Any use not specifically listed as a permitted use or a conditional
use in a zoning district requires a use variance from the Zoning Board
of Adjustment. The following list is not intended to be all-inclusive:
A. Automotive salvage yards or outdoor storage of wrecked automobiles
or parts thereof.
B. Mobile homes and occupied residential vehicles, travel trailers and/or
boat trailers. Those parked or stored at private residences must be
off the public street. In no case shall they be hooked up to utility
service. However, notwithstanding the foregoing, in the event of a
fire or other casualty to a dwelling that renders such dwelling uninhabitable,
as so certified by the Port Republic Construction Official, a mobile
home complying with all of the requirements of the Uniform Construction
Code of the state of New Jersey may be located on the property until
the dwelling is reconstructed, but not for a period in excess of one
year, unless extended for up to six months additional by the Construction
Official. Any such mobile home shall comply with the applicable construction
permit requirements, including electrical and plumbing, and shall
be removed within 30 days of this issuance of a certificate of occupancy
or temporary certificate of occupancy for the dwelling. The fees chargeable
by the City of Port Republic for the above-referenced construction
permit requirements are hereby waived in their entirety.
[Amended 9-11-2007 by Ord. No. 08-2007; 11-18-2008 by Ord. No.
06-2008]
C. Boats occupied for more than 48 hours, and in no case shall they
be hooked up to permanent utility services.
D. Sanitary landfills or other similar waste disposal areas, except
for the existing City landfill.
E. The use of any mobile home, travel trailer, tractor trailer or similar
mobile unit used for the sale of goods therefrom while parked for
any period of time adjacent to any building.
F. The use of any mobile home, trailer, tractor trailer, travel trailer
or similar mobile unit for storage purposes for a period in excess
of one week while parked adjacent to any building.
G. Any temporary or permanent obstructions at intersections.
H. Any use which includes the manufacturing of acid, cement, lime, gypsum
or plaster of paris.
I. Any use which includes the manufacture or storage of explosives,
fat, fertilizer, gas, glue, PCB, asbestos, vinyl chloride or the reduction
of garbage or dead animals.
J. Any use which involves the smelting of tin, copper, zinc or iron
ores.
K. Any use which, by reason of emission of odor, dust, gas, smoke or
noise, is detrimental to the health, safety or general welfare of
the community.
L. Any uses which creates vibration or glare that goes beyond property
lines.
M. Storage of combustible materials for other than on-site use and/or
refining of combustible materials.
N. Campgrounds or campsites except in the Campgrounds District, the
PPA District and the PVR District.
[Amended 9-11-1990 by Ord. No. 08-1990]
O. Overnight on-street parking of any vehicle in any zone is prohibited.
P. Limitation on resource extraction in the Pinelands Area.
[Added 9-11-1990 by Ord. No. 08-1990]
(1) 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.
(2) 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.
Q. 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:
A. Such use shall not be extended or enlarged without conforming to
all regulations of the district in which it is located.
B. 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.
C. Whenever a nonconforming use is discontinued or changed to a conforming
use, it shall not thereafter be changed back to a nonconforming use.
D. 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.
[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:
A. The damage which requires the repair, restoration or replacement
has resulted from flood, windstorm or hurricane.
B. 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.
C. 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.
[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 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.
[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.
[Amended 6-10-1980; 4-12-1988 by Ord. No. 89-1988]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. The requirements for the preparation and contents of an environmental impact statement are set forth in §
160-91F.
[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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
[Added 9-11-1990 by Ord. No. 08-1990]
A. 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.
B. 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]
C. 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]
D. 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]
(1) The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
(2) The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
five years;
(3) 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
(4) 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.
E. 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]
(1) The applicant satisfies all of the requirements set forth in Subsection
D above;
(2) 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;
(3) 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;
(4) 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]
A. 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.
B. 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.
C. 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:
(1) No sign, except as expressly authorized by this section or by §
160-123, shall be maintained in connection with an accessory use; and
(2) 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.
D. 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]
A. Small wind energy systems.
(1) Wind turbines are permitted in all residential and agricultural and
preservation districts, subject to the following requirements:
(a)
Minimum lot size: one acre, provided the lot size conforms to
the height requirements below.
(b)
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.
(c)
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.
(2) Wind turbines shall be permitted in a nonresidential zoning district,
subject to the bulk requirements for that district and the following:
(a)
The maximum height for a wind turbine shall not exceed 200 feet,
including the height of the blades at their highest point.
(b)
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.
(c)
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.
(3) Noise. All wind energy systems shall comply with the following:
(a)
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.
(b)
In all other cases, at a common property line, sound levels
of the wind energy system shall not exceed 65 dBA.
(c)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(4) 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.
B. Solar energy systems.
(1) 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.
(2) Solar panels shall be permitted as ground arrays in accordance with
the following:
(a)
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.
(b)
Ground arrays shall not be permitted in a front yard setback
or in front of a house.
(c)
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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. Abandonment.
(1) 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.
(2) 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.
(3) 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.
(4) When an owner of a wind or solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the City may remove such system and place a lien upon
the property for the cost of the removal. If removed by the owner,
a demolition permit shall be obtained prior to the system being removed,
and the facility shall thereafter be removed. Upon removal, the site
shall be cleaned, restored and revegetated to blend with the existing
surrounding vegetation at the time of abandonment.