The title of the ordinance comprising this chapter shall be
“Regulation and restriction of the location, construction, size
and use of buildings and structures and the use of land in the Township
of Willingboro, in the County of Burlington, and for such purposes
dividing the Township into zones, establishing special provisions,
and providing for the administration and enforcement of the provisions
herein contained and fixing penalties for the violation thereof."
For the purpose of encouraging the most appropriate use of land
throughout the Township and to conserve the value of property, with
reasonable consideration for the character of the zone and its peculiar
suitability for particular uses, all in accordance with a comprehensive
plan designed to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding
of land, to avoid undue concentration of population, and to that end
to regulate the height, design, appearance, number of stories and
size of buildings and other structures; the percentage of the area
of the lot that may be occupied; the size of yards, courts, and other
open spaces; the density of population, and the location and use of
buildings, structures and land for trade, industry, residence or other
purposes; and the height, size, and location of these uses within
the limits of the Township, these regulations are hereby established
and shall hereafter apply.
A.
Intent. For the purposes of this chapter, all words used in the present
tense include the future tense. All words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the word indicates
otherwise. The term "shall" is mandatory and directory. The term "used"
includes the term "designed, intended, or arranged to be used."
B.
ACCESSORY BUILDING OR STRUCTURE
ALTERATIONS
AUCTION MARKET
AUTOMOBILE WRECKING
BANQUET FACILITY
BUFFER STRIP
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
BUILDING, PRINCIPAL
CELLAR and/or BASEMENT
CERTIFICATE OF OCCUPANCY
CHILD-CARE CENTER
(1)
(2)
CHURCH
CLUSTER DWELLING
CURB LEVEL
DWELLING, ONE-FAMILY
DWELLING UNIT
FAMILY
FENCE
FIRST FLOOR
FRONTAGE, REVERSE
GARAGE, PRIVATE
GOLF COURSE
GROSS HABITABLE FLOOR AREA
GROSS LAND AREA
HOME OCCUPATION
HOME PROFESSIONAL USES
JUNKYARD
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT WIDTH
MANUFACTURING
MOTOR VEHICLE SERVICE AND GASOLINE STATION
NET LAND AREA
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
OCCUPANCY
OPEN SPACE
PARKING SPACE
PLANNING BOARD
PORTABLE SWIMMING POOL
PRIVATE SWIMMING POOL
RESIDENTIAL DENSITY, GROSS
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT, FULL-SERVICE
SITE PLAN
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
SWIMMING CLUB, PRIVATE
SWIMMING POOL, PUBLIC
TOWNHOUSE COMPLEX
TOWNHOUSE DWELLING STRUCTURE
TOWNHOUSE DWELLING UNIT
TRAILER COACH
TRAILER COURT
USE
WADING POOL
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING BOARD
ZONING OFFICER
ZONING PERMIT
Meanings. Certain words and terms in this chapter are to be interpreted
as hereinafter defined:
[Amended 6-30-1992 by Ord. No. 1992-8; 9-2-1997 by Ord. No.
1997-6; 8-25-1998 by Ord. No. 1998-7]
A subordinate building or structure, the purpose of which
is customarily incidental to that of its principal use or building
and on the same lot. Where an accessory building is attached to the
side, rear or front of the principal building by a wall or roof, such
accessory building shall be considered part of the main building for
the purpose of determining the required dimensions of yards.
As applied to a building or a structure, a structural change
or rearrangement in the existing facilities or an enlargement, whether
by extension of a side or by increasing in height or by moving from
one location or position to another.
Premises on which are held at periodic times auction sales
of merchandise or any other personal property.
See definition of "junkyard."
Any establishment, however designated, regularly and principally
used for the purpose of providing meals for banquets and catered events,
having an adequate kitchen and facilities for the preparing, cooking
and serving of food for its patrons and in which alcoholic beverages
are sold for consumption on the premises in conjunction with a banquet
function or the serving of a full meal. Banquet facilities are permitted
only in the B-1 Primary Business District or as part of a regulation
eighteen-hole golf course and must provide seating for not less than
150 patrons.
A continuous strip of trees and/or shrubs not less than six
feet in height planted so as to restrict a clear view beyond the strip.
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars, and any unroofed platform, terrace or porch having a vertical
face higher than three feet above the level of the ground from which
the height of the structure is measured.
The aggregate of the area of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside building dimensions measured on
a horizontal plane at ground level.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof; to the
deckline of a mansard roof; and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building or any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface.
A structure constructed for and in which is conducted the
main or principal use of the lot on which the structure is situated.
Any floor, any portion of which is more than 24 inches below
the adjacent grade level.
