City of Vineland, NJ Article XV Zoning [1]

[Amended 1-23-1996 by Ord. No. 96-4]

[1] Editor's Note: Ordinance No. 2009-72, adopted 11-24-2009, readopted in their entirety without change the following ordinances that amend this article: Ord. Nos. 2008-39, 2008-88, 2009-12 and 2009-62.

§ 425-265 Power to zone.

A. The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon. Such ordinance shall be adopted after the Planning Board has adopted the land use plan element and the housing plan element of the Master Plan, and all of the provisions of such zoning ordinance or any amendment or revision thereto shall either be substantially consistent with the land use plan element and the housing plan element of the Master Plan or designed to effectuate such plan elements, provided that the governing body may adopt a zoning ordinance or any amendment or revision thereto which in whole or in part is inconsistent with or is not designed to effectuate the land use plan element and the housing plan element of the Master Plan, but only by affirmative vote of a majority of the full authorized membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in the minutes of the governing body when adopting such a zoning ordinance, and provided further that, notwithstanding anything aforesaid, the governing body may adopt an interim zoning ordinance pursuant to § 425-359.

B. A zoning ordinance shall be drawn with reasonable consideration to the character of each district and its peculiar suitability for particular uses so as to encourage the most appropriate uses of land. The regulations in a zoning ordinance shall be uniform throughout each district for each use of land or class or kind of building or structure thereon, including planned unit development, planned unit residential development and residential cluster, but the regulations in one district may differ from those in other districts.

C. No zoning ordinance or any amendment or revision thereto shall be submitted to or adopted by initiative or referendum.

D. A zoning ordinance shall provide for the regulation of all airport safety zones, delineated under the Air Safety and Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., in conformity with standards promulgated by the Commissioner of Transportation.

E. A zoning ordinance shall provide for the regulation of land adjacent to state highways in conformity with the State Highway Access Management Code, adopted by the Commissioner of Transportation in accordance with the State Highway Access Management Act of 1989, N.J.S.A. 27:7-89 et seq., for the regulation of land with access to county roads and highways in conformity with any access management code adopted by the county in accordance with N.J.S.A. 27:161 et seq., and for the regulation of land with access to municipal streets and highways in conformity with any municipal access management code adopted in accordance with N.J.S.A. 40:67-1 et seq. This subsection shall not be construed as requiring a zoning ordinance to establish minimum lot sizes or minimum frontage requirements for lots adjacent to but restricted from access to a state highway.

F. A zoning ordinance may include districts for planned developments, provided that an ordinance providing for approval of subdivisions and site plans by the Planning Board has been adopted which incorporates therein the provisions for such planned developments in a manner consistent with N.J.S.A. 40:55D-37 et seq. The zoning ordinance shall establish standards governing the type and density or intensity of land use in a planned development. Said standards shall take into account that the density or intensity of land use otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density or intensity of land use otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of common open space, the location and physical characteristics of the site of the proposed planned development and the location, design and type of dwelling units and other uses. Such standards may, in order to encourage flexibility of housing density, design and type, authorize a deviation in various residential clusters from the density or intensity of land use established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance, and all standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated.

G. A zoning ordinance may designate and regulate historic sites or historic districts and provide design criteria and guidelines therefor. Said designation and regulation shall be in addition to such designation and regulation as the zoning ordinance may otherwise require. All historic sites and historic districts designated in the zoning ordinance shall be based on identifications in the historic preservation plan element of the Master Plan. The governing body may, at any time, adopt by affirmative vote of a majority of its authorized membership, a zoning ordinance designating one or more historic sites or historic districts that are not based on identifications in the historic preservation plan element of the Master Plan with the reasons of the governing body for so acting set forth in a resolution and recorded in the minutes of the governing body.

§ 425-266 Protest.

A protest against any proposed amendment or revision of a zoning ordinance may be filed with the City Clerk, signed by the owners of 20% or more of the area either of the lots or land included in such proposed change or of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the municipality.

§ 425-267 Referral to Planning Board.

Prior to the hearing on adoption of a zoning ordinance or any amendment or revision thereto, the governing body shall refer any such proposed ordinance or amendment or revision thereto to the Planning Board pursuant to § 425-25.

§ 425-268 Purpose.

It is the purpose of this article to regulate the nature and extent of the uses of land and of buildings and structures thereon to promote and protect the public health, safety and welfare. More specifically, it is the purpose of this article to:

A. Limit and restrict buildings and structures to specified districts, regulate buildings and structures according to their type and the nature and extent of their use and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes.

B. Regulate the bulk, height, number of stories, orientation and size of buildings and structures; the percentage of a lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes, specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to, the potential for utilization of renewable energy sources.

C. Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements, including but not limited to off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities, which shall be subject to the provisions of § 425-52.

D. Designate and regulate areas subject to flooding pursuant to N.J.S.A. 58:16A-55 et seq., or as otherwise necessary in the absence of appropriate flood hazard area designations pursuant to N.J.S.A. 58:16A-50 et seq., or floodway regulations pursuant to N.J.S.A. 58:16A-55 et seq., or minimum standards for local fringe area regulations pursuant to N.J.S.A. 58:16A-55 et seq.

E. Provide for conditional uses pursuant to § 425-304 of this article.

F. Provide for senior citizen community housing.

G. Require, as a condition for any approval which is required pursuant to this chapter and the provisions of this article, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.

H. Preserve the integrity of Pinelands areas, historic sites and districts.

I. Uphold and implement the purpose established by § 425-2 of this chapter pertaining to land development.

§ 425-269 Applicability.

No building or structure shall hereafter be erected, moved, structurally altered, rebuilt or enlarged except as provided herein nor shall any land be used for any purpose other than those allowable in each zoning district as designated herein (i.e., any use not enumerated in the applicable zone as a permitted use, a conditional use in which all specific standards are met or as an allowable accessory use associated with a permitted use shall be prohibited); nor shall open space contiguous to any building be reduced in any way except to conform to the provisions of this article and this chapter.

§ 425-270 Word usage; definitions.

A. Words and phrases used in this article shall have the meanings set forth in this article. Words and phrases not defined in this article, but defined elsewhere in this chapter, shall be given the meanings set forth in said chapter. Words and phrases not defined in this chapter, but defined in the New Jersey Annotated Code or the New Jersey Statutes Annotated, shall be given the meanings set forth in said code or statutes. For words and phrases for which no definition is available in this chapter or in the New Jersey Annotated Code or the New Jersey Statutes Annotated, the Illustrated Book of Development Definitions, authored by Harvey S. Moskowitz and Carl G. Lindbloom, published by Rutgers University in 1981, may be used as a guide. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise.

B. The following definitions shall be applicable to this article:

ACCESSORY APARTMENT

Any separate and complete dwelling unit that is contained within a single-family dwelling which is generally, but not always, intended for occupancy by extended family members. For purposes of this chapter, an accessory apartment shall be characterized by all of the following:

(1) The accessory apartment shall be serviced by the single-family dwelling's utilities.

(2) The accessory apartment shall have the same mailing address as the single-family dwelling.

(3) There shall be free access between the accessory apartment and other portions of the single-family dwelling.

(4) The resident or residents of the accessory apartment shall not pay rent.

ACCESSORY BUILDING OR STRUCTURE

Any subordinate building or structure located on the same lot as the principal building or structure, which is detached from and customarily incidental to the principal building or structure.

ACCESSORY USE

Any subordinate use located on the same lot as the principal use, which is customarily incidental to the principal use.

ACTIVE RECREATIONAL USE

Any leisure-time activity, usually of a more formal nature and performed with others, often requiring equipment, which takes place at prescribed places, sites or fields.

ADMINISTRATIVE OFFICER

The Zoning Officer for purposes of this article, unless a different municipal official is designated by ordinance or statute.

ADULT BOOK STORE

Any retail store selling publications and other material of a sexual nature.

AFFORDABLE HOUSING

Housing with a sales price or rent within the means of a low- and moderate-income household, as defined in N.J.A.C. 5:94-7.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

AGE-RESTRICTED HOUSING

Housing designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population where the head of the household is a minimum age of either 62 years or 55 years and meets the provisions of 42 U.S.C. § 3601 et seq.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

AGRICULTURAL EMPLOYEE HOUSING

Any residential structure located upon a farm to house agricultural employees working on said farm.

AGRICULTURAL OR HORTICULTURAL OPERATION

The production of plants, animals, poultry, bees, forest products, fruit or flowers with all related pursuits.

AIRPORT

Any place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.

AMUSEMENT FACILITY

Any establishment which maintains amusement devices, including but not limited to billiard tables (more than two), pool tables (more than two) and coin-operated pinball machines (more than three).

ANIMAL HOSPITAL

Any place where animals or pets are given medical or surgical treatment by a veterinarian. For purposes of this chapter, boarding of animals shall be limited to short-term care incidental to the hospital use.

ANIMAL OR POULTRY PROCESSING (SLAUGHTERING)

Any establishment where animals or poultry are killed for market.

ANTENNA

Any system of wires, poles, rods, towers, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves.

AREA-NET

The total area of a lot, excluding any public right-of-way.

ARTICULATED VEHICLE

Any truck with a short chassis and no body used in combination with a trailer for the hauling of freight, commonly referred to as a "tractor-trailer."

ASSISTED LIVING or ASSISTED LIVING FACILITY

Residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may provide other services such as recreational activities, financial services and transportation.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

ASTROLOGERS, CARDREADERS, PSYCHICS

Persons that profess to foretell future events.

AUTO BODY SHOP

Any public garage where motor vehicle bodies are painted and/or repaired. No motor vehicle shall remain at an auto body shop for longer than six months, for purposes of this chapter.

AUTO WRECKING YARD

Any property or part thereof where unregistered, inoperative motor vehicles are collected, stored, salvaged, processed or sold.

AVERAGE FINISHED GRADE

The average final elevation of the ground surface surrounding a building or structure following development. For purposes of this chapter, average finished grade shall be calculated by determining the mean of the exterior final elevations at the corners of a building or structure.

BANK

Any establishment for the custody, loan, exchange or issue of money; for the extension of credit; and for facilitating the transmission of funds.

BAR

Any establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. For purposes of this chapter, outdoor entertainment or recreation shall not be considered an accessory use for a bar.

BASEMENT

Any space having 1/2 or more of its floor-to-ceiling height above the average finished grade of a building.

BELFRY

Any bell tower.

BILLBOARD

Any sign which directs attention to a business, product, service or entertainment conducted, sold or offered at a location other than the property on which the sign is located. A billboard may also be a sign with no commercial message. Except in the Pinelands area of the City, "billboard," for purposes of this chapter, shall not include signage placed upon New Jersey Transit weather shelters within the public right-of-way, if approved by City Council.

BITUMIN PRODUCT

Any product which is derived from various mixtures of hydrocarbons and other substances, occurring naturally or obtained by distillation from coal or petroleum, found in asphalt and tar, and used for surfacing roads and for waterproofing, whether refined, blended, processed or manufactured.

[Added 9-8-2009 by Ord. No. 2009-62]

BOARDINGHOUSE

Any building, together with any related structure, accessory building, any land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guest house wherein a minimum of 85% of the units of dwelling space are offered for limited tenure only (no more than 90 days); any foster home as defined in N.J.S.A. 30:4C-26.1; any community residence for the developmentally disabled and any community residence for the mentally ill as defined in N.J.S.A. 30:11B-2; any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students; any building arranged for single room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education; any facility or living arrangement operated by, or under contract with, any state department or agency, upon written authorization of the Commissioner of the Department of Community Affairs; and any owner-occupied single-family residential dwelling made available for occupancy by not more than six guests, where the primary purpose of the occupancy is to provide charitable assistance to the guests and where the owner derives no income from the occupancy. A dwelling shall be deemed "owner-occupied," within the meaning of this definition, if it is owned or operated by a nonprofit religious or charitable association or corporation and is used as the principal residence of a minister or employee of that corporation or association. For purposes of this article, "personal services" means any services permitted or required to be furnished by an owner or operator to a resident, other than shelter, including but not limited to meals or other food services and assistance in dressing, bathing or attending to other personal needs, and "financial services" means any assistance permitted or required by the Commissioner of the Department of Community Affairs to be furnished by an owner or operator to a resident in the management of personal financial matters, including but not limited to the cashing of checks, holding of personal funds for safekeeping in any manner, or assistance in the purchase of goods or services with a resident's personal funds.

BOWLING ALLEY

Any facility which by design and construction is intended to be utilized for bowling.

BUFFER

Any strip of land intended to visibly and physically separate adjacent properties.

BUILDING

Any combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING HEIGHT

The vertical dimension measured between the average finished grade of the building or structure to the mid-point between deckline and parapet in the case of a flat roof, to the deck of a mansard roof, and to the average height between the plate and ridge of a gable, hip or gambrel roof.

BUILDING LINE

The line formed by the intersection of a horizontal plane at the average finished grade of a building or structure and a vertical plane that coincides with the exterior of said building or structure on any side. In the case of a cantilevered section of a building, the vertical plane shall coincide with the most projected surface. In the case of rooflines which project beyond the outside walls of the building, the vertical plane shall coincide with the most projected point of the roof. NOTE: All yard standards are measured from the building line.

BULK VARIANCE

Any variance as described by N.J.S.A. 40:55D-70c.

BUSINESS OFFICE

Any office, other than a professional office, rendering services on a fee or contract basis.

BUSINESS OR INDUSTRIAL ZONE

I-1, I-B, I-2, I-3, I-4, B-1, B-2, B-3 and B-4 Zones, for purposes of this chapter.

CAFETERIA

Any restaurant in which the customers serve themselves or are served at a counter and take the food to tables to eat.

CAMPGROUND

Any property upon which two or more campsites are located, established or maintained for occupancy by camping units (e.g., tents, cabins, trailers, motor homes) of the general public as temporary living quarters for recreation, education or vacation purposes.

CANNABIS (MEDICAL AND ADULT USE)

All parts of the plant Cannabis sativa L. All definitions related to the regulation of medical and adult use cannabis are contained in Article XXVII, Medical and Adult Use Cannabis. As with N.J.S.A. 24:61-1 et al., the governing statutes, the term "cannabis" relates to adult use, so as to contrast with "medical cannabis."

[Added 12-14-2021 by Ord. No. 2021-73]

CAR WASH

Any public garage where motor vehicles are cleaned, washed or waxed, whether self-serve or mechanical.

CATTERY

Any establishment wherein or whereon the business of boarding, breeding or selling cats is carried on, except a pet shop. For purposes of this chapter, pet grooming may be considered an accessory use for a cattery.

CELLAR

Any space having less than 1/2 of its floor-to-ceiling height above the average finished grade of a building.

CEMETERY

Any property used for interring the dead.

CERTIFICATE OF OCCUPANCY

Any document issued by the Department of Licenses and Inspections allowing the occupancy or use of a building or structure and certifying that the building or structure has been constructed or will be used in compliance with all the applicable City codes and ordinances.

CERTIFICATE OF ZONING COMPLIANCE

Any document signed by the Zoning Officer and supplied to a prospective purchaser, prospective mortgagee or any other person interested in any land upon which a use, building or structure exists, which acknowledges that such use, building or structure complies with the provisions of this chapter or authorized variance therefrom.

CERTIFICATION OF NONCONFORMING USE, BUILDING OR STRUCTURE

Any document signed by the Zoning Officer and supplied to a prospective purchaser, prospective mortgagee or any other person interested in any land upon which a use, building or structure exists, certifying that the use, building or structure existed before the adoption of the ordinance which rendered the use, building or structure nonconforming.

CHILD-CARE CENTER

Any private establishment, as licensed in accordance with N.J.S.A. 30:5B-1 et seq., enrolling four or more children between two and five years of age, where tuition, fees or other forms of compensation for the care of the children is charged.

CHIMNEY

Any structure containing one or more flues for drawing off emissions from stationary sources of combustion.

CHURCH, CONGREGATION

Any place, a building or structure, or a group of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. Accessory uses shall be limited to a kitchen, a meeting hall, a child-care area for utilization during services and residential units for clergy, for purposes of this chapter.

COFFEE SHOP

Any establishment that primarily sells coffee and other refreshments.

COMMENCEMENT OF USE

The establishment of a use when all governmental regulatory controls are met.

COMMERCIAL INCINERATION OR REDUCTION OF WASTE PRODUCTS

Incineration or reduction of waste products not generated on site, for purposes of this chapter.

COMMERCIAL PRODUCTION GREENHOUSE

Any building whose roof and sides are made largely of glass or other transparent or translucent material in which temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale for a farm.

COMMERCIAL/INDUSTRIAL OPERATION

Farm machinery or earthmoving equipment rental, sales and service, or a like use, for purposes of this chapter.

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

[Added 6-27-2006 by Ord. No. 2006-52]

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES

Any community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health-care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq.

[Added 2-12-2002 by Ord. No. 2002-3]

COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED

Any community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health-care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

[Added 2-12-2002 by Ord. No. 2002-3[1]]

COMMUNITY RESIDENCE FOR THE TERMINALLY ILL

Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

[Added 2-12-2002 by Ord. No. 2002-3]

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services, pursuant to N.J.S.A. 30:14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

COMMUNITY SHOPPING CENTER

Any shopping center serving a regional market. For purposes of this chapter, a community shopping center shall not have a gross floor area of less than 250,000 square feet.

COMPOSTING FACILITY

Any disposal facility where vegetative waste is degraded by microorganisms in a controlled process.

CONCRETE MIXING PLANT

Any facility which mixes a cementing material, such as portland cement, and a mineral aggregate, such as sand and gravel, to form a strong building material.

CONDITIONAL USE

Any 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 use as contained in this Zoning Ordinance and upon the issuance of an authorization therefor by the Planning Board.

CONDOMINIUM

Any condominium formed under the Condominium Act, N.J.S.A. 46:8B-1 et seq. More explicitly, "condominium" means a building or group of buildings in which units are owned individually while the structures, common areas and facilities are owned by all the owners on a proportional, undivided basis.

CONSERVATION ACTIVITY

The utilization of land by public or nonprofit entities for the intended purpose of protection and enhancement of resource values. Such activities shall include, but not be limited to, fish and wildlife areas, bird sanctuaries, nature areas and historic sites.

CONTRACTOR'S YARD

Any facility which by design and construction is primarily intended for the storage and maintenance of equipment and the storage of construction materials for a contractor involved in a building trade.

CONVALESCENT CENTER

A facility that provides short-term, primarily inpatient care, treatment, and/or rehabilitation services for persons recovering from illness or injury who do not require continued hospitalization.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

CONVALESCENT HOME

Any facility or institution, whether public or private, providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.

CONVENIENCE STORE

Any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

CONVERSION

Any change in the use of land or of a building or structure.

COOPERATIVE

Any cooperative, as defined under The Cooperative Recording Act of New Jersey, N.J.S.A. 46:8D-1 et seq.

CORNER LOT

Any lot or parcel of land abutting two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.

CORPORATE OFFICE

Any administrative headquarters of a business or industry which, for purposes of this chapter, is characterized as a single employer with over 50 employees working on site and as a facility primarily serving a regional, national or international client base not a local, walk-in clientele.

CREMATORIUM

Any establishment containing a furnace for cremating (reducing to ashes) the dead.

CUPOLA, DOME

Any small structure built on top of a roof.

DENSITY

The intensity of land use or the permitted number of dwelling units per area of land to be developed. "Gross density" means the number of dwelling units per lot area-gross, while "net density" means the number of dwelling units per lot area-net, for purposes of this chapter.

DEPTH-NET

The depth of a lot, exclusive of public right-of-way, measured in accordance with the provisions of this chapter.

DEVELOPABLE LAND or DEVELOPABLE LAND AREA

Land that is free of constraints to development and that has access to an improved roadway. Constraints to development include, but are not necessarily limited to, the following: wetlands and wetland transition areas; stream corridors; flood hazard areas; steep slopes of 15% or greater; easements; and legal impediments.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

DEVELOPMENTALLY DISABLED PERSON

Any person who is developmentally disabled as defined in N.J.S.A. 30:11B-2.

DISTRICT

Zone. For purpose of this chapter, "district," "zone" and "zoning district" are synonymous terms.

DRIVE-IN RESTAURANT

Any 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 said consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

DRIVE-IN THEATER

Any open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions on a paid-admission basis to patrons seated in automobiles.

DWELLING UNIT

One or more rooms physically arranged so as to create an independent housekeeping unit for occupancy by one family. Kitchen, bathroom and sleeping facilities shall not be shared with any other unit for purposes of this chapter.

EMISSION

Any discharge of pollutants into the air.

ENVIRONMENTAL EQUIPMENT

Equipment which may be required by the Environmental Protection Agency or by the Department of Environmental Protection.

EQUIPMENT RENTAL BUSINESS

Any retail establishment, other than a commercial/industrial operation, which rents equipment.

EQUIPMENT STORAGE BUILDING

Any building or structure used by the associated permitted use for general storage.

[Amended 9-11-2001 by Ord. No. 2001-67]

ESTABLISHMENT WHICH DOES TATTOOING, MASSAGE, BODY PIERCING

Any personal service shop which does tattooing, massage and/or body piercing.

ESTABLISHMENT WHICH TRADES OR SELLS USED MERCHANDISE

Any retail store which trades or sells used merchandise, including but not limited to a flea market, pawn shop, used furniture store, antique shop or thrift store.

FABRICATION

The process of constructing or assembling a product from diverse and usually standardized parts.

FACADE-FRONT

The exterior wall of a building or structure generally, but not always, oriented toward a public right-of-way, which is intended to be the front of the building or structure.

FAMILY

One or more individuals occupying a dwelling unit and living as a single housekeeping unit.

FAMILY DAY-CARE HOME

Any private residence in which child-care services are provided for a fee to no less than three and no more than five children at any one time for no less than 15 hours per week and which is registered pursuant to the Family Day Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:

(1) The child being cared for is legally related to the provider.

(2) Care is being provided as part of an employment agreement between the family day-care provider and an assistant or substitute provider where no payment for the care is being provided.

FARM

Any parcel of land used for agricultural activities. More explicitly, "farm" means a parcel of land used for the production, keeping or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products, livestock, including beef cattle, sheep, pigs, horses, ponies, mules and goats; bees and apiary products, fur animals; fruits of all kinds, including nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products. An agricultural or horticultural operation shall be considered a farm for purposes of this chapter.

FARM BUILDING

Any building or structure used for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market.

FAST-FOOD RESTAURANT

Any establishment whose principal business is the sale of preprepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises.

FENCING

Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FLEA MARKET

Any occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer goods, new and/or used, for sale to the public. A private garage sale shall not be considered a flea market for purposes of this chapter.

FOOD PROCESSING

Any industrial use whereby food is processed or otherwise prepared for consumption.

FORESTRY

The growing and harvesting of trees for commercial purposes.

FOSTER CHILDREN

Children who are placed with families in a dwelling unit by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child-care agency.

FRONTAGE

The side or sides of a lot abutting any constructed public right-of-way. For a lot having discontinuous segments abutting a constructed public right-of-way, each segment shall be considered a separate frontage having to meet ordinance standards. For a lot abutting more than one constructed public right-of-way, such as a corner lot, each side abutting a constructed public right-of-way shall be considered a separate frontage having to meet ordinance standards. The portion of a lot abutting a stub street or a stub end of a temporary cul-de-sac shall not be considered frontage, and any part of a stub street or stub end of a temporary cul-de-sac shall not be used for access for purposes of this chapter.

[Amended 7-23-2002 by Ord. No. 2002-49; 11-7-2005 by Ord. No. 2005-83]

FUEL STORAGE YARD

Any commercial facility where fuel is stored. A gasoline station shall not be considered a fuel storage yard for purposes of this chapter.

FUNERAL HOME

Any building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARDEN APARTMENT BUILDING

Any building containing between three and 15 dwelling units, inclusive, where access is provided by a common hall. Dwelling units can be located on top of each other, side by side or back to back for purposes of this chapter.

GARDEN EQUIPMENT SALES

Any indoor and/or outdoor retail establishment where lawn and garden equipment is sold. Said equipment shall include, but not be limited to, lawnmowers, lawn tractors, rotary cultivators and leaf mulchers.

GARDEN SUPPLY STORE

Any indoor and/or outdoor retail establishment where garden and landscaping materials are sold. Said materials shall include, but not be limited to, trees, shrubs, bedding plants, fertilizer, wood chips, mulch and decorative stone.

