Township of Commercial, NJ Article VI Supplementary District Regulations

§ 145-41 Accessory use structures or uses.

In all zoning districts, any accessory structure or use, allowed as necessary to support a customarily incidental use in connection with a permitted residential use on the same lot in accordance with the following provisions.

A. Within the VB Village Business, VR-1 Village Residential, VR-2 Village Residential, VR-3 Village Residential, R-3 Residential and R-5 Residential zoning districts accessory buildings or uses shall be set back five feet from the side and rear yard property lines for any structure with a height of up to 15 feet. For any accessory structure with a height greater than 15 feet, said structure shall be set back 10 feet from the side and rear yard property line.

B. In all other zoning districts, any structure or use shall be set back from the rear and side yard property lines as provided in the Schedule of District Regulations[1] for the zoning district in which they are located. If the height of the proposed accessory use or structure exceeds a setback distance as stipulated in the Schedule of District Regulations for the zoning district in which it is to be located, then the setback from the side and rear yards shall be no less than 10 feet or the height of the structure, whichever is greater.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

C. Unless specifically permitted by the Land Use Board during development review, no accessory structure shall be located in front of the front yard building setback line. The accessory use shall be used in computation of building and total lot coverage if deemed to have created an impervious cover to the ground whereon it is located. For example, a garden shed set on cement blocks shall not be deemed to have made the ground beneath impervious.

§ 145-42 Conversion of dwellings.

The owner of any dwelling of three or more bedrooms and which dwelling is in conformance with the regulations of the district in which it is located, may convert such dwelling into two or more one-family dwelling units and which was in existence on or before January 1, 1996, but only upon compliance with the following terms and conditions:

A. There shall be no more than one dwelling unit resulting from conversion for every 1/2 acre of land contained in the involved lot over the minimum lot size for a single-family, detached dwelling in the zoning district wherein the said structure proposed for conversion is located.

B. Each dwelling unit resulting from a conversion shall contain at least two rooms in addition to a bathroom and kitchen and shall encompass a minimum of 600 square feet of habitable floor area.

C. Each room resulting from such conversion shall have safe, adequate and convenient means of access and egress which complies with the requirements of the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq. Also, in compliance with said Hotel and Multiple Dwelling Law, each unit resulting from such conversion shall be of reasonable size for the use intended and shall have adequate light and air from the outside.

D. The ground floor area of the original dwelling shall not be enlarged nor the number of stories increased in connection with any dwelling unit conversion.

E. There shall be no external entrance that faces a street and that is separate from any other external entrance to any dwelling in the same structure on the same lot facing the same street, but this restriction shall not apply to two or more entrances in existence on the date of this chapter's enactment. In addition, the present existing exterior architectural design of the original dwelling shall be maintained to the greatest extent possible to preserve the single-family dwelling character and adjacent residences in the neighborhood.

F. Each dwelling unit resulting from such conversion shall be provided sufficient off-street parking in accordance with § 145-47.

§ 145-43 Fences, walls and hedges.

Fences, walls and hedges may be erected, altered or reconstructed in accordance with the following regulations:

A. In any zoning district, fences, walls and hedges may be located within yard areas so long as they do not encroach on public rights-of-way or neighboring properties and subject to the following:

(1) Any fence, wall or hedge along the sides and front edge of any front yard area shall not exceed a height of 2.5 feet, or four feet where the fence, wall or hedge is not more than 25% opaque. In all other areas of the property, a fence, wall or hedge shall not exceed six feet in height with the exception of fences required for tennis courts, swimming pools and dog runs which in all such cases may not 10 feet in height.

(2) All fences shall be located one foot from any property line.

(3) All fences, walls and hedges shall be in conformance with the provisions of § 145-35, Visibility at intersections, and § 145-72BB, Visual obstruction.

(4) Fences and walls in excess of six feet in height shall require zoning and construction permits. All retaining walls require a zoning and construction permits.

(5) For purposes of this section, a "hedge" shall be defined as any clustering or configuration of plant material in such a manner as to permanently or temporarily prohibit or inhibit unrestricted travel between properties or portions of properties or between the street or public rights-of-way and a property.

(6) All hedges shall be planted at a distance from the adjoining property equal to the full growth diameter of the plant used in said hedges plus two additional feet so as to prevent overhang or overgrowth onto adjoining properties. All hedges shall be kept neatly trimmed so as to prevent overhang or intrusion onto adjoining properties, sidewalks, or public rights-of-way.

(7) With the exception of a commercial farm operation and in accordance with the provisions of § 145-55, Keeping of animals and livestock, and land use activities involving animals, no pen for the keeping of animals regardless of the time period said animals are to be so confined, shall be located closer than 10 feet from any property line and shall be prohibited in the front yard area of any lot. For purposes of this subsection, a "pen" shall be defined as a small enclosure of 100 square feet or less in which livestock or other animals are kept.

B. The Land Use Board may modify the above noted requirements of this section upon request wherein it is deemed reasonable and appropriate to require the installation of a buffer between two properties in order to shield a residential use from a nonresidential use on an adjoining property, a historic site or structure from a more contemporary styled structure or a use deemed incompatible with the said adjoining historic site or structure, or from some objectionable condition or nuisance reasonably expected such as, but not limited to, a heavily traveled thoroughfare, to provide privacy to a residential property, create a barrier to intrusions of noise, glare, trash or trespass by persons, animals or vehicles or to protect a historic structure or site from new construction.

C. At the intersection of two or more streets or driveways and a street or driveway in any zoning district, no fences, walls or hedges, other than a traffic sign post or an existing tree, which is higher than three feet above curb level, shall be permitted.

D. Construction. All fences shall be constructed in accordance with the following standards:

(1) The following fences and fence materials are specifically prohibited: razor-wire fences, sharp pointed fences, canvas, and cloth fences. Commercial and industrial uses may have fences topped with a protective wire.

(2) All fences shall be constructed in a manner which shall not be dangerous to persons or animals.

(3) All fences shall be permanent construction and shall withstand a wind load of 15 pounds per square foot.

(4) All fences shall be constructed or installed with stringers facing inwards.

(5) Whenever an electrified fence is to be installed adjacent to a residentially zoned or used property (that is defined for purposes of this section as a lot that has a dwelling upon it), said fence shall have a non-electrified fence installed between it and the property line for the entire distance of said property line so as to prevent children or animals from accidentally coming into contact with the electrified fencing. This provision shall not apply to a bona fide farm.

E. Every fence or wall shall be maintained in a safe, structurally sound, upright condition and in accordance with the approved fence plan on file with the Construction Official or Zoning Officer. If the Zoning Officer or Construction Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, structurally sound, upright condition, said Officer or Official shall notify the owner of said fence or wall in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of fence or wall repaired or removed upon notice from the Zoning Officer and within the period of time set by said Officer in said notice.

F. No fence or wall hereafter erected, altered or reconstructed in any residential zoning district shall exceed the height restrictions set forth in this section. In all other zoning districts, fences shall not exceed 10 feet in height unless specifically approved as part of development review by the Land Use Board.

G. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire or chain link fence exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school property. These restrictions shall also not be applied so as to restrict the erection of a wall for the purpose of retaining earth subject to the appropriate approvals set forth in the Uniform Construction Code.[1]

[1] Editor's Note: See Ch. 131 of this Code.

§ 145-44 Clear cutting and/or woodcutting.

A. Prior to cutting wood on any tract or parcel of land within the Township of less than five acres, the person proposing to cut wood shall file with the Township Zoning Officer a letter of intent to undertake woodcutting as required herein this section, The letter of intent shall be delivered to the office of the Township Zoning Officer or sent by certified mail to said office at least 10 days before commencing said woodcutting operation. No woodcutting shall commence until 10 days after the letter of intent is submitted or sent by certified mail to the Zoning Officer. Notwithstanding the provisions herein, the requirement for filing a letter of intent to undertake woodcutting or clear cut any tract or parcel of land as required hereinabove shall not be applicable to:

(1) Any tree located on a parcel of land one acre or less in size on which a residence has been constructed or is being constructed (construction permit issued);

(2) Any tree located on a parcel of land proposed for development which has received approval of the Land Use Board or a zoning permit and which has as part of the process of obtaining said approval or permit addressed the issue of the removal of trees from the land proposed for development;

(3) Any tree growing on property actually being used as a nursery, garden center, Christmas tree plantation, or an orchard;

(4) Any tree growing on a public right-of-way or on land being used for a sanitary landfill;

(5) Any tree to be cut for personal use by the owner; or

(6) Any dead, diseased, or other tree that is likely to endanger life or property provided that said tree cutting does not involve more than five trees or the clear cutting or more than one acre of land.

B. The letter of intent required to be filed with the Zoning Officer as noted in above, shall include the following:

(1) The name, current address and telephone number of the person proposing to undertake the woodcutting.

(2) The address, including Township Tax Map block and lot numbers for the parcel(s) wherein the proposed woodcutting is to occur.

(3) The name and address of the owner of the property identified in Subsection B(2) above where the woodcutting is to take place.

