Article III Regulations Applicable in All Districts

Except as expressly authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.

§ 160-8 Nonconforming uses and structures.

No resource extraction operations shall be permitted in the Pinelands Preservation Area District other than those operations which were registered with the Pinelands Commission on or before January 21, 1981 and received all necessary development permits for resource extraction on or before December 31, 1985. In such cases, the area of extraction is limited to the value given under the category "acreage to be mined" on the mine registration application submitted to the Department of Labor and Industry as of February 7, 1979, or that area approved by a valid municipal permit as of February 7, 1979 in the case of an operation exempted from registration with the Department of Labor and Industry.

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.

[Added 6-15-2021 by Ord. No. 03-2021]

The otherwise lawful use of a building or land existing at the time of the adoption of this chapter may be continued although such use does not conform to the provisions of this chapter, provided that:

Such use shall not be extended or enlarged without conforming to all regulations of the district in which it is located.

The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire tract or lot.

Whenever a nonconforming use is discontinued or changed to a conforming use, it shall not thereafter be changed back to a nonconforming use.

If a nonconforming use or structure ceases operations for a period of more than one year, such use will be considered abandoned, and any subsequent use shall conform to the regulations of the district in which it is located.

§ 160-8.1 Repair, restoration or replacement of nonconforming structures.

[Added 9-10-2013 by Ord. No. 05-2013]

In the Rural Residential Zoning District any existing single-family residential structure may be repaired, restored or replaced notwithstanding its status as a nonconforming structure or its location on a nonconforming lot provided that:

The damage which requires the repair, restoration or replacement has resulted from flood, windstorm or hurricane.

The repair, restoration or replacement must maintain the same setbacks of the original structure and the size of the structure may not be increased from what previously existed prior to the damage.

The structure may not be relocated unless the relocation of the structure on the lot brings it into conformity or at least increased conformity with the district bulk requirements.

§ 160-8.2 Exemption of floodproofing renovations.

[Added 9-10-2013 by Ord. No. 05-2013]

For the purpose of floodproofing renovations, the finished floor elevation of any existing residential structure may be increased to current requirements of the Port Republic Flood Prevention Ordinance[1] without variance relief and such increased elevation shall be deemed a permitted height. With respect to existing nonconforming residential structures which are being repaired, restored or replaced as permitted by § 160-8.1, alterations intended solely to conform with the minimum finished floor elevation requirements of the Flood Prevention Ordinance shall not be considered as an expansion of a nonconforming use or structure and shall be permitted without variance relief.

[1]

Editor's Note: See Ch. 139, Flood Damage Prevention.

§ 160-9 Unsafe conditions.

[Amended 4-13-1982 by Ord. No. 20-1982]

If the Construction Official, upon inspection, determines that an unsafe condition exists with respect to building soundness, fence or wall soundness or sign soundness, he shall notify the owner of his findings and state his reasons and order the condition repaired, or in the case of signs and fences, removed, within a reasonable time period.

§ 160-10 Applicability; compliance; existing uses rendered nonconforming.

The regulations established by this chapter shall be held to be the minimum requirements and shall apply uniformly to each class or kind of structure or land. It is not the intention of this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction with regard to use, height or open space, the provisions of this chapter shall govern.

Use of land, construction of buildings. On and after the effective date of this chapter, no land or building shall be used, constructed, located, altered, rebuilt or enlarged for any purpose within the City of Port Republic except in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter.

Existing uses and structures. In all districts, after the effective date of this chapter, any existing building or structure and all tracts of land, the use of which is not in conformity with the regulations for the district in which it is located, shall be deemed as nonconforming and subject to the appropriate regulations of this chapter governing such nonconforming lots, uses and structures.

§ 160-11 Environmental impact statement.

[Amended 6-10-1980; 4-12-1988 by Ord. No. 89-1988]

An environmental impact statement (EIS) shall be required as a part of a developer's application for site plan, major subdivision, planned development, nonresidential developments seeking a variance pursuant to N.J.S.A. 40:55D-70d or any application for development located in the Rural Residential-Environmental Limitations District or the Conservation-Recreation District or which contains any wetlands within the site or has wetlands within 150 feet of the perimeter of the site.