GASOLINE STATION

Any facility where gasoline, diesel fuel and motor oil are sold. A portion of the facility, not to exceed 2% of the lot area-net up to a maximum gross floor area of 1,000 square feet, may be devoted to the erection of a building for an office, shelter or convenience outlet to allow for the retail sale of items as would typically be available in a convenience store for purposes of this chapter.

GENERAL REPAIR GARAGE

Any commercial establishment primarily engaged in furnishing general automotive repairs to the public. For purposes of this chapter, no unregistered, inoperable motor vehicles shall be maintained at a general repair garage.

GOLF COURSE

Any facility used for playing golf with tees, greens, fairways and hazards. A golf course may contain a clubhouse or shelter which is clearly incidental to the golf course use of the property for purposes of this chapter.

GOVERNING BODY

The chief legislative body of the municipality.

GOVERNMENTAL FACILITY

Any facility of a governmental body, other than a governmental office or a governmental yard (i.e., federal, state, county, municipal, authority or school board facility). Said facilities shall include, but not be limited to, water supply wells or tanks, sewerage pumping stations, fire stations, police stations, stormwater basins and parks.

GOVERNMENTAL OFFICE

Any office of a governmental body (i.e., federal, state, county, municipal, authority or school board office).

GOVERNMENTAL YARD

Any facility which by design and construction is primarily intended for the storage and maintenance of equipment and the storage of construction materials of a governmental body (i.e., federal, state, county, municipal, authority or school board yard).

GROSS BUILDING AREA

The area a building or structure occupies upon a lot, as dimensioned from vertical planes dropped from the outermost points of said building or structure not from the exterior face or exterior walls (i.e., gross building area includes roof overhangs).

GROSS FLOOR AREA

The sum of the gross horizontal areas of the several floors of a building or structure measured from the exterior face of exterior walls, or from the center line of a common wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. The gross horizontal area of a basement or cellar is included in the calculation of gross floor area if used for anything other than heating, mechanical or similar equipment, for purposes of this chapter.

GROUNDWATER REMEDIAL ACTION

The removal or abatement of pollutants in groundwater, and includes dewatering activities performed in connection with the removal or replacement of underground storage tanks, as defined in N.J.S.A. 58:10A-22, except that, as used herein, underground storage tanks shall include:

(1) Farm underground storage tanks of 1,100 gallons or less in capacity used for storing motor fuel for noncommercial purposes.

(2) Underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less.

(3) Underground storage tanks used to store heating oil for on-site consumption in a residential building.

GROUP HOME

Any single-family dwelling, recognized as a group home by the Department of Institutions and Agencies, which is used for the placement of children; provided, however, that no such home shall contain more than 12 children.

HALFWAY HOUSE

Any profit or nonprofit boardinghome, rest home or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond food, shelter and laundry.

HEALTH-CARE FACILITY

Any facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended-care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home-health-care agency, boardinghome or other home for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions, but excluding institutions that provide healing solely by prayer.

HELIPAD

Any helistop.

HELIPORT

Any area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, and including auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

HELISTOP

Any area, either at ground level or elevated on a structure, licensed or approved for the loading and takeoff of helicopters, with no auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

HIGHWAY

Any street.

HISTORIC DISTRICT

One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.

HOME OCCUPATION

Any professional office or vocational activity carried out for gain by a resident, conducted as a permitted use in the resident's single-family dwelling.

HORIZONTAL PROPERTY REGIME

Any horizontal property regime formed under the Horizontal Property Act, N.J.S.A. 46:8A-1 et seq.

HOSPITAL

Any institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

HOSTEL

Any supervised lodging facility, usually intended for young travellers.

HOTEL

Any facility offering transient lodging accommodations to the general public, which may provide additional services such as restaurants, meeting rooms and recreational facilities.

HOUSEHOLD PETS

Domestic animals generally kept for pleasure rather than utility, such as dogs and cats.

INCINERATION OR REDUCTION OF WASTE PRODUCTS

Any controlled process by which solid, liquid or gaseous combustible wastes are burned and changed into gases and residue containing little or no combustible material.

INDOOR RECYCLING OPERATION

Any recycling operation where all activities are conducted indoors.

INDOOR THEATER

Any building or part of a building devoted to showing motion pictures or for dramatic, musical or live performances.

IN-HOME OFFICE

Any office within a single-family dwelling which is used only for making phone calls and doing paperwork for an enterprise conducted off site. Such an office shall have no identification sign and shall receive no business visitation.

INSIDE LOT

Any lot or parcel of land not abutting two or more streets at their intersection or not upon two parts of the same street forming an interior angle of less than 135°.

INTENDED ABANDONMENT

Any relinquishment of property or a cessation of the use of the property by the owner, with the intention neither of transferring the rights to the property to another owner nor of resuming the use of the property.

INTERMEDIATE-CARE FACILITY

Any facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide, but who, because of their mental or physical condition, require care and services above the level of room and board which can be made available to them only through institutional facilities such as these.

JUNKYARD

Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles or other type of junk.

KENNEL

Any establishment wherein or whereon the business of boarding, breeding, training or selling dogs is carried on, except a pet shop. For purposes of this chapter, pet grooming may be considered an accessory use for a kennel.

LAND

Ground, soil or earth, including the improvements and fixtures on, above or below the surface.

LAUNDROMAT

Any establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public for family laundering or dry-cleaning purposes.

LINEN AND/OR DIAPER SERVICE

Any establishment which accepts linen and/or diapers for laundering.

LIVESTOCK

Domestic animals, with the exception of household pets, kept or raised for use or pleasure on a farm.

LOT

Any 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.

LOT AREA-GROSS

The total area within the lot lines of a lot, including any street rights-of-way.

LOT AREA-NET

The total area within the lot lines of a lot, excluding any street rights-of-way.

LOT COVERAGE-BUILDING

The portion of a lot that is covered by buildings and structures. More explicitly, lot coverage-building is the percentage of lot area-net covered by gross building area.

LOT COVERAGE-IMPERVIOUS

The portion of a lot that is covered by man-made improvements which are more impervious than the natural surface, such as parking and driveways, whether paved or stoned. Lot coverage-impervious shall include lot coverage-building for purposes of this chapter.

LOT WIDTH

The horizontal distance between the side lines of a lot, measured at right angles to its depth for the entire required minimum lot depth-net.

[Added 1-10-2006 by Ord. No. 2005-99]

MAIN WORK SHIFT

Any scheduled period of work which results in the greatest number of employees being on site.

MAJOR APPLIANCE STORE

Any establishment engaged primarily in selling large-scale goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. For purposes of this chapter, large-scale goods shall include, but not be limited to, washers, dryers, stoves, refrigerators and air conditioners.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

MANUFACTURE

The process of making a product from raw materials using mechanical power and machinery.

MASS PRODUCTION POTTERY OR CERAMICS

The manufacture of pottery or ceramics in quantity by machinery.

MEDICAL CENTER

Any facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a public health center, diagnostic center, treatment center, rehabilitation center, outpatient clinic, dispensary, home-health-care agency and bioanalytical laboratory or central services facility serving one or more health-care facilities, but excluding institutions that provide healing solely by prayer. For purposes of this chapter, a professional building with one or more physicians in private practice shall not be considered a medical center.

[2]

MEDICAL OFFICE

Any office of a recognized medical profession maintained for the conduct of that profession. For purposes of this chapter, a dentist's or chiropractor's office shall be considered a medical office, while a veterinarian's office shall not be considered a medical office.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

MEDICAL RESEARCH or MEDICAL RESEARCH FACILITY

A facility for investigation into the medical or health sciences.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

MENTALLY ILL PERSON

Any person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23,[3] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

MID-RISE APARTMENT BUILDING

Any apartment building of more than three stories.

MINOR ARTERIAL STREET

Any roadway which interconnects with and augments the principal arterial system. A list of minor arterial streets within the City is provided in § 425-75D(2).

MOBILE HOME PARK

[Amended 5-25-1999 by Ord. No. 98-69]:

(1) A parcel of land or two or more parcels of land containing no fewer than 10 sites equipped for the installation of manufactured homes or mobile homes installed prior to the enactment of this article, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof, and where the owner or owners provide services which are provided by the municipality in which the park is located for property owners outside the park, which services may include but shall not be limited to:

(a) The construction and maintenance of streets;

(b) Lighting of streets and other common areas;

(c) Garbage removal;

(d) Snow removal; and

(e) Provisions for the drainage of surface water from home sites and common areas.

(2) While more appropriately called a "manufactured home community" today, for purposes of this chapter, "mobile home park" will continue to be used to maintain consistency with state statute.

MODEL HOME

Any home constructed within a subdivision as a sample.

MOTEL

Any establishment providing transient accommodations, containing six or more rooms, each with bath, 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. For purposes of this chapter, an auto and tourist court, motor lodge, autel and similar accommodation shall be considered a motel.

MOTOR VEHICLE AND EQUIPMENT STORAGE/REPAIR GARAGE

Any building or structure accessory to an industrial use which is intended for the storage and/or repair of motor vehicles and equipment utilized by the business on site.

NEW AND USED CAR SALES

Any property utilized for the sale, whether retail or wholesale, of new and/or used cars, trucks or other highway vehicles. For purposes of this chapter, a business which rents or leases cars, trucks or other highway vehicles shall be considered a new and used car sales.

NONCONFORMING LOT

Any lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

Any structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

Any use or activity which was lawful prior to the adoption, revision or amendment of this Zoning Ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONHAZARDOUS WASTE REDUCTION FACILITY

Any facility where a nonhazardous waste material is separated into component parts, those that can be and those that cannot be recycled. For purposes of this chapter, a sewerage treatment plant, auto wrecking yard, junkyard, recycling operation or composting facility shall not be considered a nonhazardous waste reduction facility.

OFFICE

Any room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.

ON-SITE WASTE DISPOSAL

Any utilization of property for the on-site disposal of solid or hazardous waste.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

[Added 6-27-2006 by Ord. No. 2006-52]

ORNAMENTAL CORNICE

Any decorative, rather than structural, top course that crowns a wall.

OTHER USE

Any permitted use allowable in a zoning district which is explicitly enumerated under the heading of "other uses."

OUTDOOR AMUSEMENT

Any outdoor facility intended to provide amusement or pleasurable diversion. Such facilities shall include, but not be limited to, miniature golf courses and driving ranges.

OUTDOOR STORAGE

Maintaining materials or equipment outside of a building or structure.

OUTDOOR TELEPHONE BOOTH

Any telephone made available to the public in a booth, rather than in a building. For purposes of this chapter, any outdoor telephone stand shall be considered an outdoor telephone booth.

OVERDEVELOPMENT

To develop a property to an extent greater than that allowed by the zone requirements and design standards established by this chapter.

OVERLAY AREA

Any area established by this chapter in which more stringent development standards than those required by the underlying zoning district are applicable.

PARAPET WALL

Any extension of the main walls of a building above the roof level.

PARKING

Any area designed and used for parking motor vehicles which is intended to be accessory to a permitted use within a zoning district.

PARKING LOT

Any public or private land designed and used for parking motor vehicles (limited to Class 1, 2 or 3 motor vehicles in the FHWA's 13 Vehicle Category Classification Chart, as shown in the definition of "vehicle class" in § 425-74) which is intended to be a permitted use within a zoning district.

[Amended 2-22-2022 by Ord. No. 2022-13]

PARTIAL DESTRUCTION

Any damage to a structure if the cost to restore or repair is not greater than the tax assessed value of the structure prior to the damage.

PASSENGER TERMINAL FACILITY

Any facility which by design and construction is intended to provide accommodations for air, rail or bus passengers.

PASSIVE RECREATIONAL USE

Any leisure-time activity not considered active.

PERMITTED USE

Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PERSON WITH HEAD INJURY

Any person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.

PERSONAL RECREATIONAL FACILITY

Any recreational facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.

PERSONAL SERVICE SHOP

Any establishment primarily engaged in providing services involving the care of a person or his or her apparel. Personal service shops shall include, but not be limited to, laundries, cleaning and garment services, garment pressing, linen and/or diaper services, laundromats, dry-cleaning plants, clothing rentals, carpet and upholstery cleaning, photographic studios, beauty shops, barbershops, shoe repair, hat cleaning, steam baths, reducing salons and health clubs.

PET SHOP

Any retail store where pets and/or pet products are sold to the general public. For purposes of this chapter, a kennel or cattery is not considered a pet shop.

PIGGERY

Any place where swine are kept, more specifically where three or more pigs are kept or raised.

PLANNED COMMERCIAL DEVELOPMENT

Any area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT

Any planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT

Any area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED UNIT DEVELOPMENT

Any area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Zoning Ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT

Any area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development.

PLOT PLAN

Any rough sketch map of a proposed subdivision or site plan of sufficient accuracy to be used for the purpose of discussion.

PRIME OR UNIQUE AGRICULTURAL SOILS

Any farmland classified as "prime" or "unique" by the U.S. Department of Agriculture Soil Conservation Service.

PRINCIPAL BUILDING

Any building in which is conducted the principal use of the lot on which it is located.

PRINTING AND PUBLISHING

The commercial production and issuance of literature, information, musical scores or art.

PRIVATE AIRFIELD

Any noncommercial airport.

PRIVATE GARAGE

Any structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public. A carport, open on two to four sides, shall be considered a private garage for purposes of this chapter.

[Amended 9-11-2001 by Ord. No. 2001-67]

PRODUCE MARKET

Any commercial retail establishment, other than a roadside stand, which primarily sells produce.

PROFESSIONAL BUILDING

Any building which by design and construction is intended for professional offices.

PROFESSIONAL OFFICE

Any office of a member of a recognized profession maintained for the conduct of that profession. For purposes of this chapter, a veterinarian's office shall not be considered a professional office.

PROHIBITED USE

Any use which is not permitted within a zoning district.

PUBLIC AND PRIVATE NONPROFIT DAY SCHOOL

Any public or private, nonprofit nonresidential school.

PUBLIC BUS SHELTER

For purposes of this chapter, any New Jersey Transit weather shelter.

PUBLIC GARAGE

Any building, structure or property designed and used for equipping, adjusting, greasing, washing, polishing, servicing or storage of motor vehicles, operated for profit and for service to the public.

PUBLIC PURPOSE USE

Any school, child-care center, governmental or public utility facility, governmental or public utility office or governmental or public utility yard, for purposes of this chapter.

PUBLIC UTILITY

Any utility, authority, commission, special district or other corporate entity, whether regulated or not by the Board of Regulatory Commissioners, that provides gas, electricity, water, sewerage, telephone or cable television service.

PUBLIC UTILITY FACILITY

Any facility of a public utility, other than a public utility office or a public utility yard. Said facilities shall include, but not be limited to, antennas and switching stations.

PUBLIC UTILITY OFFICE

Any office of a public utility.

PUBLIC UTILITY YARD

Any facility which by design and construction is primarily intended for the storage and maintenance of equipment and the storage of construction materials of a public utility.

QUADRUPLEX

Any structure containing four dwelling units, each of which has direct access to the outside or to a common hall. Said units may be side by side or one atop the other.

QUASI-PUBLIC

Any facility which is essentially public, although under private ownership or control.

RADIO/TELEVISION STUDIO

Any building or portion thereof used for radio or television broadcasting.

RECREATIONAL FACILITY

Any public or nonprofit park or club, whether an active recreational use or a passive recreational use, designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities. For purposes of this chapter, a commercial recreational facility shall be considered a personal service shop or an outdoor amusement, as is appropriate.

RECREATIONAL VEHICLE

Any vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and which is primarily designed as temporary living accommodation for recreational, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes. For purposes of this chapter, such vehicles, which must be registered, may be parked in any zoning district but may not be occupied as a dwelling unit.

RECYCLED MATERIAL

Any waste product which is reduced to a raw material for reuse.

RECYCLING OPERATION

Any facility where waste products are reduced to raw materials for reuse.

RENEWABLE ENERGY RESOURCE

Any energy source which can be utilized with no resultant depletion.

RESIDENTIAL CLUSTER

Any area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL USE

Any use of a property for residential purposes, including but not limited to a single-family dwelling, two-family dwelling, townhouse, garden apartment building and mid-rise apartment building.

RESIDENTIAL ZONE

R-1, R-B, R-2, R-P, R-3, R-4, A-5, A-6, W-5, W-6, P-A, P-F or P-R Zones, for purposes of this chapter.

RESOURCE EXTRACTION

Any commercial operation which extracts or remove naturally occurring materials from the ground for use off site. Such materials include, but are not limited to soil, sand, gravel and stone.

RESTAURANT

Any commercial establishment where food and drink is prepared, served and consumed within the establishment. For purposes of this chapter, outdoor entertainment or recreation shall not be considered an accessory use for a restaurant.

RETAIL GREENHOUSE

Any building whose roof and sides are made largely of glass or other transparent or translucent material in which temperature and humidity can be regulated for the cultivation or display of delicate or out-of-season plants offered for sale to the general public.

RETAIL OUTLET

Any retail sales area associated with an industrial facility which is clearly incidental to the fabrication or manufacture conducted on site.

RETAIL SALES

The sale of goods or merchandise to the general public.

RETAIL STORE

Any establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

RIDING ACADEMY

Any establishment where horses are boarded and cared for and where instruction in riding, jumping and showing may be offered and where the general public may, for a fee, hire horses for riding.

RIGHT-OF-WAY

Any strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation intended to be occupied or occupied by a street, avenue, boulevard, road, parkway, viaduct, drive or other roadway.

ROAD

Any street, for purposes of this chapter.

ROADSIDE STAND

Any booth or stall accessory to a single-family dwelling or farm from which handicrafts, flowers, fruits or vegetables produced on site are sold to the general public. Such booths or stalls shall be a maximum of 300 square feet.

ROOMING HOUSE

Any boardinghouse wherein no personal or financial services are provided.

SALON

Any establishment primarily engaged in providing services involving the care of a person. A beauty shop is an example of such an establishment.

SCHOOL

Any building or part thereof which is designed, constructed or used for academic education or instruction. For purposes of this chapter, a vocational training facility (industrial or nonindustrial) shall not be considered a school.

SELF-STORAGE BUSINESS

Any facility which provides storage space to the general public for a fee.

SENIOR DAY CARE

A facility which provides social and recreational activities, meals, and entertainment for the elderly or other persons in need of similar services on a daily basis without overnight accommodations. No medical services, other than the supervision of self-administered medication, are provided.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

SEWERAGE INDUSTRIAL PRETREATMENT SYSTEM

Any equipment installed on an industrial property which is intended to pretreat effluent prior to discharge into a sewerage collection system or on-site disposal system.

SEWERAGE TREATMENT PLANT

Any facility which by design and construction is intended to accept organic waste and wastewater generated by residential, commercial and industrial properties for treatment and disposal.

SIGN BUSINESS

Any establishment which fabricates and sells signs. For purposes of this chapter, such an establishment may have a yard for storage of materials, equipment and vehicles used by the business on site.

SILO

Any tall wood or concrete cylindrical structure used for making and storing silage.

SINGLE HOUSEKEEPING UNIT

One or more individuals living together in a dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. For purposes of this chapter, a single housekeeping unit shall function as a family.

SINGLE-FAMILY DWELLING

Any dwelling occupied by a single housekeeping unit which is not attached to any other dwelling. For purposes of this chapter, a single-family dwelling may include an accessory apartment, in-home office, family day-care home or a single boarder.

SINGLE-ROOM OCCUPANCY

Any arrangement of dwelling space which does not provide a private, secure dwelling space arranged for independent living (i.e., which does not contain both the sanitary and cooking facilities required in dwelling spaces pursuant to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.) and which is not used for limited-tenure occupancy in a hotel, motel or established guest house, regardless of the number of individuals occupying any room or rooms.

SITE PLAN

Any development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways, the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices and any other information that may be reasonably required in order to make an informed determination, pursuant to this chapter, requiring review and approval of site plans by the Planning Board or Zoning Board of Adjustment.

SKATING RINK

Any facility which by design and construction is intended to be utilized for roller skating or ice skating.

SKYLIGHT

Any opening in a structure's roof that is covered with translucent or transparent material and that is designed to admit light.

SMALL CONTRACTOR'S YARD

Any facility which by design and construction is primarily intended for the storage and maintenance of equipment and the storage of construction materials for a contractor involved in a building trade. For purposes of this chapter, a small contractor's yard shall be characterized by all of the following:

(1) The developed portion of the property devoted to the small contractor's yard shall be a maximum of 5,000 square feet.

(2) The maximum allowable size for a building or structure devoted to the small contractor's yard shall be 1,500 square feet.

(3) There shall be no more than four employees, including the owners of the business.

(4) Outdoor storage shall be screened from public view (from any public street, road or sidewalk; from any adjoining property; or from any portion of the site accessible to the public) by fencing and/or landscaping.

SPECIALIZED REPAIR GARAGE

Any commercial establishment primarily engaged in furnishing specialized automotive repairs to the public. A muffler or transmission shop is an example of such an establishment. For purposes of this chapter, no unregistered, inoperable motor vehicles shall be maintained at a specialized repair garage.

SPORTSMEN'S CLUB OR LODGE

Any facility which by design and construction is intended to be utilized for hunting and fishing.

STEAM BATH

Any sauna or bathhouse.

STONE-CRUSHING OPERATION

Any facility which mechanically pounds or grinds stone into smaller sizes.

STORAGE SHED

Any one-story structure which by design and construction is intended to provide storage for a residential building.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it, and including those basements used for the principal use.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this chapter or which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats. A "street" shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STRUCTURE

Any combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(1) Divisions of land found by the Planning Board or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.

(2) Divisions of property by testamentary or intestate provisions.

(3) Divisions of property upon court order, including but not limited to judgments of foreclosure.

(4) Consolidation of existing lots by deed or other recorded instrument.

(5) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Zoning Officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Maps of the City. For purposes of this chapter, a resubdivision shall be considered a subdivision.

SUBSTANCE ABUSE COUNSELING OR TREATMENT CENTER

Any facility which provides counseling and/or therapeutic programs for recovering alcoholics and drug addicts. For purposes of this chapter, a substance abuse or treatment center shall not provide food or shelter.

SUPERMARKET

Any retail establishment which primarily sells food as well as other convenience and household goods.

TAVERN

Any establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as an incidental to the primary use. For purposes of this chapter, outdoor entertainment or recreation shall not be considered an accessory use for a tavern.

TAXI OR BUS STOP

Any location established by the governing body reserved for a taxi or bus to stop.

TEMPORARY USE PERMIT

Any permit issued in accordance with § 425-310.

TENANT

Any leaseholder of a defined portion of a building.

TOWING FACILITY

Any public garage which offers towing services. No motor vehicle shall remain at a towing facility for longer than six months, for purposes of this chapter.

TOWNHOUSE

Any structure containing five two-story dwelling units, with interior units having two vertical party walls and end units having one party wall.

TRASH ENCLOSURE

Any four-sided enclosure which by design and construction is intended to contain and screen all trash receptacles, including dumpsters and recycling containers, on a site.

TRIPLEX

Any structure containing three dwelling units, each of which has direct access to the outside or to a common hall. Said units may be side by side or one atop the other.

TRUCK TERMINAL

Any facility where a business, service or industry involving the maintenance, servicing, or repair of commercial vehicles or the central dispatching of company-owned vehicles is conducted or rendered. For purposes of this chapter, rental of truck parking spaces shall not be considered a truck terminal.

[Amended 2-22-2022 by Ord. No. 2022-13]

TWO-FAMILY DWELLING

Any structure containing two dwelling units, each of which has direct access to the outside or to a common hall. Said units may be side by side or one atop the other.

UNIT OF DWELLING SPACE

Any room, rooms, suite or portion thereof, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons.

USE VARIANCE

Any variance as described by N.J.S.A. 40:55D-70d.

VARIANCE

Permission to depart from the literal requirements of this Zoning Ordinance pursuant to N.J.S.A. 40:55D-70b, N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-70d.

VENTILATOR

Any mechanical device which introduces fresh air and/or expels stagnant air from a building or structure.

VIDEO ARCADE

Any establishment having coin-operated video games (more than three).

VOCATIONAL ACTIVITY

Any trade requiring manual or mechanical skill.

VOCATIONAL TRAINING FACILITY (INDUSTRIAL)

Any secondary or higher education facility primarily teaching usable skills that prepare students for jobs in an industrial trade which meets the state's requirements for a vocational facility. A carpentry school is an example of such a facility.