(4) If the property wherein the woodcutting is to take place is not owned by the person proposing to cut wood, documentation from the owner of the property that the person proposing to cut wood has permission to do so.

(5) The estimated amount of wood to be cut and a brief identification of the number, type and size of trees to be cut.

(6) A schedule for when the woodcutting is to take place.

(7) The purpose of the woodcutting, e.g., to clear land for permitted development, sale of wood, removal of diseased or damaged trees.

C. All woodcutting or clear cutting of a property shall conform to the following requirements:

(1) No woodcutting operation shall involve more than two separate tracts or parcels of land as shown on the current Tax Map of the Township.

(2) During any one calendar year only one woodcutting operation shall be allowed on any one tract or parcel of land regardless of the said parcel or tract size, ownership or the person undertaking the woodcutting unless authorized by the Land Use Board.

D. Review of letter of intent.

(1) Upon receipt of a letter of intent to undertake woodcutting or clear cutting of a tract or parcel of land as required herein, the Zoning Officer shall review said letter to ensure that the proposed woodcutting or clear-cutting activity is in accordance with the requirements of applicable regulations. If the activity is in compliance with said requirements, the Zoning Officer shall maintain a log of the activity for reference and further action if required as result of violation of the said requirements during the woodcutting or clear-cutting activity.

(2) If the review of the letter of intent by the Zoning Officer is not in compliance with the requirements of applicable regulations, then the Zoning Officer shall immediately notify the person filing the letter of intent of said noncompliance and prohibit said woodcutting or clear cutting from commencing.

(3) Once woodcutting or clear cutting has already commenced, the Zoning Officer shall notify the person filing the letter of intent of any noncompliance and a cease work order until said noncompliance is corrected.

§ 145-45 Home occupations.

For purposes of this section, a home occupation, a home professional occupation, and a village commercial home occupation as defined in § 145-3C shall be subject to the following conditions and requirements:

A. Home occupation. Subject to the issuance of a zoning permit, a home occupation may be permitted as an accessory use as provided for in the Schedule of District Regulations[1] and shall adhere to the minimum standards of a particular zone and shall also meet the following criteria:

(1) The use shall be one which is customarily incidental to the use of the premises as a dwelling and subordinate to the residential use of the property.

(2) The home occupation shall be owned and operated by a bona fide resident or residents of the dwelling and shall have no more than one nonresident employee of the dwelling wherein the home occupation is located.

(3) There shall be only one home occupation per residence or dwelling unit.

(4) If the home occupation is located within an apartment there shall not be any nonresidents as employees or be a business that requires or depends upon on-site client or patron visits or more deliveries than might be expected if the apartment was solely used for residential purposes, generally considered for purposes of this section on average as not more than one delivery every three days.

(5) The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings. The exterior appearance of the structure or premises shall be designed, constructed and maintained as a residential dwelling.

(6) The home occupation shall be located within a dwelling unit suitable to the type of business or occupation to be undertaken therein and shall be on property capable of supporting parking for its employees and clients or guests in addition to that required for the residence.

(7) No goods shall be displayed on the premises or be visible from adjoining street(s) except in the case of an artisan's display as provided for in § 145-63B of this chapter and the Zoning Officer finds that such display is so justified. Only articles made on the premises may be sold.

(8) There shall be no external change to the premises or its buildings unless said changes continues the appearance of the property's principal use.

(9) No more than 30% of the principal residential structure, nor more than 750 square feet of any accessory structure shall be used or occupied by the home occupation.

(10) No mechanical equipment may be used except that which is normally used for purely domestic or household purposes with the exception of office equipment such as personal computers, printer, copier, calculator, typewriter, fax machine and similar office equipment of a number and size suitable to the residential setting and the home occupation being carried on in the residence.

(11) Parking spaces are required to be provided in accordance with the provisions of § 145-47 herein this chapter in addition to those required for the residential unit(s) and said parking spaces shall not be located in any required front yard areas. In no case shall any home occupation require parking to occur on the adjacent residential streets.

(12) Buffers may be required based on the location of any new parking areas required as set forth in § 145-47.

(13) Signs as provided for in § 145-50 are permissible and subject to the requirements of § 145-50 and in particular, § 145-50D(15).

(14) In the case of a bed-and-breakfast establishment, in addition to the cited conditions listed hereinabove, the following additional conditions shall be met:

(a) The use shall comply with all provisions of N.J.A.C. 5:23-9.8[2]; and

[2] Editor's Note: N.J.A.C. 5:23-9.8 was repealed by R.2006 d.120, effective April 3, 2006.

(b) Shall not be permitted within a mobile home or apartment.

(15) The manufacture, repair or restoration of motor vehicles, large machinery or equipment, boats, recreational vehicles, or any other item which might reasonably be expected to create noise, pollution or other nuisances shall not be permitted as a home occupation.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

B. Home professional offices. A home professional use may be permitted as an accessory use and shall adhere to the minimum standards of a particular zone and shall also meet the following criteria:

(1) The term "professional office" shall include, but not be limited to, an office for the use of a physician, surgeon, dentist, lawyer, engineer, architect, planner, accountant or other professional person requiring a license to practice in the State of New Jersey.

(2) The use shall be one which is customarily incidental to the use of the premises as a dwelling and subordinate to the residential use of the property.

(3) There shall be no more than two employees working on the premises other than the bona fide residents of the dwelling.

(4) The use shall be conducted entirely within the dwelling or within an accessory building or buildings.

(5) Signs as provided for in § 145-50 are permissible and subject to the requirements of § 145-50 and in particular, § 145-50D(15).

(6) Not more than one professional person may utilize the residence, except that one additional professional may be permitted provided that both professionals are members of the same immediate family occupying the same residence.

(7) Not more than 30% of the total floor area of dwelling unit involved shall be used for the professional office. Not more than a total of 700 square feet of an accessory building or buildings may be used for a home professional office.

(8) No mechanical equipment may be used except that which is normally used for purely domestic or household purposes and with the exception of medical, dental, office or other equipment customarily used and incidental to the profession involved in the home professional office.

(9) The provisions of § 145-45A(12), (13) and (14)(b) shall apply to a home professional office.

(10) A home professional office shall provide parking spaces based on § 145-47 for said the type of professional use involved, e.g., doctor's, architect's or lawyer's office. Should parking requirements result in an excess of four additional parking spaces in addition to those required for a residential use, then said home occupation will be subject to site plan review as provided in Article X herein this chapter.

C. Village commercial home occupation. It is the intent of this subsection to allow more intense, commercial type activity as a home occupation within "village" designated and zoned areas of the community, i.e., the term "village" appears in the name of the zoning district. The village commercial home occupation is different from a home occupation or a home professional occupation in that it is intended to permit residents of the village to conduct from their home commercial activities in a scope, operation and size commensurate with the "village" in which it is located and which is more intense a commercial use of the residential property. The occupation, artistic pursuit, craft or commercial activity to be conducted for gain or support of the resident owner shall be directly related to serving the needs of the village, its residents or visitors. Any village commercial home occupation shall be permitted by grant of a conditional use permit based upon the following conditions:

(1) Location.

(a) The residence wherein the village commercial home occupation shall be located within either a VR Village Residential zoning district or VB Village Business zoning district and the property whereon the residence is located shall front on one of the following roadways:

[1] Village of Laurel Lake: Buckshutem Road;

[2] Village of Mauricetown/Haleyville: Buckshutem Road: Front Street, Highland Avenue, Noble Street, the Port Norris — Haleyville Road; and

[3] Village of Port Norris: Main Street, North Avenue and Warren Street.

(b) For purposes of this § 145-45C(1), only those portions of the above noted streets which are actually located within the specific village's boundary as shown on the Zoning Map of the Township of Commercial shall be eligible to apply for the establishment of a village commercial home occupation conditional use.

(2) The owner/operator of the village commercial home occupation shall be a resident of the home wherein said occupation or business activity is to be conducted.

(3) The Land Use Board, in granting approval of a village commercial home occupation, may impose as conditions of said approval any standards set forth within Subsections A and B above and said village home commercial occupation shall be subject to the following conditions and standards:

(a) The village home commercial occupation shall be clearly incidental and secondary to the use of the dwelling in which it is located for residential purposes.

(b) Allowable area to be used or occupied by the village commercial home occupation shall be no more than 30% of the principal residential structure, or in more than 1,000 square feet of any accessory structure.

(c) The exterior appearance of the structure or premises may be modified to allow for the display of goods or the placement of an artisan's display as per § 145-63 herein. No display of goods shall be closer than eight feet to a street right-of-way line, provided that said display area does not create an obstacle to vision for traffic on adjoining streets, rights-of-way, or driveways. The use of porches to display goods shall be permissible for village commercial home occupations in accordance with the provisions of § 145-63B of this chapter.