An environmental impact statement is intended to provide the reviewing board with information necessary to preserve the environment and to assure the orderly growth and development of the City. A properly prepared and documented environmental impact statement is necessary in order to promote land uses which protect the public health, safety and welfare, protect public and private property and ensure that development is consistently compatible with the natural laws governing the physical, chemical and ecological environment of the City.

The reviewing board, in acting upon an application requiring an environmental impact statement, shall have the power to grant such waivers as may be reasonable and within the purpose and intent of the provisions of this article. Specific elements may be waived if unnecessary, impractical or if they would result in an undue hardship because of peculiar conditions pertaining to the land in question. No such waiver, either of the environmental impact statement or elements thereof, shall be granted unless the applicant shall submit a written request outlining the basis and support for such request.

When applications for preliminary and final approval are submitted separately, an environmental impact statement will be required at the time of application for final approval, unless an environmental impact statement was submitted at the time of preliminary approval and the applicant can demonstrate that the various elements of the initial report remain substantially accurate and that there have been no appreciable changes in conditions. A request for a waiver pursuant to this section must be submitted.

When required, the environmental impact statement is an essential and integral part of the application, and if the environmental impact statement fails to meet the requirements of this chapter or if it is lacking in sufficient detail, then the application will be deemed incomplete. Even though initially deemed complete, the reviewing board may subsequently require correction of any information found to be in error and submission of additional information not specifically required under this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.

The requirements for the preparation and contents of an environmental impact statement are set forth in § 160-91F.

§ 160-12 Keeping of horses or ponies for personal use.

The keeping of horses or ponies is permitted in all zoning districts, subject to the provisions of Article II and the following standards:

[Amended 9-11-1990 by Ord. No. 08-1990]

Not more than one horse or pony can be kept on a lot of at least one acre, provided that it is enclosed in a pen or corral containing at least 800 square feet, including a stable under a roof of at least 100 square feet, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines, or 10 feet to the adjacent property lines with proper screening, or 50 feet to any neighboring dwelling.

Not more than two horses or ponies may be kept on a lot of at least 1 1/2 acres, provided that they are enclosed in a pen or corral containing at least 800 square feet per animal, including a stable under a roof of at least 100 square feet per animal, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines with proper screening or 50 feet to any neighboring dwelling.

Not more than three horses or ponies may be kept on a lot of at least two acres, provided that they are enclosed in a pen or corral containing 800 square feet for the first horse or pony and 400 square feet for each additional horse or pony, including a stable under a roof containing at least 100 square feet per animal, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines, or 10 feet to the adjacent property lines with proper screening, or 50 feet to any neighboring dwelling.

§ 160-13 Zoning Map; district boundaries.

The widths of alleys, streets, rights-of-way or other public rights-of-way may be used in establishing the twenty-foot restraining distance to the adjacent property lines, or 10 feet to the adjacent property lines with proper screening, or 50 feet to any neighboring dwelling.

(5)

Not more than three horses shall be kept on any parcel of land except in the Agricultural-Residential District.

A "stable" is defined as a structure on a tract for housing horses or ponies and products used for the keeping and handling of horses and ponies. No structure housing horses or ponies shall be located nearer than 20 feet to any adjacent property line, or 10 feet to any adjacent property lines with property screening, or 50 feet to any neighboring dwelling.

Stables must be built so as not to create offensive odors, fly-breeding or other nuisances.

Manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly-breeding or other nuisances.

All areas within the boundaries of the City of Port Republic have been assigned to a zoning district. Zoning district boundaries established by this chapter are shown upon the Zoning Districts Map (prepared by R.E. Hughey and Associates), as amended by the Pinelands Area Zoning Districts Map, dated June 1988, which, together with all explanatory matter thereon, is declared to be a part of this chapter.[1]

[Amended 4-10-1979; 9-11-1990 by Ord. No. 08-1990]

[1]

Editor's Note: The Zoning Map is on file in the City offices.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, which is made a part of this chapter, the following rules shall apply:

Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways or such lines extended.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the rear lines or sidelines, and where the districts designated on the Zoning Map are bounded approximately by the rear lines or sidelines, the rear lines or sidelines shall be construed to be the boundaries of this district unless the boundaries are otherwise indicated on the Zoning Map.