A certificate issued by the Zoning Officer upon completion
of construction or alterations. The certificate shall be required
in all cases except where prior inspection has been made by the Federal
Housing Administration or the Veterans' Administration. The certificate
shall acknowledge compliance with all requirements of this chapter,
such adjustments thereto granted by the Board of Adjustment, and/or
all other applicable requirements.
An early childhood caregiving facility providing qualified
adult supervision for children ranging in age from infants to 13 years
of age for six or more children.
COMMERCIAL CHILD-CARE CENTERSChild care provided within a facility designed to function primarily for the provision of child care. Any child-care center which is not limited to the children of employees and/or members affiliated with the primary use on the lot shall be classified as a commercial child-care center.
ACCESSORY CHILD-CARE CENTERSChild care provided for children of employees and/or members only, affiliated with the primary use of the property, i.e., professional offices, commercial establishments, churches, etc. Accessory child-care centers are allowed as an accessory use, provided that the child-care facility is located within a building on a lot meeting all the design requirements of the zoning district, and the accessory child-care center facility meets the requirements established for accessory child-care centers.
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship. For the purpose
of this chapter, the word "church" shall include chapels, congregations,
cathedrals, temples and similar designations, as well as parish houses,
convents and similar places of residences for members of the clergy
and religious orders.
One of a series of detached one-family dwelling units in which all plotted lots may be reduced in size and lot width and which may be grouped or clustered together in a compact service area separated by open space areas which may be dedicated to the Township for public use or held for private recreation purposes as outlined in Article VIII, R-2 Residential District, of this chapter.
The officially established grade of the curb in front of
the midpoint of the lot.
A detached building and dwelling unit designed for and occupied
by one family.
One or more rooms providing living facilities for one family,
including sanitary equipment and provisions for the same.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a stable and
permanent living unit, being a traditional family unit or the functional
equivalent thereof.
Any wall, barrier, fence or structure (not including freestanding
plants, trees or buildings) which encloses any part of a lot or which
divides or separates any lot or part thereof from any part of such
lot or from any adjacent private or public property, excepting ornamental
corner fences of not more than two sides, no one side of which is
longer than 10 feet or higher than three feet.
Any floor, any portion of which is 24 inches or less below
the adjacent grade level.
The rear or reverse portion of a lot abutting a major street
or parkway.
An attached building used as an accessory to the main building
which provides for the storage of motor vehicles.
An area of 50 or more contiguous acres containing full-size
golf link, at least nine holes totalling a minimum of 2,700 yards
from tee to green, together with such necessary and usual accessory
uses as a clubhouse, caretakers' dwellings, dining and refreshment
facilities and other such uses, provided that the operation of such
facilities is incidental and subordinate to the operation of the golf
course.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy, not
to include garages or accessory building space. The areas shall be
measured between the inside face of the exterior walls, or from the
center line of walls separating two dwelling units, and shall be above
the grade level of the adjoining ground on at least two sides.
The total land area of a tract, exclusive of area which is
required to be dedicated for the purpose of widening the right-of-way
of existing adjacent public streets.
Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is secondary to the use of the dwelling for dwelling purposes and which does not change the character of the structure or in any way create an external nuisance from traffic, parking, sound or odor (subject to the provisions as outlined in § 370-89 of this chapter).
A professional person practicing the person's profession
at home.
Any area and/or structure used or intended to be used for
the conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, cordage or any
used or disabled fixtures, vehicles or equipment of any kind.
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or by the latest approved
map of a subdivision of which the parcel is a part.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a street right-of-way shall
not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which may be devoted to building
area.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
That boundary of a lot which is along an existing, platted
or dedicated street. In the case of corner lots, the smaller of the
two street lot lines shall be considered as the frontage.
The horizontal distance between the side lot lines measured
at right angles to the depth and at a point coincidental with the
building line.
The treatment or processing of raw products, and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
A public facility, which is neither coin-operated nor of
the self-service type, operated for the purpose of making a profit
and the principal purpose of which is the supplying of gasoline, oil,
or other fuel for the propulsion of automobiles or other vehicles,
and which, in addition, may be used for the equipping, adjusting,
greasing, washing, polishing, or other cleaning and servicing of automobiles
or other motor vehicles and the performance of repair work thereon
(which shall be done indoors).
The gross land area of a tract, exclusive of land in a floodplain,
swamp areas, or land of greater than 15% slope.
A building which, in its design or location upon a lot, does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot of record existing at the date of the passage of any
zoning ordinance which does not have the minimum width or contain
the minimum area prescribed by such ordinance for the zone in which
it is located.
Use of a building or of land that does not conform to the
regulations of the zone in which it is located.
The specific purpose for which land or a building is used,
designed or maintained.
An unoccupied space open to the sky on the same lot with
a principal and/or accessory building.