VOCATIONAL TRAINING FACILITY (NONINDUSTRIAL)

Any secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a nonindustrial trade which meets the state's requirements for a vocational facility. A beauty school is an example of such a facility.

WAREHOUSING

Any terminal facility for handling freight, with or without maintenance facilities.

WASTE ENCLOSURE

Any enclosure on a farm where waste materials are temporarily stored prior to disposal.

WASTE STORAGE, DISPOSAL OR TRANSFER FACILITY

Any facility which stores, either temporarily or permanently, disposes of or transfers solid waste, hazardous waste, radioactive waste or sludge.

WATER TANK

Any elevated tank which by design and construction is intended for storage of potable water.

WEATHER SHELTER

Any small, roofed structure, having from one to three walls, located near a street, and designed primarily for the protection and convenience of bus passengers.

WHOLESALE LUMBER YARD

Any facility where lumber and associated products are sold to those primarily engaged in the construction trade.

WHOLESALE OPERATION

Any establishment or place or business primarily engaged in selling merchandise to retailers; 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.

YARD, FRONT

The space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. Such front yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted by this chapter.

YARD, REAR

The space extending the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard shall be unoccupied and unobstructed from the ground upward, except as may be permitted by this chapter.

YARD, SIDE

The space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.

ZONE

Any area specifically delineated by this article, with the exception of an overlay area, in which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings. For purposes of this chapter, the term "zone" shall be synonymous with "zoning district."

ZONING OFFICER

The administrative officer designated to administer the Zoning Ordinance and issue zoning permits.

ZONING ORDINANCE

This article.

ZONING PERMIT

The document signed by the Zoning Officer as required in the Zoning Ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a building or structure, which acknowledges that such use, building or structure complies with the provisions of this Zoning Ordinance or duly authorized variance therefrom.

[1] Editor's Note: This ordinance also repealed the former definition of "community residence for the developmentally disabled persons with head injuries."

[2] Editor's Note: The former definition of "medical marijuana alternative treatment center (ATC)," added 3-26-2019 by Ord. No. 2019-20, which immediately followed this definition, was repealed 7-13-2021 by Ord. No. 2021-44. This ordinance was repealed 12-14-2021 by Ord. No. 2021-73, which also repealed the former definition of "medical marijuana alternative treatment center (ATC)."

[3] Editor's Note: N.J.S.A. 30:4-23 was repealed by the Laws of 1987, c. 116, § 30, effective 6-7-1989.

§ 425-271 Enumeration of zones and overlay areas; Zoning Map.

A. The following zones are established in the City of Vineland:

[Amended 5-25-1999 by Ord. No. 98-69; 7-23-2002 by Ord. No. 2002-49; 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(1) R-1 Residential.

(2) R-B-1 Residential-Business.

(3) R-B-2 Residential-Business.

(4) R-2 Residential.

(5) R-P Residential Professional.

(6) R-3 Residential.

(7) R-4 Residential.

(8) R-5 Residential.

(9) R-6 Residential.

(10) A-5 Agricultural.

(11) A-6 Agricultural.

(12) W-5 Woodlands.

(13) W-6 Woodlands.

(14) P-A Pinelands Agricultural Production.

(15) P-F Pinelands Forest.

(16) P-R Pinelands Rural Development.

(17) I-1 Industrial Park.

(18) I-B Industrial Business.

(19) I-2 Industrial.

(20) I-3 Industrial.

(21) I-4 Industrial.

(22) B-1 Business.

(23) B-2 Business.

(24) B-3 Business.

(25) B-4 Business.

(26) MHP Mobile Home Park.

(27) IN-1 Institutional.

(28) IN-2 Institutional Campus.

(29) CO Conservation.

(30) P Public.

(31) MF Multifamily.

(32) AA-1 Active Adult.

[Added 4-14-2020 by Ord. No. 2020-17]

(33) AA-2 Active Adult.

[Added 4-14-2020 by Ord. No. 2020-17]

B. The following overlay areas are established in the City of Vineland:

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(1) Airport Hazard Area.

(2) Downtown Improvement District Area.

(3) River Conservation Area.

(4) Flood Hazard Area.

(5) Regional Mall.

(6) RT Residential Townhouse Overlay District.

[Added 4-14-2020 by Ord. No. 2020-13]

C. The location and boundaries of all zones and overlay areas are shown on the Zoning Map, which is a part of this chapter.[1]

[1] Editor's Note: The Zoning Map is located at the end of this volume.

D. Where the exact location of a boundary shown on the Zoning Map cannot be precisely determined, the following shall apply:

(1) Zone and overlay area boundaries shall follow the center lines of streets, railroads, streams and lot lines as they appear on the Zoning Map, unless a boundary is fixed by dimensions shown on said Map.

(2) Where a boundary is not fixed by dimensions but approximately follows lot lines and does not scale more than 10 feet distance therefrom, such lot lines shall be accepted as the boundary.

(3) Where a boundary divides a lot, the location of the boundary shall be determined by scale with reference to the nearest known distance on the Zoning Map.

E. For purposes of this chapter, multiple nonresidential permitted uses may co-locate on a property. This provision is not applicable within the Pinelands Area.

[Added 7-10-2007 by Ord. No. 2007-58; amended 10-23-2007 by Ord. No. 2007-84; 12-23-2008 by Ord. No. 2008-88]

§ 425-272 R-1 Residential Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of older, established residential neighborhoods within the City. Because of the existing stock of well-maintained older homes, because of the allowance for smaller lot areas and because of the variety of housing types permitted, it is anticipated that these zones will continue to provide an abundant supply of affordable units. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character and stability of these neighborhoods. It is the intent that a single-family dwelling be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is not an automatic or implied right to develop a professional building. A professional building should only be considered if all the requirements of this chapter, including design standards, can be met.

B. Permitted uses. Permitted uses in the R-1 Residential Zone shall be as follows:

(1) Single-family dwelling.

(2) Two-family dwelling.

(3) Townhouse.[1]

[1] Editor's Note: Former Subsections B(4), Garden apartment building, and B(5), Mid-rise apartment building, which immediately followed this subsection, were repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(4) Professional building.

(5) Home occupation.

(6) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(d) Governmental or public utility office.

(7) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the R-1 Residential Zone shall be as follows:

(1) Private garage, 600 square feet per dwelling unit maximum, for a single-family dwelling, two-family dwelling or townhouse.

(2) Personal recreational facilities for a residential property.

(3) One storage shed, 200 square feet maximum, for a residential property with five or fewer dwelling units, and 300 square feet maximum for a residential property with more than five dwelling units or a professional building.

[Amended 9-11-2001 by Ord. No. 2001-67]

(4) Trash enclosure.

(5) Fencing.

(6) Signage.

D. Conditional uses. Conditional uses in the R-1 Residential Zone shall be as follows:

(1) Boardinghouse, rooming house.

(2) Hospital, medical center, convalescent home.[2]

[2] Editor's Note: Former Subsection D(3), regarding community residences and community shelters, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

(3) Church, congregation.

(4) Funeral home.

(5) Recreational facility.

§ 425-273 R-B-1 Residential-Business Zone standards.

[Amended 2-12-2002 by Ord. No. 2002-3; 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

A. Purpose. It is the purpose of these zones to recognize and preserve the character of older, mixed-use areas within the City. These areas generally provide a transitional buffer between established neighborhoods and commercial/industrial uses. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the residential properties within these zones and adjoining residential zones. It is the intent that a single-family dwelling be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is not an automatic or implied right to develop a business use. A business use should only be considered if all the requirements of this chapter, including design standards, can be met. It is the intent that these zones continue to be mixed use, recognizing that all properties are not suitable for conversion.

B. Permitted uses. Permitted uses in the R-B-1 Residential-Business Zone shall be as follows:

(1) All uses permitted in the R-1 Zone, except that mid-rise apartment buildings shall not be permitted.

(2) All uses permitted in the B-1 Zone, except for those enumerated as prohibited uses below.

(3) Hotel, motel.

(4) Restaurant.

(5) Bar, tavern.

(6) Gasoline station.

(7) Amusement facility, video arcade.

(8) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(d) Governmental or public utility office.

(9) Community residence, community shelter.

C. Accessory uses. Accessory uses in the R-B-1 Residential-Business Zone shall be as follows:

(1) All accessory uses permitted in the R-1 Zone.

(2) All accessory uses permitted in the B-1 Zone.

D. Conditional uses. Conditional uses in the R-B-1 Residential-Business Zone shall be as follows:

(1) Hospital, medical center, convalescent home.[1]

[1] Editor's Note: Former Subsection D(2), regarding community residences and community shelters, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

(2) Church, congregation.

(3) Recreational facility.

E. Prohibited uses. Prohibited uses in the R-B-1 Residential-Business Zone shall be as follows:

(1) Adult bookstore.

(2) Establishment which does tattooing, massage, body piercing.

(3) Steam bath.

(4) Astrologers, cardreaders, psychics.

(5) Substance abuse counseling or treatment center.

F. Special zone requirements. The following requirements apply to development in the R-B-1 Zone:

(1) No parking (except for parking in an approved driveway to a single-family dwelling or a two-family dwelling or a townhouse) shall be located in the front yard.

(2) No outdoor storage or solid waste or recycling areas shall be located in the required front yard nor between any part of the front building facade and the street right-of-way line.

(3) No fire escapes shall be located on the front facade of any building facing the street right-of-way line.

(4) Front porches facing the street right-of-way line shall be maintained as open porches.

(5) For any development application for subdivision or variance, conditional use or site plan approval, the building design shall be suitable to the architectural character of a residential neighborhood. Buildings shall provide a front entrance facing the street right-of-way line. Parking lots shall be screened from public view. Landscaping shall be provided as required by the City design standards set forth in Article VII of this chapter (the City of Vineland Land Use Ordinance).

§ 425-274 R-B-2 Zone.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

A. Purpose. The R-B-2 Zone on Chestnut Avenue provides for the adaptive reuse of lands and buildings formerly occupied and used as the Newcomb Hospital.

B. Permitted uses. Permitted uses in the R-B-2 Residential Business Zone shall be as follows:

(1) Senior day care.

(2) Assisted living.

(3) Convalescent home.

(4) Corporate offices.

(5) Medical research facility.

(6) Professional offices.

(7) Public purpose uses.

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(d) Governmental or public utility office.

(e) Affordable age-restricted housing (maximum of 80 dwelling units).

(f) Public parks and playgrounds.

(8) Community residence, community shelter.

C. Accessory uses. Accessory uses in the R-B-2 Residential Business Zone shall be as follows:

[Amended 4-14-2020 by Ord. No. 2020-15]

(1) All accessory uses permitted in the R-B-1 Zone.

(2) Parking.

(3) Public bus shelter.

(4) Trash enclosure.

(5) Fencing.

(6) Signage.

D. Conditional uses. Conditional uses in the R-B-2 Residential Business Zone shall be as follows:

(1) Church, congregation.

(2) Funeral home.

(3) Recreational facility.

E. Prohibited uses. Prohibited uses in the R-B-2 Residential Business Zone shall be as follows:

(1) Adult bookstore.

(2) Establishment which does tattooing, massage, body piercing.

(3) Steam bath.

(4) Astrologers, cardreaders, psychics.

(5) Substance abuse counseling or treatment center.

§ 425-275 R-2 Residential Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of established, predominantly residential neighborhoods within the City. Because of the existing stock of well-maintained older homes, because of the allowance for smaller lot areas and because of the variety of housing types permitted, it is anticipated that these zones will continue to provide an abundant supply of affordable units. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character of these neighborhoods. It is the intent that a single-family dwelling be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is not an automatic or implied right to develop a quadruplex. A quadruplex should only be considered if all the requirements of this chapter, including design standards, can be met.

B. Permitted uses. Permitted uses in the R-2 Residential Zone shall be as follows:

(1) Single-family dwelling.

(2) Two-family dwelling.[1]

[1] Editor's Note: Former Subsections B(3), Triplex, and B(4), Quadruplex, which immediately followed this subsection, were repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(3) Home occupation.

(4) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(5) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the R-2 Residential Zone shall be as follows:

(1) All accessory uses permitted in the R-1 Zone.

D. Conditional uses. Conditional uses in the R-2 Residential Zone shall be as follows:

(1) Hospital, medical center, convalescent home.[2]

[2] Editor's Note: Former Subsection D(2), regarding community residences and community shelters, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

(2) Church, congregation.

(3) Cemetery, crematorium.

(4) Recreational facility.

§ 425-276 R-P Residential-Professional Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of residential areas located along selected arterials within the City. Because of the existing stock of substantial, well-maintained older homes in some areas, and because of the close proximity to established neighborhoods in others, maintenance of the residential character in conversions or new construction is paramount. It is not the intent that these areas be considered in transition, meaning that they are evolving from residential to commercial use. It is rather the intent that these areas accommodate limited, mixed-use development, if appropriate. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the residential properties within these zones and adjoining residential zones. It is the intent that maintenance or replication of Vineland's historic residential flavor, which would include tree-lined streets and expansive, landscaped front yards, be deemed essential to preserve the desired character. It is the intent that a single-family dwelling be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is not an automatic or implied right to develop a professional building. A professional building should only be considered if all the requirements of this chapter, including design standards, can be met. It is the intent that these zones continue to be mixed use, recognizing that all properties are not suitable for conversion.

B. Permitted uses. Permitted uses in the R-P Residential-Professional Zone shall be as follows:

(1) Single-family dwelling.

(2) Two-family dwelling.

(3) Professional building.

(4) Home occupation.

(5) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(d) Governmental or public utility office.

(6) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the R-P Residential-Professional Zone shall be as follows:

(1) All accessory uses permitted in the R-1 Zone.

D. Conditional uses. Conditional uses in the R-P Residential-Professional Zone shall be as follows:

(1) Hospital, medical center, convalescent home.[1]

[1] Editor's Note: Former Subsection D(2), regarding community residences and community shelters, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

(2) Church, congregation.

(3) Funeral home.

(4) Recreational facility.

(5) Heliport, helistop, helipad.

E. Special zone standards. In addition to any other standards contained within this chapter, the following special zone standards shall be applicable to any use within the R-P Residential-Professional Zone, with the exception of a single-family dwelling or a two-family dwelling:

(1) No drive opening shall be permitted for vehicular access to Chestnut Avenue or to Landis Avenue, except to serve properties which have no other street frontage or to serve corner properties where the secondary street is one-way. For properties which have no other street frontage or for corner properties where the secondary street is one-way, only one drive opening shall be permitted for vehicular access to Chestnut Avenue or to Landis Avenue.

(2) Parking facilities shall be located within side yards or rear yards and shall be completely screened from neighboring properties and any public street.

(NOTE: The locations of drive openings and parking facilities for a single-family dwelling or a two-family dwelling are not viewed as being significant for the purposes of this subsection because of differences in physical character and usage. For example, residential drive openings for a single-family dwelling or a two-family dwelling are typically not as large or as frequently used as nonresidential drive openings. The same can be said of parking facilities.)

F. Special zone requirements. The following requirements apply to development in the R-P Zone:

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(1) No parking (except for parking in a driveway to a single-family dwelling or a two-family dwelling) shall be located in the front yard.

(2) No outdoor storage or solid waste or recycling areas shall be located in the required front yard nor between any part of the front building facade and the street right-of-way line.

(3) No fire escapes shall be located on the front facade of any building facing the street right-of-way line.

(4) Front porches facing the street right-of-way line shall be maintained as open porches.

(5) For any development application for subdivision or variance or conditional use or site plan approval, the building and site shall be designed to be suitable to the architectural character of a residential neighborhood. Buildings shall provide a front entrance facing the street right-of-way line. Parking lots shall be screened from public view. Landscaping shall be provided as required by the design standards set forth in Article VII of this chapter (the City of Vineland Land Use Ordinance).

§ 425-277 R-3 Residential Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of established neighborhoods within the City. As there is extensive acreage suitable for development available within these zones, it is further the purpose of these zones to create predominantly residential areas at lesser density than the R-1, R-B, R-2 and R-P Zones, so as to provide varied housing opportunities within the City. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character of these neighborhoods. It is the intent that a single-family dwelling be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is no automatic or implied right to develop a two-family dwelling. A two-family dwelling should only be considered if all the requirements of this chapter, including design standards, can be met.

B. Permitted uses. Permitted uses within the R-3 Residential Zone shall be as follows:

(1) Single-family dwelling.[1]

[1] Editor's Note: Former Subsection B(2), Two-family dwelling, which immediately followed this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(2) Farm, except for those enumerated as prohibited uses.

(3) Home occupation.

(4) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(d) Governmental or public utility yard.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(5) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses within the R-3 Residential Zone shall be as follows:

[Amended 4-14-2020 by Ord. No. 2020-15]

(1) All accessory uses permitted in the R-1 Zone.

(2) Private garage, 1,000 square feet maximum, for a single-family dwelling.

(3) One storage shed, 300 square feet maximum, for a single-family dwelling.

(4) Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.

(5) Commercial production greenhouse for a farm.

(6) Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.

D. Conditional uses. Conditional uses in the R-3 Residential Zone shall be as follows:

[Amended 5-25-1999 by Ord. No. 98-69]

(1) Hospital, medical center, convalescent home.[2]

[2] Editor's Note: Former Subsection D(2), regarding community residences and community shelters, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

(2) Church, congregation.

(3) Funeral home.

(4) Cemetery, crematorium.

(5) Recreational facility.

E. Prohibited uses. Prohibited uses in the R-3 Residential Zone shall be as follows:

(1) Piggery, unless the lot area-net is a minimum of 50 acres and the requirements of Chapter 224, Article II, of the Code of the City of Vineland are met.

(2) Animal or poultry processing (slaughtering).

§ 425-278 R-4 Residential Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of established neighborhoods within the City. As there is extensive acreage suitable for development available within these zones, it is further the purpose of these zones to create predominantly residential areas at lesser density than the R-1, R-B, R-2, R-P and R-3 Zones, so as to provide varied housing opportunities within the City. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character of these neighborhoods. It is the intent that a single-family dwelling be the preferred use of property.

B. Permitted uses. Permitted uses within the R-4 Residential Zone shall be as follows:

(1) Single-family dwelling.

(2) Farm, except for those enumerated as prohibited uses.

(3) Home occupation.

(4) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(5) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses within the R-4 Residential Zone shall be as follows:

[Amended 4-14-2020 by Ord. No. 2020-15]

(1) All accessory uses permitted in the R-1 Zone.

(2) Private garage, 1,000 square feet maximum, for a single-family dwelling.

(3) One storage shed, 300 square feet maximum, for a single-family dwelling.

(4) Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.

(5) Commercial production greenhouse for a farm.

(6) Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.

D. Conditional uses. Conditional uses in the R-4 Residential Zone shall be as follows:

(1) Hospital, medical center, convalescent home.[1]

[1] Editor's Note: Former Subsection D(2), regarding community residences and community shelters, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

(2) Church, congregation.

(3) Recreational facility.

E. Prohibited uses. Prohibited uses in the R-4 Residential Zone shall be as follows:

(1) Piggery, unless the lot area-net is a minimum of 50 acres and the requirements of Chapter 224, Article II, of the Code of the City of Vineland are met.

(2) Animal or poultry processing (slaughtering).

§ 425-279 R-5 Residential Zone standards.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

A. Purpose. The purpose of the R-5 Zone is to implement the Master Plan recommendation for a low-density suburban/rural transition area from the City center suburbs to the City greenbelt. The R-5 Zone provides an area for development of low-density single-family detached housing. Farms will continue to be permitted, and farmland preservation as part of the low-density residential area is encouraged and supported by the City. Residential cluster development and lot size averaging will be permitted at the City's option, provided that the total number of dwellings is equivalent to the number of dwellings allowed by a conventional layout. Cluster development and lot size averaging will only be allowed where the lots are served by sewer and public water and the reduction in lot size is offset by open space preservation and protection of the environment.

B. Permitted uses.

(1) Single-family dwelling.

(2) Residential cluster.

(3) Farm, except for those enumerated as prohibited uses.

(4) Home occupation.

(5) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(6) Community residence, community shelter.

C. Accessory uses. Accessory uses within the R-5 Residential Zone shall be as follows:

[Amended 4-14-2020 by Ord. No. 2020-15]

(1) All accessory uses permitted in the R-1 Zone.

(2) Private garage, 1,000 square feet maximum, for a single-family dwelling.

(3) One storage shed, 300 square feet maximum, for a single-family dwelling.

(4) Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.

(5) Commercial production greenhouse for a farm.

(6) Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.

D. Conditional uses in the R-5 Residential Zone shall be as follows:

(1) Church, congregation.

(2) Recreational facility.

E. Prohibited uses. Prohibited uses in the R-5 Residential Zone shall be as follows:

(1) Piggery.

(2) Animal or poultry processing (slaughtering).

F. Residential cluster in the R-5 Zone. Residential cluster design within the R-5 Zone may better advance the intent and purpose of the City Master Plan for the protection of the environment and the conservation of open space, provided that the overall intensity of the cluster does not exceed the intensity of a permitted conventional development. Accordingly, a residential cluster of single-family dwellings may be permitted as an alternative form of development in the R-5 Zone on a contiguous land area that is to be developed as a single entity according to a plan that preserves a significant area of open space. The Planning Board may approve a residential cluster where it determines that the intent and purpose of the City Master Plan is better served by the cluster design and that the development meets the requisite standards and criteria for the residential cluster option.

(1) Cluster option. Cluster development may be permitted at the option of the City Planning Board as an alternative to conventional development. The Planning Board may permit the cluster option where the applicant demonstrates that, compared to a conventional layout, the cluster design will benefit the community in the following ways: by conserving natural resources; by preserving open spaces; by better protecting areas that are particularly susceptible to erosion and sediment loss; by reducing impervious surfaces; by better protecting natural drainage features and vegetation; by minimizing land disturbance from clearing and grading; by minimizing soil compaction; by reducing the use of stormwater management basins; by promoting the use of vegetated open-channel drainage systems that discharge into and through stable vegetated areas; and by reducing the need for additional infrastructure. For purposes of evaluating the cluster option, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The Planning Board shall compare the benefit of the cluster subdivision plan to the conventional subdivision plan by considering the following factors: reduction in the total area of land disturbance; reduction in the total area of impervious coverage; reduction in the total length of new streets; reduction in the construction of new structural drainage facilities; and the preservation of trees and woodland.

(a) Required location. A residential cluster of single-family dwellings shall be located on contiguous land in the R-5 Zone, with the single-family dwellings located to enable the preservation of common or public open space.

(b) Minimum total land area required. The minimum total land area required for development as a residential cluster is 50 acres. At least 65% of the total minimum land area requirement for a residential cluster shall be unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easements for utilities or drainage; rights-of-way; surface waters. Land that is already permanently protected from development as open space or as farmland through a conservation easement or other means cannot be used to satisfy the minimum area requirement.

(c) Maximum permitted number of dwelling units. The residential cluster shall not yield a greater number of dwelling units than would result from the development of the land as a fully conforming conventional subdivision of single-family lots. For purposes of determining the maximum number of dwellings permitted under the residential cluster alternative, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the Planning Board to make an informed decision that the subdivision satisfies all ordinance requirements in every respect and would be approvable as a conventional subdivision without the need for any variances, waivers or exceptions from the City development regulations. The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster.

(d) Public sewer and public water required. The dwelling units of a residential cluster must be served by public sewer and public water.

(e) Minimum area and bulk standards for residential lots. The number of dwellings shown on the accepted lot yield map of a conforming subdivision shall be the maximum number of residential lots permitted in the residential cluster. The residential cluster lots shall otherwise conform to the area, yard and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for conventional one-family development in the R-4 Residential Zone.[1]

[1] Editor's Note: The zoning schedules are included at the end of this chapter.

(f) Open space design requirements. The cluster design for open space shall be arranged to preserve land as public or common open space in accordance with the following criteria.

[1] A minimum of 50% of the gross land area of the cluster shall be preserved as common or public open space. If the residential cluster includes an existing farm, the continued use of preserved open space as a farm may be permitted, subject to Planning Board acceptance of a continued farm operation as part of the overall cluster design.

[2] All areas to be preserved as public or as common open space shall be clearly identified and reserved on the plans submitted for approval. The existing and planned use of the open space shall be indicated on the plans.

[3] The minimum land area required to be preserved as common or public open space shall be land that is not already preserved as open space or preserved as farmland.

[4] The area proposed as common or public open space shall be suitable for enjoyment and use as open space. The Planning Board may require that the applicant submit a Phase I and, if deemed necessary, a Phase II environmental report. The Planning Board may withhold approval of any area that it deems unsuitable as open space.

