[Amended 12-26-1978 by Ord. No. 1337-78]
This chapter is enacted for the following purposes:
To promote the health, safety, morals and general welfare of the inhabitants of the City of Woodbury.
To secure safety from fire, flood, panic and other natural and man-made disasters.
To provide adequate light, air and open space.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment.
To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
[Added 12-14-2009 by Ord. No. 2110-09]
The purposes noted above and elsewhere in this chapter shall be for the general objectives of:
Enhancing neighborhoods and overall community.
Providing adequate access and off-street parking and loading facilities for employees and visitors.
Providing fencing and/or landscaping where reasonably necessary for safety and/or screening purposes.
Preventing uses which may tend to endanger life or property or create hazards from fire, explosion or radiation or produce objectionable smoke, heat, glare, vibration or noise, whether or not any such hazards are confined to the property shown on the development plan.
Requiring that all raw materials, fuel, goods in process, finished goods, machinery and equipment shall be appropriately housed and/or screened.
Prohibiting the emission of noxious, toxic or corrosive fuel, gases or odors or the exhaust of waste or dust or other substances into the air.
Providing off-street parking and loading areas appropriately designed to minimize traffic circulation problems. Off-street loading spaces shall be located so that no vehicle waiting to be loaded or unloaded, maneuvering into a space or parked in a space shall interfere with any parking space, sidewalk, street, fire lane, driveway, aisle or other loading space or sight triangle.
In the event a particular development is to be constructed in stages or sections, a development plan for each particular stage or section shall be required for the issuance of each building permit.
[Amended 12-26-1978 by Ord. No. 1337-78]
From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated, and every use within a building or use accessory thereto in the City of Woodbury shall be in conformity with the provisions of this chapter. Any lawfully existing building or structure and any lawfully existing use of building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued or changed subject to the special regulations herein provided with respect to nonconforming buildings and uses.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
Word usage. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged, designed or intended to be used." The word "building" shall include the word "structure." The present tense shall include the future tense.
Terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated below. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, c. 291 (N.J.S.A. 40:55D), if defined by that statute. In the event of a conflict between a definition in this chapter and that contained in the statute, the definition in said statute shall apply under and in accordance with the usual rules of statutory construction.
[Amended 12-26-1978 by Ord. No. 1337-78]
- ACCESSORY BUILDING
- A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
- ACCESSORY USE
- A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
- ADMINISTRATIVE OFFICER
- The Zoning Officer of the City of Woodbury or other person
so designated by the City Council of the City of Woodbury.[Added 8-31-1993 by Ord. No. 1713-93]
- ADVERTISING SIGN
- A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the property on which the sign is located. An advertising sign
shall include a commercial billboard.[Added 2-11-1986 by Ord. No. 1494-86]
- APARTMENT BUILDING
- A multiple dwelling or a group of multiple dwellings, which multiple dwelling is held and designed to be held in single and separate ownership, on which common yards and other common facilities and services may be provided, and which has been authorized in accordance with the provisions of this chapter.
- A residential use in a single-family dwelling for the provision of overnight accommodations, including a morning meal, to transients for compensation. [See § 202-10A(9)(f) in this chapter for additional limitations on the use of a bed-and-breakfast.][Added 8-25-1998 by Ord. No. 1858-98]
- A dwelling or part thereof in which lodging is provided by
the owner or operator to more than three boarders. Boardinghouse shall
include the term "rooming house."[Added 6-27-1989 by Ord. No. 1592-89]
- A landscaped area designed to functionally separate and visually
screen the elements and uses of land which abut it, including streets,
and to ease the transition between them. Buffers may also function
to reduce noise, glare and other nuisances.[Added 6-12-1990 by Ord. No. 1619-90]
- BUILDING AREA
- The aggregate of the maximum horizontal cross-sectional areas, excluding cornices, eaves and gutters, of all buildings on a lot.
- BUILDING FRONTAGE
- That portion of the outer wall of any building which faces
a public street.[Added 8-31-1993 by Ord. No. 1713-93]
- BUILDING LINE
- The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.