§ 160-14 Temporary occupancy of mobile homes or travel trailers.

In the event of subdivided property or question as to the exact location of any boundary line, the determination of the Planning Board shall prevail.[2]

[2]

Editor's Note: Original § 54-13.1, Regulation of historic districts and sites, added 11-14-1989 by Ord. No. 110-1989, which immediately followed this section, was repealed 10-8-1991 by Ord. No. 06-1991.

[Added 10-8-1996 by Ord. No. 07-1996]

Notwithstanding the provisions of § 160-7, Prohibited uses, a mobile home or travel trailer not meeting the requirements of a manufactured home, as set forth in N.J.S.A. 40:55D-102, may be occupied for residential purposes on a temporary basis upon the issuance of a temporary housing permit as provided in this section.

In the event of a fire, flood or other casualty to an existing residential structure which renders it uninhabitable by the occupants, a mobile home or travel trailer may be occupied for a period not in excess of one year while the residential structure is repaired, rebuilt or replaced. The Construction Official may extend such period for not more than six additional months if the repair, rebuilding or replacing of the residential structure is delayed for reasons beyond the reasonable control of the property owner.

The Construction Official must inspect the mobile home or travel trailer and determine it to be suitable for habitation, including the provision of an adequate supply of potable water and sanitary sewerage disposal in conformance with all applicable requirements.

The mobile home or travel trailer is limited, shall be located on the site in compliance with the setback and other bulk requirements of the zoning district and must be adequately supported and/or anchored in conformance with all applicable standards, including the manufacturer's specifications. Only one mobile home or travel trailer may be permitted under this section.

Occupancy of the mobile home or travel trailer is limited to the period during which the residential structure is not habitable, and such occupancy shall cease and any utility service shall be disconnected prior to the issuance of a permanent certificate of occupancy for the repaired, rebuilt or replaced residential structure.

Prior to occupancy of the mobile home or travel trailer under this section, application must be made to the City, and a temporary housing permit from the Construction Official must be received. The fee for such permit shall be established by the City Council.

§ 160-15 Pinelands Area.

[Added 9-11-1990 by Ord. No. 08-1990]

General provisions. All development within the Pinelands Area shall comply with the standards set forth in this section and Article XIII as well as all other regulations of this chapter. In the event of a conflict between any Citywide provisions and the Pinelands Area provisions of this section and Articles XIII and XIV, the Pinelands Area provisions shall control in the Pinelands Area.

Principal use. Within the Pinelands Area, no more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management, and recreation development on agricultural lands.

[Added 2-12-2019 by Ord. No. 01-2019]

Height limitation. In the Pinelands Area, no structure, including radio and television transmission and other communications facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet. This height limitation shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the standards of § 160-134: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flagpoles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. This height limitation shall also not apply to the antenna and any supporting structure of a local communications facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

[Amended 3-11-1997 by Ord. No. 02-1997]

Cultural housing. Residential dwellings on three-and-two-tenths-acre lots may be permitted in the PPA and PVA Districts, provided that:

[Amended 3-11-1997 by Ord. No. 02-1997]

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

The parcel of land on which the dwelling is to be located has been in the continuous ownership, since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and

The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years, and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

Additional provisions for cultural housing. Residential dwelling units on one-acre lots may be permitted in the PPA and PVA Districts, provided that:

[Added 3-8-1994 by Ord. No. 02-1994]

The applicant satisfies all of the requirements set forth in Subsection D above;

The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;

The applicant qualifies for and receives from the City a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection D above;

§ 160-16 Small wind energy systems and solar energy systems.

The applicant purchases and redeems 0.25 Pinelands development credits; and

(5)

Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 160-152A(3) of this chapter.

[Added 6-15-2010 by Ord. No. 08-2010]

All small wind energy systems and solar energy systems are pe rmitted accessory structures and uses within all zoning districts of the City of Port Republic in connection with any principal use lawfully existing within such district. Any question of whether a particular use is permitted as an accessory use by the provisions of this section shall be determined by the Zoning Officer.

No small wind energy system or solar energy system shall be established or constructed unless a zoning permit evidencing the compliance of such use or structure with the provisions of this section shall have first been issued. The exception to this provision is any structure or use requiring site plan approval.

