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Township of Shamong, NJ
Burlington County
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Table of Contents
Table of Contents
A. 
For the purpose of this chapter, the Township of Shamong is divided into areas as designated by the Pinelands Comprehensive Management Plan. Within those areas there may be several zones or districts with in which different types of uses are permitted. The criteria for each area and zone or district within the area, if applicable, and the permitted uses allowed therein are set forth below. Any use not specifically permitted is prohibited.
B. 
The boundaries of all areas, districts or zones are hereby established as shown on the map entitled "Zoning Map of Shamong Township" revised to August 1997, annexed to this chapter and hereby made a part hereof.[1]
[Amended 4-3-1990 by Ord. No. 1990-1; 9-4-1997 by Ord. No. 1997-8]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C. 
Prohibited uses.
[Amended 5-6-2014 by Ord. No. 2014-2]
(1) 
All uses not expressly permitted in this chapter are prohibited.
(2) 
No building or structure may be erected, altered or used, and no lot or premises may be used, for any use which is likely to create conditions of hazards, smoke, fumes, noise, odor or dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such fire-safety conditions as are approved by the Fire Official. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed use, facility or operations shall not:
(a) 
Constitute a public nuisance beyond the boundary of the site on which the use is located, by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(b) 
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located.
(c) 
Endanger surrounding areas by reason of fire or explosion.
(d) 
Produce objectionable heat or glare.
(e) 
Result in electrical disturbances in nearby residences.
(f) 
Contribute to the pollution of waters.
(g) 
Create an objectionable traffic condition on the street or in an adjacent area.
(h) 
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
(3) 
The following uses are expressly prohibited in all zones, areas and districts:
(a) 
Junkyards and junk business or automobile junkyards or wrecking yards.
(b) 
Sanitary landfills, garbage dumps, refuse dumps, disposal sites for solid and liquid materials and dumps for hazardous wastes.
(c) 
Acetylene manufacture or warehouse storage.
(d) 
Asphalt or coal tar manufacture or refining.
(e) 
Creosote manufacture or treatment.
(f) 
Celluloid manufacture or storage or rubber manufacture.
(g) 
Fat rendering, soap, tallow, grease or lard manufacture or refining.
(h) 
Abattoir or stockyards.
(i) 
Animal black, lamp black or bone black manufacture.
(j) 
Crematory.
(k) 
Oilcloth or linoleum manufacture.
(l) 
Potash works.
(m) 
Gas manufacture or storage in excess of 10,000 cubic feet.
(n) 
Match manufacture.
(o) 
Tanning, curing or storage of raw hides.
(p) 
Tar distillation or manufacture.
(q) 
Petroleum refining or processing.
(r) 
Storage of gasoline or petroleum products in excess of 10,000 gallons above ground.
(s) 
Fertilizer manufacture.
(t) 
Explosive manufacture or storage, including, but not limited to, gunpowder, fireworks, etc.
(u) 
Manufacture or warehouse storage of combustible, inflammable or volatile materials; those uses which may be noxious or offensive by reason of the emission of odor, gas, smoke, dust, vibration or noise; and those uses which constitute an unusual fire or explosive hazard.
(v) 
Storage or use of motor vehicle, trailer or other type of vehicle for residential or commercial purposes on vacant lot or unoccupied lot or portion thereof, except temporarily (15 days) on a lot used for temporary parking of automobiles.
(w) 
No trailer or recreational vehicle shall be used for residential purposes either on a temporary or permanent basis. This provision shall not be construed to prohibit mobile homes in a duly authorized mobile home park or which have been previously permitted by law. No truck, trailer, tractor trailer, containerized unit or similar structure, device or vehicle shall be used for storage purposes unless totally enclosed within a building appropriate for the use and which has received site plan approval as a storage facility or warehouse.
(x) 
Storage of materials, including but not limited to wood, in such a manner that it would attract vermin.
D. 
Uses permitted in all zones, areas, and districts: Temporary construction trailers during the period of construction beginning with the issuance of a building permit or the first building permit if multiple building permits are involved, and ending when construction is completed or one year, whichever is less, provided that said trailer is set back at least 15 feet from the street or lot lines.
[Added 3-2-1993 by Ord. No. 1993-3]
A. 
Residential District.
(1) 
Permitted principal uses.
(a) 
Single-family detached house in accordance with the provisions of Subsection D below. The overall density shall not be greater than one dwelling unit per 2.1 acres. With the use of Pinelands development credits, the overall density may be increased to one dwelling unit per 1.2 acres.
[Amended 9-4-1997 by Ord. No. 1997-8]
(b) 
Farms and farm buildings, golf courses, municipal buildings, public parks and playgrounds, churches, elementary, intermediate and secondary schools, firehouses.
(c) 
Signs subject to the limitations of this chapter and the Comprehensive Management Plan.
(d) 
Public service infrastructure; private energy or water collection facilities as accessory to a residential structure.
(2) 
Permitted accessory uses.
(a) 
Customary farm buildings for use in conjunction with agricultural uses.
(b) 
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit shall comply in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing.
(c) 
Agricultural commercial establishments for the sale of farm products. There shall be limit of one establishment per farm. Such establishment shall be set back a minimum of 35 feet from the street line.
(d) 
Private garages, carports and accessory buildings less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(e) 
Off-street parking facilities located no closer than 10 feet to any lot line except in the case of a common driveway.
(f) 
Private residential swimming pools and greenhouses.
(g) 
Clubhouses with golf courses.
(3) 
Uses permitted with a conditional use permit.
(a) 
Home occupation, provided it meets the standards set forth in this chapter.
(b) 
Hospitals or nursing homes; congregate care facilities; residential care facilities.
(c) 
Preschools and day-care centers.
(d) 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercial- or industrial-related operations of such companies.
(e) 
Quasi-public buildings and recreation areas.
(f) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
(4) 
Bulk regulations. See § 110-129, Schedule of Limitations.
(5) 
Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 110-129 and 110-120A(1) for the Regional Growth Residential District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 3-2-1993 by Ord. No. 1993-3]
(6) 
No residential dwelling unit or nonresidential use shall be located on a parcel less than one acre unless served by a centralized wastewater treatment plant.