- BUSINESS SIGN
- A sign which directs attention to a business, profession,
industry or similar activity conducted upon the property on which
the sign is located.[Added 2-11-1986 by Ord. No. 1494-86]
- CENTRAL BUSINESS DISTRICT
- That portion of the C-1 Zoning District which is centered
on Broad Street and that is located between Hunter Street and the
intersections of Penn Street, Salem Avenue and Carpenter Street. The
Central Business District will also include all land located along
intersecting streets, to the extend that they are also located within
the C-1 District.[Added 11-14-2002 by Ord. No. 1950-02]
- COMMERCIAL MESSAGE
- Any sign wording, logo, figure, symbol, color, illumination,
fixture, projection or other representation that, directly or indirectly,
names, advertises or calls attention to a business product, service
or other commercial activity.[Added 8-31-1993 by Ord. No. 1713-93]
- CONDITIONAL USE
- A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such, as
contained in this chapter, and upon issuance of a conditional use
permit by the Planning Board.[Added 12-26-1978 by Ord. No. 1337-78; amended 6-12-1990 by Ord. No. 1619-90]
- An open, unoccupied space, other than a yard, on the same lot with a building. Where courts are provided, they shall conform to the requirements of the City of Woodbury Building Code.
- CRITICAL AREAS
- Areas which have a ground slope in excess of 15%; areas which
are subject to flooding from a flood having a one-percent chance of
being equaled or exceeded in any given year; areas identified as wetlands
and wetland buffers. No building or structure, nor filing or excavating
other than that related to the construction of roadways, shall be
permitted in areas that are defined as "critical areas." No attempt
shall be made to alter the existing condition of these critical areas.[Added 12-14-2009 by Ord. No. 2110-09]
- DIRECTION SIGNS
- Signs limited to directional messages and that do not contain
a commercial message, principally for directing pedestrian and vehicular
traffic, such as "one-way," "entrance" and "exit."[Added 2-11-1986 by Ord. No. 1494-86; amended 10-2-1990 by Ord. No. 1633-90]
- DWELLING UNIT
- One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.
- ELECTRIC SUBSTATION
- An assemblage of equipment, for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public; provided that in residence districts an electric substation shall not include rotating equipment, except as is incidental to the operation of the substation as such, the storage of materials, trucks or repair facilities or the housing of repair crews.
- One or more individuals occupying a dwelling unit and living
as a single household unit.[Amended 12-26-1978 by Ord. No. 1337-78; 6-27-1989 by Ord. No. 1592-89]
- HABITABLE FLOOR SPACE
- The enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding stairways, outside balconies, basement storage areas, communicating corridors and common foyers.
- HEIGHT OF BUILDING
- A building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections of the building shall not be included in calculating the height.
- A facility offering transient lodging accommodations to the
general public and providing additional services such as restaurants,
meeting rooms and recreation facilities. See "motel."[Added 6-27-1989 by Ord. No. 1592-89]
- IMPERVIOUS SURFACE
- Any material which prevents the absorption of stormwater
and reduces the percolation rate of previously undeveloped land to
less than one inch in 120 minutes.[Added 3-19-1991 by Ord. No. 1646-91]
- INTERNAL STREET
- A private roadway within an apartment site. A driveway shall not be considered an internal street.