(d) The occupation, artistic pursuit, craft or commercial activity is to be of size intended to serve needs of the immediate village environs as defined by the village zoning district boundaries and visitors drawn to the village by cultural, ecological, recreational or historical resources or events therein. For purposes of this subsection, "commercial activity" shall be limited to the sale of products like crafts, baked goods, or other products made by a resident of the home, or provision of services related to the village residents' or visitors' needs and merchandise related to or indicative of the village's culture, ecology, history, and recreational resources, and general services like hairstyling, professional services, business or financial services, a tea or sandwich shop, guided tours of historic site or adjacent natural areas and similar service activities, including those catering to tourists or visitors.

(e) A village commercial home occupation shall operate only during daylight hours unless otherwise allowed by the Land Use Board.

(f) A village commercial home occupation shall provide sufficient parking as determined by the standards in § 145-47 herein either on or off site. In computing required parking spaces to be provided within a village zoning district, the Land Use Board may consider existing on street parking available in granting a waiver from some or all parking as provided in § 145-47A of this chapter. Additionally, a village commercial home occupation which provides on-site parking shall provide pedestrian access ways for the use of its customers and patrons.

(g) Site plan review and approval shall be required for any village commercial home occupation as set forth in Article X of this chapter. In reviewing the site plan, the Land Use Board shall require sufficient buffers or limitations on hours of operations to avoid unnecessary or unreasonable detrimental effects to adjoining residential properties from the more intense commercial style activities herein allowed. In meeting these criteria, the Land Use Board shall be guided in determining the degree of buffer or limitation on whether or not the adjoining residential use also includes a village commercial home occupation. Any activity not conforming to the provisions contained herein this section shall be deemed to be a commercial or business use and treated accordingly as set forth in this chapter for such commercial or business use.

D. Continuance of a home occupation. In the event that any home occupation, home professional occupation or village home commercial occupation exceeds the limits and restrictions of this section or the conditions of approval of said use as reasonably determined by the Land Use Board, shall be deemed in violation of the said approval unless the violation is corrected or a use variance is sought and obtained from the Land Use Board in accordance with the provisions of N.J.S.A. 40:55D-70, Subdivision d.

§ 145-46 Off-street loading.

Off-street loading and maneuvering space shall be provided for the loading and unloading of vehicles on the lot on which is located a use for which the loading space is required as set forth herein:

A. A minimum of one off-street loading space per nonresidential use shall be provided, except that, where more than one use shall be located in one building or where multiple uses are designed as part of a self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex and shall be dispersed throughout the site to best serve the individual users.

B. There shall be at least one central point for trash/garbage pickup in multifamily and nonresidential uses which shall be separate from parking and loading areas by locating such facility either within a building or outside of a building in a totally enclosed metal container(s), obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway(s) may serve both the loading and trash/garbage collections functions. If a container is used for trash/garbage collection functions and is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container(s) do not interfere with or restrict in any manner loading and unloading functions.

C. The minimum number of spaces required per specific use shall be:

(1) Funeral home: one space per 2,500 square feet of floor area. Dimensions of a loading space for this use may be reduced to 33 feet by 12 feet.

(2) Hospitals: one space per 10,000 square feet of gross floor area.

(3) Retail stores, excluding village commercial home occupations: one space per 4,000 square feet of gross floor area.

(4) Office uses: one space per 20,000 square feet of gross floor area.

(5) Warehousing, indoor storage, shipping and receiving facilities: one space per 10,000 square feet of gross floor area.

(6) Research, testing, laboratory, manufacturing and assembly facilities: one space per 20,000 square feet of gross floor area.

(7) Other uses: as reasonably determined by the Land Use Board based on the above standards and the proposed use with consideration being given to the volume and frequency of loading and delivery involved and the character of the area in proximity.

D. Where any use if located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of off-street loading spaces may be fewer than the number required by the above schedule, provided that the applicant, as part of the site plan application, shall indicate on the site plan, shall document to the Land Use Board that the number of spaces to be provided will be adequate to meet the needs of the specific use proposed, and the Land Use Board shall find that said reduce number of loading spaces will be adequate based on the plan and documentation submitted to it.

E. The conformance of any use requiring loading facilities shall remain valid so long as such facilities are provided and maintained in accordance with the following requirements:

(1) They shall be provided and maintained so long as a use exists for which the facilities are designed to serve.

(2) Reasonable precautions shall be taken by the owner or sponsor of the particular use to ensure the availability of required facilities to the delivery and pickup vehicles that they are designed to serve.

F. Access to a loading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and that will permit orderly and safe movement of trucks or delivery vehicles.

G. Loading space(s) as required under this section shall be provided as area in addition to off-street parking space and shall not be considered as supplying off-street parking.

H. Off-street loading spaces and maneuvering areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Township Engineer.

I. Any use which can reasonably be expected to have a number of trucks making deliveries or pickups on a daily basis which may require delays in order to make such deliveries and pickups shall, in addition to any required loading space, provide truck waiting or standing area in order to avoid undue or unsafe interference with the public use of streets or alleys.

§ 145-47 Off-street parking.

A. Each building or site which, after the effective date of this chapter, is erected, enlarged or altered for any of the following uses in any district shall provide and satisfactorily maintain the minimum number of off-street parking spaces set forth herein. Where a particular building or site contains more than one of the following categories of uses, the total parking requirements shall be the sum of the component parts.

Type of Use		Minimum Parking Spaces
Residential uses:
Single-family, detached dwelling or mobile home		2 per unit provided on lot
Semidetached or attached dwelling unit		2 per unit provided on lot
Apartments		1.8 per dwelling unit provided on lot
Commercial establishments or uses:
Home occupation as per § 145-45		1 per each employee not an occupant or resident of the home in which the occupation is located, plus the requisite number of spaces required for the residential uses on the lot and any activities of the home occupation for which parking would be required such as client or customer parking
Home occupation, bed-and-breakfast		Same as a home occupation plus 1 per each room available for occupancy by guests
Village home commercial occupation		Same as a home occupation hereinabove
In the case of home occupations and village home commercial occupations, the Land Use Board may grant waivers to providing on-site parking where it can be shown there is sufficient on-street or off-site parking existing within proximity of the proposed home occupation or village commercial home occupation or is made available to the home occupation or village commercial home occupation as set forth in § 145-47C(5) herein
Retail store, service business		1 per 150 square feet of gross leasable floor area, plus 1 for each employee
Supermarkets		1 per every 150 square feet of gross floor area, plus 1 for each employee
Service station		2.5 for each service bay
Theaters		1 for each four seats
Shopping center		5.5 per 1,000 square feet of gross lease able floor area
Bank		6 per teller window
Motels and hotels		1 per room plus 1 for each employee If a meeting or conference room or rooms are provided, then 1 for each 4 persons of the rated capacity of said rooms If other uses are incorporated as part of any motel or hotel, additional spaces shall be provided in accordance with this section
Restaurant		1 per 3 seats devoted to service, plus 1 for each full-time employee
Funeral home		10 plus 1 per each 50 square feet devoted to chapel or slumber room and one for each employee
Offices:
	General	1 for each 200 square feet of gross leasable floor area, plus 1 for every 2 full-time employees
	Medical, dental or veterinary	6 per doctor plus 1 per doctor or employee
Wholesale store or furniture store		Exclusive of storage space, 1 per 400 square feet, plus 1 for each employee
Automotive sales or rental		1 per each 300 square feet of gross floor area, plus 1 for each employee
Flea markets		3 per each table or booth, plus 1 per employee
Auction or outdoor sale		1 per each 150 square feet of gross floor or ground area utilized for sale, plus 1 per employee present
Roadside stand		3 spaces plus 1 additional space per each 100 square feet of display area in excess of 300 square feet
Community facilities:
Church, house of worship		1 for each 3 seats or at least 1 for each 50 square feet of gross floor area used or intended to be used for service to patrons, guest or members, whichever requires the greater number, plus 1 for each full-time employee
Assembly hall, auditorium or community center		1 for each 4 seats or at least 1 for each 100 square feet of floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever is greater, plus 1 per each full-time employee
Hospital		1.5 per bed
Nursing home		1 per each 3 beds
Schools:
	Elementary, middle or junior high schools	1 per each employee plus 10%
	High school	10 per classroom
	College	1 per every 2 students, plus 1 per every 4 dormitory beds
Library or museum		1 per every 500 square feet of gross floor area
Industrial establishments:
Industrial, manufacturing use		1 per employee plus 10% or 1 per every 750 square feet of gross floor area, whichever is greater
Storage warehouse		1 per employee plus 10% or 1 per every 750 square feet of gross floor area, whichever is greater
Recreational facilities:
Clubs, golf clubhouses, commercial and noncommercial uses		1 for each 6 persons of rated capacity
Marinas		1 for each slip and in the case of boats stored on land, then one for each space of land storage, plus 1 per each full-time employee and additional parking for other uses or activities provided as set forth herein
Other uses		To be determined by the Land Use Board based upon the requirements contained herein for similar uses and the factors generating parking need, such as number of patrons, floor area, seating capacity or availability of public transportation

B. General regulations applying to required off-street parking facilities:

(1) Structures and uses in existence at the date of adoption of this chapter shall not be subject to the requirements of this section so long as the kind or extent of such use is not changed, provided that any parking facility now serving such structure or uses shall not in the future be reduced below such requirements.