[Added 3-2-1993 by Ord. No. 1993-3]
B. 
Commercial District.
(1) 
Permitted principal uses on the land and in the buildings.
(a) 
Local retail activities including grocery stores, meat markets, seafood markets, supermarkets, delicatessens, bakeries, drug stores, furniture stores, sporting good shops, gift shops, hobby shops, bookstores, clothing stores, shoe stores, hardware stores, packaged liquor stores, pet shops, stationery stores, fabric stores and florists.
(b) 
Local service activities including barber and beauty shops, tailors, dry-cleaning and laundering operations, appliance repair shops, shoe repair shops and upholsterers.
(c) 
Restaurants, bars, and package stores.
(d) 
Banks, including drive-in facilities.
(e) 
Professional offices.
(f) 
All permitted principal uses as set forth in the Regional Growth Area Residential District.
(2) 
Permitted accessory uses.
(a) 
Off-street parking.
(b) 
Fences and walls.
(c) 
Garages to house delivery trucks or other commercial vehicles.
(d) 
Temporary construction trailers and one sign not exceeding 50 square feet advertising the prime contractor, subcontractor(s), architect, financing institution, and similar data for the period of construction, beginning with the issuance of a building permit or one year, whichever is less, provided that said trailer and sign are on the site where construction is taking place and set back at least 15 feet from street to lot lines.
(3) 
Conditional uses.
(a) 
Motor vehicle service stations.
(b) 
New and used car dealerships.
(c) 
All conditional uses permitted in the Regional Growth Residential District.
(d) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
(4) 
Principal building area and yard requirements: See § 110-129, Schedule of Limitations.
(5) 
No residential dwelling unit or nonresidential use shall be located on a parcel less than one acre unless served by a centralized wastewater treatment plant.
[Amended 3-2-1993 by Ord. No. 1993-3]
C. 
Any local variance for an approval of a nonresidential development in the Regional Growth Area Residential or Commercial Districts where the use would not otherwise be permitted shall require that Pinelands development credits be used at the maximum rate permitted in the district in which the development is to be located.
[Added 9-4-1990 by Ord. No. 1990-7]
A. 
Any area in the Regional Growth Area may serve as a receiving area for Pinelands development credits transferred from any eligible location in the Pinelands Area. Residential development using development credits will be allowed in accordance with the provisions of § 110-120A and in accordance with the bulk and area requirements of § 110-129, Schedule of Limitations.
B. 
Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 110-129 AND 110-120A(1) for the Regional Growth Residential and Commercial Districts shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 3-2-1993 by Ord. No. 1993-3]
C. 
Any local variance for an approval of a nonresidential development in the Regional Growth Area Residential or Commercial Districts where the use would not otherwise be permitted shall require that Pinelands development credits be used at the maximum rate permitted in the district in which the development is to be located.
[Added 9-4-1990 by Ord. No. 1990-7]
A. 
Residential Districts RD-1, RD-2, RD-3, and RD-4.
(1) 
Permitted principal uses.
(a) 
Single-family detached houses, provided that clustering of the permitted single-family detached dwellings in accordance with § 110-110.4 shall be required whenever two or more units are proposed as part of a residential development. Single-family dwellings on existing lots of record shall comply with the following minimum lot size requirements:
[Amended 12-18-2012 by Ord. No. 2012-09]
[1] 
RD-1 Zone: 3.9 acres.
[2] 
RD-2 Zone: 3.2 acres.
[3] 
RD-3 Zone: 3.6 acres.
[4] 
RD-4 Zone: 6.7 acres.
(b) 
Single-family detached houses on minimum lots of 3.2 acres, provided that the applicant meets the provisions of § 110-107 of this chapter.
(c) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(1)(c), which stated that a residential density permitted for the parcel under development could be clustered on one-acre lots, as amended, was repealed 12-18-2012 by Ord. No. 2012-09.
(d) 
Agricultural or horticultural uses; farms and associated farm buildings.
(e) 
Agricultural employee housing as an element of an active agricultural or horticultural operation.
(f) 
Forestry, as defined in § 110-4 of this chapter.
[Amended 6-4-1997 by Ord. No. 1997-5]
(g) 
Recreation facilities other than amusement parks.
(h) 
Agricultural products, sales establishments.
(i) 
Agricultural processing facilities and other light industrial uses.
(j) 
Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to serve any Rural Development Area District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(k) 
Institutional uses limited to municipal buildings, parks and playgrounds, churches, elementary, intermediate and secondary schools, firehouses. Other institutional uses are available as a conditional use in this area.
(l) 
Signs.
(m) 
Single-family detached houses on minimum lots of 1.0 acre, provided that the applicant meets the provisions of §§ 110-109 and 110-110 of this chapter.
[Added 3-2-1993 by Ord. No. 1993-3]
(2) 
Permitted accessory uses.
[Added 2-2-2021 by Ord. No. 2021-3[2]]
(a) 
For each dwelling unit, the same accessory uses shall be permitted as are permitted for dwelling units in the Regional Growth Area.
(b) 
For each commercial establishment, the same accessory uses shall be permitted as are permitted in the commercial districts of the Regional Growth Area.
[2]
Editor's Note: This ordinance also renumbered former Subsection A(2) as Subsection A(3).
(3) 
Uses permitted with a conditional use permit:
[Added 10-3-2000 by Ord. No. 2000-8]
(a) 
The installation of wireless local communications facilities, provided that it satisfies the standards set forth in § 110-96 of this chapter.
(b) 
Ground-mounted solar energy systems in the RD-1 zoning district in accordance with § 110-38.1C.
[Added 7-2-2019 by Ord. No. 2019-7]
B. 
Commercial District.
(1) 
Permitted principal uses.
(a) 
All those commercial uses set forth as principal uses allowed in the Regional Growth Commercial District including local retail activities, local service activities, restaurants, bars, package stores, banks including drive-in facilities and professional offices.
(b) 
Roadside retail sales and service establishments.
(c) 
Community commercial uses.
(d) 
Agricultural products sales establishments.
(e) 
Signs.
(f) 
Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to serve the Rural Development Area Commercial District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(2) 
Permitted accessory uses.
(a) 
For each dwelling unit, the same accessory uses shall be permitted as are permitted for dwelling units in the regional growth area.