- LAUNDROMAT or LAUNDRY
- An establishment providing washing, drying and/or dry-cleaning
machines on the premises for self-service rental use to the general
public. An establishment that may also provide for cleaning and pressing
services; pickup stations. No chemicals shall be stored or utilized
on the premises which cannot be purchased at a typical supermarket.[Added 12-14-2009 by Ord. No. 2110-09]
- Animals typically raised for use and sale, including, but
not limited to swine, pigs, hogs, chickens and sheep.[Added 2-1-1994 by Ord. No. 1730-94]
- A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A lot must have an improved street frontage
for new construction.[Amended 12-14-2009 by Ord. No. 2110-09]
- LOT, CORNER
- A lot or parcel of land abutting upon two or more streets
at their intersection or upon two parts of the same street forming
an interior angle of less than 135°. For the purposes of this
chapter, a corner lot shall be considered to have two front yards,
one side yard and one rear yard.[Added 6-27-1989 by Ord. No. 1592-89]
- LOT COVERAGE
- That portion of the lot that is covered by buildings and
structures.[Added 6-27-1989 by Ord. No. 1592-89]
- LOT FRONTAGE
- The length of a front lot line as measured at the existing
or proposed street right-of-way line.[Added 8-31-1993 by Ord. No. 1713-93]
- An establishment providing transient accommodations, containing
six or more rooms, with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building, and which may contain restaurants, meeting rooms
and recreation facilities. See "hotel."[Added 6-27-1989 by Ord. No. 1592-89]
- NAMEPLATE SIGN
- A sign indicating only the name, occupation and/or address
of persons or person residing on or legally occupying the premises.[Added 2-11-1986 by Ord. No. 1494-86]
- PARKING SPACE
- A space in a structure or on a lot which meets the size and
other requirements of this chapter, is reserved for the parking of
a motor vehicle and has direct access from a street.[Amended 11-28-2005 by Ord. No. 2015-05]
- PARKING STRUCTURE
- A structure of more than one level designated for the storage
of vehicles. Parking structure shall include the terms "parking garage"
and "parking deck."[Added 3-19-1991 by Ord. No. 1646-91]
- PRIVATE GARAGE
- An accessory building used for the storage of motor vehicles.[Amended 2-28-1995 by Ord. No. 1758-95]
- PUBLIC GARAGE
- A building, not a private garage or service station, used primarily for the storage and/or repairs of motor vehicles of any type of ownership.
- An establishment where food and drink are prepared, served
and primarily consumed within the principal building or structure.[Added 6-27-1989 by Ord. No. 1592-89]
- RESTAURANT, DRIVE-IN OR WALK-UP
- A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of the consumption takes place or is designed to take place
outside the confines of the building, often in a motor vehicle on
the site.[Added 6-27-1989 by Ord. No. 1592-89]
- RETAIL SALES
- Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption, which render
services incidental to the sale of such goods, and are engaged in
activity designed to attract the general public to purchase such goods
or merchandise.[Added 6-27-1989 by Ord. No. 1592-89]
- RETAIL SERVICES
- Establishments providing services or entertainment, as opposed
to products, to the general public, including eating and drinking
places, hotels and motels, finance, insurance, real estate, personal
services, motion pictures, amusement and recreation establishments,
health, education and social services, museums, galleries and similar
uses.[Added 6-27-1989 by Ord. No. 1592-89]
- Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also any light with one or more beams that rotate or move
or that creates an illusion of such rotation or movement.[Added 8-31-1993 by Ord. No. 1713-93]
- SELF-SERVICE STORAGE FACILITY
- A structure containing separate storage units of varying
sizes, leased or rented individually, typically marketed for household
use.[Added 6-12-1990 by Ord. No. 1619-90]
- SERVICE AREA
- An indoor area where motor vehicles are repaired or maintained,
but not to include motor vehicle fuel dispensing areas.[Added 6-27-1989 by Ord. No. 1592-89]
- SHOPPING CENTER
- A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.[Added 12-14-2009 by Ord. No. 2110-09]
- That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing the
eating establishment.[Added 12-14-2009 by Ord. No. 2110-09]
- SIDEWALK CAFE
- Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served, or where permitted on private
properly pursuant to this chapter.[Added 12-14-2009 by Ord. No. 2110-09]
- SIDEWALK, SANDWICH BOARD OR A-FRAME SIGN
- A movable sign which is not secured or attached permanently
to the ground.[Added 2-11-1986 by Ord. No. 1494-86]
- Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, logos,
fixtures, colors, illumination or projection of images.[Amended 8-31-1993 by Ord. No. 1713-93]
- SIGN, ANIMATED OR MOVING
- Any sign which changes physical position by any movement
or rotation or which gives the visual impression of such movement
or rotation.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN AREA
- The surface display area of a sign determined by a computation
as otherwise provided for in this chapter.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, CHANGEABLE-COPY
- A sign that is designed so that the message on the sign can
be easily and periodically altered and whose message does not change
more than once a day.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, DIRECTIONAL