(2) Whenever there is an alteration of a structure or change or extension of a use which increases the parking requirements according to the standards for this chapter, the total additional parking required for the alteration, change or extension shall be provided in accordance with the requirements of this section.

(3) No parking area shall be used for any use that interferes with its availability for the parking need it is intended to serve.

(4) All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision except upon the approval of the Land Use Board and then only after proof that, by reason of diminution in floor area, seating area, the number of employees or changes in other factors controlling the regulation of the number of required parking spaces, such reduction is in conformity with the requirements of this section. Reasonable precautions shall be taken by the owner or operator of particular uses to ensure the availability of required facilities to the employees or other person whom the facilities are designed to serve. Such facilities shall be designed and used in such a manner as to at no time constitute a nuisance or a hazard or an unreasonable impediment to traffic.

(5) Where the computation of required parking space results in a fractional number, any fraction of the next highest number shall be counted as one.

C. The parking spaces required herein may be located elsewhere than on the same lot as the use they serve when authorized as a conditional use subject to the following conditions:

(1) The owner or owners of two or more establishments or properties shall submit with their application for a combined parking conditional use a site plan showing joint use and location of a common off-site parking area.

(2) Some portion of the common off-street parking shall be located within 200 feet of an entrance, regularly used by patrons, into the establishments served thereby.

(3) The Land Use Board may, at its discretion, reduce the required aggregate amount of required parking space upon determination that greater efficiency is achieved by joint use of a common parking area, but in no case shall the ratio of total off-street parking area to gross floor area be reduced less than 25%.

(4) The said parking area is not to be located across a street, roadway or thoroughfare unless a pedestrian crossing, such as an overpass or traffic signal along a state highway or arterial road, is provided for persons utilizing said parking area. In the case of establishments within a village-designated zoning district and not located on a state highway or arterial road, a street, roadway or thoroughfare crossing using pavement crosshatch markings and signs warning motorists of pedestrian crossing may be permitted where such a crosswalk can be constructed in accordance with the "Manual on Uniform Traffic Control Devices."

(5) It is the intent of this subsection to recognize the nature of a home occupation and/or a village commercial home occupation and to recognize its limited size and scope of activity. Additionally, the Land Use Board may consider the nature of a village as set forth in the adopted Township Master Plan and reasonably allow deviation from strict compliance with off-street parking requirements in the case of such home occupations or village commercial home occupations as deemed appropriate to protect public safety. To this end and when requested in writing by the applicant for approval of such a home occupation or village commercial home occupation, the Land Use Board may grant a waiver from required on-site parking requirements by allowing the applicant to use on-street parking or off-site parking spaces to satisfy the parking requirements as set forth herein this section; or grant a waiver from meeting a portion or all of the parking required of said home occupation or village commercial home occupation based on the following conditions:

(a) The type of business or activity and the availability of suitable parking on site or along streets adjoining the property involved or in close proximity thereto.

(b) The anticipated area from which clients or customers of the home occupation or village commercial home occupation are expected to be drawn, i.e., from the immediate village or from a further distance.

(c) Submission of written proof that the applicant owns, leases or is permitted to utilize off-site parking for the home occupation or village commercial home occupation's clients or customers. Said agreement must be submitted by the applicant and specifically allocated and reserve said parking for the home occupation or village commercial home occupation, be within reasonable proximity to the property whereon the home occupation or village commercial home occupation is to be located, and existing conditions will permit pedestrian access between the off-site parking and the applicant's property.

(d) In determining the suitability of any such reduction of parking required, allowing of on-street or off-site parking, or a waiver thereof, the Land Use Board may request testimony or comments from appropriate experts and officials familiar with the locations and roadways involved in the pending application. The Land Use Board may require the applicant to obtain, at his/her cost, such expert testimony and/or reports as deemed reasonably necessary to support the applicant's request.

D. A private garage constructed as an accessory use in a residential zoning district shall be subject to the following special provisions in regard to its location:

(1) In the case of a corner lot, said private garage shall be located at least 10 feet from the rear yard nearest the side street line, and it shall be set back from the lot line behind it a distance equal to the required minimum setback of a side yard for the district in which it is located.

(2) An attached private garage shall be subject to the yard setback requirements of the principal structure to which it is attached.

(3) Community garages when built on the same lot as a principal building shall be located in conformance with the requirements of this section for private garages; but when built as the principal use on a separate lot, said structure shall conform to the setback provisions for the principal use for the district within which it is located and to the side yard and rear yard provisions for a private garage as given in § 145-47D(1) and (2).

E. A commercial parking lot shall be subject to the following provisions:

(1) No commercial parking lot shall hereafter be constructed or located within:

(a) 100 feet of a non-village designated residential zoning district; or

(b) 20 feet of a residence in any VR Village Residential or VB Village Business zoning district.

(2) No commercial parking lot shall have an entrance or exit connected with a public street at a point closer than 200 feet, measured along the same street line in the same block, to any single family, detached or attached dwelling, church, library, charitable institution, school, college, nursing home or hospital or similar use or any entrance or exit thereto.

(3) Within a VR Village Residential or VB Village Business zoning districts, a commercial parking lot or area for less than 10 spaces shall be at least 20 feet from an adjoining residential property and be buffered by a fence, wall, plant material or combination thereof sufficient to prevent headlight glare and blowing of debris or trash onto any adjoining residential property. The Land Use Board in approving a site plan may increase the required buffer width where deemed necessary to avoid nuisances or adverse effects on adjoining residential property. Any buffer created to satisfy the requirements of this subsection shall be aesthetic in appearance as seen from adjoining roads or properties and if assembled of landscaping and vegetation, said vegetation shall conform to the provisions of § 145-72AA herein.

F. No motor vehicle or motor vehicle and trailer in combination which shall weigh in excess of 8,000 pounds shall be placed or stored in any zoning district in such a way as to obstruct driver vision or cause a safety hazard. Additionally no such vehicle or vehicle and trailer combination shall be placed or stored in a residential zoning district in such a way as to create a nuisance from noise, glare or exhaust to adjoining properties.

G. The placing or storing of a single commercial vehicle at the residence of the owner or operator of said vehicle does not constitute the parking of a commercial vehicle in a noncommercial zone provided that:

(1) Said placing or storing is limited to a single vehicle;

(2) This interpretation is limited to temporary placing or storing of said vehicle and does not extend to the repair or maintenance of said vehicle or any commercial activity being conducted on site; and

(3) The location of said vehicle's placement on the property is in such a manner as to not create a nuisance to the residential neighbors or otherwise violate any applicable municipal ordinance.

§ 145-48 Outdoor storage.

A. Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use(s) and/or part of the normal activities conducted on the premises therewith by said permitted use(s). All outdoor storage shall be subject to the requirements of the zoning district in which it is located, including setbacks, area and coverage requirements, and shall be screened as provided for in § 145-72D of this chapter from any property used or zoned for residential purposes. No storage shall be permitted in front yard areas with the exception of properties abutting the Commercial, in which case it shall be screened to the greatest extent possible from river view.

B. In the case of a home occupation as set forth in § 145-45 or a commercial activity, merchandise may be located in the front yard area during normal business hours to display the type of merchandise made and/or available for purchase on site. Additionally, agricultural products in a farm or roadside stand as permitted in § 145-63A, a vehicle, lawn or farm equipment, boat or similar item so normally displayed for sale and if owned by a resident of the property upon which is displayed for sale, shall be allowed within a front yard area.

C. No more than one legally tagged and registered travel trailer, utility trailer, pick-up bed camper (a portable structure commonly used for camping designed to fit on the bed of a pickup truck) or other recreational vehicle used for camping or lodging carrying registration for the current year, shall be located or stored on any residential property within the Township. Storage of such a travel trailer or recreational vehicle used for camping or lodging shall be stored in such a way as to not cause a nuisance to adjoining properties or a safety hazard with regard to vision along adjoining driveways and/or streets. There shall be no hookup or connection of said travel trailer, recreational vehicle, or pick-up camper as noted above to any sewer, water, electric, gas or other utility line or facility in the Township, except that such trailers vehicles or pickup bed campers may be connected to electricity during cold weather periods to prevent freezing upon obtaining a permit from the Construction Official. Other types of recreational vehicles as defined in § 145-3C of this chapter than those listed above may be stored on the property of their owner as an accessory use subject to the standards set forth in the Schedule of District Regulations[1] for an accessory use to a residential use in the zoning district in which it is to be stored. Not more than two such recreational vehicles shall be stored outdoors on any one property. The storage of such any recreational vehicle shall not be in any front yard area. Storage of motor vehicles of any kind, registered or nonregistered, campers, trailers or any other vehicle or over-the-road unit, cannot be stored on vacant property in residential zoning districts.

[1] Editor's Note: The Schedule of District Regulations and accompanying checklists are included as attachments to this chapter.