(b) 
For each commercial establishment, the same accessory uses shall be permitted as are permitted in the commercial districts of the regional growth area.
(3) 
Uses permitted with a conditional use permit.
(a) 
Home occupation, provided it meets the standards set forth in this chapter.
(b) 
Hospitals or nursing homes; congregate care facilities; residential care facilities.
(c) 
Preschools and day-care centers.
(d) 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercial- or industrial-related operations of such companies, except that sewer treatment and collection facilities shall be permitted to serve any Rural Development Area District only in accordance with § 110-32B(2).
(e) 
Quasi-public buildings and recreation areas.
(f) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
(4) 
Notwithstanding the minimum lot areas and maximum densities set forth in this chapter, no such minimum lot area for a nonresidential use within any Rural Development Area District shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system pursuant to § 110-32B(2).
A. 
Permitted principal uses.
(1) 
Single-family detached houses on lots of not less than 18.6 acres, provided that clustering of the permitted single-family detached houses in accordance with § 110-110.4 shall be required whenever two or more units are proposed as part of a residential development.
[Amended 12-18-2012 by Ord. No. 2012-09]
(2) 
Agricultural or horticultural uses; farms and associated farm buildings.
(3) 
Agricultural employee housing as an element of an active agricultural or horticultural operation.
(4) 
Forestry as defined in § 110-4 of this chapter.
[Amended 6-4-1997 by Ord. No. 1997-5]
(5) 
Low-intensity recreational uses subject to the following:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b) 
The use does not involve the use of motorized vehicles except for necessary transportation;
(c) 
Access to water bodies is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d) 
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel; and
(e) 
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
(6) 
Public service infrastructure intended to serve primarily the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Forest Area District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(7) 
Institutional uses.
(a) 
Institutional uses limited to municipal buildings, parks and playgrounds, churches, elementary, intermediate and secondary schools, firehouses, provided that:
[1] 
The use does not require or will not generate subsidiary or satellite development in the Forest Area;
[2] 
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and
[3] 
The use is primarily designed to serve the needs of the Forest Area in which the use is to be located.
(b) 
Other institutional uses are available as a conditional use in this area but must meet the same standards as are set forth above.
(8) 
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction operations and uses that rely on sand or gravel as raw products, provided that:
[Amended 6-4-1997 by Ord. No. 1997-5]
(a) 
The parcel proposed for development has an area of at least five acres;
(b) 
The principal raw material for the proposed use is found or produced in the Pinelands; and
(c) 
The use does not require or will not generate subsidiary or satellite development in the Forest Area District.
(9) 
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that the principal goods or products available for sale were produced in the Pinelands, and the sales area of the establishment does not exceed 5,000 square feet.
(10) 
Roadside retail sales and service establishments, provided that the parcel proposed for development has roadway frontage of at least 50 feet and that no portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979, and that the proposed use will not unduly burden public services, including but not limited to water, sewer, and roads.
(11) 
Signs subject to the limitations of this chapter.
(12) 
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
[Amended 6-4-1997 by Ord. No. 1997-5]
(13) 
Single-family detached houses on minimum lots of 1.0 acre, provided that the applicant meets the provisions of § 110-109 or 110-110 of this chapter.
[Added 3-2-1993 by Ord. No. 1993-3]
(14) 
Single-family detached dwellings on minimum lots of 3.2 acres, provided the applicant meets the provisions of § 110-107.
[Added 12-18-2012 by Ord. No. 2012-09]
(15) 
Single-family detached dwellings on minimum lots of 3.2 acres, subject to the following:
[Added 12-18-2012 by Ord. No. 2012-09]
(a) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(b) 
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
(c) 
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and
(d) 
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
B. 
Permitted accessory uses.
(1) 
For each dwelling unit, the same accessory uses shall be permitted as are permitted for dwelling units in the regional growth area.
(2) 
For each commercial industrial establishment, the same accessory uses shall be permitted as are permitted in the commercial industrial districts of the regional growth area.
C. 
Uses permitted with a conditional use permit.
(1) 
Home occupation, provided it meets the standards of this chapter.
(2) 
Hospitals and nursing homes; congregate care facilities; residential care facilities; preschools and day-care centers, provided that:
(a) 
The use does not require or will not generate subsidiary or satellite development in the Forest Area;
(b) 
The applicant has demonstrated that adequate public infrastructure will be available to serve the use; and
(c) 
The use is primarily designed to serve the needs of the Forest Area District in which the use is to be located.
(3) 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercial- or industrial-related operations of such companies, except that sewer treatment and collection facilities shall be permitted to serve the Forest Area District only in accordance with § 110-32B(2).
(4) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
D. 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Forest Area District shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
[Amended 10-10-1989 by Ord. No. 1989-14; 9-4-1990 by Ord. No. 1990-7; 3-2-1993 by Ord. No. 1993-3; 6-4-1997 by Ord. No. 1997-5; 9-4-1997 by Ord. No. 1997-8]
A. 
Agricultural Production District.
(1) 
Permitted principal uses.
(a) 
Farms and farm buildings.
(b) 
Single-family residential dwellings on lots of 3.2 acres in accord with § 110-107 of this chapter.
(c) 
Residential dwelling units not to exceed a gross density of one unit per 10 acres, provided that:
[1] 
The dwelling is accessory to an active agricultural operation;
[2] 
The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation;
[3] 
The dwelling is located on a lot at least six acres in size which is under or qualified for agricultural assessment;
[Amended 10-10-1989 by Ord. No. 1989-14]
[4] 
The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area; and
[5] 
A residential lot has not been subdivided from the property within the previous five years, unless the lot has been subdivided pursuant to § 110-107 of this chapter; and
[Amended 9-4-1990 by Ord. No. 1990-7]
[6] 
No more than one lot may be created for a dwelling pursuant to this subsection at any one time.
[Added 9-4-1990 by Ord. No. 1990-7]
(d) 
Residential dwellings units at a gross density of one unit per 40 acres, provided that:
[Amended 6-4-1997 by Ord. No. 1997-5]
[1] 
The unit(s) shall be clustered on one-acre lots;
[2] 
The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots, shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel; and
[3] 
The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.