[5] At least 65% of the minimum land area required to be preserved as common or public open space shall be land unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easement areas for utilities or drainage; rights-of-way; surface waters.

[6] Stormwater management basins are structures and do not qualify as open space for the purpose of meeting the open space requirements. In its sole discretion, the Planning Board may permit retention basins for the permanent storage of water runoff within the open space areas, provided such basins are integrated into the site as an aesthetic feature of the open space landscape to enhance the visual environment. In its sole discretion, the Planning Board may also permit the integration of nonstructural stormwater management strategies, such as vegetated open-channel drainage systems, into the open space landscape design. Not more than 10% of the minimum required open space area may be features such as wet ponds, retention basins, and vegetated open-channel drainage systems.

[7] Any common or public open space area shall be at least 10 acres in area and have a minimum width of 200 feet and a minimum depth of 200 feet unless the Planning Board determines that the proposed open space area is contiguous with and/or expands or extends an existing common open space or a public open space; or that the proposed open space is contiguous with a land area in other ownership that has been permanently preserved as open space or as farmland pursuant to a federal, state, county or City open space acquisition or farmland preservation program. In such cases, or for other reasons that would advance the public interest, the Planning Board may approve a smaller area where it determines that such action would be beneficial to the open space design of the cluster.

[8] An open space lot shall have a minimum road frontage of at least 200 feet.

(g) Common open space ownership. The developer shall provide a plan for the use, ownership and maintenance of any common open space in a residential cluster. The plan is subject to Planning Board review and approval. The ownership plan shall be submitted with the preliminary application for development and shall identify the existing and proposed ownership of all proposed open space areas. The City, at its option and in its sole discretion, or other governmental agency approved by the City, at any time and from time to time, may accept the dedication of land or any interest therein for public use and maintenance, but the City shall not require as a condition of the approval of a residential cluster that land proposed to be set aside for common open space be dedicated or made available to public use. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a residential cluster if the open space is not dedicated to the municipality or other governmental agency. The type of ownership of land dedicated for common open space purposes shall be selected by the applicant, subject to the approval of the Planning Board.

[1] Type of ownership may include, but is not necessarily limited to, the following:

[a] The City of Vineland, subject to acceptance by the City Council.

[b] Homeowner, condominium or cooperative associations or organizations.

[c] Shared, undivided interest by all property owners in the subdivision.

[2] Any organization provided for by the developer to own or maintain open space shall not be dissolved and shall not dispose of any of its open space without first offering to dedicate such property, without cost, to the City of Vineland.

(h) Homeowners' association. If the common open space is owned and maintained by a homeowners' or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:

[1] The homeowners' association must be established before the sale of any residential unit.

[2] Membership shall be mandatory for each buyer and any successive buyer.

[3] The open space restrictions shall be permanent.

[4] The association shall be responsible for liability insurance, local taxes, and the maintenance and replacement of recreational and other facilities.

[5] Homeowners shall pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.

[6] The association must be able to adjust the assessment to meet changed needs.

(i) Maintenance of open space areas. In the event that a nonmunicipal organization with the responsibility for the common open space fails to maintain it in reasonable order and condition, then the City Council, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost of maintenance against the properties within the development.

(j) Use and improvement of common open space for active recreation. The Planning Board may approve the installation of recreational facilities suitable to the development, such as playgrounds, play fields, parks or similar outdoor recreation facilities, on the common open space. Such facilities shall be conveniently located and accessible to all dwelling units and should follow the following guidelines:

[1] One active recreation area should be provided for each 300 persons or 75 children of projected population. Such areas should not be less than four acres.

[2] For developments of more than 300 persons, active recreation or park space should be provided at the rate of 10.25 acres per 1,000 population.

(k) Undeveloped common open space. Undeveloped common open space should be left in its natural state. A developer may, however, make limited improvements for the installation of utilities, necessary grading, and the provision of paths and trails. In addition, the Planning Board may require a developer to make other improvements, such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; reforestation of disturbed areas; and grading and seeding, subject to approval by all regulatory agencies.

(l) Deed restrictions. Any lands dedicated for common open space purposes shall contain covenants and deed restrictions approved by the City Attorney that ensure that:

[1] The open space area will not be further subdivided in the future.

[2] The use of the open space will continue in perpetuity for the purpose specified.

[3] Appropriate provisions are made for the maintenance of the open space.

[4] The open space shall not be utilized for any commercial purpose. The Planning Board may, however, approve the use of open space as farmland or pastureland as part of the residential cluster design.

(m) Prior to the approval of the residential cluster, the Planning Board shall make a finding of facts and conclusions as required by N.J.S.A. 40:55D-45.

(2) The residential cluster in the R-5 Zone may be developed as age-restricted housing at the City's option. An age-restricted residential cluster shall meet the requirements for a residential cluster in the R-5 Zone, subject to the following requirements and modifications.

(a) The frontage for the age-restricted residential cluster and the access to the development shall be provided from a road classified as an arterial road by the City Master Plan.

(b) The maximum permitted number of dwelling units in the age-restricted residential cluster shall not exceed the number of dwelling units permitted for a residential cluster, unless the age-restricted residential cluster provides for the on-site construction of affordable housing.

(c) If the age-restricted development provides affordable housing, then one additional market-rate age-restricted unit will be permitted for every affordable unit provided. At the City's option, the City may accept a payment in lieu of construction of the affordable housing on site. The payment in lieu shall be in an amount as provided by the City's affordable housing regulations.

(d) The density of the development, including the additional units permitted to provide the affordable housing, shall not exceed a maximum of three dwelling units per acre.

(e) The age-restricted residential cluster may be constructed as single-family dwelling units or as townhouse units, or as a combination of such unit types, in accordance with the standards of the R-1 Zone District.

(f) The Planning Board may reduce the minimum common or public open space requirement of the cluster to 25% of the gross land area of the cluster in order to accommodate the increased number of dwelling units permitted to be developed on site.

(g) If the zoning on a site has changed subsequent to December 17, 2007, the number of units permitted for the purpose of calculating the additional number of units shall be the higher of the current number of units permitted or the number of units permitted on December 17, 2007.

G. Lot size averaging in the R-5 Zone. In its sole discretion and at its option, the Planning Board may permit lot size averaging in the R-5 Zone. The purpose of this subsection is to provide an alternative design technique for conventional development to promote the goals of the Master Plan. The overall planning for a tract may better advance the intent and purpose of the Master Plan to protect the environment and conserve open space if flexibility in the design of a major subdivision is permitted. The goals and objectives included in the Master Plan for maintaining large, contiguous open areas may be better addressed if some modification of the minimum lot size requirement in conventional development is allowed, provided the maximum number of lots that would result from a conforming conventional development is not exceeded.

(1) Lot size averaging is permitted in the R-5 Zone District in a major subdivision of a contiguous tract of land that is 15 acres or greater in area.

(2) Any development proposed for lot size averaging shall be served by public sewer and public water.

(3) Building area requirements.

(a) Lots shall conform to the requirements of the R-5 Zone as established in the area, yard and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for the R-5 Residential Zone, except that the minimum lot area required may be reduced as indicated below.

	R-5 Zone District Requirements for Lot Size Averaging
	Minimum Permissible Lot Size (square feet)		Average Lot Size (square feet)
	Inside	Corner
	16,500	18,000	40,000

(b) Within the R-5 Zone, the Planning Board may approve the varying of lot areas and dimensions and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the R-5 Zone District as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with the minimum permissible lot size for lot size averaging, and further provided that no dimension, yard, setback or other dimensional requirement shall be less than the minimum requirements of the R-4 Zone.[2]

[2] Editor's Note: The Zoning Schedules are included at the end of this chapter.

(4) Maximum permitted number of lots. The use of lot size averaging in a subdivision plan shall not result in a greater number of lots than would result if a parcel were developed as a fully conforming conventional subdivision of lots. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the Planning Board to make an informed decision that the subdivision satisfies all ordinance requirements and would be approvable by the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots shown on an accepted lot yield map shall be the maximum number of lots permitted for subdivision under lot size averaging.

(5) Design criteria. Lot size averaging may be permitted where the Planning Board determines that the resource conservation and/or farmland preservation goals and objectives of the Master Plan are better served by the lot-size-averaging plan than by the conventional plan for development. The applicant shall demonstrate to the Planning Board that the lot-size-averaging plan is clearly preferable to the conventional plan with respect to one or more of the following factors: stream corridor protection, agricultural retention, preservation of forests and woodlands, preservation of habitat for native flora and fauna, protection of scenic views, protection of landmarks, reduction in site disturbance from clearing and grading, reduction in impervious surface, conservation of the site's natural features and topography, and relationship to open spaces on neighboring parcels.

(6) Minimum lot area. The minimum lot area may be reduced to the minimum permissible lot size for lot size averaging, provided that the average lot area in the development shall be at least the conventional lot size required for the R-5 Zone, and further provided that the total number of lots shall be no greater than the maximum permitted number of lots established in accordance with the approved lot yield map.

(7) Deed restrictions. Each lot that is part of a lot-averaging plan shall be permanently deed restricted from any future subdivision of that lot. When only a portion of a tract is to be developed in a lot-averaging plan, deed restrictions against further subdivision shall be required for the portion of the tract devoted to the lot-averaging plan.

§ 425-280 R-6 Residential Zone standards.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

A. Purpose.

(1) The purpose of the R-6 Zone is to implement the Master Plan recommendation for a low-density suburban/rural transition area from the center suburbs to the beginning of the City's greenbelt. The zones provide an area for development of low-density single-family detached housing. Farms would continue to be permitted and farmland preservation within the zone is encouraged and supported by the City.

(2) Residential cluster development and lot size averaging will be permitted at the City's option, provided that the total number of dwellings is the equivalent to the number of dwellings allowed by a conventional layout. Cluster development and lot size averaging would only be allowed where the lots are served by sewer and public water and the reduction in lot size is offset by open space preservation and protection of the environment.

B. Permitted uses.

(1) Single-family dwelling.

(2) Residential cluster.

(3) Farm, except for those enumerated as prohibited uses.

(4) Home occupation.

(5) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(6) Community residence, community shelter.

C. Accessory uses. Accessory uses within the R-6 Residential Zone shall be as follows:

[Amended 4-14-2020 by Ord. No. 2020-15]

(1) All accessory uses permitted in the R-1 Zone.

(2) Private garage, 1,000 square feet maximum, for a single-family dwelling.

(3) One storage shed, 300 square feet maximum, for a single-family dwelling.

(4) Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.

(5) Commercial production greenhouse for a farm.

(6) Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.

D. Conditional uses in the R-6 Residential Zone shall be as follows:

(1) Church, congregation.

(2) Recreational facility.

E. Prohibited uses. Prohibited uses in the R-6 Residential Zone shall be as follows:

(1) Piggery.

(2) Animal or poultry processing (slaughtering).

F. Residential cluster in the R-6 Zone. Residential cluster design within the R-6 Zone may better advance the intent and purpose of the City Master Plan for the protection of the environment and the conservation of open space, provided that the overall intensity of the cluster does not exceed the intensity of a permitted conventional development. Accordingly, a residential cluster of single-family dwellings may be permitted as an alternative form of development in the R-6 Zone on a contiguous land area that is to be developed as a single entity according to a plan that preserves a significant area of open space. The Planning Board may approve a residential cluster where it determines that the intent and purpose of the City Master Plan is better served by the cluster design and that the development meets the requisite standards and criteria for the residential cluster option.

(1) Cluster option. Cluster development may be permitted at the option of the City Planning Board as an alternative to conventional development. The Planning Board may permit the cluster option where the applicant demonstrates that, compared to a conventional layout, the cluster design will benefit the community in the following ways: by conserving natural resources; by preserving open spaces; by better protecting areas that are particularly susceptible to erosion and sediment loss; by reducing impervious surfaces; by better protecting natural drainage features and vegetation; by minimizing land disturbance from clearing and grading; by minimizing soil compaction; by reducing the use of stormwater management basins; by promoting the use of vegetated open-channel drainage systems that discharge into and through stable vegetated areas; and by reducing the need for additional infrastructure. For purposes of evaluating the cluster option, the applicant shall submit a lot yield map of a conforming conventional subdivision layout for single-family dwellings. The Planning Board shall compare the benefit of the cluster subdivision plan to the conventional subdivision plan by considering the following factors: reduction in the total area of land disturbance; reduction in the total area of impervious coverage; reduction in the total length of new streets; reduction in the construction of new structural drainage facilities; and the preservation of trees and woodland.

(a) Required location. A residential cluster of single-family dwellings shall be located on contiguous land in the R-6 Zone, with the single-family dwellings located to enable the preservation of common or public open space.

(b) Minimum total land area required. The minimum total land area required for development as a residential cluster is 50 acres. At least 65% of the total minimum land area requirement for a residential cluster shall be unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easements for utilities or drainage; rights-of-way; surface waters. Land that is already permanently protected from development as open space or as farmland through a conservation easement or other means cannot be used to satisfy the minimum area requirement.

(c) Maximum permitted number of dwelling units. The residential cluster shall not yield a greater number of dwelling units than would result from the development of the land as a fully conforming conventional subdivision of single-family lots. For purposes of determining the maximum number of dwellings permitted under the residential cluster alternative, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the Planning Board to make an informed decision that the subdivision satisfies all ordinance requirements in every respect and would be approvable as a conventional subdivision without the need for any variances, waivers or exceptions from the City development regulations. The number of dwellings shown on an accepted lot yield map of a conforming subdivision shall be the maximum number of lots permitted in the residential cluster.

(d) Public sewer and public water. The dwelling units of a residential cluster must be served by public sewer and water.

(e) Minimum area and bulk standards for residential lots. The number of dwellings shown on the accepted lot yield map of a conforming subdivision shall be the maximum number of residential lots permitted in the residential cluster. The residential cluster lots shall otherwise conform to the area, yard, and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for one-family development for the R-5 Residential Zone.

(f) Open space design requirements. The cluster design for open space shall be arranged to preserve land as public or common open space in accordance with the following criteria.

[1] A minimum of 50% of the gross land area of the cluster shall be preserved as common or public open space. If the residential cluster includes an existing farm, the continued use of preserved open space as a farm may be permitted, subject to Planning Board acceptance of a continued farm operation as part of the overall cluster design.

[2] All areas to be preserved as public or as common open space shall be clearly identified and reserved on the plans submitted for approval. The existing and planned use of the open space shall be indicated on the plans.

[3] The minimum land area required to be preserved as common or public open space shall be land that is not already preserved as open space or preserved as farmland.

[4] The area proposed as common or public open space shall be suitable for enjoyment and use as open space. The Planning Board may require that the applicant submit a Phase I and, if deemed necessary, a Phase II environmental report. The Planning Board may withhold approval of any area that it deems unsuitable as open space.

[5] At least 65% of the minimum land area required to be preserved as common or public open space shall be land unencumbered by any of the following: wetlands or wetlands transition areas; areas of special flood hazard; existing easement areas for utilities or drainage; rights-of-way; surface waters.

[6] Stormwater management basins are structures and do not qualify as open space for the purpose of meeting the open space requirements. In its sole discretion, the Planning Board may permit wet ponds and retention basins for the permanent storage of water runoff within the open space areas, provided such basins are integrated into the site as an aesthetic feature of the open space landscape design to enhance the visual environment. In its sole discretion, the Planning Board may also permit the integration of nonstructural stormwater management strategies, such as vegetated open-channel drainage systems, into the open space landscape design. Not more than 10% of the minimum required open space area may be features such as wet ponds, retention basins, and vegetated open-channel drainage systems.

[7] Any common or public open space area shall be at least 10 acres in area and have a minimum width of 200 feet and a minimum depth of 200 feet, unless the Planning Board determines that the proposed open space area is contiguous with and/or expands or extends an existing common open space or a public open space or that the proposed open space is contiguous with a land area in other ownership that has been permanently preserved as open space or as farmland pursuant to a federal, state, county or City open space acquisition or farmland preservation program. In such cases, or for other reasons that would advance the public interest, the Planning Board may approve a smaller area where it determines that such action would be beneficial to the open space design of the cluster.

[8] An open space lot shall have a minimum road frontage of at least 200 feet.

(g) Common open space ownership. The developer shall provide a plan for the use, ownership and maintenance of any common open space in a residential cluster. The plan is subject to Planning Board review and approval. The ownership plan shall be submitted with the preliminary application for development and shall identify the existing and proposed ownership of all proposed open space areas. The City, at its option and in its sole discretion, or other governmental agency approved by the City, at any time and from time to time, may accept the dedication of land or any interest therein for public use and maintenance, but the City shall not require as a condition of the approval of a residential cluster that land proposed to be set aside for common open space be dedicated or made available to public use. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a residential cluster if the open space is not dedicated to the municipality or other governmental agency. The type of ownership of land dedicated for common open space purposes shall be selected by the applicant, subject to the approval of the Planning Board.

[1] Type of ownership may include, but is not necessarily limited to, the following:

[a] The City of Vineland, subject to acceptance by the City Council.

[b] Homeowner, condominium or cooperative associations or organizations.

[c] Shared, undivided interest by all property owners in the subdivision.

[2] Any organization provided for by the developer to own or maintain open space shall not be dissolved and shall not dispose of any of its open space without first offering to dedicate such property, without cost, to the City of Vineland.

(h) Homeowners' association. If the common open space is owned and maintained by a homeowners' or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:

[1] The homeowners' association must be established before the sale of any residential unit.

[2] Membership shall be mandatory for each buyer and any successive buyer.

[3] The open space restrictions shall be permanent.

[4] The association shall be responsible for liability insurance, local taxes, and the maintenance and replacement of recreational and other facilities.

[5] Homeowners shall pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners' association.

[6] The association must be able to adjust the assessment to meet changed needs.

(i) Maintenance of open space areas. In the event that a nonmunicipal organization with the responsibility for the common open space fails to maintain it in reasonable order and condition, then the City Council, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost of maintenance against the properties within the development.

(j) Use and improvement of common open space for active recreation. The Planning Board may approve the installation of recreational facilities suitable to the development, such as playgrounds, play fields, parks or similar outdoor recreation facilities, on the common open space. Such facilities shall be conveniently located and accessible to all dwelling units and should follow the following guidelines:

[1] One active recreation area should be provided for each 300 persons or 75 children of projected population. Such areas should not be less than four acres.

[2] For developments of more than 300 persons, active recreation or park space should be provided at the rate of 10.25 acres per 1,000 population.

(k) Undeveloped common open space. Undeveloped common open space should be left in its natural state. A developer may, however, make limited improvements for the installation of utilities, necessary grading, and the provision of paths and trails. In addition, the Planning Board may require a developer to make other improvements, such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; reforestation of disturbed areas; and grading and seeding, subject to approval by all regulatory agencies.

(l) Deed restrictions. Any lands dedicated for common open space purposes shall contain covenants and deed restrictions approved by the City Attorney that ensure that:

[1] The open space area will not be further subdivided in the future.

[2] The use of the open space will continue in perpetuity for the purpose specified.

[3] Appropriate provisions are made for the maintenance of the open space.

[4] The open space shall not be utilized for any commercial purpose. The Planning Board may, however, approve the use of open space as farmland or pastureland as part of the residential cluster design.

(2) The residential cluster in the R-6 Zone may be developed as age-restricted housing, at the City's option. An age-restricted residential cluster shall meet the requirements for a residential cluster in the R-6 Zone, subject to the following requirements and modifications.

(a) The frontage for the age-restricted residential cluster and the access to the development shall be provided from a road classified as an arterial road by the City Master Plan.

(b) The maximum permitted number of dwelling units in the age-restricted residential cluster shall not exceed the number of dwelling units permitted for a residential cluster, unless the age-restricted residential cluster provides for the on-site construction of affordable housing.

(c) If the age-restricted development provides affordable housing, then one additional market-rate age-restricted unit will be permitted for every affordable unit provided. At the City's option, the City may accept a payment in lieu of construction of the affordable housing on site. The payment in lieu shall be in an amount as provided by the City's affordable housing regulations.

(d) The density of the development, including the additional units permitted to provide the affordable housing, shall not exceed a maximum of three dwelling units per acre.

(e) The age-restricted residential cluster may be constructed as single-family dwelling units or as townhouse units, or as a combination of such unit types, in accordance with the standards of the R-I Zone District.

(f) The Planning Board may reduce the minimum common or public open space requirement of the cluster to 25% of the gross land area of the cluster in order to accommodate the increased number of dwelling units permitted to be developed on site.

(g) If the zoning on a site has changed subsequent to December 17, 2007, the number of units permitted for the purpose of calculating the additional number of units shall be the higher of the current number of units permitted or the number of units permitted on December 17, 2007.

(3) Prior to the approval of the residential cluster, the Planning Board shall make a finding of facts and conclusions as required by N.J.S.A. 40:55D-45.

G. Lot size averaging in the R-6 Zone. In its sole discretion and at its option, the Planning Board may permit lot size averaging in the R-6 Zone. The purpose of this subsection is to provide an alternative design technique for conventional development to promote the goals of the Master Plan. The overall planning for a tract may better respond to the intent and purpose of the Master Plan to protect the environment and conserve open space if flexibility in the design of a major subdivision is permitted. The goals and objectives included in the Master Plan for maintaining large, contiguous open areas may be better addressed if some modification of the minimum lot size requirement in conventional development is allowed, provided the maximum number of lots that would result from a conforming conventional development is not exceeded.

(1) Lot size averaging is permitted in the R-6 Zone District in a major subdivision of a contiguous tract of land that is 15 acres or greater in area.

(2) Any development proposed for lot size averaging shall be served by public sewer and public water.

(3) Building area requirements.

(a) Lots shall conform to the requirements of the R-6 Zone as established in the area, yard, and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for the R-6 Residential Zone, except that the minimum lot area required may be reduced as indicated below.

	R-6 Zone District Requirements for Lot Size Averaging
	Minimum Permissible Lot Size (square feet)		Average Lot Size (square feet)
	Inside	Corner
	30,000	30,000	80,000

(b) Within the R-6 Zone, the Planning Board may approve the varying of lot areas and dimensions and yards and setbacks otherwise required by the development regulations of the zone district in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the R-6 Zone as established in the Schedule of Area, Yard and Building Requirements, except that the minimum lot area required shall be in accordance with the minimum permissible lot size for lot size averaging, and further provided that no dimension, yard, setback or other dimensional requirement shall be less than the minimum requirements of the R-5 Zone.

(4) Maximum permitted number of lots. The use of lot size averaging in a subdivision plan shall not result in a greater number of lots than would result if a parcel were developed as a fully conforming conventional subdivision of lots. For purposes of determining the maximum number of lots permitted under lot size averaging, the applicant shall submit a lot yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the Planning Board to make an informed decision that the subdivision satisfies all ordinance requirements and would be approvable by the Planning Board as a conventional subdivision without the need for any lot area or lot dimension variances or exceptions to subdivision design standards. The number of lots shown on an accepted lot yield map shall be the maximum number of lots permitted for subdivision under lot size averaging.

(5) Design criteria. Lot size averaging may be permitted where the Planning Board determines that the resource conservation and/or farmland preservation goals and objectives of the Master Plan are better served by the lot-size-averaging plan than by the conventional plan for development. The applicant shall demonstrate to the Planning Board that the lot-size-averaging plan is clearly preferable to the conventional plan with respect to one or more of the following factors: stream corridor protection, agricultural retention, preservation of forests and woodlands, preservation of habitat for native flora and fauna, protection of scenic views, protection of landmarks, reduction in site disturbance from clearing and grading, reduction in impervious surface, conservation of the site's natural features and topography, and relationship to open spaces on neighboring parcels.

(6) Minimum lot area. The minimum lot area may be reduced to the minimum permissible lot size for lot size averaging, provided that the average lot area in the development shall be at least the conventional lot size required for the R-6 Zone, and further provided that the total number of lots shall be no greater than the maximum permitted number of lots established in accordance with the approved lot yield map.

(7) Deed restrictions. Each lot that is part of a lot-averaging plan shall be permanently deed restricted from any future subdivision of that lot. When only a portion of a tract is to be developed in a lot-averaging plan, deed restrictions against further subdivision shall be required for the portion of the tract devoted to the lot-averaging plan.