D. Storage of boats.

(1) Boats which are the size and type subject to registration by the State of New Jersey shall be currently registered with the State of New Jersey and no boat shall be located on any residential property in the Township which at any time is in the state of substantial disassembly, disrepair or in the process of being stripped or dismantled or which is not currently registered.

(2) No boat shall be stored on a residential property in the Township on blocks within the front yard of any residential property.

E. Storage of utility or tractor trailer box trailers.

(1) For purposes of this section, the following terms shall be defined as set forth herein below:

TRACTOR TRAILER BOX TRAILER (sometimes referred to as a "shipping cargo container box")

A box trailer of a type generally pulled by a tractor trailer truck over the highway, or the box removed from such trailer utilized as a container or ship cargo container, whether or not mounted on wheels.

UTILITY TRAILER

A trailer utilized for the hauling of miscellaneous material, which may be either open or enclosed, and licensed as a utility trailer by the State of New Jersey.

(2) No untagged or unregistered utility trailer shall be permitted to be located on any residential property in the Township.

(3) No tractor trailer box trailer of any type, without registration or unregistered shall be permitted on a residential property in the Township.

(4) Permanent or temporary (more than one week) use of a tractor trailer box trailer for storage, housing or protection of animals or for any other reason shall be prohibited except in the LI Light Industry zoning district.

§ 145-49 River Conservation/Floodplain Overlay Zone district.

A. Purpose and intent. The specific purpose and intent of this section is to provide for the protection of the natural resources of the Maurice River and its tributaries while providing regulations for the future development of the adjacent area. A Local River Management Plan produced by the Cumberland County Department of Planning and Development and subsequently adopted by the Commercial Township Land Use Board as an amendment to the Township Master Plan provides clear goals, objectives, and guidelines for the future development of the Maurice, Menantico, Manumuskin, and Muskee Rivers' corridors. The River Conservation/Floodplain Zone district is hereby established to provide the land use controls which are necessary for implementation of the adopted River Management Plan. The purposes of this section are summarized below:

(1) Protect the health, safety and welfare of river corridor residents.

(2) Protect and enhance the valuable natural resources of the River Conservation/Floodplain Zone district.

(3) Protect and encourage the continuation of existing traditional land and water uses within the River Conservation/Floodplain Zone district.

(4) Identify those future land uses which would conform with this section; those uses which, with conditions, would be deemed to conform; and those uses which would not conform.

(5) Identify specific development and site design standards to be applied within the River Conservation/Floodplain Zone district.

(6) Provide regional management of the river corridors through local land use controls.

B. Establishment.

(1) The River Conservation/Floodplain Overlay district is established divided into two overlay subdistrict overlays, imposing a set of development requirements in addition to those of the existing, underlying zoning district. The RC/FP River Conservation/Floodplain Overlay Zone is depicted on the Commercial Township Zoning Map with two sub-zone overlays: the Resource Protection/Floodplain Sub-District Overlay and the Development Sub-District Overlay. Any development standards not expressly provided in the Resource Protection/Floodplain Zone district shall be governed by the underlying zoning district. Where there is a conflict between the development standards provided for in the RC/FP Overlay district regulations contained in this section and the development standards provided for in the underlying zoning district, the most stringent requirement shall apply.

(2) Those area within Commercial Township defined as Flood Hazard Areas on the U.S. Department of Housing and Urban Development's most recent FIA Flood Hazard Boundary Map for Commercial Township and which are shown on the map designated as the Commercial Township Zoning Map are hereby included with the area designated as the River Conservation and Floodplain district. Within the floodplain areas described above, there are hereby designated floodways as defined in § 145-3C of this chapter.

C. Limitations. This Section applies only to activities within the landward boundaries of watercourses mapped as the River Conservation/Floodplain Zone district on the Commercial Township Zoning Map, Resource Protection/Floodplain Sub-District Overlay. Only floodplain regulations shall apply to the Development Sub-District Overlay. Nothing contained herein shall limit rights of landowners to maintain lawfully established uses.

D. Nonconforming uses. Existing land uses which do not meet the standards outlined in this section are to be identified as "nonconforming uses." Article V, § 145-38, of this chapter provides conditions for those lawfully existing uses which do not meet the provisions of the RC/FP Resource Conservation/Floodplain Overlay district as of the establishment of this RC/FP Overlay district by ordinance adopted June 25, 1992.

E. Principal uses. Any land use identified within this article as a principal use is allowed, subject to the restrictions of the applicable underlying district regulations.

F. Conditional uses. Any land use identified within this article as requiring a conditional use or requiring a special permit is allowed only upon showing that such use in a specified location will comply with all the conditions and operation of said for the location and operation of such use as specified by this chapter and authorized by the Land Use Board through said ordinance.

G. Prohibited uses. All uses identified in § 145-49I(2) herein as a prohibited use are expressly forbidden. In addition, all uses which are not expressly permitted as either a principal use or as a conditional use in this chapter are also prohibited.

H. Sub-districts. Within the River Conservation/Floodplain Overlay district two sub-districts are hereby established to set forth the type of use and manner in which it is permitted throughout the district. The applicable standards are in addition to the existing, underlying zoning district regulations.

I. Resource Protection/Flood Protection Sub-District Overlay.

(1) Principal uses:

(a) Low density residential with the following restrictions:

[1] Minimum lot size of five acres per dwelling unit.

[2] Minimum building setback of 150 feet.

[3] Maximum clearing of vegetation 20% of lot area.

[4] Minimum septic system setback of 150 feet.

(b) Conservation activities.

(c) Recreational uses, not requiring regrading or removal of trees, shrubs, or vines, such as a park, picnic grove, boating club, but excluding closed structures or storage areas.

(d) Game farm or fish hatchery.

(e) Hunting and fishing reserve.

(f) Wildlife sanctuary, woodland preserve or arboretum.

(2) Prohibited uses:

(a) Landfills.

(b) Waste storage/incineration.

(c) Sludge farm or land application.

(d) Radioactive waste facilities.

(3) Minimum lot size. The minimum lot size required in this section shall not hold precedence over larger minimum lot sizes required in underlying zoning districts. In the case of a conflict between the RP/FP Resource Protection/Flood Hazard Sub-District Overlay zone and the underlying zoning district, the largest minimum lot size shall be required.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(4) Setbacks. All building setbacks and septic system setbacks shall be measured from the mean high-water line. This is the line formed by the intersection of the tidal plane of mean high water with the shore.

(5) Clearing of vegetation. All principal uses shall be limited to a maximum amount of removal of natural, indigenous vegetation. Replanting of ornamental species shall not constitute adequate mitigation for exceeding this requirement.

(6) Buffers and natural filter strips. A vegetation buffer, composed of indigenous species, shall be maintained parallel to the mean high-water line for a width of not less than 50 feet. For the purposes of normal pedestrian access to the waterfront, an opening of not more than 10 feet may be excluded from the buffer requirements.

(7) Minimum river frontage. A minimum river lot frontage of 300 feet shall be required for all principal uses located adjacent to the river corridors as identified in Subsection A, Purpose and intent, herein.

(8) Additional requirements to address flood hazard area. Those areas defined in § 145-49B(2) as flood hazard areas shall be governed by the additional requirements provided in this subsection.

(a) Any structure proposed to be erected, constructed or located shall not have a basement unless the applicant provides evidence that the proposed structure is located outside the flood hazard area portion of the River Conservation/Floodplain zoning district.

(b) The first floor of any structure or structures located within the Flood Hazard Area portion of the Resource Protection/Floodplain Sub-Zone Overlay shall be elevated above the elevation of the nearest natural stream or watercourse within 500 feet of the building location involved, as determined by the Township Engineer. The elevation of the first floor of such structure shall be determined by the Township Engineer, but shall be no more than 10 feet above the elevation of the nearest natural stream.

(c) Any new construction or substantial improvements shall conform to all construction codes and other applicable regulations of the Township of Commercial, including the requirement that the proposed construction:

[1] Is protected against flood damage;

[2] Is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure;

[3] Uses construction materials and practices that will minimize flood damage;

[4] New or replacement water supply system and/or sanitary sewage system are to be located so as to avoid impairment to them or contamination from them during flooding.

[5] Except in situations where site plan review is not required, no vegetation removal or regarding of a site shall be carried out unless expressly permitted by the Commercial Township Land Use Board after site plan review and a determination by said Board that any land disturbance activity is the minimum required to accomplish the use to be permitted.

[6] Where less than 20% of an existing lot is located within a floodplain area, the use as permitted and regulated by this chapter for the zone district in which the area is located shall apply, providing that no structures are placed within the floodplain area. In the case of lots split by the floodplain designation, all construction and accompanying land disturbance activities shall take place outside the floodplain area, and all minimum yard dimensions and maximum lot coverage for the entire tract or lot shall be observed, unless construction within or land disturbance of the floodplain is permitted in accordance with the provisions of the subsection.

[7] No nonconforming uses created as a result of the regulations herein this section shall be expanded or be rebuilt or reestablished in the event of their destruction or abandonment, except as provided in this subsection.