In addition to all of the use limitations applicable in the district in which a small wind energy system or solar energy system is located, no such system shall be permitted unless it complies with the following restrictions:

No sign, except as expressly authorized by this section or by § 160-123, shall be maintained in connection with an accessory use; and

§ 160-17 Development requirements for small wind energy systems and solar energy systems.

No small wind energy system or solar energy system shall be constructed or established on any lot prior to the time of the substantial completion of the principal structure to which it is accessory. Agricultural uses are exempt from this provision.

Wind and solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and Construction Office prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this subsection. In the event that the Zoning Officer or Construction Office does not believe the provisions of this subsection will be satisfied, an applicant may request a variance from the City of Port Republic Planning Board.

[Added 6-15-2010 by Ord. No. 08-2010]

Small wind energy systems.

Wind turbines are permitted in all residential and agricultural and preservation districts, subject to the following requirements:

Minimum lot size: one acre, provided the lot size conforms to the height requirements below.

Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure, including the blades.

Wind turbines shall not be permitted in a front yard setback or in front of any house.

(d)

Maximum height. Freestanding wind turbines shall not exceed a height of 80 feet on lots between one acre and five acres. On lots of more than five acres, a maximum height of 200 feet is permitted. The maximum height shall include the height of the blades at their highest point.

(e)

No more than one wind turbine shall be permitted per property.

(f)

Wind turbines shall not be permitted as a rooftop installation.

(g)

Wind turbines on residential properties shall have a nameplate capacity of 10 kilowatts or less.

Wind turbines shall be permitted in a nonresidential zoning district, subject to the bulk requirements for that district and the following:

The maximum height for a wind turbine shall not exceed 200 feet, including the height of the blades at their highest point.

Minimum setbacks. All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure, including the blades.

Wind turbines shall not be permitted in a front yard.

(d)

No more than one wind turbine shall be permitted per property.

(e)

Wind turbines shall not be permitted as a rooftop installation.

Noise. All wind energy systems shall comply with the following:

Between a residential use or zone, sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.

In all other cases, at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.

These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.

Wind turbines shall be designed with an automatic brake or other similar device to prevent overspeeding and excessive pressure on the tower structure.

(5)

Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

(6)

All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

(7)

The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower for a minimum height of eight feet above the ground.

(8)

All moving parts of the wind energy system shall be a minimum of 10 feet above ground level.

(9)

The blades on the wind energy system shall be constructed of a corrosion-resistant material.

(10)

All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.

Solar energy systems.

Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of eight inches from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, greater than what is permitted in the zoning district in which they are located for the principal building.

Solar panels shall be permitted as ground arrays in accordance with the following:

All ground arrays shall be set back a distance of at least 50 feet front, 20 feet side and 20 feet rear from all property lines in a residential zoning district or in conformance with the bulk standards for accessory structures in commercial districts as provided herein.

Ground arrays shall not be permitted in a front yard setback or in front of a house.

Ground arrays shall be located so that any glare is directed away from an adjoining property that contains either a residential or nonresidential structure. If the ground arrays cannot be situated in such a way to avoid any glare on an adjoining property which contains either a residential or nonresidential structure, then the applicant shall be required to install screening along the property line to the satisfaction of the Zoning Officer.

(d)

Ground arrays shall not exceed a height of 15 feet.

(e)

Ground arrays shall be structures included in the calculation of lot coverage. The lot coverage, including ground arrays, shall not exceed the permitted lot coverage within a zoning district.

Wind and solar energy systems shall not be used for displaying any advertisement except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line or a public right-of-way.

The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

All applications for a wind or solar energy system shall conform to all applicable regulations with respect to tree removal. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.

The installation of a wind or solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.

The installation of a wind or solar energy system is subject to all Atlantic City Electric Company requirements or the requirements of any other entity supplying power to the area for interconnection.

The provisions of Article V, Zoning District Regulations, shall not apply to wind and solar energy systems with regard to height. Wind and solar energy systems shall conform to the height restrictions provided in this section.

Abandonment.

A small wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives a notice of abandonment from the City of Port Republic. If the system is not removed within six months of receipt of notice from the City notifying the owner of such abandonment, the City may remove the system as set forth below.