§ 425-281 A-5 Agricultural Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve areas of active agricultural use, together with adjacent areas of prime or unique agricultural soils suitable for expansion of agricultural operations, together with contiguous lands whose development would impact upon areas of active agricultural use. It is recognized that areas of active agricultural use are essential to the agricultural industry, which is a major component of the economic base of the City. It is the intent that areas of active agricultural use be sustained and that an environment compatible with agricultural operations be ensured. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character of these areas of active agricultural use. It is the intent that a farm be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is no automatic or implied right to develop a riding academy. A riding academy should only be considered if all requirements of this chapter, including design standards, can be met.

B. Permitted uses. Permitted uses within the A-5 Agricultural Zone shall be as follows:

(1) Single-family dwelling.

(2) Farm, except for those enumerated as prohibited uses.

(3) Public purpose uses:

(a) Governmental or public utility facility.

(b) Governmental or public utility yard.

(4) Other uses:

(a) Kennel, cattery.

(b) Riding academy.

(c) Radio, television studio.

(d) Private airfield.

(e) Small contractor's yard.

(f) Golf course.

(5) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the A-5 Agricultural Zone shall be as follows:

(1) Private garage, 1,200 square feet maximum, for a single-family dwelling.

[Amended 4-14-2020 by Ord. No. 2020-15]

(2) Personal recreational facilities for a single-family dwelling.

(3) One storage shed, 400 square feet maximum, for a single-family dwelling.

[Amended 9-11-2001 by Ord. No. 2001-67; 4-14-2020 by Ord. No. 2020-15]

(4) One equipment storage building, 1,500 square feet maximum, for a single-family dwelling, farm, public purpose use or other use.

[Added 9-11-2001 by Ord. No. 2001-67; amended 4-14-2020 by Ord. No. 2020-15]

(5) Agricultural employee housing for a farm.

(6) Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.

(7) Commercial production greenhouse for a farm.

(8) Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.

(9) Trash or waste enclosure.

(10) Fencing.

(11) Signage.

D. Conditional uses. Conditional uses in the A-5 Agricultural Zone shall be as follows:

[Amended 5-22-1999 by Ord. No. 98-69; 2-12-2002 by Ord. No. 2002-3]

(1) Church, congregation.

(2) Cemetery, crematorium.

(3) Recreational facility.

E. Prohibited uses. Prohibited uses in the A-5 Agricultural Zone shall be as follows:

(1) Piggery, unless the lot area-net is a minimum of 50 acres and the requirements of Chapter 224, Article II, of the Code of the City of Vineland are met.

(2) Animal or poultry processing (slaughtering).

§ 425-282 A-6 Agricultural Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve areas of active agricultural use, together with adjacent areas of prime or unique agricultural soils suitable for expansion of agricultural operations, together with contiguous lands whose development would impact upon areas of active agricultural use. It is recognized that areas of active agricultural use are essential to the agricultural industry, which is a major component of the economic base of the City. It is the intent that areas of active agricultural use be sustained and that an environment compatible with agricultural operations be ensured. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character of these areas of active agricultural use. It is the intent that a farm be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is no automatic or implied right to develop a riding academy. A riding academy should only be considered if all requirements of this chapter, including design standards, can be met.

B. Permitted uses. Permitted uses within the A-6 Agricultural Zone shall be as follows:

(1) Single-family dwelling.

(2) Farm, except for those enumerated as prohibited uses.

(3) Public purpose uses:

(a) Governmental or public utility facility.

(b) Governmental or public utility yard.

(4) Other uses:

(a) Kennel, cattery.

(b) Riding academy.

(c) Private airfield.

(d) Small contractor's yard.

(e) Golf course.

(5) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the A-6 Agricultural Zone shall be as follows:

(1) All accessory uses permitted in the A-5 Zone.

D. Conditional uses. Conditional uses in the A-6 Agricultural Zone shall be as follows:

[Added 2-12-2002 by Ord. No. 2002-3]

(1) Church, congregation;

(2) Cemetery, crematorium; and

(3) Recreational facility.

E. Prohibited uses. Prohibited uses in the A-6 Agricultural Zone shall be as follows:

(1) Piggery, unless the lot area-net is a minimum of 50 acres and the requirements of Chapter 224, Article II, of the Code of the City of Vineland are met.

(2) Animal or poultry processing (slaughtering).

§ 425-283 W-5 Woodlands Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of forested areas which support habitat of native plant and animal species, which contribute to recharge of the aquifer and which protect and enhance the water quality within watersheds contributing to river segments in the National Wild and Scenic Rivers System. These areas are viewed as an important element of the environment and are sensitive to development. These zones, which offer an opportunity for rural living, are viewed as a transitional area between higher density development and more undisturbed forested areas. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the natural environment. It is the intent that a single-family dwelling in a wooded setting be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is not an automatic or implied right to develop a riding academy. A riding academy should only be considered if all the requirements of this chapter, including design standards, can be met.

B. Permitted uses. Permitted uses in the W-5 Woodlands Zone shall be as follows:

(1) Single-family dwelling.

(2) Farm, except those enumerated as prohibited uses.

(3) Public purpose uses:

(a) Governmental or public utility facility.

(b) Governmental or public utility yard.

(4) Other uses:

(a) Kennel, cattery.

(b) Riding academy.

(c) Radio, television studio.

(d) Small contractor's yard.

(e) Golf course.

(f) Forestry.

(g) Conservation activity.

(5) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the W-5 Woodlands Zone shall be as follows:

(1) All accessory uses permitted in the A-5 Zone.[1]

[1] Editor's Note: Former Subsection C(2), allowing equipment storage for forestry or conservation activity as an accessory use in this district, which immediately followed this subsection, was repealed 9-11-2001 by Ord. No. 2001-67.

D. Conditional uses. Conditional uses in the W-5 Woodlands Zone shall be as follows:

[Amended 5-25-1999 by Ord. No. 98-69; 2-12-2002 by Ord. No. 2002-3]

(1) Church, congregation.

(2) Cemetery, crematorium.

(3) Recreational facility.

(4) Campground.

E. Prohibited uses. Prohibited uses in the W-5 Woodlands Zone shall be as follows:

(1) Piggery, unless the lot area-net is a minimum of 50 acres and the requirements of Chapter 224, Article II, of the Code of the City of Vineland are met.

(2) Animal or poultry processing (slaughtering).

§ 425-284 W-6 Woodlands Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of largely undisturbed forested areas which support habitat of native plant and animal species, which contribute to recharge of the aquifer and which protect and enhance the water quality within watersheds contributing to river segments in the National Wild and Scenic Rivers System. These areas are viewed as an essential element of the environment and are very sensitive to development. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon this environment. It is the intent that a single-family dwelling in a wooded setting be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is not an automatic or implied right to develop a riding academy. A riding academy should only be considered if all the requirements of this chapter, including design standards, can be met.

B. Permitted uses. Permitted uses in the W-6 Woodlands Zone shall be as follows:

(1) Single-family dwelling.

(2) Farm, except those enumerated as prohibited uses.

(3) Public purpose uses:

(a) Governmental or public utility facility.

(b) Governmental or public utility yard.

(4) Other uses:

(a) Kennel, cattery.

(b) Riding academy.

(c) Small contractor's yard.

(d) Golf course.

(e) Forestry.

(f) Conservation activity.

(g) Sportsmen's club or lodge.

(5) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the W-6 Woodlands Zone shall be as follows:

(1) All accessory uses permitted in the A-5 Zone.

(2) Equipment storage building for forestry or conservation activity.

D. Conditional uses. Conditional uses in the W-6 Woodlands Zone shall be as follows:

[Amended 2-12-2002 by Ord. No. 2002-3]

(1) Church, congregation.

(2) Cemetery, crematorium.

(3) Recreational facility.

(4) Campground.

(5) Resource extraction.

E. Prohibited uses. Prohibited uses in the W-6 Woodlands Zone shall be as follows:

(1) Piggery, unless the lot area-net is a minimum of 50 acres and the requirements of Chapter 224, Article II, of the Code of the City of Vineland are met.

(2) Animal or poultry processing (slaughtering).

§ 425-285 P-A Pinelands Agricultural Production Zone standards.

See § 425-196, which is made a part of this article by reference.

§ 425-286 P-F Pinelands Forest Zone standards.

See § 425-197, which is made a part of this article by reference.

§ 425-287 P-R Pinelands Rural Development Zone standards.

See § 425-198, which is made a part of this article by reference.

§ 425-288 I-1 Industrial Zone standards.

A. Purpose. It is the purpose of this zone to encourage light industrial and corporate office development in a campus-like environment. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character of these industrial areas. Strict adherence to design standards is deemed very important because of the proposed mix of uses.

B. Permitted uses. Permitted uses in the I-1 Industrial Zone shall be as follows:

(1) Research and testing laboratory.

(2) Truck terminal.

(3) Corporate office.

(4) Contractor's yard.

(5) Food processing.

(6) Printing and publishing.

(7) Industrial photofinishing.

(8) Warehousing, if all operations are conducted indoors.

(9) Fabrication of paper or wood products.

(10) Fabrication of electronic products.

(11) Fabrication of metal products.

(12) Fabrication of plastic products.

(13) Fabrication of clothing.

(14) Fabrication of leather products.

(15) Manufacture of light machinery.

(16) Manufacture of glass or glass products.

(17) Manufacture of pharmaceutical products.

(18) Fabrication or light manufacture free from objectionable odors, fumes, dirt, vibration or noise.

(19) Medical cannabis alternative treatment center.

[Added 12-14-2021 by Ord. No. 2021-73[1]]

[1] Editor's Note: This ordinance also renumbered former Subsection B(19), Public purpose uses, as Subsection B(27).

(20) Medical cannabis cultivator.

[Added 12-14-2021 by Ord. No. 2021-73]

(21) Medical cannabis manufacturer.

[Added 12-14-2021 by Ord. No. 2021-73]

(22) Medical cannabis clinical registrant.

[Added 12-14-2021 by Ord. No. 2021-73]

(23) Cannabis cultivator.

[Added 12-14-2021 by Ord. No. 2021-73]

(24) Cannabis manufacturer.

[Added 12-14-2021 by Ord. No. 2021-73]

(25) Cannabis wholesaler.

[Added 12-14-2021 by Ord. No. 2021-73]

(26) Cannabis distributor.

[Added 12-14-2021 by Ord. No. 2021-73]

(27) Public purpose uses:

(a) Child-care center.

(b) Governmental or public utility facility.

(c) Governmental or public utility office.

(d) Governmental or public utility yard.

C. Accessory uses. Accessory uses in the I-1 Industrial Zone shall be as follows:

(1) Administrative office for business on site.

(2) Motor vehicle and equipment storage/repair garage for business on site.

(3) Recreational facility for business on site.

(4) Restaurant, cafeteria, coffee shop for business on site.

(5) Outdoor storage, provided that it is screened on four sides, for business on site.

(6) Retail outlet, clearly incidental to the fabrication or manufacture conducted on site.

(7) Storage of recycled materials for utilization in the fabrication or manufacture conducted on site.

(8) Incineration or reduction of waste products generated on site.

(9) Sewage industrial pretreatment system for business on site.

(10) Environmental equipment, as may be required by the Environmental Protection Agency or by the Department of Environmental Protection.

(11) Child-care center for business on site.

(12) Parking.

(13) Public bus shelter.

(14) Trash enclosure.

(15) Fencing.

(16) Signage.

D. Conditional uses. Conditional uses in the I-1 Industrial Zone shall be as follows:

(1) Heliport, helistop, helipad.

E. Prohibited uses. Prohibited uses in the I-1 Industrial Zone shall be as follows:

(1) Manufacture of acids, corrosives, ammonia or caustics.

(2) Manufacture of cellulose products, resins, dyes or glues.

(3) Manufacture of explosives, combustible gases or fireworks.

(4) Manufacture of soaps, detergents or fertilizers derived from animal sources.

(5) Manufacture or smelting of metal or alloy ingots.

(6) Manufacture of carbon.

(7) Manufacture of disinfectants, insecticides or poisons.

(8) Manufacture or rendering of vegetable or animal fats, lard or tallow.

(9) Manufacture of feeds from refuse, mash or brewers' grain.

(10) Manufacture of lime, gypsum or plaster products.

(11) Manufacture of perfumes or extracts.

(12) Manufacture of plastics.

(13) Manufacture of rubber or rubber treatments.

(14) Manufacture of starches, glucose or dextrines.

(15) Manufacture of brick, tile, terra cotta or charcoal.

(16) Manufacture of linoleum or oil cloth.

(17) Manufacture of sandpaper or emery.

(18) Refining of petroleum or petroleum products.

(19) Extracting of radioactive materials.

(20) Curing or tanning of hides.

(21) Animal or poultry processing (slaughtering).

(22) Stone-crushing operation.

(23) Distillation of tar, roofing or waterproofing materials.

(24) All uses or operations which are offensive because of emissions, vibration, noise, glare or fire or explosive hazard.

(25) Commercial incineration or reduction of waste products.

(26) On-site waste disposal (solid or hazardous waste facility).

(27) Sewerage treatment plant.

(28) Resource extraction.

(29) Professional building.

(30) Any residential use.

(31) Production of bitumen products.

[Added 9-8-2009 by Ord. No. 2009-62]

F. Special zone standards. In addition to any other standards contained within this chapter, the following special zone standards shall be applicable to any use within the I-1 Industrial Zone:

(1) Service areas, loading docks or similar appurtenances shall be located within side yards or rear yards.

(2) All fabrication and manufacture operations shall be in a closed building.

(3) Outdoor storage shall be screened from public view (from any public street, road or sidewalk, from any adjoining property or from any portion of the site accessible to the public) by fencing and/or landscaping.

(4) A minimum of 20% of each site shall be maintained as natural woodland or be seeded and landscaped. All existing trees are to be retained wherever possible.

§ 425-289 I-B Industrial-Business Zone standards.

A. Purpose. It is the purpose of these zones to establish an area of mixed commercial and industrial uses. Because this represents an area in transition, changing from residential and agricultural uses to commercial and industrial uses, there remains an allowance for single-family dwellings and farms. It is the intent, however, that a commercial or industrial development be the preferred use of property, as none of the other permitted uses are to be considered unless all other requirements of this chapter can be met. For example, there is not an automatic or implied right to develop a residential subdivision. A residential subdivision should only be considered if all the requirements of this chapter, including design standards, are met.

B. Permitted uses. Permitted uses in the I-B Industrial-Business Zone shall be as follows:

(1) [1]Farm, except for those enumerated as prohibited uses.

[1] Editor's Note: Former Subsection B(1), Single-family dwelling, which preceded this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(2) All uses permitted in the I-1 Zone.

(3) Vocational training facility (industrial).

(4) Wholesale operation.

(5) All uses permitted in the B-3 Zone, except for public garage (car wash, auto body shop, towing facility), drive-in theater, flea market, self-storage business, sign business, new and used car sales and billboards.

[Amended 12-26-2023 by Ord. No. 2023-75]

(6) Airport.

(7) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the I-B Industrial-Business Zone shall be as follows:

(1) All accessory uses permitted in the A-6 Zone.

(2) All accessory uses permitted in the I-1 Zone.

(3) All accessory uses permitted in the B-3 Zone.

D. Conditional uses. Conditional uses in the I-B Industrial-Business Zone shall be as follows:

[Amended 2-12-2002 by Ord. No. 2002-3]

(1) [2]Recreational facility.

[2] Editor's Note: Former Subsection D(1), Church, congregation, which preceded this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(2) Heliport, helistop, helipad.

E. Prohibited uses. Prohibited uses in the I-B Industrial-Business Zone shall be as follows:

(1) All uses prohibited in the A-6 Zone.

(2) All uses prohibited in the I-1 Zone, except for single-family dwelling and professional building.

F. Special zone standards. In addition to any other standards contained within this chapter, the following special zone standards shall be applicable to any use within the I-B Industrial-Business Zone: all special zone standards applicable in the I-1 Zone.

§ 425-290 I-2 Industrial Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of established industrial areas within the City. As there is acreage suitable for development available within these zones, it is further the purpose of this chapter to create industrial areas allowing more uses than the I-1 or I-B Zones, so as to provide varied industrial opportunities within the City. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the utility of these industrial areas and upon the quality of life of adjoining residential areas. Strict adherence to design standards is deemed important.

B. Permitted uses. Permitted uses in the I-2 Industrial Zone shall be as follows:

(1) All uses permitted in the I-1 Zone, except for corporate office and governmental or public utility office.

(2) Vocational training facility (industrial).

(3) Wholesale operation.

(4) Manufacture of sandpaper or emery.

(5) Manufacture, reconditioning or rebuilding of machinery.

(6) Animal or poultry processing (slaughtering).

(7) Mass production of pottery or ceramics.

(8) Commercial/industrial operation, such as farm machinery or earthmoving equipment sales and service.

(9) Passenger terminal facility.

C. Accessory uses. Accessory uses in the I-2 Industrial Zone shall be as follows:

(1) All accessory uses permitted in the I-1 Zone.

D. Conditional uses. Conditional uses in the I-2 Industrial Zone shall be as follows:

(1) Recreational facility.

(2) Heliport, helistop, helipad.

(3) Medical marijuana alternative treatment center.

[Added 3-26-2019 by Ord. No. 2019-20]

E. Prohibited uses. Prohibited uses in the I-2 Industrial Zone shall be as follows:

(1) Manufacture of acids, corrosives, ammonia or caustics.

(2) Manufacture of cellulose products, resins, dyes or glues.

(3) Manufacture of explosives, combustible gases or fireworks.

(4) Manufacture of soaps, detergents or fertilizers derived from animal sources.

(5) Manufacture of smelting of metal or alloy ingots.

(6) Manufacture of carbon.

(7) Manufacture of disinfectants, insecticides or poisons.

(8) Manufacture or rendering of vegetable or animal fats, lard or tallow.

(9) Manufacture of feeds from refuse, mash or brewers' grain.

(10) Manufacture of lime or gypsum products.

(11) Manufacture of perfumes or extracts.

(12) Manufacture of plastics.

(13) Manufacture of rubber or rubber treatments.

(14) Manufacture of starches, glucose or dextrines.

(15) Manufacture of brick, tile, terra cotta or charcoal.

(16) Manufacture of linoleum.

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(17) Refining of petroleum or petroleum products.

(18) Extracting of radioactive materials.

(19) Curing or tanning of hides.

(20) Stone-crushing operation.

(21) Distillation of tar, roofing or waterproofing materials.

(22) Commercial incineration or reduction of waste products.

(23) On-site waste disposal (solid or hazardous waste facility).

(24) Sewerage treatment plant.

(25) Resource extraction.

(26) Professional building.

(27) All residential uses.

(28) Production of bitumen products.

[Added 9-8-2009 by Ord. No. 2009-62]

§ 425-291 I-3 Industrial Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of established industrial areas within the City. As there is acreage suitable for development available within these zones, it is further the purpose of this chapter to create industrial areas allowing more uses than the I-1, I-B or I-2 Zones, so as to provide varied industrial opportunities within the City. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the utility of these industrial areas and upon the quality of life of adjoining residential areas. Strict adherence to design standards is deemed important.

B. Permitted uses. Permitted uses in the I-3 Industrial Zone shall be as follows:

(1) All uses permitted in the I-2 Zone.

(2) Manufacture of brick, tile or terra cotta.[1]

[1] Editor's Note: Former Subsection B(3), Stone crushing operation, which immediately followed this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(3) Manufacture of prestressed concrete or related products.

[Amended 9-8-2009 by Ord. No.2009-62]

(4) Concrete mixing plant.

(5) Wholesale lumber yard.

(6) Indoor recycling operation, where all activities are conducted indoors.

(7) Fuel storage yard.

C. Accessory uses. Accessory uses in the I-3 Industrial Zone shall be as follows:

(1) All accessory uses permitted in the I-1 Zone.

D. Conditional uses. Conditional uses in the I-3 Industrial Zone shall be as follows:

(1) Recreational facility.

(2) Heliport, helistop, helipad.

(3) Resource extraction.

E. Prohibited uses. Prohibited uses in the I-3 Industrial Zone shall be as follows:

(1) All uses prohibited in the I-2 Zone, except for manufacture of brick, tile or terra cotta; recycling facility, if all operations are conducted indoors; and resource extraction.

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

F. Special zone standards. In addition to any other standards contained within this chapter, the following special zone standards shall be applicable within the I-3 Industrial Zone:

(1) An indoor recycling operation, where all activities are conducted indoors, shall be subject to the licensing provisions contained in Article XII.

§ 425-292 I-4 Industrial Zone standards.

A. Purpose. It is the purpose of this zone to preserve areas exclusively for heavier industrial uses within the City. It is important that zone regulations and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the utility of the industrial areas and upon the quality of life of adjoining residential areas. Strict adherence to design standards is deemed important, as is the absolute integrity of these zones, because of the difficulty in siting and because of the limited supply of land available.

B. Permitted uses. Permitted uses in the I-4 Industrial Zone shall be as follows:

(1) Sewerage treatment plant.

(2) Auto wrecking yard.

(3) Nonhazardous waste reduction facility.

(4) Junkyard.

(5) Recycling operation.

(6) Composting facility.

(7) Medical cannabis alternative treatment center.

[Added 12-14-2021 by Ord. No. 2021-73[1]]

[1] Editor's Note: This ordinance also renumbered former Subsection B(7), Public purpose uses, as Subsection B(15).

(8) Medical cannabis cultivator.

[Added 12-14-2021 by Ord. No. 2021-73]

(9) Medical cannabis manufacturer.

[Added 12-14-2021 by Ord. No. 2021-73]

(10) Medical cannabis clinical registrant.

[Added 12-14-2021 by Ord. No. 2021-73]

(11) Cannabis cultivator.

[Added 12-14-2021 by Ord. No. 2021-73]

(12) Cannabis manufacturer.

[Added 12-14-2021 by Ord. No. 2021-73]

(13) Cannabis wholesaler.

[Added 12-14-2021 by Ord. No. 2021-73]

(14) Cannabis distributor.

[Added 12-14-2021 by Ord. No. 2021-73]

(15) Public purpose uses:

(a) Child-care center.

(b) Governmental or public utility facility.

(c) Governmental or public utility yard.

C. Accessory uses. Accessory uses in the I-4 Industrial Zone shall be as follows:

(1) All accessory uses permitted in the I-1 Zone.

D. Conditional uses. Conditional uses in the I-4 Industrial Zone shall be as follows:

(1) Recreational facility.

(2) Resource extraction.

(3) Production of bitumen products.

[Added 9-8-2009 by Ord. No. 2009-62]

E. Special zone standards. In addition to any other standards contained within this chapter, the following special zone standards shall be applicable within the I-4 Industrial Zone:

(1) Outdoor storage shall be screened from public view (from any public street, road or sidewalk; from any adjoining property; or from any portion of the site accessible to the public) by a screening fence 10 feet high.

(2) The developed portion of the site of any permitted use, with the exception of a public purpose use, shall be a minimum of 100 feet away from any zone boundary line. This expanded buffer area shall be kept free of weeds and debris.

(3) An auto wrecking yard, a nonhazardous waste reduction facility, a junkyard or a recycling operation shall be subject to the regulations contained in Article XII, which by reference is made a part of this article.

(4) Shrubbery, bushes or hedges shall be installed along all public street frontages, planted 10 feet in from the right-of-way line to enhance the aesthetics of the streetscape.

(5) All access drives and parking areas shall be paved.

§ 425-293 B-1 Business Zone standards.

A. Purpose. It is the purpose of this zone to recognize and preserve the character of the City's historic downtown or main street. It is important that zone regulations and design standards not be sacrificed to allow overdevelopment or improper utilization of properties, as this would negatively impact upon the character and viability of the downtown and upon the stability of adjoining, older neighborhoods.

B. Permitted uses. Permitted uses in the B-1 Business Zone shall be as follows:

(1) Retail store, except for those enumerated as prohibited uses.

(2) Convenience store.

(3) Business, professional or medical office.

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(4) Bank.

(5) Passenger terminal facility, taxi or bus stop.

(6) Personal service shop, salon, except for those enumerated as prohibited uses.

(7) Vocational training facility (nonindustrial).

(8) Parking lot.

(9) Restaurant (as defined in Chapter 216, Alcoholic Beverages, of the Code of the City of Vineland).

[Amended 7-8-1997 by Ord. No. 97-41]

(10) Indoor theater.

(11) Public purpose uses:

(a) Child-care center.

(b) Governmental or public utility facility.

(c) Governmental or public utility office.

C. Accessory uses. Accessory uses in the B-1 Business Zone shall be as follows:

(1) Indoor storage of goods, which are sold on site (not warehousing), for business on site.

(2) Residential use, limited to upper floors.

(3) Parking.

(4) Public bus shelter.