[8] The granting of a zoning permit in the floodplain shall not constitute a representation, guaranty or warranty of any kind by the Township of Commercial or by any official or employee thereof of the practicability and safety or flood-prone status of the proposed use, nor shall the granting of such a permit create any liability upon the Township of Commercial, its officials or employees.

J. Medium-density residential cluster development. Medium-density residential development shall be permitted within the Resource Protection/Floodplain Sub-Zone Overlay district as a conditional use when utilizing the Cluster Development Criteria described in the River Management Plan addendum to the Township Master Plan.

(1) The creation of three or more lots for residential use, whether or not constituting a major subdivision or construction of three or more dwelling units within a five-year period from or on a property or set of contiguous properties in common ownership as of October 1, 1991, within the Resource Protection Sub-Zone Overlay district, shall be allowed only as a conditional use by the Land Use Board, in accordance with the criteria set forth below.

(2) Application requirements. Applicants for a conditional use shall file with the Land Use Board the appropriate number of copies of a site plan and environmental impact statement to include the information required by Article X and payment of fees and establishment of an escrow account according to Article XI of this chapter.

(3) Criteria for conditional use. Applications for a conditional use for residential communities in the Resource Protection Sub-Zone Overlay district shall meet all of the following criteria:

(a) The development plan shall demonstrate that, where applicable, the proposed development meets all of the requirements of Township site plan and subdivision review rules and regulations.

(b) The minimum area of land for a conditional use development shall be 25 acres.

(c) The total number of dwelling units shall be determined at the rate of one unit per every two acres of buildable land, after excluding from this computation all wetlands, wetlands transition areas, and flood-prone lands as defined by N.J.A.C. 7:7A, N.J.S.A. 58:16A, and N.J.S.A. 13:9A.

(d) The total area of residual open space within the development shall be at least 50% of the total area of developable land in the proposed development, excluding from this all computations of wetlands, wetlands transition area, and flood-prone lands.

(e) All residual land which is to be used only for passive recreation or natural open space shall be managed in accordance with the guidelines set forth in this chapter.

(f) Conditional use applicants shall provide copies of deed covenants with prospective purchasers or conservation easements with the municipality, describing land management practices to be followed by whichever party or parties are responsible for maintenance of the residual open land.

(g) Further subdivision of residual land or its use for other than noncommercial, passive recreation or conservation shall be prohibited. These restrictions shall be recorded in a conservation easement to which the Township is a signatory party.

(4) Design guidelines. The proposed development shall meet the following applicable design guidelines:

(a) Dwelling units shall be grouped so that, on average, they consume no more than one acre of land per dwelling unit, including roads, and that a maximum of 50% of the parcel results in impervious coverage.

(b) Lots shall be laid out, to the greatest extent feasible, to achieve the following objectives (listed below in order of priority, as it is recognized that some may conflict with others on any given site):

[1] On the most suitable soils for sub-surface septic disposal as provided in the County soils survey;

[2] On the least important soils for natural vegetation important to wildlife as provided in the County soils survey;

[3] Within any upland woodland contained in the parcel to reduce impact upon the visual quality of the river, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features;

[4] In locations least likely to block or interrupt scenic vistas, as seen from the river; and

[5] Other criteria which may be listed in the Township's site plan and subdivision rules and regulations, Articles VIII through XI of this chapter, as applicable to the application, for the promotion of the public health, safety and welfare.

(5) Issuance of conditional use permit. Conditional use permits may be issued in accordance with the procedures outline in N.J.S.A. 40:55D-1 et seq. and § 145-84, Conditional uses, of this chapter.

(6) Conservation and recreational conditional uses. Within the Resource Protection/Floodplain Sub-Zone located south of the Mauricetown Bridge and Causeway, the Land Use Board on application for a conditional use permit may allow such conservation and recreational uses deemed related and traditional to the environment, culture and history of the river corridor. Any such application shall comply with the provisions of Article X of this chapter, as applicable, including the submission of an environmental impact statement and such other information as required to determine whether the proposed conditional use is not detrimental to the purpose and intent of the River Conservation Overlay district.

K. Development sub-district. Existing and new commercial, maritime-based industrial uses and such other uses as allowed under Township zoning regulations of the underlying zoning district shall continue without the additional requirements of § 145-49 with the exception of § 145-49I(8) regarding additional requirements to address flood hazard areas.

§ 145-50 Signs.

No sign shall be erected, re-erected, constructed, altered, placed or maintained except as provided for in this section. No sign of any type shall be permitted to obstruct driver vision, traffic signals, traffic directional and identification signs, other places of business signs, or windows of buildings on which they are located, or fire escapes, doors or ventilation openings. No sign shall be attached to trees, fence posts, stumps, utility poles, bridges, culverts, or other signs. All signs shall be freestanding or attached to buildings in an approved manner and located on said lot the use for which they advertise. Signs shall be permitted in accordance with the following standards and requirements:

A. In all zoning districts, the following signs shall be permitted without obtaining a zoning or sign permit:

(1) All signs and signals owned and operated by the Township of Commercial, the County of Cumberland, the State of New Jersey or the United States Government or their respective agencies. The Land Use Board at its discretion may approve groupings of signs for direction and information as to public access facilities, such as eating, lodging, boating, camping, historical and recreational facilities. Such groupings shall be limited to a maximum of 32 square feet of information area and the content and appearance shall be at its discretion.

(2) Identification signs for public or quasi-public facilities, such as schools, churches, hospitals, libraries or museums not exceeding two square feet in area.

(3) Memorial or historical markers or tablets not exceeding four square feet in area.

(4) Customary on-site real estate signs temporarily advertising the sale, rental or lease of the premises or portions thereof, and professional offices or home occupation nameplates (or signs). No such sign shall exceed six square feet in area nor shall there be more than one such sign for each 200 feet or part thereof of road frontage contained in the property on which such sign is to be located. Such signs shall only be located on the property where the use or structure is located that said sign(s) are advertising or identifying. Such signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business advertised. Where a property for sale or rent is located on a residential street used only for access to properties located thereon, a directional sign indicating a property for sale or rent on said street may be placed at the intersection of said street and the collector or arterial street into which it empties provided said identification sign is not larger than four square feet in size.

(5) Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "Private Property," "No hunting or gunning," "No trespassing" or similar signs which do not exceed two square feet in area.

(6) Portable signs that are advertising a business located on private property and/or commercial property while such business service is being conducted on said property shall be permitted. The sign(s) shall be removed 30 days after such service is completed at the private property and/or commercial property.

[Added 7-16-2015 by Ord. No. 2015-569[1]]

[1] Editor's Note: This ordinance also stated, "Failure to follow the provisions of this ordinance shall be a violation as determined by the Commercial Township Code Enforcement Official who may file a complaint in the Commercial Township Municipal Court along with recommended fine, which shall range from $50 to $500 as determined by the Judge of the Commercial Township Municipal Court."

B. All signs shall be designed, constructed and maintained in accordance with the following standards and provisions:

(1) No freestanding sign shall exceed the maximum building height permitted for the same in the district in which it is located, and no attached sign shall be higher at any point than the roof line of the building to which said sign is attached. No attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above areas traversed by motor vehicles, such as, but not limited to, driveways and parking or loading areas.

(2) All signs shall conform to the standards of the Uniform Construction Code.[2]

[2] Editor's Note: See Ch. 131 of this Code.

(3) Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining streets and/or rights-of-way so as to avoid a traffic hazard.

(4) Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

(5) Signs and sign structures of all types shall be located to allow a clear, unobstructed line of vision as specified in § 145-43C.

(6) Signs with more than one exposure shall be measured for area by using the surface area of one side providing one side is visible from either direction on the adjoining road. All sides, however, may be used for display providing the total area does not exceed double that allowed for the single side.

(7) All signs shall be constructed of durable material such as wood, metal, stone or masonry. Whenever possible, signs and materials used to construct same shall be harmonious with its scenic surroundings.

C. In order to prevent nuisances, glare or continuous intermittent or disorienting displays of light to surrounding uses, the traveling public and to avoid dangerous distractions to or creating confusion for driver vision along roadways, or the unnecessary intrusion of commercial advertising activity into noncommercially and commercially zoned areas, to include all roadsides throughout the Township and on private property roadsides or areas zoned for protection of natural landscapes within the community, the following signs are prohibited in all districts:

[Amended 7-16-2015 by Ord. No. 2015-569[3]]

(1) Signs with red, yellow, orange or blue illumination in a beam, beacon, or flashing form resembling an emergency light or traffic control device in any location.

(2) Portable signs, i.e., fixed on a movable stand or frame which is self-supporting without being firmly embedded in the ground, supported by other objects, mounted on wheels or movable vehicles or made easily movable in some other manner. The advertised business whose name appears on the sign shall be warned and fined for posting portable signs on any roadway throughout the township, including portable signs posted on private property along roadsides.

(3) Signs using mechanical or electrical devices to revolve flash or display movement or the illusion of movement.

(4) Signs using sudden light changes.