(e) 
Agricultural employee housing as an element of an active agricultural or horticultural operation.
(f) 
Forestry as defined in § 110-4 of this chapter.
[Amended 6-4-1997 by Ord. No. 1997-5]
(g) 
Low-intensity recreational uses, provided that:
[1] 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
[2] 
The use does not involve the use of motorized vehicles except for necessary transportation;
[3] 
Access to water bodies is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
[4] 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
[5] 
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
(h) 
Agricultural commercial establishments excluding supermarkets, restaurants and convenience stores, provided that the principal goods or products available for sale were produced in the Pinelands, and the sales area of the establishment does not exceed 5,000 square feet.
(i) 
Agricultural products processing facilities.
(j) 
Roadside retail sales and service establishments, provided that the parcel proposed for development has roadway frontage of at least 50 feet, and no portion of any structure proposed for development will be more than 300 feet measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979, and that the proposed use will not unduly burden public services, including but not limited to water, sewer, and roads.
(k) 
Pinelands resource-related industries, excluding resource extraction operations and uses that rely on sand or gravel as raw products, provided that the parcel proposed for development has an area of at least five acres and the principal raw material for the proposed use is found and produced in the Pinelands and that the use does not require or will not generate subsidiary or satellite development in the Agricultural Production District.
[Amended 6-4-1997 by Ord. No. 1997-5]
(l) 
Airports and heliports which are accessory to agricultural uses and are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation.
(m) 
Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to service the Agricultural Production District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(n) 
Signs subject to the limitations of this chapter.
(o) 
Pinelands development credits.
(p) 
Expansion of intensive recreational uses, provided that:
[Added 6-4-1997 by Ord. No. 1997-5]
[1] 
The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
[2] 
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
[3] 
The use is environmentally and aesthetically compatible with the character of the Pinelands Agricultural Production Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
(q) 
Single family detached houses on minimum lots of 10 acres, provided that the applicant meets the provisions of § 110-109 of this chapter.
[Amended 3-2-1993 by Ord. No. 1993-3]
(2) 
Permitted accessory uses.
(a) 
For each dwelling unit, the same accessory uses shall be permitted as are permitted for dwelling units in the Regional Growth Area.
(b) 
For each commercial establishment, the same accessory uses shall be permitted as are permitted in the commercial districts of the Regional Growth Area.
(3) 
Uses permitted with a conditional use permit.
(a) 
Home occupation, provided it meets the standards of this chapter.
(b) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
(4) 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use shall be less than that needed to meet the water quality standards of § 110-32B(4) whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
B. 
Agricultural Commercial District.
[Added 9-4-1997 by Ord. No. 1997-8]
(1) 
Permitted principal uses. Permitted used shall include those listed in § 110-124A(1) above for the Agricultural Production District.
(2) 
Permitted accessory uses. Accessory uses shall include those listed in § 110-12A(2) above for the Agricultural Production District.
(3) 
Uses permitted with a conditional use permit. Planned commercial development, subject to the standards set forth in § 110-106H dealing with conditional uses in the Agricultural Commercial District and the Pinelands Village Commercial District II.
[Amended 4-3-1990 by Ord. No. 1990-1]
A. 
The uses set forth in the remaining subsections of this section are permitted in the Pinelands Villages, provided that:
(1) 
Public service infrastructure necessary to support the use is available, or can be provided without any development in the Preservation Area, Special Agricultural Production Area, or Forest Area.
(2) 
The character and magnitude of the use is compatible with existing structures and uses in the Village.
B. 
Village Residential District permitted uses.
(1) 
Single-family detached houses on lots of 2.5 acres, except that the minimum lot size for lots existing as of the effective date of this chapter shall be one acre.
[Amended 3-2-1993 by Ord. No. 1993-3; 9-4-1997 by Ord. No. 1997-8; 5-5-1998 by Ord. No. 1998-5[1]]
[1]
Editor's Note: This ordinance provided that single-family detached houses may have a lot area of one acre for a minimum lot size, but the density of the district with respect to any subdivision shall remain at 2.25 acres.
(2) 
Institutional uses limited to municipal buildings, parks and playgrounds, churches, elementary, intermediate and secondary schools, firehouses. Other institutional uses are available as a conditional use in this area.
(3) 
Signs subject to the limitations of this chapter.
C. 
Village Residential District permitted accessory uses.
(1) 
Private garages, carports and accessory buildings less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(2) 
Off-street parking facilities located no closer than 10 feet to any lot line or principal building except in the case of a common driveway.
(3) 
Private residential swimming pools and greenhouses.
D. 
Village Commercial District - Permitted Uses.
(1) 
Single family detached houses on 2.25 acre lots, except that the minimum lot size for lots existing as of the effective date of this chapter shall be one acre.
[Amended 3-2-1993 by Ord. No. 1993-3; 9-4-1997 by Ord. No. 1997-8]
(2) 
Institutional uses limited to municipal buildings, parks and playgrounds, churches, elementary, intermediate and secondary schools, firehouses. Other institutional uses are available as a conditional use in this area.
(3) 
Cemeteries.
(4) 
Local retail activities including grocery stores, meat markets, delicatessens, bakeries, drug stores, furniture stores, sporting good shops, gift shops, hobby shops, bookstores, clothing stores, shoe stores, hardware stores, packaged liquor stores, pet shops, stationary stores, fabric stores, florists, garden marts, farm markets, small appliance sales, repair facilities, agricultural commercial establishments.
(5) 
Local service activities including barber and beauty shops, tailors, dry-cleaning and laundering operations, appliance repair shops, shoe repair shops and upholsterers.
(6) 
Restaurants, bars and taverns.
(7) 
Banks, including drive-in facilities.
(8) 
Offices and office buildings.
(9) 
Agricultural processing facilities and other light industrial uses.
(10) 
Public service infrastructure.
(11) 
Signs subject to the limitations of this chapter.
(12) 
Limited breweries, restricted breweries (brewpubs), plenary wineries, farm wineries, instructional winemaking facilities, plenary distilleries and limited distilleries in accordance with the applicable ABC laws regarding same.
[Added 11-7-2018 by Ord. No. 2018-10]
E. 
Village Commercial District permitted accessory uses.