(5) Trash enclosure.

(6) Fencing.

(7) Signage.

D. Conditional uses. Conditional uses in the B-1 Business Zone shall be as follows:

(1) Church, congregation.[1]

[1] Editor's Note: Former Subsection D(2), Funeral home, which immediately followed this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(2) Recreational facility.

E. Prohibited uses. Prohibited uses in the B-1 Business Zone shall be as follows:

(1) Adult bookstore.

(2) Amusement facility, video arcade.

(3) Establishment which trades or sells used merchandise (flea market, pawn shop, used furniture store, antique shop, thrift store).

(4) Laundromat.[2]

[2] Editor's Note: Former Subsection E(5), Linen and/or diaper service, which immediately followed this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(5) Establishment which does tattooing, massage, body piercing.[3]

[3] Editor's Note: Former Subsection E(7). Steam bath, which immediately followed this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(6) Astrologers, cardreaders, psychics.

(7) Substance abuse counseling or treatment center.

§ 425-294 B-2 Business Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve commercial areas which are specifically intended to provide convenient service to surrounding neighborhoods. Because of the necessary interface with residential zones, it is important that negative impacts be minimized. The intent is that nodes of commercial uses be created and continued sprawl along collector and arterial roadways be prevented. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment or improper utilization of properties, as this would negatively impact upon the character of the commercial area and the stability of adjoining neighborhoods. Strict adherence to design standards is deemed important.

B. Permitted uses. Permitted uses in the B-2 Business Zone shall be as follows:

(1) All uses permitted in the B-1 Zone, in addition those uses enumerated as prohibited uses in the B-1 Zone.

(2) Restaurant.

(3) Bar, tavern.[1]

[1] Editor's Note: Former Subsections B(4), Gasoline station, and B(5), Public garage, which immediately followed this subsection, were repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

(4) Senior day-care facility.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

C. Accessory uses. Accessory uses in the B-2 Business Zone shall be as follows:

(1) All accessory uses permitted in the B-1 Zone.

D. Conditional uses. Conditional uses in the B-2 Business Zone shall be as follows:

(1) Church, congregation.

(2) Recreational facility.

§ 425-295 B-3 Business Zone standards.

A. Purpose. It is the purpose of these zones to recognize and preserve the character of highway business areas within the City. As there is acreage suitable for development available within these zones, it is further the purpose of this chapter to create business areas allowing more uses than the B-1 and B-2 Zones, so as to provide varied business opportunities within the City. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment of properties, as this would negatively impact upon the character of these business areas and upon the quality of life of adjoining residential areas. Strict adherence to design standards is deemed important, particularly those standards which govern safe ingress/egress, as the function of the highway system must be preserved.

B. Permitted uses. Permitted uses in the B-3 Business Zone shall be as follows:

(1) All uses permitted in the B-1 Zone, in addition those uses enumerated as prohibited uses in the B-1 Zone.

(2) Restaurant.

(3) Bar, tavern.

(4) Fast-food restaurant.

(5) Drive-in restaurant.

(6) Gasoline station.

(7) Public garage:

(a) General repair garage.

(b) Specialized repair garage.

(c) Car wash.

(d) Auto body shop.

(e) Towing facility.

(8) Produce market.

(9) Animal hospital.

(10) Hotel, motel.

(11) Drive-in theater.

(12) Outdoor amusement.

(13) Flea market.

(14) Bowling alley, skating rink.

(15) Retail greenhouse.

(16) Garden supply store.

(17) Garden equipment sales.

(18) Equipment rental business.

(19) Self-storage business.

(20) Sign business.

(21) Supermarket.

(22) New and used car sales.

(23) Billboard.

(24) Senior day-care facility.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(25) Assisted living residence.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

C. Accessory uses. Accessory uses in the B-3 Business Zone shall be as follows:

(1) All accessory uses permitted in the B-1 Zone.

(2) Manufacturing clearly incidental to on-site retail business, such as silk-screening T-shirts or making ceramics, employing up to four persons only, provided that the use is a permitted industrial use under this chapter.

D. Conditional uses, Conditional uses in the B-3 Business Zone shall be as follows:

(1) [1]Recreational facility.[2]

[1] Editor's Note: Former Subsection D(1), Church, congregation, which preceded this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

[2] Editor's Note: Former Subsection D(2), Mobile home park, which followed this subsection, was repealed 5-25-1999 by Ord. No. 98-69.

(2) Medical marijuana alternative treatment center (dispensary facility only).

[Added 3-26-2019 by Ord. No. 2019-20]

(3) Medical cannabis dispensary.

[Added 12-14-2021 by Ord. No. 2021-73]

(4) Cannabis retailer.

[Added 12-14-2021 by Ord. No. 2021-73]

§ 425-296 B-4 Business Zone standards.

A. Purpose. It is the purpose of these zones to encourage larger scale comprehensively planned, regional commercial complexes along selected arterials within the City. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment or improper utilization of properties, as this would negatively impact upon the character of these business areas and upon the quality of life of adjoining residential areas. Strict adherence to design standards is deemed very important because these zones contribute significantly to the City's image because of their high visibility.

B. Permitted uses. Permitted uses in the B-4 Business Zone shall be as follows:

(1) All uses permitted in the B-3 Zone, except for public garage (car wash, auto body shop, towing facility), drive-in theater, flea market, self-storage business, sign business, new and used car sales, and billboard.

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(2) Community shopping center/planned commercial development.

C. Accessory uses. Accessory uses in the B-4 Business Zone shall be as follows:

(1) All accessory uses permitted in the B-1 Zone.

D. Conditional uses. Conditional uses in the B-4 Business Zone shall be as follows:

(1) Recreational facility.[1]

[1] Editor's Note: Former Subsections D(1), Church, congregation, and D(2), Cemetery, crematorium, which preceded this subsection, were repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39. Former Subsection D(3), Mobile home park, which previously followed this subsection, was repealed 5-25-1999 by Ord. No. 98-69. Former Subsection D(4), Heliport, helistop, helipad, which previously followed this subsection, was repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.

§ 425-297 MHP Mobile Home Park Zone standards.

[Added 5-25-1999 by Ord. No. 98-69]

A. Purpose. It is the purpose of these zones to recognize and preserve mobile home parks or manufactured home communities and to seek to maximize the compatibility between the parks and the surrounding areas. In accordance with the Municipal Land Use Law, as amended,[1] the City of Vineland finds manufactured housing to be an important source of affordable housing. The Planning Board, in applying the standards of this section, will determine the number of mobile or manufactured home spaces in a park, as well as the overall conditions of the development approval as included in the final site plan. The City Council will continue to monitor the operation and maintenance of parks, once developed, through the annual license renewal procedures.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. Permitted uses. Permitted uses in the MHP Mobile Home Park Zone shall be as follows:

(1) Single-family dwelling in accordance with the single-family dwelling standards of the most restrictive adjoining residential zone.

(2) Mobile home parks, or expansions thereto, in accordance with Article IX of this chapter, and only when public sewer service and public water service (i.e., "community water system" as defined by the 1966 Safe Drinking Water Act) is provided. See §§ 425-100 through 425-147, which are made a part of this article by reference.

(3) Public purpose uses:

(a) Governmental or public utility facility.

(4) Community residence, community shelter.

[Added 2-12-2002 by Ord. No. 2002-3]

C. Accessory uses. Accessory uses in the MHP Mobile Home Park Zone shall be as follows:

(1) All accessory uses permitted in the R-1 Zone.

(2) The accessory uses in a mobile home park may include typical residential storage, including sheds, park maintenance and utility structures, including a laundry building, a residence and office of the park manager, which need not be a mobile home, a retail mobile home sales office and display area and park recreational facilities, including community building and swimming pool.

(3) Any and all structures incidental to the operation of a mobile home park, including sewage and water utility improvements, improvements necessary for any other utilities provided, including but not limited to cable television and electrical pedestals, and aboveground oil and propane storage tanks.[2]

[2] Editor's Note: Former Subsection D, Conditional uses, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

§ 425-298 IN-1 Institutional Zone standards.

[Added 7-24-2001 by Ord. No. 2001-48]

A. Purpose. It is the purpose of this zone to encourage development of a regional medical/educational/cultural center. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment or improper utilization of properties, as this would negatively impact upon the character of this area and upon the desired symbiotic relationship between uses. Strict adherence to design standards is deemed very important because this zone contributes significantly to the City's image because of its high visibility.

B. Permitted uses. Permitted uses in the IN-1 Institutional Zone shall be as follows:

(1) Hospital.

(2) Rehabilitation hospital.

(3) Ambulatory care facility.

(4) Diagnostic facility.

(5) Therapeutic/rehabilitation facility.

(6) Long-term care facility.

(7) Assisted-living residence.

(8) Residential treatment center.

(9) Substance abuse counseling or treatment center.

(10) Adult day health-care facility.

(11) Emergency medical service facility.

(12) College/university.

(13) Business or professional office.

(14) Bank.

(15) Restaurant (as defined in Chapter 216, Alcoholic Beverages, of the Code of the City of Vineland).

(16) Indoor theater.

(17) Passenger terminal facility, taxi or bus stop.

(18) Vocational training facility (nonindustrial).

(19) Senior day-care facility.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

(20) Public purpose uses:

[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]

(a) Child-care center.

(b) Governmental or public utility facility, with the exception of an electrical generating facility.

(c) Governmental or public utility office.

C. Accessory uses. Accessory uses in the IN-1 Institutional Zone shall be as follows:

(1) All accessory uses permitted in the B-1 Zone.

(2) Emergency electrical-generation equipment.

D. Conditional uses. Conditional uses in the IN-1 Institutional Zone shall be as follows:

(1) Recreational facility.

(2) Heliport, helistop, helipad.

E. Prohibited uses. Prohibited uses in the IN-1 Institutional Zone shall be as follows:

(1) Electrical-generation facility.

§ 425-299 IN-2 Institutional Zone standards.

[Added 6-27-2006 by Ord. No. 2006-52]

A. Purpose. It is the purpose of this zone to implement the City Master Plan to provide for the appropriate use of a unique and historic area of the City. The lands within the IN-2 Institutional Zone are planned, designed and developed as the campuses for public and quasi-public institutional uses. These uses provide residential facilities, training, care and therapy for disabled individuals. The IN-2 Institutional Zone permits the continuation of the institutional activity and use of the campuses. It also allows for the adaptive reuse of the campuses as one or more planned developments for age-restricted housing. By permitting adaptive reuse, the City will expand the housing and care opportunities available to a growing senior citizen population. The landscaped open spaces and older buildings associated with the historic campus designs are part of the City's cultural landscape and contribute to the desirable and unique visual environment of this area of the City. Consequently, any planned development permitted as an adaptive reuse of the campuses must be based upon an overall plan that maintains the historic buildings and the open space character of the campus landscape.

B. Permitted uses. Permitted uses in the IN-2 Institutional Zone shall be as follows:

(1) Developmental center for the disabled and attendant facilities and offices.

(2) Therapeutic/rehabilitation facility.

(3) Long-term-care facility.

(4) Adult day health-care facility.

(5) College/university.

(6) Library, museum or art gallery.

(7) Vocational training facility (nonindustrial).

(8) Community residence for the developmentally disabled.

(9) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Government or public utility facility, with the exception of an electric-generating facility.

(d) Government or public utility office.

(10) Planned development in accordance with Subsection E.

C. Accessory uses. Accessory uses in the IN-2 Institutional Zone shall be as follows:

(1) Parking.

(2) Public bus shelter.

(3) Trash enclosure.

(4) Fencing, walls, and retaining walls.

(5) Signage.

(6) Other uses and structures that are located on the same lot with the principal use and that are customarily incidental and clearly subordinate to the permitted principal use of the land or building.

D. Conditional uses in the IN-2 Institutional Zone shall be as follows:

(1) Church congregation.

(2) Recreational facility.

E. Planned development standards. Planned development of an age-restricted residential community and nonresidential uses is permitted within the IN-2 Institutional Zone. Planned development shall be designed and coordinated with the overall plan for the use and adaptive reuse of an institutional campus. Planned development shall be subject to the following requirements:

(1) A comprehensive plan for the campus must be submitted by the applicant and approved by the Planning Board, except as provided under Subsection E(10), Commercial land use. The comprehensive plan shall be drawn at a scale of not less than one inch equals 100 feet. Architectural plans and elevations required as part of the comprehensive plan shall be drawn to a scale of not less than 1/8 inch equals one foot.

(2) The comprehensive plan shall include the following:

(a) Cultural and natural resources inventory. The cultural and natural resources inventory shall include, but not be limited to, historic or architecturally important buildings, archaeological features, designed landscapes, and any other significant features within the campus.

(b) Land use plan. The land use plan shall show the tract and the locations of the land uses within the tract proposed for the planned development. The total number of dwelling units, the amount of nonresidential floor area and the proposed land area to be devoted to each use shall be shown and set forth. In addition, the proposed types of residential and nonresidential uses to be included in the planned development shall be shown and set forth, and the land area to be occupied by each proposed use shall be calculated. The residential density and the nonresidential floor area ratio shall be provided. The plan shall also provide for the location of public areas in accordance with the recommendations of the City Master Plan.

(c) Adaptive reuse plan. The adaptive reuse plan shall identify the features, open spaces and buildings of the campus that will be retained as part of the planned development. The adaptive reuse plan shall also identify the features, open spaces and buildings proposed to be altered or removed as part of the planned development.

(d) Circulation plan. The circulation plan shall show the location and types of transportation facilities, including facilities for pedestrians, bicycles, transit and motor vehicles (e.g., automobiles and trucks) within the planned development and the connections and access into the planned development from the surrounding City streets or adjoining land uses. The circulation plan shall also identify the hierarchy and classification and design standards proposed for all streets within the planned development. The circulation plan shall identify any proposed improvements or modifications to the existing transportation system outside the planned development.

(e) Open space and recreation plan. The open space and recreation plan shall show the location of and shall identify the open space areas proposed for the planned development. The plan shall indicate whether they will be private, common or public open space areas. The plan shall include a description of the improvements proposed to the open space areas and identify the recreation features and facilities, both active and passive, to be provided. The plan shall address the proposed ownership, operation, and maintenance of the open space areas and recreation features and facilities of the planned development.

(f) Utility plan. The utility plan shall identify the need for and the proposed location of the sanitary sewer lines and facilities and the waterlines and identify how the sewer and water demands of the site will be met. The plan shall also identify the proposed methods for handling solid waste disposal.

(g) Stormwater management plan. The stormwater management plan shall set forth the method for controlling and managing stormwater within the planned development, in addition to any off-site impacts and connections to the public drainage system. The plan shall show the location of the drainage facilities proposed on site and off site, including any retention or detention basins or underground stormwater facilities.

(h) Community facility plan. The community facility plan shall indicate the type and scope of any community facilities proposed for the planned development, such as but not limited to educational or cultural facilities, historic sites, libraries, or public areas.

(i) Housing plan. The housing plan shall identify the number, type, and location of housing units to be provided. The plan shall identify how the development will provide for the construction of affordable housing, as required by the City's affordable housing regulations.

(j) Conservation plan. A conservation plan shall demonstrate how the development will be designed and how the buildings will be arranged to conserve energy and air and water resources.

(k) Architectural plan. The preliminary architectural elevations and floor plans for the proposed buildings shall be submitted. The plan shall be based on a common architectural theme for the adaptive reuse of the campus. The architectural plan shall include the proposed design of porches, patios, decks and terraces for dwelling units. The architectural plan will promote an attractive visual environment and establish a convenient relationship among buildings and the circulation system and the open space system of the planned development.

(l) Timing and phasing plan. The timing and phasing plan for the proposed planned development shall provide the timing and phasing of improvements in each section within the development and shall include the terms and conditions to protect the interests of the public and the residents, occupants and owners of the proposed development in the total completion of the development.

(m) Local service plan. The local service plan shall identify the public services that the applicant proposes to provide to the development.

(n) Municipal development agreement. A written agreement between the developer and the City shall be provided for City review and approval. The agreement shall provide for, but not necessarily be limited to, the obligation of the developer to provide and pay for municipal services enumerated under the Municipal Services Act. The agreement shall require that the developer shall provide and pay for such services until such time as the City is required to provide the services or to reimburse a qualified private community for the services, pursuant to the provisions of the Municipal Land Use Law and the Municipal Services Act.

(3) Permitted uses within an age-restricted residential community. Planned development in the IN-2 Institutional Zone is limited to the following uses:

(a) Uses permitted as of right in the IN-2 Zone.

(b) Residential cluster(s) of housing limited to dwellings that qualify as "55 and over housing" within the meaning of the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. Occupancy of such housing shall be by at least one person 55 years of age or older per unit, and further provided that no child who has not attained the age of 18 years shall be domiciled therein. The type and the number of dwelling units shall be limited as follows:

[1] Only single-family detached dwellings, townhouses and assisted living facilities shall be permitted as part of a residential cluster. A single-family detached dwelling is a building containing one dwelling unit which is not attached to any other dwelling unit by any means and which is surrounded by open space or yards. For purposes of this section, a townhouse is a structure that contains three to six dwelling units in a row, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

[2] Not less than 50% of the dwelling units shall be single-family detached dwellings.

[3] Not more than 50% of the dwelling units shall be townhouse dwelling units.

(c) Assisted living facility. An assisted living facility licensed by the New Jersey Department of Health and Senior Services, providing residences for the frail elderly and the disabled, may be permitted as part of the planned development of an age-restricted residential community.

[1] An assisted living facility shall contain not more than 100 residential units.

[2] The assisted living facility shall not exceed three stories in height.

(4) Accessory uses within an age-restricted residential community. The planned development of an age-restricted residential community in the IN-2 Institutional Zone is limited to the following accessory uses:

(a) Open space areas and recreation features and facilities, including buildings for the common use and enjoyment of the residents of the planned development such as, but not necessarily limited to, clubhouse or community building, tennis courts, trails and walking paths.

(b) Facilities for the maintenance and administration of the planned development.

(c) Other uses incidental and customarily associated with the permitted residential uses.

(5) Requirements for the development of an age-restricted residential community. An age-restricted residential community in the IN-2 Institutional Zone shall meet the following requirements:

(a) Minimum contiguous tract area: 140 acres.

(b) Minimum tract frontage: 500 feet on each public street.

(c) Minimum tract depth: 500 feet.

(d) Maximum impervious coverage for the entire tract area: 40%.

(e) Maximum total tract building coverage for the entire tract area: 18%.

(f) Minimum open space requirement for the entire tract area: 50%. The stormwater management facilities of the development, including retention basins, detention basins, and infiltration basins, shall be considered structures and shall not be considered as open space for the purpose of meeting the minimum open space requirement. The Planning Board, however, may, in its sole discretion, partially or wholly credit as open space facilities such as bioretention systems, vegetative filters, and other stormwater management features that are designed, landscaped and arranged to visually enhance the open space areas, to provide natural approaches to stormwater management, and to improve the appearance of the development.

(g) Minimum perimeter open space requirement. The planned development shall provide landscaped open space at the tract perimeter to buffer the planned development and to maintain existing campus open space as a greenbelt. No buildings shall be located in the open space except for the following: gatehouse building or a structure purely incidental to and designed to complement the open space; an existing building approved to remain as part of the adaptive reuse of the campus; a nonresidential building(s) at a location on Main Road approved as part of the comprehensive plan for the age-restricted residential community as the commercial component of the planned development. No stormwater management basin shall be located in the open space. The minimum depth of the perimeter open space shall be as follows:

[1] From Spring Road: 100 feet.

[2] From East Chestnut and Landis Avenues: 150 feet.

[3] From Maple Avenue: 100 feet.

[4] From Main Road: 150 feet.

[5] From an adjoining lot: 100 feet.

(h) Maximum floor area ratio (FAR) permitted for all buildings, including both residential and nonresidential, for the entire tract area: 0.18.

(i) Maximum residential permitted density for the entire tract area (all dwellings inclusive of assisted living units): three dwellings per acre.

(6) Water and sewerage facilities. The development shall be served by public water and public sanitary sewer, which shall be installed at the expense of the developer. No construction permit shall be issued unless and until plans for such facilities have been submitted to the proper authority for approval and adequate provisions are made to ensure that all necessary facilities are installed.

(7) Utilities. All utilities shall be installed underground. The developer shall establish and convey appropriate utility easements to the utility provider.

(8) Requirements for single-family detached dwelling units. Single-family detached dwelling units shall be located and designed to meet the requirements set forth below. Setbacks from the streets within the planned development shall be measured from the street right-of-way line assigned by the state Residential Site Improvement Standards (RSIS), whether the street is public or private. The street right-of-way shall include the street cartway, curb and sidewalk.

(a) The street system of the development shall conform to the comprehensive plan of the development. Interior streets shall be classified in a hierarchy with design tailored to function. Each dwelling unit shall front on and be accessed from a residential street within the planned development that meets the minimum standards for a neighborhood street in accordance with the standards for a neighborhood street as set forth in the residential street hierarchy standards of the state Residential Site Improvement Standards. Each collector street shall be designed to meet the standards of the state Residential Site Improvement Standards (RSIS).

(b) All streets, driveways, and parking areas shall be private. The City shall have no responsibility to maintain or contribute to the maintenance of parking areas or driveways.

(c) Prior to final approval, the developer shall provide a municipal services agreement with the City for the contribution by the City for removal of snow, ice and other obstructions from roads and streets, for lighting of roads and streets, and for collection of leaves. The agreement shall be consistent with the provision of the Municipal Services Act and the Municipal Land Use Law.

(d) Minimum building setback from a minor or major collector street: 30 feet.

(e) Minimum building setback from a residential access or residential neighborhood street: 25 feet.

(f) Minimum distance between buildings (side to side): 15 feet.

(g) Minimum distance between buildings (rear to rear or rear to side): 60 feet.

(h) Minimum spacing between driveways: 10 feet.

(i) Each dwelling unit shall be designed and constructed with and shall maintain a private outdoor space that may be designed as a patio, porch, terrace or a deck at the first living level at the rear of the dwelling unit. The patio, porch, terrace or deck shall be in accordance with the approved site plan for the development. The patio, porch, terrace or deck shall not project more than 12 feet from the building. The patio, porch, terrace or deck shall be at least 160 square feet in area but not more than 300 square feet in area. Privacy fencing is permitted to a height not to exceed six feet above the surface level of the patio, porch, terrace or deck. A fence to a height not to exceed four feet is permitted to extend and complete the enclosure, installed parallel with and located a distance of up to 12 feet from the rear wall of the dwelling unit.

(j) Maximum building height: 2 1/2 stories, not to exceed 35 feet.

(k) Garage requirement: Each dwelling unit shall be constructed with and shall maintain an attached garage for at least one car and be served by a paved driveway with a width of at least 10 feet. The master deed and bylaws of the community association shall prohibit the conversion of the required garage to any other use.

(9) Requirements for townhouses. Buildings containing townhouse dwelling units shall be located and designed to meet the requirements set forth below. Setbacks from the streets within the planned development shall be measured from the street right-of-way line assigned by the state Residential Site Improvement Standards (RSIS), whether the street is public or private. The street right-of-way shall include the street cartway, curb and sidewalk.

(a) The street system of the development shall conform to the comprehensive plan of the development. Interior streets shall be classified in a hierarchy with design tailored to function. Each dwelling unit shall front on and be accessed from a residential street within the planned development that meets the minimum standards for a neighborhood street in accordance with the standards for a neighborhood street as set forth in the residential street hierarchy standards of the state Residential Site Improvement Standards. Each collector street shall be designed to meet the standards of the state Residential Site Improvement Standards (RSIS).

(b) All streets, driveways and parking areas shall be private. The City shall have no responsibility to maintain or contribute to the maintenance of parking areas or driveways.

(c) Prior to final approval, the developer shall provide a municipal services agreement with the City for the contribution by the City for removal of snow, ice and other obstructions from roads and streets; for lighting of roads and streets; and for collection of leaves. The agreement shall be consistent with the provisions of the Municipal Land Use Law and the Municipal Services Act.

(d) Minimum building setback from a minor or major collector street: 30 feet.

(e) Minimum building setback from a residential access or residential neighborhood street: 25 feet.

(f) Minimum distance between buildings (side to side): 30 feet.

(g) Minimum distance between buildings (rear to rear or rear to side): 60 feet.