(5) Outdoor, off-site advertising sign, other than signs advertising agricultural roadside stands, except within the VB Village Business and LI Light Industrial zoning districts. Within these cited zoning districts outdoor, off-site advertising signs shall only be permitted in accordance with the following conditions:

(a) The sign shall be located along an arterial or collector road as defined and identified in the adopted an adopted as a Master Plan element or as classified by the County of Cumberland in the case of county roads;

(b) The sign shall not be located so as to block the scenic view of any river, marsh or wetland, historical structure or site, or other natural or cultural landmarks or characteristics as identified by the adopted Township Master Plan;

(c) Signs shall not be located closer than 30 feet to any street right-of-way or property lines. No outdoor, off-site advertising signs shall be located closer than 100 feet to any church, school, public building or residence;

(d) If illuminated, no such lighting shall be created a danger or nuisance from glare or direct lighting upon adjoining properties or roadways; and

(e) No such sign shall be of an overall height greater than 15 feet or an area greater than 32 square feet.

(6) No existing sign which does not conform to this section shall be permitted to continue beyond three years after the effective date of this chapter.

[3] Editor's Note: This ordinance also stated, "Failure to follow the provisions of this ordinance shall be a violation as determined by the Commercial Township Code Enforcement Official who may file a complaint in the Commercial Township Municipal Court along with recommended fine, which shall range from $50 to $500 as determined by the Judge of the Commercial Township Municipal Court."

D. In any district where the following uses are permitted, the following signs shall be permitted in connection with said uses.

(1) Churches, places of worship. Each such use shall be permitted one freestanding sign not exceeding 12 square feet in area and 10 feet in height and set back at least 20 feet from all street rights-of-way and lot lines, plus one attached sign not exceeding 25 feet in area. Such signs may be illuminated.

(2) Public building, museums and libraries or other similar type uses. Each such use shall be permitted one freestanding sign not to exceed 12 square feet in area and 10 feet in height and be set back at least 20 feet from all street rights-of-way and adjoining property lines. In addition, such uses may have one attached sign not to exceed 30 feet in area. The sign may be illuminated.

(3) Apartments and multifamily dwelling complexes. Each development having in excess of four dwelling units may have one sign along each arterial or collector road which the tract involved abuts, provided that there exists at least 200 feet of frontage. Such sign(s) shall not exceed 10 feet in height, shall be set back from all street rights-of-way and driveways at least 30 feet, shall be set back from the property lines a minimum of 50 feet, shall not exceed an area of 40 square feet, and shall be used only to display the development name.

(4) Retail and service uses, restaurants not located on arterial roads, professional and business offices, banks and similar uses. Each such activity may have one illuminated or non-illuminated sign displaying the name of the use attached flat against the front of the building in which it is located, not exceeding an area equivalent to 5% of the front of the building or 40 square feet, whichever is smaller. Where the building(s) is designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear or side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building. In the case of restaurants located along arterial roads, said establishment may have one freestanding sign not exceeding 20 square feet in area and 30 feet in height. Said sign shall be set back from all street rights-of-way at least 10 feet. In addition, each such establishment may have one attached sign on the front, rear and side entrances to the building in which it is located as provided hereinabove.

(5) Theaters and indoor commercial recreation. Each use may have one illuminated or non-illuminated sign displaying the name of the use attached flat against the front of the building in which it is located, not exceeding an area equivalent to 5% of the front facade of the building or 100 square feet, whichever is smaller. Where the building(s) is designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear or side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building. Additionally, the Land Use Board may permit one freestanding sign not to exceed 30 square feet in area and 30 feet height. Said sign shall be set back from all street rights-of-way at least 10 feet and 40 feet from any adjoining property lines. Said freestanding sign may be illuminated or not and shall be used to display the name of the use and the current program of events or entertainment. Such uses may also at the discretion of the Land Use Board, have one additional attached sign on the front of the building for display of the program or event offered provided said sign does not exceed 60 square feet in area.

(6) Clubs, lodge or assembly halls, or other similar uses. Each use shall be permitted one sign, either freestanding or attached to the structure facade which faces one adjoining roadway and not exceeding an area of 40 square feet. If freestanding, said sign shall not exceed 40 feet in height and be located at a minimum of 20 feet from any adjoining road rights-of-way and 40 feet from any adjoining property lines. Such sign may be illuminated.

(7) Multi-office building or complex, hotel, motel, or professional or business office center. Any such use may have one sign, either freestanding or attached, not exceeding an area equivalent to 5% of the first-floor portion of the front facade of the main structure or 150 square feet, whichever is smaller. If the sign is freestanding it shall not exceed a height of 30 feet and shall be setback a minimum of 20 feet from any road right-of-way and 40 feet from any adjoining property line. Where an individual office unit within such a structure or complex has direct access from the outside, a sign not exceeding four square feet, identifying the name of the office or occupant thereof, may also be attached to the building at the office entrance.

(8) Planned neighborhood commercial developments. Each development, i.e., shopping center, may have one freestanding sign along each arterial or collector road which the tract involved abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 60 feet in height, shall be set back from the street rights-of-way and driveways at least 20 feet, shall be set back from any property line a minimum of 100 feet, and shall not exceed an area of 200 square feet.

(a) Where uses share a common walkway, each use served by the walkway may have one sign which shall be attached flat against the building either above or below the common walkway canopy and/or one sign suspended perpendicular fashion from the roof or canopy over the common walkway. Suspended signs shall be no closer than eight feet at their lowest point to the finished grade level below them. No such sign shall exceed 10 square feet in area.

(b) All signs in a planned neighborhood commercial development shall conform in character to all other signs in the center or complex and shall blend with the overall architectural scheme of the center or complex and its surroundings.

(9) Service station or repair garage. Each use may have one freestanding sign, one sign attached flat against its primary structure, and one sign identifying the name of the company in the case of a canopy over a fueling area. The freestanding sign shall not exceed an area of 20 square feet, shall be set back at least 10 feet from all street rights-of-way and lot lines, and shall not exceed a height of 35 feet. The attached sign shall not exceed 30 square feet in area.

(10) Industrial and manufacturing use, whole distribution center or warehouse, a construction company, body shop, or similar uses. Each use shall be permitted one sign not larger than the equivalent of 5% of the area of the front wall of the principal building facing the street or 100 square feet, whichever is smaller. If attached to the building, the sign shall not be higher than the roofline. If freestanding, the sign shall be set back from all street rights-of-way and driveways and lot lines at least 40 feet. The maximum height of freestanding sign shall not exceed 35 feet.

(11) Marina.

(a) Each marina may have one freestanding sign along the road it abuts. Such sign shall not exceed a height of 20 feet or exceed 60 square feet in area. The freestanding sign shall not be visible from any adjoining river or creek, shall be outside any road rights-of-way, at least 10 feet from any property line and not an impediment of driver vision on any street or driveway. Additionally, one attached sign may be permitted on any principal building. Said attached sign shall not be larger than the equivalent of 5% of the front facade of said building or 50 square feet, whichever is greater. When a marina is located at the end of a dead-end street or road, one off-site freestanding sign shall be permitted to be located at the intersection of said dead-end street or road and collector or arterial roadway. Said additional off-site freestanding sign shall not exceed a height of 10 feet or an area greater than 20 square feet. It shall be located outside of any road rights-of-way or sight triangle area which exists or would be required should the property upon which said sign is to be located were developed as per the requirements of this chapter.

(b) Each marina may have one freestanding sign not larger than 20 square feet in area located adjacent to the river or creek to which the marina is situate which sign may only identify the marina and the availability of fuel. Said sign shall be located to be visible to marine traffic on the river or creek passing the marina and may be located on land or dock or piers to height of no greater than 10 feet above mean high tide.

(12) Real estate advertising. Real estate offered for sale or rent, involving 10 acres or more or in excess of 10 dwelling units may have one sign along each arterial or collector road which the tract involved abuts, for each 100 feet of unbroken frontage with a maximum of two signs per site or location. Such sign shall not exceed 10 feet in height, shall be set back from street rights-of-way and driveways so as not to overhang or obstruct driver vision, shall not exceed an area of 32 square feet and shall be used only to display the development name, sales representative, location of sales office, telephone number, display or viewing schedule and artwork designed to demonstrate project layout, appearance or logo. Such sign(s) shall be removed after the sale of 90% of the lots or units or within one year, whichever occurs first. The Land Use Board may grant extensions upon submission of evidence sufficient to reasonably justify continuation of the sign permit.

(13) Construction site. Such use may have one sign dealing with construction on site, not larger than the equivalent of 5% of the area of the front wall of the building involved or 100 square feet, whichever is smaller. The sign shall not exceed 10 feet in height and shall be set back from all street rights-of-way and lot lines at least 40 feet. Said sign shall be removed prior to the issuance of a certificate of occupancy for the building or use under construction once it is established or completed.