- Signs limited to directional messages and that do not contain
a commercial message, principally for directing pedestrian and vehicular
traffic, such as "one-way," "entrance," and "exit."[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, DIRECTORY
- A sign that lists the tenants in a multiuse building or indicates
the location of buildings and uses in a business or industrial complex.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, ELECTION
- A temporary sign that relates to a particular election for
public office, referendum or other plebiscite at the federal, state
or local level.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, FACADE
- A sign fastened to or painted on the facade of a building
or structure in such manner that the facade becomes the supporting
structure for or forms the background surface of the sign and which
does not project more than 12 inches from such building or structure.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, FREESTANDING
- Any sign supported by permanent structures or supports that
are placed on or anchored in the ground and that are independent from
any building or other structure.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, INCIDENTAL
- A sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as "No Parking,"
"Loading Zone," "Telephone" or "Rest Room" or other similar directives,
such as the hours of operation of the establishment.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, OFF-PREMISES
- A sign containing a commercial message which directs attention
to a business, commodity, service or entertainment conducted, sold
or offered at a location other than the property on which the sign
is located.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, PORTABLE
- Any sign not permanently attached to the ground or other
permanent structure; or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs converted to A or T frames; and menu and sandwich board signs.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, REAL ESTATE
- A sign pertaining to the sale or lease of a property or portion
thereof on which the sign is located.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, RESIDENTIAL
- A sign located in a district zoned for residential purposes
that does not contain any commercial message except for goods or services
legally offered on the premises on which the sign is located.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, ROOF
- A sign that is mounted on the roof of a building or which
is wholly dependent upon a building's roof for support and which projects
above the parapet of a building with a flat roof, the cornice line
of a building with a gambrel, gable or hip roof or the upper slope
line of a building with a mansard roof.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, TEMPORARY
- A sign not permanently affixed to a building or structure,
or to the ground, intended for display for a period of time not exceeding
two months.[Amended 8-31-1993 by Ord. No. 1713-93]
- SIGN, VEHICLE
- A sign affixed or painted on a vehicle or trailer and parked
at a specific location and visible from a public right-of-way for
a period in excess of 96 hours, unless such vehicle is used in the
normal day-to-day operation of the business.[Added 8-31-1993 by Ord. No. 1713-93]
- SIGN, WINDOW
- A sign that is applied or attached to the interior or exterior
of a window or located in such a manner within a building that it
is legible from the lot line which contains said sign.[Added 8-31-1993 by Ord. No. 1713-93]
- SINGLE AND SEPARATE OWNERSHIP
- The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.
- A public street, road or highway which is legally open or officially plotted by the City of Woodbury, or a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way.
- STREET LINE
- The dividing line between a lot and a street.
- SWIMMING POOL
- Any constructed pool used for swimming or bathing which has a depth in any part of 24 inches or more. A residential swimming pool is any swimming pool which is constructed on the same lot as and used in conjunction with a dwelling and which is available only to the occupants of the dwelling and their private guests.
- TELEPHONE CENTRAL OFFICE
- A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radiotelephone messages between subscribers and for other business of the telephone company, provided that in residence districts a telephone central office shall not include public business facilities, the storage of materials, trucks or repair facilities or the housing of repair crews.
- TOURIST HOME
- An establishment in a private dwelling that supplies temporary
accommodations to overnight guests for a fee.[Added 6-27-1989 by Ord. No. 1592-89]
- TRAILER CAMP
- A lot or premises used for occupancy by two or more trailers or any other vehicle used for living or sleeping purposes.
- TRAILER, VEHICLE, MOBILE OR TRANSPORTABLE SIGN
- A sign which is affixed to, painted on or part of a trailer
or similar mobile or movable device on wheels or transportable from
one location to another for the display of a business or advertising
sign, whether lighted or not.[Added 2-11-1986 by Ord. No. 1494-86]
- WHOLESALE TRADE
- Establishments or places of business primarily engaged in
selling merchandise to retailers or to industrial, commercial, institutional
or professional business users or to other wholesalers; or, acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.[Added 6-27-1989 by Ord. No. 1592-89]