(1) 
Customary farm buildings for use in conjunction with agricultural uses.
(2) 
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit shall comply in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing.
(3) 
Agricultural commercial establishments for the sale of farm products grown or raised on the premises by the owner or operator of the farm. There shall be a limit of one establishment per farm. Such establishment shall be set back a minimum of 35 feet from the street line.
(4) 
Private garages, carports, and accessory buildings less than 600 square feet in area for use with the main dwelling.
(5) 
Off-street parking facilities located no closer than 10 feet to any lot line or principal building except in the case of a common driveway.
(6) 
Private residential swimming pools and greenhouses.
(7) 
Clubhouses with golf courses.
(8) 
Section G uses where applicable.
F. 
Village Industrial District permitted uses.
(1) 
Offices.
(2) 
Manufacturing plants of a type which carry on processes within completely enclosed buildings including the manufacture, assembly or treatment of products from previously prepared materials.
(3) 
Wholesale distribution centers and warehouses.
(4) 
All uses permitted in the Commercial District.
(5) 
Signs subject to the limitations of this chapter and the CMP.
(6) 
Public service infrastructure.
G. 
Village Industrial District permitted accessory uses.
(1) 
Off-street parking.
(2) 
Fences and walls.
(3) 
Garages and storage buildings.
(4) 
Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided that said trailers and sign are on the site where construction is taking place.
H. 
Village Industrial District general requirements.
(1) 
Maximum building height. No building shall exceed 35 feet in height and 2 1/2 stories.
(2) 
Area and yard requirements. See § 110-129, Schedule of Limitations.
(3) 
Any principal building may contain more than one use and/or organization and any lot may contain more than one principal structure.
(4) 
No improved surface shall be closer to a property line than 35 feet if the landscaped area is grass only. The landscaped area may be reduced to 25 feet if it is sufficiently landscaped and/or bermed. The Planning Board may reduce any of these landscaped areas by 1/2 of that required upon a showing of either appropriately dense landscape treatments such as plantings, fencing, or berming, or upon a finding that because of the location of the property or the uses surrounding same that the landscaped area is unnecessary and inappropriate. A minimum landscaped area of 50 feet in width shall be provided along any common property line with a residential district or residential use.
(5) 
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
(6) 
No merchandise, products, waste, or similar material or objects shall be displayed or stored outside.
(7) 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block walls.
(8) 
Minimum off-street parking.
(a) 
The number of spaces shall be computed in accordance with § 110-97 of this chapter which deals with off-street parking and loading for commercial and industrial uses.
(b) 
In addition, one space for every vehicle owned and/or operated by the use operating from that site shall be provided.
(c) 
In any event, each use shall provide a sufficient number of spaces in appropriate locations so that no driveway, aisle, fire lane or street right-of-way is used at any time for parking.
(9) 
Minimum off-street loading.
(a) 
Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area at the side or rear of the building. Each space shall be at least 15 feet by 40 feet, and one space shall be provided for every 8,000 square feet of gross floor area or fraction thereof in each building. There shall be no loading or unloading from the street.
(b) 
There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets, and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions.
(c) 
All off-street loading areas shall be lighted.
(10) 
Signs. One lighted sign per use shall be permitted not larger than the equivalent of 5% of the area of the front wall of the building or 50 square feet, whichever is smaller. If attached to the building, the sign shall not be higher than the roofline; if freestanding, the sign shall not exceed six feet in height and shall be set back from the right-of-way at least one foot.
I. 
Conditional uses in either the Residential, Commercial, or Industrial Districts of the Pinelands Village.
(1) 
Home occupation, provided that it meets the standards set forth in this chapter.
(2) 
Hospitals or nursing homes; congregate care facilities; residential care facilities.
(3) 
Preschools and day-care centers.
(4) 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies.
(5) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
J. 
Any municipal variance approval which grants relief from the density or lot area requirements set forth in § 110-129 or 110-125 for a residential or principal nonresidential use in the Village Residential, Village Commercial, Village Industrial, Village Commercial II or Village Professional Office Districts shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 3-2-1993 by Ord. No. 1993-3; amended 6-4-1997 by Ord. No. 1997-5; 9-4-1997 by Ord. No. 1997-8]
K. 
No residential dwelling unit or nonresidential use shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.
[Added 3-2-1993 by Ord. No. 1993-3]
L. 
Pinelands Village Commercial District II permitted uses, accessory uses and conditional uses.
[Added 9-4-1997 by Ord. No. 1997-8]
(1) 
Permitted uses shall include those listed in § 110-124A(1) for the Agricultural Production District.
(2) 
Accessory uses shall include those listed in § 110-124A(2) for the Agricultural Production District.
(3) 
Uses permitted with a conditional use permit: planned commercial development subject to the standards set forth in § 110-106H.
M. 
Pinelands Village Professional Office District permitted and conditional uses.
[Added 9-4-1997 by Ord. No. 1997-8]
(1) 
Permitted uses shall include those listed as principal permitted and accessory uses in § 110-125B and C for the Pinelands Villages Residential District.
(2) 
Uses permitted with a conditional use permit.
(a) 
Professional offices, not requiring occupancy by a resident of the property. The conditions of the conditional use are the design criteria set forth below. Design criteria for the conditional use of a dwelling as a professional office shall meet the following requirements:
[1] 
Parking. All parking shall be in the front yard with screened planting and mounds, a minimum of five feet in height on both side property lines to screen parking from adjoining properties. Parking shall be setback 50 feet from the right-of-way of Route 206.
[2] 
Landscaping, lighting and signage shall follow the design criteria of the general conditions of the this chapter, Article VII, §§ 110-91, 110-97 and 110-99 et seq, except as the same are modified in this chapter for the Agricultural Commercial District and the Pinelands Village Commercial District II.
[3] 
MOT sign. If a multiple occupancy and tenancy sign is used in this district, it shall not exceed 64 square feet.
[4] 
Setbacks. Setbacks of all buildings within this district shall contain a front yard setback of 200 feet from the front property line and side yard setback of 50 feet on each side.
A. 
Permitted principal uses.
(1) 
Residential dwellings and commercial uses on lots existing as of January 14, 1981, of at least one acre in size within an area designated by the municipality and this chapter.