(14) Retail use for new and used automobiles, farm equipment, recreational vehicles or boats, trucking terminals or similar uses. Each such use may have one freestanding sign for each 200 feet of unbroken frontage with a maximum of three signs per site. Such sign shall not exceed 60 feet in height, shall be set back from the street rights-of-way at least 30 feet, and from driveways at least 20 feet, shall be set back from any property line a minimum of 50 feet and shall not exceed an area of 200 square feet. In addition to said freestanding sign(s), the following attached signs are permitted:

(a) One sign displaying the name and insignia of the business or use attached against the front of the building used for sales office and/or showroom, not exceeding an area equivalent to 5% of the front facade of said building or 100 square feet, whichever is smaller.

(b) One attached sign not exceeding 20 square feet in area, which sign or signs identify specific areas or the structure(s) utilized for accessory uses, such as a garage, office, or service area. Said sigh(s) shall be located directly above or in close proximity to the entrance leading to said portion of the principal structure or accessory structure used for the specific use advertised.

(15) Home occupation and village commercial home occupation. A home or home professional occupation is permitted one sign illuminated or non-illuminated, with two square feet of display area per side for advertising or a maximum of four square feet of total advertising area. Said sign may be freestanding on a post or pole outside the street rights-of-way and the side yard setbacks for the zoning district within which it is located, or it may be attached to the front of the home or accessory structure wherein the home occupation is located. If illuminated, said illumination shall be designed to prevent a nuisance to adjoining properties or traffic along adjoining street rights-of-way. A village commercial home occupation is permitted one sign, illuminated or non-illuminated, with a total display area of 12 square feet, including both sides if doubled-faced. Said sign may be freestanding on a post or pole outside the street rights-of-way and the side yard setbacks for the zoning district within which it is located, or it may be attached to the front of the home or accessory structure wherein the home occupation is located. Said sign shall be located, constructed and placed so as to blend with its location and character of the village within which it is located. If illuminated, said illumination shall be designed to prevent a nuisance to adjoining properties or traffic along adjoining street rights-of-way. No other signs shall be permitted, including the posting or hanging of a sign, poster or other item intended to identify the property.

(16) Grand opening events.

(a) A new business, or other use celebrating its opening or reopening in the case of new, renovated or change of business activity, may temporarily display banners, pennants or flags on the primary building of the business involved or the property thereof provided that such banners, pennants or flags are not located in such a way as to obscure driver vision from adjoining roadways or driveways, impede access to the building, walkways or the site, or are displayed in such a way as to create a safety hazard. All banners, pennants or flags shall be securely attached or positioned in a fashion to provide clear access and not create safety hazards. Additionally, one temporary sign may be attached to said business' building or structure, or located as a freestanding sign of not more than 100 square feet in area or at a height greater than 30 feet, and which sign shall announce "Grand Opening" or other brief relevant notice.

(b) Freestanding signs shall not obscure driver vision from adjoining roads and driveways or impede access to the site, buildings or pedestrian ways. If said sign is attached to a structure, it shall not obscure or block doors, windows or other exits from said structure, and be securely attached to said building.

(c) All such signs, banners, pennants or flags placement shall require a sign permit and said permit shall allow such placement for a period of time not to exceed three weeks in duration. Only one such sign permit for such an opening or reopening shall be issued for any one business, development or use within any one calendar year unless said business, development or use has recently changed ownership, undergone a change of commercial activity or a major remodeling requiring site plan review or a new zoning permit.

(d) Inflatable, mechanized figures or special lighting equipment or devices shall require Land Use Board approval prior to issuance of a sign permit and will be subject to compliance with the Uniform Construction Code.[4]

[4] Editor's Note: See Ch. 131 of this Code.

(17) Other use. Whenever it is proposed to erect, construct or install a sign for a use or structure, as permitted under the provisions of this chapter, which said use does not generally approximate a use set forth in this section as to sign details or numbers permitted, the Zoning Officer may issue a sign or zoning permit for one sign not exceed 50 square feet in area which meets the maximum setback requirements for an accessory use in the zoning district in which the sign is to be located. Such sign shall not exceed a height of 40 feet. All other cases shall require review and approval by the Land Use Board.

E. Sign interpretation and measurement. For the purposes of determining the number of signs, a sign shall be considered to be a single surface or display device, containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is a reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The surface area of the sign shall be computed to include the entire area within a parallelogram, triangle, circle, semicircle or other geometric design comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members of freestanding signs shall not be included in computation of the sign surface area.

F. Temporary signs. Zoning or sign permits are required for temporary signs, except real estate signs as provided for in § 145-50A(4), and, when granted, shall authorize the erection of said signs and their maintenance for a period not to exceed 90 days in any one calendar year. When found reasonable, the Land Use Board may grant an extension for a temporary sign permit in accordance with the procedures for granting an area variance set forth in § 145-85 of this chapter. Temporary signs shall not exceed 32 square feet in area on one side. The advertisement contained on any temporary sign shall pertain only to the business or activity conducted or to be conducted on or within the premises on which such sign is or will be erected or maintained. A zoning or sign permit shall not be required for temporary signs of a civic, political or religious nature to be erected or placed by a nonprofit organization and which meets the standards of this section. Any temporary sign shall be removed within two calendar days from the expiration of the sign permit or upon the cessation of the activity or purpose for which a temporary sign permit was issued the sale of a property pending closing.

G. Sign maintenance.

(1) Signs must be maintained in good condition and must also not be allowed to deteriorate or become dilapidated. The Construction Official shall require proper maintenance of all signs and shall inspect every sign which requires issuance of a permit within 30 days after it is erected. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surface of all signs shall be kept neatly painted and posted at all times.

(2) The Construction Official or Zoning Officer shall notify, in writing, the owner of any sign which is in disrepair, of such state and directing that said sign be repaired. The owner of such sign shall correct such deficiency within period of time set forth in said notice. In the event that the owner fails to correct said deficiency or make required repairs, the Construction Official or Zoning Officer shall institute proceedings for compliance with said notice or the removal of the sign found in disrepair if so warranted.

H. Off-site signs. As of the effective date of this chapter, off-site commercial or private signs are prohibited except as expressly permitted as follows:

(1) Off-site signs, public information signs and control signals as specified in § 145-50A are permitted in all zoning districts.

(2) Off-site signs for direction to places of worship are permitted in all zoning districts as a conditional use.

(3) Temporary off-site signs for real estate sale, yard or garage sales, charitable organization/nonprofit activities, and seasonal agricultural stands are permitted in all zoning districts. These signs must be removed upon termination of the activity which they advertise and shall not be posted on trees, utility or light poles, fences, places where they would create problems for driver vision along roads and intersections, or which are threat or danger to persons or animals.

(4) For any existing off-site sign not in conformance with this chapter, conformance is required as per § 145-50C(5) of this chapter.

§ 145-51 Swimming pools.

The following standards and regulations shall apply to swimming pools:

A. Private swimming pools.

(1) Open pools in excess of 2 1/2 feet in depth are considered swimming pools and as structures for the purpose of permits and regulations of the Township ordinances. For the purpose of this chapter, swimming pools, exclusive of patio area, shall not be counted as impervious cover in computing lot coverage and shall not be located in any required front yard area.

(2) All open pools in excess of 2 1/2 feet shall be completely fenced with a minimum four-foot-high fencing with a self-latching gate.

(3) All swimming pools shall be at least 10 feet from any property line and shall be installed in accordance with the Uniform Construction Code.[1]

[Amended 7-19-2008 by Ord. No. 2008-501]

[1] Editor's Note: See Ch. 131 of this Code.

(4) All swimming pools shall drain in conformance to a system approved by the Health Code official and/or the Construction Code Official.

B. Semipublic and public swimming pools and swimming clubs. Semipublic and public swimming pools and swimming pool clubs operated on a nonprofit, annual membership basis shall be permitted as indicated on the Schedule of Zoning District Regulations, provided that:

(1) Proof is furnished to the Zoning Officer that the proposed use is a bona fide nonprofit activity, organized solely for the use and enjoyment of the membership.

(2) The parcel involved in the use shall contain at least three acres and shall have 200 feet of frontage on a public road or street.

(3) No more than a total of 40% of the lot shall be covered by structures, parking areas and the pool, together with its adjoining impervious surface areas.

(4) No part of the pool, its accompanying impervious surfaced areas or other supporting or accessory structures or activity areas shall be located within 75 feet of a property line, or less than 300 feet from the nearest dwelling.

(5) The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall be permitted subsequently without application to and approval of the Land Use Board.

(6) All pools shall be surrounded on all sides by a yard 25 feet in width, exclusive of parking area and accompanying impervious surface areas.

(7) All pools shall have permanent and direct access to a public street.

(8) All pools shall be surrounded by a fence at least six feet in height, the entrance to which shall be kept locked when an attendant is not present.

(9) All lot boundaries shall be screened in accordance with the provisions of § 145-72D of this chapter whenever in the opinion of the Land Use Board such screening is necessary to protect adjoining properties and uses from the nuisance effects of said swimming pool and/or accessory activities such as, but not limited to, noise, glare, or blowing debris.

(10) Adequate parking shall be provided in accordance with the provisions of § 145-47.