An off-street space available for the parking of a motor
vehicle and which in this chapter is held to be an area 10 feet wide
and 20 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
The Planning Board of the Township of Willingboro.
Includes any private swimming pool of a type entirely above
ground surface, with not more than 100 cubic feet of capacity, not
stationary or fixed, and capable of being moved or removed for storage
at will.[1]
Includes any pool of water designed to be used or in fact
utilized for swimming purposes by an individual for use by his household
and guests without fees and located on property owned, leased or otherwise
used and maintained by the owner of the swimming pool. It shall further
mean and include fill and draw, flow-through and recirculation pools
which are artificially constructed to provide recreational facilities
for swimming, bathing or wading and all buildings, equipment and appurtenances
thereto. It shall not include natural outdoor ponds, rivers or lakes,
or baths used for cleansing of the body or practice of the healing
arts.[2]
The total number of dwelling units which may be or are developed
on an area of land, before requirements for public access and required
open space are provided.
Any establishment, however designated, at which food is sold
for consumption on the premises, but normally to patrons seated within
an enclosed building. However, a snack bar at a public or a community
playground, playfield, park or swimming pool operated solely by the
agency or group operating the recreational facilities and for the
convenience of patrons of the facility shall not be deemed to be a
restaurant.
An establishment where patrons are served food, soft drinks,
ice cream, and similar confections for principal consumption outside
the confines of the principal building or in automobiles parked upon
the premises, regardless of whether or not, in addition thereto, seats
or other accommodations are provided for the patrons.
Any establishment, however designated, regularly and principally
used for the purpose of providing meals to the public, having an adequate
kitchen and dining room equipped for the preparing, cooking and serving
of food for its customers and in which alcoholic beverages are sold
for consumption on the premises. A full-service restaurant is distinguished
from any other type of restaurant by the sale of alcoholic beverages.
Full-service restaurants are permitted only in the B-1 Primary Business
District and must provide full meal service and seating for not less
than 150 patrons, with at least 80% of the seating at tables.
A plan of a lot or subdivision or other parcels of land on
which is shown topography, location of all buildings, structures,
roads, rights-of-way, boundaries, all essential dimensions and bearings,
and any other information deemed necessary by the Planning Board in
unusual or special cases.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A cellar
shall also be included as a half story.
A public thoroughfare which has been dedicated or deeded
to the public for public use, which has been improved in accordance
with municipal standards.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
A combination of materials to form a construction that is
stable and includes, among other things, stadiums, platforms, radio
towers, sheds, storage bins, fences and display signs.
A privately owned swimming pool open to the general public
on an admission or membership basis, having appropriate dressing room
facilities, recreation facilities, and off-street parking areas.[3]
A pool open to the general public and having appropriate
dressing room facilities, recreational facilities, and off-street
parking areas.
An integrated scheme of townhouse dwelling structures and
common tracts or facilities.
A structure containing two or more townhouse dwelling units.
One of a series of single-family dwelling unit(s) which may
be attached by a common wall between it and the adjacent units, together
with individual rear and/or front yards designed as an integral part
of each unit, and having been constructed in conformity with an approved
site and design plan.
A vehicle used or so constructed as to permit its being used
as a licensed conveyance upon the public streets or highways and constructed
in such a manner as will permit its occupancy as a place of day-to-day
habitation for one or more persons. This term shall also include automobile
trailers, mobile homes, house trailers, trailer coaches and travel
trailers.
Land and premises upon which two or more trailer coaches
occupied for dwelling or sleeping purposes are located. This term
shall include trailer coach parks and courts.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Any artificially constructed pool intended for use by children,
not designed or used for swimming, with a minimum area of 120 square
feet and a maximum water depth of 18 inches.
Any open space unoccupied by structures or buildings on the
same lot with the principal building, extending the full width of
the lot and situated between the front lot line and the front line
of the building projected to the side lot lines of that lot. Setback
lines shall be synonymous with the rear limits of the required front
yard area.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of any building
or part thereof on the same lot. The depth of a rear yard shall be
measured at right angles to the rear line of the lot, or, if the lot
is not rectangular, then in the general direction of its side building
lines. In the case of reverse frontage lots, the buffer easement shall
not be considered to be part of the rear yard. On corner lots, the
rear yard shall not include any areas beyond the sidewall (as extended)
of the house nearest to the public street.
An open space unoccupied by structures or buildings between
the sideline of the lot and the nearest line to the building and extending
from the front yard to the rear yard or, in the absence of either
side yard, to the street or real lot lines, as the case may be. The
width of a side yard shall be measured at right angles to the sideline
of the lot.
The officially established Zoning Board of Adjustment of
the Township of Willingboro.
The officially established Zoning Officer of the Township
of Willingboro.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
located or is to be located.