(a) 
The development must be on an existing subdivided lot of record. Residential development of single-family homes on lots of not less than one acre shall be permitted, provided that no new subdivisions shall occur.
(b) 
Commercial uses of a retail sales or service nature, provided that no portion of a commercial structure proposed for development will be located more than 300 feet, measured along a line parallel to the roadway, from the closest part of a commercial use that was in existence on the date of adoption of this chapter.
B. 
Permitted accessory uses.
(1) 
Agricultural commercial establishments. Such establishments shall be set back a minimum of 35 feet from the street line.
(2) 
Private garages, carports and accessory buildings less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(3) 
Off-street parking facilities located no closer than 10 feet to any lot line or principal building except in the case of a common driveway.
(4) 
Private residential swimming pools and greenhouses.
(5) 
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(6) 
Agricultural employee housing as an element of, and accessory to, an active agricultural operation.
(7) 
Pinelands development credits.
C. 
Conditional uses.
(1) 
Home occupation, provided it meets the standards set forth in this chapter.
(2) 
The installation of wireless local communications facilities, provided that they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
D. 
Area requirements. See § 110-129, Schedule of Limitations.
A. 
Permitted principal uses.
(1) 
Residential dwellings on lots of 3.2 acres in accord with § 110-107 of this chapter.
(2) 
Agricultural employee housing as an element of an active agricultural or horticultural operation.
(3) 
Berry agricultural and horticultural of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(4) 
Forestry.
(5) 
Beekeeping.
(6) 
Fish and wildlife management and wetlands management.
[Amended 12-18-2012 by Ord. No. 2012-09]
(7) 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b) 
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage, per 1,000 feet of water body frontage;
(d) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e) 
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
(8) 
Public service infrastructure which is necessary to serve only the needs of the Preservation Area District uses. Centralized wastewater treatment and collection facilities shall be permitted to service the Preservation Area District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(9) 
Signs subject to the limitations of this chapter and the CMP.
(10) 
Pinelands development credits.
(11) 
Expansion of intensive recreational uses, provided that:
[Amended 6-4-1997 by Ord. No. 1997-5]
(a) 
The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
(b) 
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(c) 
The use is environmentally and aesthetically compatible with the character of the Preservation Area District and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
(12) 
Single-family detached houses on minimum lots of 1.0 acre, provided that the applicant meets the provisions of § 110-109 of this chapter.
[Added 3-2-1993 by Ord. No. 1993-3]
B. 
Permitted accessory uses.
(1) 
Customary farm buildings for use in conjunction with agricultural uses.
(2) 
Agricultural employee housing as an element of the and accessory to an active agricultural operation.
(3) 
Agricultural commercial establishments for the sale of farm products. There shall be a limit of one establishment per farm. Such establishments shall be set back a minimum of 35 feet from the street line.
(4) 
Private garages, carports and accessory buildings less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(5) 
Private residential swimming pools and greenhouses.
(6) 
Fences.
C. 
Uses permitted with a conditional use permit.
(1) 
Home occupation, provided that it meets the standards of this chapter.
(2) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
D. 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Preservation Area District shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
A. 
Permitted principal uses.
(1) 
Residential dwellings on lots of 3.2 acres in accord with § 110-107 of this chapter.
(2) 
Agricultural employee housing as an element of an active agricultural or horticultural operation.
(3) 
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pineland berry agriculture.
(4) 
Beekeeping.
(5) 
Forestry.
(6) 
Fish and wildlife management and wetlands management.
[Amended 12-18-2012 by Ord. No. 2012-09]
(7) 
Public service infrastructure which is necessary to serve only the needs of uses in the Special Agricultural Production District. Centralized wastewater treatment and collection facilities shall be permitted to service the Special Agricultural Production District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(8) 
Signs.
(9) 
Pinelands development credits.
(10) 
Residential dwelling units, provided that:
(a) 
The dwelling is accessory to an active agricultural operation;
(b) 
The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation;
(c) 
The dwelling is to be located on a parcel of land of at least 40 acres in size which is under or qualified for agricultural assessment; and
(d) 
The dwelling is to be located an a property which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area.
(11) 
Single-family detached houses on minimum lots of 1.0 acre, provided the applicant meets the provisions of § 110-109 of this chapter.
[Added 3-2-1993 by Ord. No. 1993-3]
B. 
Permitted accessory uses.
(1) 
The same accessory uses as permitted in the Preservation Area District, § 110-127B.
C. 
Uses permitted with a conditional use permit.
(1) 
Home occupation, provided it meets the standards of this chapter.
(2) 
The installation of wireless local communications facilities, provided they satisfy the standards set forth in § 110-96 of this chapter.
[Added 10-3-2000 by Ord. No. 2000-8]
D. 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Special Agricultural Production Area shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
[Added 6-1-2021 by Ord. No. 2021-6]
A. 
Purpose. The purpose of this section is to regulate cannabis use classifications within specific areas within the Township and to otherwise prohibit or opt out of all other cannabis uses in all other areas within the Township. The Township anticipates that it may further expand the areas where cannabis uses are permitted in the future, as more becomes known regarding cannabis use and state regulations on same. The Township is interested and will review the potential for micro-grow operations and small farm uses with the potential to opt in as to those uses at a future date.
B. 
As established by state statute, the recognized classes of cannabis uses are:
(1) 
Class 1 cannabis cultivator license, for facilities involved in growing and cultivating cannabis;
(2) 
Class 2 cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(3) 
Class 3 cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(4) 
Class 4 cannabis distributer license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;
(5) 
Class 5 cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers; and
(6) 
Class 6 cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchases items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.
C. 
General prohibition and exceptions. Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services, except as otherwise specifically permitted below, are hereby prohibited from operating anywhere in the Township. This prohibition shall not extend to Class 6, the delivery of cannabis items and related supplies, as state law requires this class of use to be permitted in all zones of all municipalities.
D. 
Route 206 Redevelopment Area. Classes 1 through 5 shall be conditionally permitted uses within the Route 206 Redevelopment Area as established by designation dated January 5, 2015, except that Block 22, Lot 10.01 is excluded, and as reflected on the Route 206 Area Cannabis Ordinance Zone Mapping, dated February 26, 2022, prepared by Taylor Design Group and attached hereto.[1]
[Amended 5-10-2022 by Ord. No. 2022-6]
[1]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
E. 