(h) Each dwelling unit shall be constructed with and shall maintain a private outdoor space that may be designed as a patio, terrace, deck or porch at the first living level at the rear of the dwelling unit. The patio, terrace, deck or porch shall be in accordance with the approved site plan for the development. The patio, porch, terrace or deck shall not project more than 12 feet from the building. The patio, porch, terrace or deck shall be at least 160 square feet in area but not more than 300 square feet in area. Privacy fencing is permitted to a height not to exceed six feet above the surface level of the patio, porch, terrace or deck. A fence to a height not to exceed four feet is permitted to extend and complete the enclosure, installed parallel with and located a distance of up to 12 feet from the rear wall of the dwelling unit.

(i) Maximum building height: 2 1/2 stories, not to exceed 35 feet.

(j) Garage requirement: Each dwelling unit shall be constructed with and shall maintain an attached garage for at least one car and be served by a paved driveway with a width of at least 10 feet. The master deed and bylaws of the community association shall prohibit the conversion of the required garage to any other use.

(10) Commercial land use. The Planning Board may permit a limited commercial development area for retail, personal service and office use as a section of the planned development. Notwithstanding the comprehensive planning provisions of Subsections E(1) and E(2), above, the Planning Board may review and approve an application for the commercial development area prior to submission of a comprehensive plan for the adaptive reuse of the entire campus tract as a planned development. Review and approval of the commercial development area is subject to the following requirements and limitations.

(a) The maximum area permitted for the commercial development area is 5.5 acres.

(b) The commercial development area must be a contiguous area of the tract fronting on Main Road.

(c) The commercial development area shall not be subject to the minimum perimeter open space requirement for Main Road as set forth in Subsection E(5)(g). However, no portion of the commercial development area shall be within the perimeter open space required from Landis Avenue.

(d) An overall conceptual development plan for the commercial development area shall be submitted for review and approval by the Planning Board. The overall conceptual development plan shall depict the commercial development area at its full development by showing the building locations within the commercial development area in relation to proposed circulation, parking, stormwater management, open spaces, and adjoining land uses. Individual applications for subdivision approval or for site plan approval within the commercial development area may be submitted in conjunction with or subsequent to the submission of the overall conceptual development plan.

(e) The layout and circulation plan for the commercial development area shall provide for vehicular and pedestrian access directly from Main Road into the remainder of the campus tract. The plan for the commercial development area shall be arranged to facilitate circulation and interconnect its pedestrian and vehicular circulation system with the development of the campus.

(f) The total floor area of the building(s) within the commercial development area shall not exceed 30,000 square feet.

(g) The commercial development area shall provide and maintain a landscaped buffer at least 50 feet in width to any residential section of the campus.

(h) The commercial development area shall meet the area, yard, bulk, and parking requirements for the B-3 District for business uses. Signs shall be subject to the signage standards of the IN-2 Zone.

(i) The permitted uses within the commercial development area shall be limited to the following uses: retail store; personal service shop; convenience store; business or professional office; bank; restaurant. No use within the commercial development, except for a bank, shall be a drive-in use or a drive-through use that by design, physical facilities, service or packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles. No gasoline station or automotive repair or auto body repair use shall be permitted as part of the commercial development. No use listed as a prohibited use in the B-1 Zone shall be permitted as part of the commercial development.

(j) Prior to approving a site plan for the commercial development area, the Planning Board shall make the requisite finding of facts under Subsection E(15), as applicable.

(k) The subdivision of individual lots within the commercial development area for a permitted nonresidential land use is permissible, provided that the lot meets the requirements of the B-3 Zone and is created in conformance with an approved final site plan. Each subdivided lot shall be subject to and may only be improved in accordance with the approved site plan.

(11) Common open space and recreation area requirements. The planned development shall provide open space and recreation areas and improvements for the use of residents, owners and guests to meet the following requirements:

(a) A minimum of 50% of the entire tract area shall be reserved for open space and recreation use. Areas shall be designated as common open space for the use and enjoyment of the residents and owners of the development.

(b) The recreational facilities within the development shall include a clubhouse community building of at least 6,000 square feet in floor area and an indoor swimming pool with a minimum area of 2,500 square feet. The clubhouse community building and the indoor swimming pool shall be completed by the issuance of the 150th building permit of the single-family units and the townhouse units approved for the development.

(c) The development shall provide other appropriate outdoor active recreation facilities as approved by the Planning Board for common use. Such facilities may include walking paths, tennis courts, and similar facilities. All common open space and any common recreation facilities shall be set aside for the use and benefit of the owners and residents of the development owned in accordance with the provisions of N.J.S.A. 40:55D-43. The developer shall provide for an organization for the ownership and maintenance of the open space and recreation facilities for the benefit of owners or residents of the development in accordance with the provisions of N.J.S.A. 40:55D-43.

(d) The Planning Board may allow a greater concentration of density or intensity of land use within a section or sections of the development, whether it be earlier, later or simultaneous in the development, than in others. A greater concentration of density or intensity of land use for any section must be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of open space on the remaining land by grant of easement or by covenant in favor of the City.

(12) Landscaping requirement. The development shall plan and provide for the landscaping of the entire tract. Landscaping shall include building foundation plantings, clusters of plantings in strategic areas, shade trees along roadways, sidewalks and pedestrian paths, and preservation of existing vegetation and specimen plantings.

(13) Architectural and building design requirements. Buildings and their environs should be designed to be attractive from all vantage points, including fences, storage areas, and rear entrances and elevations. All groups of related buildings shall be designed to harmonize architectural treatment and exterior materials and to meet the following requirements:

(a) Accessory structures should be architecturally coordinated with the principal structure.

(b) Visual harmony should be created between new and older buildings.

(c) Buildings should be designed to avoid long unbroken lines and monotony of expression. Building detail, forms and setback should be used to provide visual interest.

(d) Buildings should be spaced to permit sufficient light and privacy and circulation.

(e) Signage shall be coordinated with architectural design. Signs shall be subject to the sign standards of the IN-2 Zone.

(14) Approval of the community association, covenants and easements. The proposed restrictive covenants, articles of incorporation, master deed and bylaws, or other documents concerning the creation of an association for the ownership and maintenance of common land and/or common elements and facilities and the restriction of occupancy and use of the development shall be submitted to the Planning Board and approved by the Planning Board attorney prior to preliminary approval of the site plan for the planned development.

(15) Findings for planned developments. Prior to the approval of the planned development in the IN-2 Zone, the Planning Board shall find the following facts and conclusions as required by N.J.S.A. 40:55D-45:

(a) That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards for planned development.

(b) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

(c) That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.

(d) That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(e) That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(16) Subdivision of individual lots. The subdivision of individual lots within the planned development as public or common open space for active or passive recreational facilities, or for assisted living facilities, or for a permitted nonresidential land use is permissible, provided that any such lot is created in conformance with an approved overall preliminary site plan for the entire planned development and the subdivided parcel has received final site plan approval. Each subdivided lot and any proposed improvement on that lot shall be subject to and may only be improved in accordance with the approved site plan for the planned development.

§ 425-300 CO Conservation Zone.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

A. Purpose. The purpose of the CO Conservation Zone is to provide for the conservation and use of the dedicated open spaces within the City that are owned and managed by the City, the county, the state or the federal government or that are privately owned and dedicated to open space and conservation uses.

B. Permitted uses in the CO Conservation Zone shall be as follows:

(1) Public parks or public outdoor recreation area.

(2) Public or private open space.

(3) Public or private conservation areas.

(4) Water, forest and wildlife conservation or management areas and related uses.

(5) Public agricultural or environmental research centers.

(6) Existing public utility installations.

C. Accessory uses in the CO Conservation Zone shall be as follows:

(1) Parking.

(2) Public bus shelter.

(3) Trash enclosure.

(4) Fencing.

(5) Signage.

§ 425-301 P Public Zone.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

A. Purpose. The purpose of the P Public Zone is to provide for the public use and development of areas owned by the City, the county, the state, the federal government, or agencies thereof, on a permanent basis, for public purposes.

B. Permitted uses. The permitted uses in the P Public Zone shall be public uses as located and approved by the City of Vineland, including, but not necessarily limited to, the following:

(1) Public office or administration buildings, maintenance yards, garages, and similar structures.

(2) Public education and cultural institutions.

(3) Public parks, playgrounds, play fields, and open space.

(4) Public library.

(5) Public recreation facilities.

(6) Public water storage and treatment facilities.

(7) Public wastewater treatment facilities.

(8) Utility installations.

(9) Communications installations.

C. Accessory uses. Accessory uses in the P-Public Zone shall be as follows:

(1) Parking.

(2) Public bus shelter.

(3) Trash enclosure.

(4) Fencing.

(5) Signage.

§ 425-302 MF Multifamily Zone.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

MF Multifamily Zone standards.

A. Purpose. The purpose of the MF Multifamily Zone is to permit residential development that includes the multifamily development of townhouses as a residential cluster. The townhouse cluster is an alternative to single-family development in the zone. The increased density for the townhouse development must be offset by open space preservation as part of the cluster.

B. Permitted uses in the MF Multifamily Residential Zone shall be as follows:

(1) Single-family dwelling.

(2) Multifamily residential cluster of townhouses.

(3) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(4) Community residence, community shelter.

C. Accessory uses. Accessory uses within the MF Multifamily Residential Zone shall be as follows:

(1) All accessory uses permitted in the R-1 Zone.

(2) Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.

(3) Commercial production greenhouse for a farm.

(4) Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.

D. Conditional uses in the MF Multifamily Residential Zone shall be as follows:

(1) Church, congregation.

(2) Recreational facility.

E. Prohibited uses. Prohibited uses in the MF Multifamily Residential Zone shall be as follows:

(1) Piggery.

(2) Animal or poultry processing (slaughtering).

F. Multifamily residential cluster in the MF Zone. A residential cluster of townhouses may be permitted in the MF Zone on a contiguous area that is to be developed as a single entity according to a plan in accordance with the requirements below. The Planning Board may approve a residential cluster of townhouses where it determines that the intent and purpose of the City Master Plan is better served by the cluster design and that the development meets the requisite standards and criteria for the residential cluster option.

[Amended 2-24-2009 by Ord. No. 2009-12; 9-24-2013 by Ord. No. 2013-42]

(1) The maximum permitted number of townhouse dwelling units in the residential cluster shall not exceed the number of single-family dwelling units permitted for a fully conforming subdivision of residential lots in the zone, unless modified by Subsection F(2) hereinbelow. For purposes of determining the maximum number of dwellings permitted, the applicant shall submit a yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in sufficient detail to permit the Planning Board to make an informed decision that the subdivision would satisfy the ordinance requirements in every respect and would be approvable as a conventional subdivision without the need for any variances, waivers or design exceptions from the City development regulations.

(2) If the townhouse development provides affordable housing on site, then the maximum density of the development shall be in accordance with the densities as indicated below:

(a) For development within Planning Area 1 of the State Development and Redevelopment Plan, or substantially similar land use designation, the maximum density shall be eight dwellings to the gross acre.

(b) For development within Planning Area 2 of the State Development and Redevelopment Plan, or substantially similar land use designation, the maximum density shall be six dwellings to the gross acre.

(3) The affordable housing units may be constructed as townhouse units or as dwelling units located one over another.

(4) The first floor of all townhouse dwelling units and of all other multistory dwellings shall comply with the Barrier Free Subcode, N.J.A.C. 5:23-7, and the following requirements:

(a) An adaptable toilet and bathing facility on the first floor;

(b) An adaptable kitchen on the first floor;

(c) An accessible route of travel; however, an interior accessible route of travel shall not be required between stories;

(d) An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

(e) An accessible entranceway.

(5) The Planning Board may reduce the minimum common or public open space requirement of the cluster to 25% of the gross land area of the cluster in order to accommodate an increased number of dwellings to provide affordable housing.

(6) If the zoning on a site has changed subsequent to December 17, 2007, the number of units permitted for the purpose of calculating the additional number of units shall be the higher of the current number of units permitted or the number of units permitted on December 17, 2007.

(7) Minimum total land area required. The minimum total land area required for development of a multifamily residential cluster of townhouses is five developable acres.

(8) Sewer and water. The dwelling units of a residential cluster shall be served by public sewer and water.

(9) Open space design requirements. The cluster design for open space should be arranged to preserve land as public or common open space in accordance with the following criteria:

(a) A minimum of 40% of the gross land area of the cluster shall be preserved as common open space.

(b) All areas to be preserved as common open space shall be clearly identified and reserved on the plans submitted for approval. The existing and planned use of the open space shall be indicated on the plans.

(c) The minimum land area required to be preserved as common open space shall be land that is not already preserved as open space or preserved as farmland.

(d) The area proposed as public or private open space shall be suitable for enjoyment and use as open space. The Planning Board may withhold approval of any area that it deems unsuitable as open space.

(e) At least 65% of the minimum land area required to be preserved as common open space shall be land unencumbered by any of the following:

[1] Wetlands or wetlands transition areas;

[2] Areas of special flood hazard;

[3] Existing easement areas for utilities or drainage;

[4] Rights-of-way; and

[5] Surface waters.

(f) Stormwater management basins are structures and do not qualify as open space for the purpose of meeting the common open space requirements.

(g) Any common open space area shall be at least two acres in area and have a minimum width of 200 feet and a minimum depth of 200 feet. The Planning Board may approve a smaller area where it determines that such action would be beneficial to the open space design of the cluster.

(h) An open space lot shall have a minimum road frontage of at least 100 feet.

(10) Common open space ownership. The developer shall provide a plan for the use, ownership and maintenance of any common open space in a residential cluster. The plan is subject to Planning Board review and approval. The ownership plan shall be submitted with the preliminary application for development and shall identify the existing and proposed ownership of all proposed open space areas. The City, at its option and in its sole discretion, or other governmental agency approved by the City, at any time and from time to time, may accept the dedication of land or any interest therein for public use and maintenance, but the City shall not require as a condition of the approval of a residential cluster that land proposed to be set aside for common open space be dedicated or made available to public use. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a residential cluster if the open space is not dedicated to the municipality or other governmental agency. The type of ownership of land dedicated for common open space purposes shall be selected by the applicant, subject to the approval of the Planning Board. Type of ownership may include, but is not necessarily limited to, the following:

(a) The City of Vineland, subject to acceptance by the City Council.

(b) Homeowners', condominium or cooperative associations or organizations.

(c) Shared, undivided interest by all property owners in the subdivision.

(11) Homeowners' association. If the common open space is owned and maintained by a homeowners' or condominium association, the developer shall file homeowners' organization or condominium documents, to be submitted with the application for final approval. The provisions shall include, but are not necessarily limited to, the following:

(a) The homeowners' association shall be established before the release for building permits.

(b) Membership shall be mandatory for each buyer and any successive buyer.

(c) The open space restrictions shall be permanent.

(d) The association shall be responsible for liability insurance, local taxes, and the maintenance and replacement of recreational and other facilities.

(e) Homeowners shall pay their pro rata share of the cost; the assessment levied by the association may become a lien on the property.

(f) The association shall be able to adjust the assessment to meet changed needs.

(12) Maintenance of open space areas. In the event that a nonmunicipal organization with the responsibility for the common open space fails to maintain it in reasonable order and condition, then the City Council, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and assess the cost of maintenance against the properties within the development.

(13) Use and improvement of common open space for active recreation. The Planning Board may require the installation of recreational facilities suitable to the development, such as playgrounds, play fields, parks or similar outdoor recreation facilities, on the common open space. Such facilities shall be conveniently located and accessible to all dwelling units and should adhere to the following guidelines:

(a) One active recreation area should be provided for the first 125 dwelling units. Such areas should not be less than four acres.

(b) For developments of more than 125 dwellings, active recreation or park space should be provided at the rate of one acre per each 12 dwelling units or fraction thereof.

(c) Undeveloped common open space. Undeveloped common open space should be left in its natural state. A developer may, however, make limited improvements for the installation of utilities, necessary grading, and the provision of paths and trails. In addition, the Planning Board may require a developer to make other improvements, such as removal of dead or diseased trees; thinning of trees or other vegetation to encourage more desirable growth; reforestation of disturbed areas; and grading and seeding, subject to approval by all regulatory agencies.

(14) Deed restrictions. Any lands dedicated for common open space purposes shall contain covenants and deed restrictions approved by the Board Attorney that ensure that:

(a) The open space area will not be further subdivided in the future.

(b) The use of the open space will continue in perpetuity for the purpose specified.

(c) Appropriate provisions are made for the maintenance of the open space.

(d) The open space shall not be utilized for any commercial purpose. The Planning Board may, however, approve the use of open space as farmland or pastureland as part of the residential cluster design.

(15) Prior to the approval of the residential cluster, the Planning Board shall make a finding of facts and conclusions as required by N.J.S.A. 40:55D-45.

§ 425-302.1 AA-1 Active Adult Zone standards.

[Added 4-14-2020 by Ord. No. 2020-17]

A. Purpose. It is the purpose of these zones to establish appropriate locations for small active adult communities, characterized by an allowance for more types of housing at higher density with fewer amenities, and to seek to maximize the compatibility between these communities and the surrounding areas. By permitting this use, the City will expand the housing opportunities available to a growing senior citizen population. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment or improper utilization of properties, as this would negatively impact upon the character of these communities and upon the quality of life of adjoining residential areas. Strict adherence to design standards is deemed very important because these zones contribute significantly to the City's image because of their high visibility.

B. Permitted uses. Permitted uses in the AA-1 Active Adult Zone shall be as follows:

(1) Single-family dwelling.

(2) Residential cluster.

(3) Farm, except for those enumerated as prohibited uses.

(4) Home occupation.

(5) Active adult community in accordance with Article IXA of this chapter, and only when public sewer service is provided by the Landis Sewerage Authority and public water service is provided by the City of Vineland Water Utility. See §§ 425-147.1 through 425-147.19, which are made a part of this article by reference.

(6) Public purpose uses:

(a) School.

(b) Child-care center.

(c) Governmental or public utility facility.

(7) Community residence, community shelter.

C. Accessory uses. Accessory uses in the AA-1 Active Adult Zone shall be as follows:

(1) All accessory uses permitted in the R-1 Zone for a single-family dwelling.

(2) Farm building for livestock, equipment, storage of supplies or harvested crops, or for preparation of crops for market for a farm.

(3) Commercial production greenhouse for a farm.

(4) Roadside stand, 300 square feet maximum, for a single-family dwelling or a farm.

(5) Parking.

(6) Trash enclosure.

(7) Fencing, walls, and retaining walls.

(8) Signage.

(9) Maintenance and utility structures for an active adult community.

(10) Management office for an active adult community.

(11) Community building for an active adult community.

(12) Recreational facilities for an active adult community.

D. Conditional uses. Conditional uses in the AA-1 Active Adult Zone shall be as follows:

(1) Church, congregation.

(2) Recreational facility.

E. Prohibited uses. Prohibited uses in the AA-1 Active Adult Zone shall be as follows:

(1) Piggery.

(2) Animal or poultry processing.

F. Residential cluster. A residential cluster shall be developed in accordance with R-6 Zone standards.

G. Lot size averaging. Lot size averaging shall be done in accordance with R-6 Zone standards.

§ 425-302.2 AA-2 Active Adult Zone standards.

[Added 4-14-2020 by Ord. No. 2020-17]

A. Purpose. It is the purpose of these zones to establish appropriate locations for larger active adult communities with detached single-family homes with more amenities and to seek to maximize the compatibility between these communities and the surrounding areas. By permitting this use, the City will expand the housing opportunities available to a growing senior citizen population. It is important that zone requirements and design standards not be sacrificed to allow overdevelopment or improper utilization of properties, as this would negatively impact upon the character of these communities and upon the quality of life of adjoining residential areas. Strict adherence to design standards is deemed very important because these zones contribute significantly to the City's image because of their high visibility.

B. Permitted uses. Permitted uses in the AA-2 Active Adult Zone shall be as follows:

(1) Single-family dwelling.

(2) Farm, except for those enumerated as prohibited uses.

(3) Active adult community in accordance with Article IXA of this chapter, and only when public sewer service is provided by the Landis Sewerage Authority and public water service is provided by the City of Vineland Water Utility. See §§ 425-147.1 through 425-147.19, which are made a part of this article by reference.

(4) Public purpose uses:

(a) Governmental or public utility facility.

(b) Governmental or public utility yard.

(5) Other uses:

(a) Kennel, cattery.

(b) Riding academy.

(c) Radio, television studio.

(d) Small contractor's yard.

(e) Golf course.

(f) Forestry.

(g) Conservation activity.

(6) Community residence, community shelter.

C. Accessory uses. Accessory uses in the AA-2 Active Adult Zone shall be as follows:

(1) All accessory uses permitted in the A-5 Zone.

(2) Equipment storage building for forestry or conservation activity.

(3) Parking.

(4) Trash enclosure.

(5) Fencing, walls, and retaining walls.

(6) Signage.

(7) Maintenance and utility structures for an active adult community.

(8) Management office for an active adult community.

(9) Community building for an active adult community.

(10) Recreational facilities for an active adult community.

D. Conditional uses. Conditional uses in the AA-2 Active Adult Zone shall be as follows:

(1) Church, congregation.

(2) Recreational facility.

(3) Campground.

E. Prohibited uses. Prohibited uses in the AA-2 Active Adult Zone shall be as follows:

(1) Piggery.

(2) Animal or poultry processing.

§ 425-303 Regional Mall Overlay District.

[Added 6-24-2008 by Ord. No. 2008-39]

A. Purpose. The purpose of the Regional Mall Overlay District is to provide an opportunity for the development of a regional shopping mall and/or large-scale shopping opportunities. The area of the Regional Mall Overlay District is accessible from the interchanges of Route 55 with Sherman Avenue and South Delsea Drive and overlays portions of the B-3, IN-1 and MHP Zone Districts. The intent of the Regional Mall Overlay District is to permit shopping center development as an additional permitted use within the underlying zone districts.

B. Permitted use. The development of a shopping center with a minimum gross floor area of 250,000 square feet on a tract of 100 acres or greater shall be permitted within the Regional Mall Overlay District. Shopping center development shall be in accordance with the standards of the B-4 Zone District for shopping centers.

§ 425-303.1 Residential Townhouse Overlay District.

[Added 4-14-2020 by Ord. No. 2020-13]

A. Intent. The Residential Townhouse (RT) Overlay District is intended to provide for townhouse development on larger parcels in the vicinity of Vineland's educational and medical centers to expand the types of housing allowed than is otherwise permitted in the base zoning district.

B. Principal permitted uses. In the RT District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:

(1) Townhouse dwellings.

(2) Municipal purpose.

(3) Open space.

C. Accessory uses and structures permitted. Any of the following accessory uses and structures shall be permitted when used in conjunction with a principal or conditional permitted use:

(1) Active common recreational facilities for the use and enjoyment of residents and their guests, including, but not limited to, tennis, community swimming pool, court and field sports, fitness center, fitness trail and bikeway.

(2) Sales center for on-tract real estate transactions only, until the final dwelling is initially sold.

(3) Decks on fee simple townhouses or as approved as part of a site plan for other tenure.

(4) Off-street surface parking.

(5) Fences, walls and street furniture, provided that such fencing and walls are uniform in nature throughout the development and approved by the board with jurisdiction through the development review process.

(6) Signs as otherwise permitted in this chapter.

(7) Accessory uses on the same lot and customarily incidental to the principal use.

D. Eligibility standards for overlay uses. An applicant may submit an application for development, provided that the minimum tract area is five acres and the maximum tract area is 20 acres, and can be feasibly served with public water and sewer.

E. Bulk standards. The following area, yard, and coverage standards shall apply to uses within the RT District:

(1) Maximum density. The maximum density of the RT District shall not exceed six dwellings per gross acre.

(2) Perimeter setback. No principal or accessory building, individual residential lot, aboveground stormwater management facility, or recreational structure (excluding those associated with recreational trails) shall be located with 25 feet of the tract perimeter.

(3) Townhouse dwelling, fee simple lots. See Zoning Schedule, attached hereto.[1]

[1] Editor's Note: Said Zoning Schedule, Sheet 1: Area, Yard, Bulk and Parking Standards, is included as an attachment to this chapter.

(4) Townhouse dwellings, other tenure. Where individual fee simple lots are not proposed, the following distance requirements shall substitute for required yard areas:

(a) Minimum distance from the front of any building to any other building: 100 feet.

(b) Minimum distance from the side of any building to any other building: 30 feet.

(c) Minimum distance from the rear of any building to any other building: 60 feet.

(d) Minimum distance of community recreational structures to any dwelling: 80 feet.

(e) Minimum distance of any dwelling to the tract perimeter: 60 feet.

