 
Bulk regulations:
(1) 
Marinas (see § 141-83C).
(2) 
Retail sales and service (see § 141-81C).
(3) 
Office buildings (see § 141-83C).
(4) 
Sports arenas (see § 141-83).
(5) 
Hotels and convention centers (see § 141-83C).
(6) 
Restaurants (see § 141-81C).
(7) 
Residential (see § 141-79C).
(8) 
Mixed use (see § 141-83C).
[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:
(1) 
Retail sales and service [see § 141-81A(9), (10), (11) and (12)].
(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.
(7) 
Residential.
[Added 7-28-2004 by Ord. No. 04-12[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections A(7) and (8) as Subsections A(8) and (9), respectively.
(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]
(a) 
Maximum height: 70 feet.
(b) 
Minimum lot area: 2,800 square feet.
(c) 
Minimum front yard: 10 feet.
(d) 
Minimum side yard: 10 feet each side.
(e) 
Minimum lot width: 40 feet at the building line.
(f) 
Maximum sign face: 100 feet.
B. 
Bulk regulations:
(1) 
Retail (see § 141-81C).
(2) 
Office buildings (see § 141-83C).
(3) 
Sports arenas (see § 141-83C).
(4) 
Hotels/conference centers (see § 141-83C).
(5) 
Restaurants (see § 141-81C).
(6) 
Residential (see § 141-79C).
(a) 
Regulations for garden-type multifamily dwellings.
[Added 12-10-2007 by Ord. No. 07-36]
[1] 
Maximum height: three stories or 50 feet.
[2] 
Aggregate width side yard: no regulations.
[3] 
Any one side yard: 10 feet.
[4] 
Rear yard setback: 10 feet.
[5] 
Maximum building coverage: 30%.
[6] 
Maximum lot coverage: 70%.
[7] 
Density: 20 families per acre.
(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.
(9) 
For nonconforming commercial uses in residential districts, the provisions of Subsection C below shall apply.
(10) 
Campaign signs as regulated by Chapter 260 of the Code of the Township of Pennsauken.
[Added 12-30-2002 by Ord. No. 02-32]
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:
(a) 
There shall be no floodlighting of a flashing, intermittent or moving type, or changing in color or intensity.
(b) 
Illumination shall be so shielded that the source of light shall not be visible from any point off the premises on which the sign, building or structure is located.
(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]
Editor's Note: See Ch. 133, Construction Codes, Uniform.
(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.
(d) 
Any permit for the changing the face of an existing sign shall be subject to Subsection G(1) of this section and the fee shall be $50.
[Added 12-20-2018 by Ord. No. 2018:18]
(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.
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:
[1] 
As an individual establishment and not a large drugstore, department store or a supermarket and not in a group of other stores: one space for every 100 square feet of sales area.
[2] 
A combination of not more than three of such establishments served by common off-street parking space:
[a] 
For two such establishments: one space for every 150 square feet of combined sales areas.
[b] 
For three such establishments: one space for every 200 square feet of combined sales areas.
[3] 
For more than three such establishments, see "shopping center" in Subsection A(g) below.
(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.
(2) 
Two or more establishments in any commercial district may combine their off-street parking areas and, where five or more establishments are so combined, the total of such combined spaces may be reduced in number by 10%, the above requirements of Subsection A to the contrary notwithstanding.
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.
(c) 
With regard to buildings or structures voluntarily removed pursuant to Subsection C(1)(b), reconstruction shall begin two years from the date of such removal and 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]
[1]
Editor's Note: Former Subsection B, Lots nonconforming as to area and width and lots of unusual dimensions, and Subsection C, Subdivisions previously approved and recorded, were repealed 2-24-1986 by Ord. No. 88-6.
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.
[3] 
In a combination of the above methods to meet the requirements of § 141-87 herein.
(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:
[1] 
Density, as specified in the district regulations.
[2] 
Spacing of buildings. The space between any two high-rise apartment buildings shall be not less than the height of the taller of such two buildings.
[3] 
Yards as specified in the district regulations.
[4] 
Off-street parking as specified in § 141-87 herein.
(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;
(a) 
Single building. The site plan shall show all information necessary to show compliance with all provisions of Article VI herein and shall show the gross leasable area of the buildings and the area devoted to customer use.
(b) 
Group of buildings on a lot. The site plan shall show all information to show compliance with all provisions of Article VI herein.
(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.