Industrial Park Redevelopment Area. Classes 1 through 4 shall be conditionally permitted uses within the Industrial Park Redevelopment Area as established by designation dated January 5, 2015, and as reflected on the Industrial Park Area Cannabis Ordinance Zone Mapping, dated February 26, 2022, prepared by Taylor Design Group and attached hereto.[2]
[Amended 5-10-2022 by Ord. No. 2022-6]
[2]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
F. 
Murphy's Pit Rehabilitation Area. Classes 1 through 4 shall be conditionally permitted uses within the Murphy's Pit Rehabilitation Area as established by designation dated April 4, 2020, except that the rear portion of Block 10, Lot 24.01 located within the Forest Area Zoning District is excluded, as reflected on the Murphy's Pit Rehabilitation Area Cannabis Ordinance Zone Mapping, dated February 26, 2022, prepared by Taylor Design Group and attached hereto.[3]
[Amended 5-10-2022 by Ord. No. 2022-6]
[3]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
G. 
Agricultural zones (reserved). The Township is, at this time, not creating any class of specifically permitted cannabis use in the agricultural zones but intends to do so, particularly for microgrowers; however, because the state regulations have not been adopted, the Township is opting out with regard to these zones at this time, but reserving out this section to show its intent to take action on this zoning in the future. Due to the infancy of the cannabis legalization within the state, the Township cannot responsibly act on this issue at this time. It is the Township's intent to revisit this and create conditionally permitted uses in agricultural zones when the state regulations are promulgated and the planning implications can be further studied.
H. 
Conditional use - conditions established. The conditional uses for any conditional use permitted in this § 128.5 shall be as follows:
(1) 
Security.
(a) 
To the extent not already required by the entity's state license, all sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of marijuana products. Footage must be maintained for the duration required under state law or 30 days, whichever is greater. All licensed facilities must provide the Township and/or State Police with access to security footage immediately upon request by the Department.
(b) 
To the extent not already required by the entity's state license, all sites must provide at least one security guard (or more if required by the state) during all times the facility is open to the public. At a minimum, the security guard shall be a state-certified security officer whose certification is in good standing.
(2) 
Hours of operation. Hours of operation for Classes 1 through 4 shall be 24 hours per day, except that truck traffic to and from the site shall be restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. Class 5, retail sales, shall be restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturday and Sunday.
(3) 
Setbacks. If fronting on the state highway, ingress and egress to and from the site shall be solely from the state highway. The front yard setback to the state highway shall be a minimum of 100 feet. All other setbacks shall be governed by the commercial setback standards set forth in the current zoning provisions.
(4) 
Odor control. For any and all classes of operation, the facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building.
(5) 
Noise control. For any Class 1 through 4 facility, the facility shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise-generating equipment or machinery. All licensed facilities must operate within applicable state decibel limitations.
(6) 
Lighting. For any licensed cultivation operation, the facility must mitigate lighting spillover into any residential neighborhoods and must comply with all applicable state lighting limitations. Lighting shall have a zero footcandle at all property lines.
(7) 
Signage. Signage may contain the name of the entity only, and no signage reflecting cannabis leafs or other symbols will be permitted. The word "cannabis" may be used, but not "marijuana," "pot" or any other common terms for cannabis. No advertising signs shall be permitted. No display of pricing shall be permitted.
(8) 
Class 5 - accessory use only. A Class 5 retail operation may only be established as an accessory use to a principal use established under Classes 1 through 4, and such retail operation shall occupy no more than 20% of the footprint of the building and shall be no greater than 2,500 square feet.
(9) 
Unless otherwise modified by the provisions of this section, the minimum standards of the underlying zoning district shall continue to apply to the uses permitted in the Cannabis Overlay Zone.
[Added 5-10-2022 by Ord. No. 2022-6]
A. 
Residential uses.
(1) 
The Residential Schedule of Limitations applies wherever residences are found in whatever district they may be located, unless these bulk and area requirements are modified by § 110-33. Where a specific minimum lot area for a use is presented in the regulations applicable to the individual zoning districts, only the bulk standards of this section shall apply to the use. The minimum lot size for development with a conventional septic system shall be 3.2 acres. Any lot size which is less than 3.2 acres shall be developed in accordance with § 110-32, or be clustered per § 110-110.4.
[Amended 10-10-1989 by Ord. No. 1989-14; 12-18-2012 by Ord. No. 2012-09]
(2) 
The Schedule of Limitations sets forth the minimum lot size for the area, the minimum lot frontage, the minimum lot width and depth, and the setbacks. In addition thereto, density requirements for each tract sought to be developed must be adhered to. The density requirements are set forth in § 110-120A(1) for the Regional Growth Area, § 110-110.4 for the Rural Development and Forest Areas and § 110-124A(1)(c) and (d) for the Agricultural Production Area.
[Amended 12-7-1999 by Ord. No. 1999-8; 12-18-2012 by Ord. No. 2012-09]
(3) 
Lot sizes.
(a) 
Single-family dwellings.
[Amended 12-7-1999 by Ord. No. 1999-8]
[1] 
Minimum.
[a] 
Lot acres: one acre.
[b] 
Lot frontage: 150 feet except that on curved alignments, with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street lines shall not be less than 75% of the required minimum lot frontage. In the case of a corner lot, both frontage and setback are governed by Subsection A(3)(b) below.
[c] 
Lot width: 150 feet.
[d] 
Lot depth: 200 feet.
[e] 
Each side: 30 feet.
[f] 
Rear: 50 feet.
[g] 
Front: 50 feet.
[2] 
The minimum yard requirements shall be the minimum required setbacks as setback lines are defined in § 110-4 above.
[3] 
Flag or panhandle lots shall be prohibited.
(b) 
Buildings on corner lots shall have minimum setback from both street right-of-way lines equal to the required front yard, shall have frontage no less than 200 feet on any street and meet all of the other requirements for corner lots as found in the definitions section for corner lots as set forth in this chapter.
(c) 
Minimum accessory building limitations and setbacks.