(f) Maximum building coverage of net tract area: 25%.

(g) Maximum impervious coverage of net tract area: 50%.

(5) Additional townhouse requirements.

(a) Maximum building height: 35 feet.

(b) Minimum unit width: 20 feet.

(c) No more than eight townhouse dwellings shall be permitted in any one structure.

(d) Driveways to individual dwellings shall be ganged together to reduce curb cuts to allow for uniform on-street parking.

(e) No patio, terrace, or other hardscaping shall occupy more than 50% of the yard area in which it is placed.

(f) In no event shall a patio, terrace or deck extend more than 10 feet from the exterior wall of the dwelling with which it is associated.

(g) Where parking lots for townhouse uses are proposed, no parking space shall be closer than 12 feet to the exterior wall of the building. This provision shall not be construed as to affect private parking in residential driveways.

(h) Where private driveways to individual dwellings are proposed, the driveway width shall not exceed 10 feet within 20 feet of the right-of-way line, the outside edge of a street sidewalk or 22 feet from the edge of cartway, depending on the existing or proposed condition. Each driveway shall be able to accommodate two stacked passenger vehicles without encroaching on the right-of-way, passage of pedestrians on a street sidewalk or within five feet of a cartway.

(i) The front facade of any garage, whether attached or detached, shall not extend towards a residential access street, whether public or private, any closer than the front facade of the dwelling, but may be recessed to accommodate the requirement in Subsection E(5)(e).

(j) A minimum of 200 square feet of full height internally accessed storage shall be provided for each unit, excluding kitchen and bathroom cabinetry, and any required storage under Subsection E(5)(l).

(k) Accessory structures shall not be located in a front yard or within five feet of a side or rear property line. All accessory structures shall be constructed in accordance with the requirements of the Uniform Construction Code.

(l) Each townhouse dwelling in a development without common exterior maintenance of the grounds shall be equipped with a closet with an external door for the storage of outdoor furniture, cooking equipment, lawn maintenance equipment and similar items with a minimum volume of 288 cubic feet.

(m) The front facade of each townhouse shall be separate and distinct from an adjacent townhouse by means of variation in the front yard depth and changes in building materials.

F. Buffer and landscape requirements. In addition to the general requirements of § 425-73, the following specific requirements pertain to the RT District:

(1) Perimeter buffer requirements. Landscape buffers shall be required along the perimeter property lines of the tract. In the development of the site, existing vegetation shall be retained which is of high quality and appropriate density. Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the board with jurisdiction. The perimeter buffer shall be a minimum width of 25 feet and suitable for its function of site enhancement, screening, and control of climatic effects. The perimeter buffer may be planted within any required perimeter setback but shall not be included in any fee simple lot.

(2) Building within a perimeter buffer. Buffers shall be continuous except for public and private streets providing access to the site through the buffer. Accessory structures and buildings such as utilities, entrance gate facilities, recreational trails, signs approved as part of the signage plan, and traffic signal and streetlighting systems shall be permitted within the buffer. No off-street parking facilities, dumpster enclosures, aboveground stormwater management facilities or other buildings and aboveground structures shall be constructed within the required perimeter buffer.

(3) Required plant densities. The density of plantings and the requirements for structures shall vary with the width of the buffer in accordance with the following table:

Minimum Plant Density for Buffers
	Minimum Number of Required Plant Types per 100 Lineal Feet
Buffer Width(1)	Large or Medium Trees	Small or Ornamental Trees	Evergreens and Conifers	Shrubs
25 feet	5	8	15	30
40 feet	6	9	18	36
50 feet	8	12	24	48
75 feet	10	15	30	60

NOTES:
(1)	The number of plants required shall be interpolated from the proposed buffer width where the proposed width is different from the examples in the table.

(4) Where application has been made and approved for a buffer less than the prescribed minimum width of 25 feet, the buffer shall incorporate a fence or wall into the landscape design.

G. Open space requirements. Lands not in fee simple lots and building separation yards or for stormwater management purposes shall be in open space. At least 30% of the land area shall be in designated open space, which may include the perimeter buffer land area. Common or public open space provided as a part of any development shall be landscaped in one of the following ways, depending upon the intent of the use for the open space:

(1) Conservation use. Conservation areas are appropriate in areas adjacent to and inclusive of natural features to be preserved, including wooded areas, water bodies, streams, wetlands, and steep slopes. The following conservation use design guidelines shall apply:

(a) Natural features shall be encompassed in open space areas rather than moved or eliminated in the development process to the degree feasible.

(b) Cleared areas shall be revegetated to a naturalistic appearance where appropriate.

(c) Revegetated areas may be seeded with a wildflower and/or meadow grass mix.

(2) Passive and active recreational open space. The following landscape standards shall apply for recreational uses:

(a) Grading and plantings of the recreation area shall remain consistent with the overall landscape design. The landscape design shall consist of massed deciduous and evergreen trees and berms to create spaces and views and ornamental trees and shrub masses for visual variety, interest and detail.

(b) Plants shall be provided at the following minimum rates:

[1] Shade trees: 15 per acre.

[2] Evergreen trees: five per acre.

[3] Flowering shrubs: three per acre.

[4] Other shrubs: 20 per acre.

[5] Where open space includes required perimeter buffers, the buffer standards of Subsection F shall apply.

(c) Adjacent dwelling units shall be buffered from active play areas.

(d) In the area where a recreation facility fronts onto a public or private street, fencing may be required to provide controlled access. The adjacent street tree planting shall be continued along this area, and any reverse frontage buffer planting shall be integrated with open space plantings.

§ 425-304 Conditional uses.

A zoning ordinance may provide for conditional uses to be granted by the Planning Board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the developers to know their limit and extent.

A. The following conditional uses are established in the City of Vineland:

[Amended 5-25-1999 by Ord. No. 98-69]

(1) Boardinghouse, rooming house.

(2) Hospital, medical center, convalescent home.[1]

[1] Editor's Note: Former Subsection A(2), regarding community residences and community shelters, which immediately followed this subsection, was repealed 2-12-2002 by Ord. No. 2002-3.

(3) Church, congregation.

(4) Funeral home.

(5) Cemetery, crematorium.

(6) Recreational facility.

(7) Campground.

(8) Heliport, helistop, helipad.

(9) Resource extraction.

(10) Production of bitumen products.

[Added 9-8-2009 by Ord. No. 2009-62]

(11) Medical cannabis dispensary.

[Added 3-26-2019 by Ord. No. 2019-20; amended 12-14-2021 by Ord. No. 2021-73]

(12) Cannabis retailer.

[Added 3-26-2019 by Ord. No. 2019-20; amended 12-14-2021 by Ord. No. 2021-73]

B. Specific standards. Specific standards for each conditional use are provided in the Zoning Schedule, Sheet 2, Conditional Use Specific Standards.[2] Failure to meet any one or more of the specific standards for a conditional use shall constitute a variance in accordance with N.J.S.A. 40:55D-70d(3).

[Amended 5-14-2019 by Ord. No. 2019-35]

[2] Editor's Note: Sheet 2 is included as an attachment to this chapter.

C. General standards. Any conditional use shall be subject to the design standards contained in Article VII of this chapter. Failure to meet any one or more of the general standards for a conditional use shall constitute a variance in accordance with N.J.S.A. 40:55D-70(c). Additionally, the following articles are made a part of this article by reference, and all requirements contained therein shall be considered as general standards:

[Amended 5-14-2019 by Ord. No. 2019-35]

(1) Article X, Campgrounds.[3]

[3] Editor's Note: Former Subsection C(1), Article IX, Mobile Home Parks, which immediately preceded this section, was repealed 5-25-1999 by Ord. No. 98-69.

(2) Article XIII, Heliports, Helistops, Helipads.

(3) Article XIVA, Resource Extraction.

(4) Article XXVII, Medical and Adult Use Cannabis.

[Added 3-26-2019 by Ord. No. 2019-20; amended 12-14-2021 by Ord. No. 2021-73]

D. Application. An application for a conditional use, if all specific standards are met, shall be submitted to the Planning Board. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Planning Board Secretary, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include site plan review pursuant to Article VI of this chapter. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. In instances where all specific standards are not met, an application for a conditional use shall be submitted to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-76b. The Zoning Board of Adjustment shall act on the conditional use and site plan in lieu of the Planning Board. Whenever review or approval of the application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board or Zoning Board of Adjustment, whichever is appropriate, shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

§ 425-305 Special provisions.

A. Model homes. For purposes of this chapter, model homes or sales offices within a subdivision shall not be considered a business use only during the period necessary for the sale of new homes within said subdivision.

B. Public and private nonprofit day schools. None of the provisions of this chapter, or any regulation adopted in accordance therewith, shall discriminate between public and private nonprofit day schools of elementary or high school grade accredited by the State Department of Education.

C. Foster children in single-family dwellings. None of the provisions of this chapter, or any regulation adopted in accordance therewith, shall discriminate between children who are members of families by reason of their relationship by blood, marriage or adoption and foster children placed with such families in a dwelling by the Division of Youth and Family Services in the Department of Institutions and Agencies or a duly incorporated child care agency and children placed pursuant to law in single-family dwellings known as group homes. As used in this section, the term "group home" means and includes any single-family dwelling used in the placement of children pursuant to law recognized as a group home by the Department of Institutions and Agencies in accordance with rules and regulations adopted by the Commissioner of Institutions and Agencies; provided, however, that no group home shall contain more than 12 children.

D. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be a permitted use in all residential districts of a municipality, and the requirements therefor shall be the same as for single-family dwelling units located within such districts.

[Amended 2-12-2002 by Ord. No. 2002-3]

E. Family day-care homes.

(1) Family day-care homes shall be a permitted use in all residential districts of a municipality. The requirements for family day-care homes shall be the same as for single-family dwelling units located within such residential districts. Any deed restriction that would prohibit the use of a single-family dwelling as a family day-care home shall not be enforceable unless that restriction is necessary for the preservation of the health, safety and welfare of the other residents in the neighborhood. The burden of proof shall be on the party seeking to enforce the deed restriction to demonstrate, on a case-by-case basis, that the restriction is necessary for the preservation of the health, safety and welfare of the residents in the neighborhood who were meant to benefit from the restriction.

(2) In condominiums, cooperatives and horizontal property regimes that represent themselves as being primarily for retirees or elderly persons or which impose a minimum age limit tending to attract persons who are nearing retirement age, deed restrictions or bylaws may prohibit family day-care homes from being a permitted use.

(3) In condominiums, cooperatives and horizontal property regimes other than those permitted to prohibit family day-care homes from being a permitted use under the preceding subsection, deed restrictions or bylaws may prohibit family day-care homes from being a permitted use; however, if such condominiums, cooperatives or horizontal property regimes prohibit such use, the burden of proof shall be on the condominium association, cooperative association or council of co-owners to demonstrate, on a case-by-case basis, that the prohibition is reasonably related to the health, safety and welfare of the residents. The burden of proof also shall be on the condominium association, cooperative association or council of co-owners to demonstrate, on a case-by-case basis, that any other restrictions imposed upon a family day-care home, including but not limited to noise restrictions and restrictions on the use of interior common areas, are reasonably related to the health, safety and welfare of the residents.

F. Child-care centers.

(1) Child-care centers for which, upon completion, a license is required from the Department of Human Services pursuant to the Child Care Center Licensing Act, N.J.S.A. 30:5B-1 et seq., shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, under state or local laws or regulations adopted thereunder, and the permitted density allowable for that building or structure under any applicable municipal zoning ordinance.

(2) In considering an application for development approval for a nonresidential development that is to include a child-care center that is located on the business premises, is owned or operated by employers or landlords for the benefit of their employees, their tenants' employees or employees in the area surrounding the development and is required to be licensed by the Department of Human Services pursuant to N.J.S.A. 30:5B-1 et seq., an approving authority may exclude the floor area to be occupied in any building or structure by the child-care center in calculating the density of that building or structure for the purposes of determining whether or not the density is allowable under any applicable municipal zoning ordinance.

G. Groundwater remedial actions.

(1) The siting of a structure or equipment required for a groundwater remedial action approved by the Department of Environmental Protection pursuant to N.J.S.A. 58:10A-1 et seq., shall be deemed to be essential to the continuation of an existing structure or use of a property, including a nonconforming use, or to the development of a property, as authorized in the zoning ordinance of a municipality. A groundwater remedial action subject to this section, including any structure or equipment required in connection therewith, shall therefore be deemed to be an accessory use or structure to any structure or use authorized by the development regulations of a municipality; shall be a permitted use in all zoning or use districts of a municipality; and shall not require a use variance pursuant to N.J.S.A. 40:55D-70.

(2) A municipality may, by ordinance, adopt reasonable standards for the siting of a structure or equipment required for a groundwater remedial action subject to the preceding subsection. The standards may include specification of the duration of time allowed for the removal from a site of all structures or equipment used in the remedial action upon expiration of the term of the discharge permit or completion of the remedial action, whichever shall be sooner. Nothing in this subsection shall be deemed to authorize a municipality to require site plan review by a municipal agency for a groundwater remedial action, but an ordinance establishing siting standards may provide penalties and may authorize the municipality to seek injunctive relief for violations of the ordinance.

(3) If, for any of the reasons set forth in N.J.S.A. 40:55D-70, a variance is required for the siting of a structure or equipment to be used in a groundwater remedial action subject to N.J.S.A. 40:55D-66.8, a variance for the remedial action shall be deemed necessary to avoid exceptional and undue hardship on an owner, lessee or developer of a property for which a variance application is made; however, a zoning ordinance may authorize the Zoning Board of Adjustment or Planning Board, as appropriate, to establish reasonable terms and conditions for issuance of a variance. The Zoning Board of Adjustment or Planning Board, as appropriate, shall review and take final action on an application for a variance for a groundwater corrective action at the next meeting of the Zoning Board of Adjustment or Planning Board, as appropriate, occurring not less than 20 days following the filing of an application therefor, unless the Zoning Board of Adjustment or Planning Board, as appropriate, determines that the application lacks information indicated on a checklist adopted by ordinance and made available to the applicant, and the applicant has been notified, in writing, of the specific deficiencies prior to expiration of the twenty-day period.

H. Height standards.

(1) The height standards, as provided in this chapter, shall not apply to silos; to belfries, cupolas or domes not used for human occupancy; to chimneys, ventilators, skylights or other mechanical devices usually carried above roof level; to water tanks; or to television, radio or satellite dish antennas. Such structures shall be carried only to the height necessary for their purpose.

(2) The height standards, as provided in this chapter, shall not apply to a parapet wall or ornamental cornice having no windows, provided that such feature rises no more than five feet above the standard building height.

(3) Public or quasi-public buildings which are approved to exceed the height standard, as provided in this chapter, shall increase the front, side and rear yards by one foot for every one foot the building exceeds the height standard, up to a maximum height of 50 feet.

I. Accessory buildings and structures/accessory structures on lots or tracts split by zone district boundary lines:

[Amended 8-28-2007 by Ord. No. 2007-68]

(1) Accessory buildings shall not be placed in front yard areas or in front of the principal building.

(2) In the case of any lot or tract of land that is divided by a zoning district boundary line (commonly known as being split zoned), except for zoning districts in which residential housing of any type is allowed as a principal permitted use, any accessory structure or use that is permitted in the less intensive zoning district shall also be considered as being permitted in both zoning districts. This may thus apply to common accessory structures such as parking and drive aisles, landscaping and drainage facilities so long as the Zoning Officer, in the reasonable exercise of his discretion, deems same to be permitted accessory structures or uses in the less intensive zoning district.

J. Minor arterial streets. The building line setback along a minor arterial street shall be 100 feet from the center line of the street, except that a building or structure which was legally located along such an arterial but was made nonconforming by the passage of this chapter shall be permitted to increase the size of the building or structure or portion thereof which is located within the nonconforming area by up to 25%. No other increase of such nonconforming structure shall be permitted as of right within the building line setback established herein.

K. Exempted uses. The following uses are permitted in all zones, provided that the location and siting are approved by the City Engineer:

(1) Outdoor telephone booth.

(2) School bus weather shelter.

(3) Public utility service and distribution lines located within public right-of-way.

L. Home occupations. A home occupation shall be permitted in the specified zones only if the following standards are met:

(1) A maximum of 25% of the total square footage of the residence shall be devoted to the home occupation.

(2) No advertising display of any kind shall be permitted, except for an identification sign with a maximum sign face area of two square feet.

(3) A minimum of two on-site parking spaces shall be provided for visitors in addition to the spaces required for the residential use. Additionally, parking facilities shall be located within side yards or rear yards and shall be completely screened from neighboring properties and any public street.

(4) No goods, chattels, materials, supplies or items of any kind pertaining to the home occupation shall be delivered to or from the premises by articulated vehicles.

(5) No retail sales or products shall be offered to the public.

(6) The home occupation shall be free from objectionable odors, fumes, dirt, vibration and noise.

§ 425-306 Developable area requirement.

[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]

All lots must provide a contiguous minimum developable land area within the lot. The contiguous developable land area within the lot shall be equal to or greater than the applicable minimum lot area required for the zone district in which the lot is located. The contiguous developable land area must also meet the minimum lot dimensions required by the zone district, except that the minimum contiguous developable land area is not required to exceed 40,000 square feet where the lot is served by public sewer and public water, nor is it required to have a minimum dimension greater than 150 feet. Where the lot is not served by public sewer or by public water, the contiguous developable land area within the lot is not required to exceed 80,000 square feet nor is it required to have a minimum dimension greater than 150 feet.

§ 425-307 Conformity.

A. Zoning permit.

(1) An application for a zoning permit shall be submitted to the Zoning Officer prior to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building. Said application shall be accompanied by payment of a fee as established by this chapter.

(2) The Zoning Officer shall determine that such use, structure or building complies with the provisions of the Zoning Ordinance or variance therefrom authorized by the Planning Board or by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-60 or 40:55D-70.

B. Nonconforming use or structure.

(1) Any nonconforming use or structure may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. If, however, the cost to restore or repair a partially destroyed structure is greater than the tax assessed value of the structure prior to the partial destruction, restoration or repair is prohibited.

(2) Following intended abandonment of a nonconforming use, said nonconforming use shall not thereafter be reinstated nor shall any structure be occupied except in conformance with this chapter.

(3) A nonconforming use, once converted to a conforming use, shall not revert to the prior nonconforming use or to another nonconforming use.

(4) Changing a valid nonconforming use to another nonconforming use shall only be by resolution of the Zoning Board of Adjustment.

(5) Expansion of a nonconforming use shall require a use variance, which shall be by resolution of the Zoning Board of Adjustment, as provided in § 425-348A(4). Any application for expansion of a nonconforming use shall require submission of a plot plan to allow the Zoning Board of Adjustment to make an informed determination that the existing site improvements are adequate to serve the proposed use and to meet the minimum requirements necessary to protect the public health, safety and welfare. In the event that the existing site improvements are found to be inadequate, any approval of an expansion of a nonconforming use shall be conditioned upon site plan approval.

(6) An addition to a nonconforming structure is allowable, provided that the use of the property is permitted in the zoning district in which it is located and that the addition itself meets the area and bulk requirements for the lot, as established by § 425-308 of this article.

C. Nonconforming lot.

(1) A lot which does not conform to the standards set for the smallest lot allowable in the zoning district in which it is located, but which has been duly recorded under law, may be used for the purposes permitted on the smallest lot allowable in the zoning district in which it is located, provided that the proposed construction meets the yard requirements for the lot, as established by § 425-308 of this article.

(2) A nonconforming lot shall not be reduced in area or dimensions.

D. Certificate of zoning compliance and certification of nonconforming use or structure.

(1) The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a use or structure exists may apply, in writing, to the Zoning Officer for the issuance of a certificate certifying that the use or structure complies with the provisions of this chapter or authorized variance therefrom. The Zoning Officer shall be entitled to demand and receive for such certificate issued by him a fee as established by this chapter.

(2) The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply, in writing, to the Zoning Officer for the issuance of a certification certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. The application for such certification shall be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. Denial by the Zoning Officer shall be appealable to the Zoning Board of Adjustment. The Zoning Officer shall be entitled to demand and receive for such certification issued by him a fee, as established by this chapter. Should the prospective purchaser, prospective mortgagee or other interested person request that the Zoning Officer research past ordinances and approvals on his behalf, an additional fee, as established by this chapter, shall be charged.

§ 425-308 Zoning schedules. [1]

A. Any departure from the following zoning schedules shall require approval of a variance:

(1) Sheet 1, Area, Yard, Bulk and Parking Standards.

(2) Sheet 2, Conditional Use Specific Standards.

(3) Sheet 3, Parking Standards.

(4) Sheet 4, Signage Standards.

B. Additionally, any departure from the space standards for buffers, as specified in § 425-73D(1) through (4) shall require approval of a variance.

[1] Editor's Note: The zoning schedules are included at the end of this chapter.

§ 425-309 Duration of use variance, bulk variance, conditional use and zoning permit.

A. Use variance. After a use variance has been granted by the Zoning Board of Adjustment, in instances where further Board action (i.e., subdivision or site plan approval) is not required the applicant shall have one year in which to institute commencement of use. Said commencement of use must be in compliance with all other regulatory requirements. For example, occupancy of a structure shall not be deemed the commencement of use in the event that appropriate construction permits and certificate of occupancy have not been secured. After a use variance has been granted by the Zoning Board of Adjustment, in instances where further Board action (i.e., subdivision or site plan approval) is required the applicant shall have one year in which to secure said approval. The applicant shall then be limited by the duration of said approval. Following commencement of use, the use shall remain valid until there is intended abandonment of said use.

B. Bulk variance. After a bulk variance has been granted by the Zoning Board of Adjustment, in instances where further Board action (i.e., subdivision or site plan approval) is not required the applicant shall have one year in which to complete the construction which necessitated the bulk variance. After a bulk variance has been granted by the Planning Board or Zoning Board of Adjustment as part of a subdivision or site plan approval, the applicant shall be limited by the duration of said approval. Following completion of the construction which necessitated the bulk variance, the bulk variance shall remain valid as long as said construction remains.

C. Conditional use. A conditional use approval, because it is always companion to a site plan approval, shall be limited by the duration of said site plan approval.

D. Zoning permit. A zoning permit shall be valid for a period of six months from date of issuance.

§ 425-310 Temporary use permit.

It is recognized that there may be the need in very selected instances to allow for a temporary use on a property which may not be in accordance with the provisions of this chapter. A temporary use may be necessitated by a public emergency or by a personal hardship created by a catastrophic event (e.g., hurricane, fire). These events, because of their sudden and unexpected nature, cannot be planned for in advance, yet require immediate remedy. The Zoning Officer is therefore empowered in these very selected instances to grant a temporary use permit if, in his judgement, the proposed use is of such a nature that there will be no detrimental impact upon adjoining properties. Said temporary use permit shall be valid for a period of six months from date of issuance. Upon written request made prior to the expiration date, the Zoning Officer may grant one six-month extension if good cause is shown. A temporary use may also be desired for other reasons not related to a public emergency or to a personal hardship created by a catastrophic event. In these instances, application shall be made to the Zoning Board of Adjustment, which is empowered to authorize the granting of a temporary use permit not related to a public emergency or to a personal hardship created by a catastrophic event under the same regulations and procedures as for the issuance of a zoning permit for a use not permitted in a zone. Said temporary use permit shall be valid for a period of six months from the date of approval. Upon written request made prior to the expiration date, the Zoning Board of Adjustment may grant one six-month extension, if good cause is shown.

§ 425-311 Interpretation.

The Zoning Board of Adjustment shall have the power to interpret the meaning of this article in accordance with N.J.S.A. 40:55-70b. It is the intent that this article is to receive a reasonable construction and is to be liberally construed in favor of the City.

§ 425-312 Enforcement; violations and penalties.

A. Enforcement of this article shall be the responsibility of the Zoning Officer.

B. Where a provision of this article is violated, the Zoning Officer shall serve the property owner or other responsible agent with a written notice of violation stating that the violation must cease and that corrective action must be taken immediately. For purposes of this chapter, each day of continued violation shall constitute a separate offense.

C. In the event that the violation has not ceased and that corrective action has not been taken within 10 days of the date of the written notice of violation, the Zoning Officer may issue a summons and file a complaint for the violation in Municipal Court. Alternatively, the City may bring an action in Superior Court to enjoin the property owner or other responsible agent from continuing the violation.

D. If convicted, the property owner or other responsible agent shall be subject to a fine of not more than $1,000 per day or imprisonment for not more than 90 days, or both.