Township of Willingboro, NJ
Burlington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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. 
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]
ACCESSORY BUILDING OR STRUCTURE
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.
ALTERATIONS
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.
AUCTION MARKET
Premises on which are held at periodic times auction sales of merchandise or any other personal property.
AUTOMOBILE WRECKING
See definition of "junkyard."
BANQUET FACILITY
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.
BUFFER STRIP
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.
BUILDING
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.
BUILDING AREA
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.
BUILDING HEIGHT
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.
BUILDING LINE
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.
BUILDING, PRINCIPAL
A structure constructed for and in which is conducted the main or principal use of the lot on which the structure is situated.
CELLAR and/or BASEMENT
Any floor, any portion of which is more than 24 inches below the adjacent grade level.
CERTIFICATE OF OCCUPANCY
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.
CHILD-CARE CENTER
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.
(1) 
Child 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.
(2) 
Child 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.
CHURCH
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.
CLUSTER DWELLING
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.
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the lot.
DWELLING, ONE-FAMILY
A detached building and dwelling unit designed for and occupied by one family.
DWELLING UNIT
One or more rooms providing living facilities for one family, including sanitary equipment and provisions for the same.
FAMILY
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.
FENCE
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.
FIRST FLOOR
Any floor, any portion of which is 24 inches or less below the adjacent grade level.
FRONTAGE, REVERSE
The rear or reverse portion of a lot abutting a major street or parkway.
GARAGE, PRIVATE
An attached building used as an accessory to the main building which provides for the storage of motor vehicles.
GOLF COURSE
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.
GROSS HABITABLE FLOOR AREA
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.
GROSS LAND AREA
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.
HOME OCCUPATION
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).
HOME PROFESSIONAL USES
A professional person practicing the person's profession at home.
JUNKYARD
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.
LOT
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.
LOT AREA
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.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE
That percentage of the lot area which may be devoted to building area.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.
LOT FRONTAGE
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.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to the depth and at a point coincidental with the building line.
MANUFACTURING
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.
MOTOR VEHICLE SERVICE AND GASOLINE STATION
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).
NET LAND AREA
The gross land area of a tract, exclusive of land in a floodplain, swamp areas, or land of greater than 15% slope.
NONCONFORMING BUILDING
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.
NONCONFORMING LOT
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.
NONCONFORMING USE
Use of a building or of land that does not conform to the regulations of the zone in which it is located.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OPEN SPACE
An unoccupied space open to the sky on the same lot with a principal and/or accessory building.
PARKING SPACE
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.
PLANNING BOARD
The Planning Board of the Township of Willingboro.
PORTABLE SWIMMING POOL
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]
PRIVATE SWIMMING POOL
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]
RESIDENTIAL DENSITY, GROSS
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.
RESTAURANT
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.
RESTAURANT, DRIVE-IN
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.
RESTAURANT, FULL-SERVICE
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.
SITE PLAN
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.
STORY
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.
STORY, HALF
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.
STREET
A public thoroughfare which has been dedicated or deeded to the public for public use, which has been improved in accordance with municipal standards.
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
STRUCTURE
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.
SWIMMING CLUB, PRIVATE
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]
SWIMMING POOL, PUBLIC
A pool open to the general public and having appropriate dressing room facilities, recreational facilities, and off-street parking areas.
TOWNHOUSE COMPLEX
An integrated scheme of townhouse dwelling structures and common tracts or facilities.
TOWNHOUSE DWELLING STRUCTURE
A structure containing two or more townhouse dwelling units.
TOWNHOUSE DWELLING UNIT
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.
TRAILER COACH
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.
TRAILER COURT
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.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
WADING POOL
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.
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.
ZONING BOARD
The officially established Zoning Board of Adjustment of the Township of Willingboro.
ZONING OFFICER
The officially established Zoning Officer of the Township of Willingboro.
ZONING PERMIT
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The original definition of "swimming pool, private," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).