[Amended 7-14-2020 by Ord. No. 2020-6]
[1] 
Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. No building permit shall be issued for an accessory building prior to the issuance of a building permit for the principal building. Construction of the principal building shall precede or coincide with the construction of the accessory building, otherwise the building permit for the accessory building may be revoked. The accessory building shall be compatible in appearance with the area in which it is located.
[2] 
The proposed height of any accessory structure shall be no greater than 75% of the principal structure, unless otherwise restricted within the current code. No accessory building shall be located closer to the front property line than the rear building line of the principal building and no closer to any side or rear property line than the height of said accessory building or 15 feet, whichever is greater.
[Amended 9-1-2020 by Ord. No. 2020-7]
[3] 
In residential districts, garages and carports for not more than three vehicles, may be constructed on a lot. Not more than one commercial registered vehicle owned or used by the resident shall be permitted in a residential zone. This provision shall not be deemed to limit the number of commercial cars or trucks used in conjunction with a permitted agricultural use. A residential garage shall not be used for commercial purposes.
B. 
Commercial District Regional Growth Area.
(1) 
Principal building, commercial:
(a) 
Minimum.
[1] 
Lot area: one acre.
[2] 
Lot frontage: 150 feet.
[3] 
Lot width: 150 feet.
[4] 
Lot depth: 200 feet.
[5] 
Side yard (each): 25 feet.
[6] 
Front yard: 60 feet.
[7] 
Rear yard: 25 feet.
(2) 
Commercial accessory building:
(a) 
Minimum.
[1] 
Distance to side line: 20 feet.
[2] 
Distance to rear line: 20 feet.
[3] 
Distance to other building: 20 feet.
(b) 
Maximum.
[1] 
Building coverage of principal building: 25%.
[2] 
Building coverage of accessory buildings: 5%.
(3) 
Floor area minimum. Each building shall have a minimum gross floor area of 400 square feet, with a width of each store of no less than 20 feet.
(4) 
Farms: six acres.
(5) 
Churches: 3.2 acres.
(6) 
Schools: 10 acres.
C. 
Pinelands Village District.
(1) 
Maximum building height. No building shall exceed 35 feet in height and 2 1/2 stories.
(2) 
Village Industrial District.
(a) 
Principal building, industrial.
[1] 
Minimum.
[a] 
Lot area: 60,000 square feet.
[b] 
Lot frontage: 200 feet.
[c] 
Lot width: 200 feet.
[d] 
Lot depth: 200 feet.
[e] 
Side yard (each): 50 feet.
[f] 
Front yard: 75 feet.
[g] 
Rear yard: 50 feet.
(b) 
Accessory building.
[1] 
Minimum.
[a] 
Distance to side line: 50 feet.
[b] 
Distance to rear line: 50 feet.
[c] 
Distance to other building: 30 feet.
[2] 
Maximum.
[a] 
Building coverage of principal building: 25%.
[b] 
Building coverage of accessory buildings: 5%.
[3] 
Floor area minimum. Each building shall have a minimum gross floor area of 2,500 square feet.
(3) 
Village Commercial District.
(a) 
Principal building.
[1] 
Minimum.
[a] 
Lot area: one acre.
[b] 
Lot frontage: 125 feet.
[c] 
Lot width: 125 feet.
[d] 
Lot depth: 150 feet.
[e] 
Side yard: In order to encourage an end product which provides parking access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached. Attached buildings may include two walls which must be keyed to each side. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be 20 feet.
[f] 
Front yard: 60 feet.
[g] 
Rear yard: 25 feet.
(b) 
Accessory building.
[1] 
Minimum.
[a] 
Distance to side line: 20 feet.
[b] 
Distance to rear line: 10 feet.
[c] 
Distance to other building: 20 feet.
[2] 
Maximum.
[a] 
Building coverage of principal building: 25%.
[b] 
Building coverage of accessory buildings: 5%.
D. 
Nonresidential uses in the Rural Development Area.
(1) 
Maximum building height. No building shall exceed 35 feet in height and/or 2 1/2 stories.
(2) 
Area and yard requirements.
(a) 
Principal building.
[1] 
Minimum.
[a] 
Lot area: one acre.
[b] 
Lot frontage: 125 feet.
[c] 
Lot width: 125 feet.
[d] 
Lot depth: 150 feet.
[e] 
Side yard: In order to encourage an end product which provides parking access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached. Attached buildings may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be 20 feet.
[f] 
Front yard: 60 feet.
[g] 
Rear yard: 25 feet.
(b) 
Accessory building.
[1] 
Minimum.
[a] 
Distance to side line: 20 feet.
[b] 
Distance to rear line: 10 feet.
[c] 
Distance to other building: 20 feet.
[2] 
Maximum.
[a] 
Building coverage of principal building: 25%.
[b] 
Building coverage of accessory buildings: 5%.
[3] 
Floor area minimum. Each building shall have a minimum gross floor area of 1,500 square feet.
E. 
Infill District.
(1) 
Maximum building height. No building shall exceed 35 feet in height and 2 1/2 stories.
(2) 
Area requirements.
(a) 
Principal building.
[1] 
Minimum.
[a] 
Lot area: one acre.
[b] 
Lot frontage: 125 feet.
[c] 
Lot width: 125 feet.
[d] 
Lot depth: 150 feet.
[e] 
Side yard: 20 feet.
[f] 
Front yard: 60 feet.
[g] 
Rear yard: 25 feet.
(b) 
Accessory building.
[1] 
Minimum.
[a] 
Distance to side line: 20 feet.
[b] 
Distance to rear line: 10 feet.
[c] 
Distance to other building: 20 feet.
[2] 
Maximum.
[a] 
Building coverage of principal building: 25%.
[b] 
Building coverage of accessory building: 5%.
[Added 3-7-2006 by Ord. No. 2006-02-04; amended 11-2-2006 by Ord. No. 2006-10-01; 11-8-2007 by Ord. No. 2007-012]
The Township has adopted the model ordinance prepared by the Pinelands Commission, as modified by date of July 19, 2006, a copy of which is on file with the Township Clerk and may be procured for a fee consistent with the Township's current copying charges. A copy of the model ordinance, as modified only to reflect adoption in Shamong Township, is incorporated herein by reference and a copy is attached upon first and second reading.