Article XI General Zoning Regulations

Except as provided in Subsection B(2) and (3) below, a land area or structure devoted to a use not permitted by this chapter in the district in which it is located shall not be enlarged, extended, constructed, reconstructed or structurally altered in any way unless the work is required for normal maintenance or to prevent injury.

Any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Article VIII, may be expanded or altered, provided that:

The use was not abandoned or terminated subsequent to January 14, 1981;

The expansion or alteration of the use is in accordance with all of the minimum standards of Article VIII; and

The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

Any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than those uses which are expressly limited in Article VIII, may be changed to another use, provided that:

The use was not abandoned or terminated subsequent to January 14, 1981;

The new use is in accordance with all of the minimum standards of Article VIII, including § 115-53B(4), unless a new septic system permit will not be required as a result of the change in use, in which case the standards of § 115-53A(2) and (3) must be met; and

The area, capacity and intensity of the new use is comparable to that of the existing use.

Any nonconforming use existing within a structure may be changed to a conforming use.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which said structure is located, and the nonconforming use shall not thereafter be resumed.

Lots.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirement of the Official Map or Master Plan of the Township, the Construction Official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Except as provided in Subsection E(1) heretofore, any existing lot on which a building or structure is located and which lot does not meet the minimum lot size or a structure which violates any yard requirements may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:

The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question.

The total permitted building coverage is not exceeded.

The accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking.

Any vacant lot existing as a conforming residential lot at the time of the passage of this chapter whose area or dimensions do not meet the requirements of the district on which the lot is located may have a construction permit issued for a single-family detached dwelling and its permitted accessory uses without an appeal for variance relief, provided that single-family detached dwellings are a permitted use in that district, the building coverage limit is not exceeded, parking requirements are met and the yard and height provisions are reduced by the same percentage that the area of such lots bears to the zone district requirements, except that no side yard shall be less than either 10 feet or half that required by this chapter, whichever is greater. Additionally, no building shall be set back less than 30 feet from the street right-of-way, and no building shall be required to have a height less than 12 feet and one story. In the Pinelands Area, the standards set forth in § 115-126 of this chapter must also be met.

[Amended 6-23-1997 by Ord. No. 13-1997]

Abandonment.

[Added 10-4-2004 by Ord. No. 12-2004]

Any nonconforming use that is ceased or stopped for a period over six months by an apparent act or failure by the owner, tenant or occupant or has had the physical operation of the business or use ceased for over six months shall be presumed to be abandoned. The presumption is a rebuttable presumption.

[Amended 3-22-2010 by Ord. No. 3-2010]

Such nonconforming use shall not thereafter be continued or reinstated nor shall the structure be occupied except in conformity with this chapter and the permitted zoning use.

Abandonment of business, commercial and other uses. Any business, use, activity, or operation in any building or structure (except farm stands related to an existing farm operation) which has ceased for over a period of six months shall be deemed to have been abandoned. Intent to resume the previous business, use or operation after cessation shall not confer the right to do so. The reestablishment of any business after abandonment shall have to conform to all of the provisions of the Buena Vista ordinances and zoning ordinances. This shall include obtaining Township site plan approval or other appropriate approval.

[Added 10-4-2004 by Ord. No. 12-2004]

§ 115-96 Conversions.

In districts where authorized, the owner of any dwelling having four or more bedrooms which is in conformity with the regulations of the district in which it is located may convert such dwelling into two or more one-family dwelling units, but only upon compliance with the following terms and conditions:

There shall be no more than one dwelling unit resulting from the conversion for every two acres of land contained in the involved lot.

Each dwelling unit resulting from a conversion shall contain at least two rooms in addition to a bathroom and kitchen and shall encompass 400 square feet of net floor area.

Each room resulting from such conversion shall be of reasonable size for the use intended and shall have adequate light and air from the outside.

Each dwelling unit resulting from such conversion shall have safe, adequate and convenient means of access and egress which complies with the requirements of the New Jersey Tenement Act.

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

No such conversion shall take place and no construction work for that purpose shall be undertaken or permit issued therefor, unless and until complete plans (drawn to scale) and specifications for the conversion shall have been submitted to and approved by the municipal agency as being in conformity with the terms and conditions of this section.

§ 115-97 Driveway standards.

Any driveway providing access from a public street or way to any permitted use or structure shall comply with the following requirements:

Driveways shall enter the street or road right-of-way at an angle between 75° and 105°.

The portion of the roadway lying between the right-of-way line of the street and the driveway shall be suitably paved by the owner at the owner's expense as a driveway extension.

Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer. Where curbing does not exist and conditions warrant, an adequate drainage plan shall be provided for review, and required work shall be completed by the owner at the owner's expense prior to the issuance of a building permit on the abutting lot.

Driveway grades shall not exceed 10%.

Driveway widths at the street right-of-way line shall be a minimum of 40 feet and a maximum of 50 feet in connection with commercial and industrial uses; and a minimum of 15 feet and a maximum of 25 feet in connection with residential uses.

Pavement requirements for all site plan applications of a commercial nature must meet the roadway construction requirements of the Township.

§ 115-98 Dumping.

No garbage, rubbish, refuse, tree limbs or roots or any other waste material shall be dumped, pumped or deposited in any district except for storage or processing of vegetative wastes as part of an approved agricultural practice.

§ 115-99 Fences.

[Amended 7-27-2009 by Ord. No. 5-2009]

In any zoning district, fences may be located within the required yard areas as long as they do not encroach on public rights-of-way or neighboring properties and comply with the following:

In any district, nothing shall be erected, placed or allowed to grow in a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center line of grade of abutting streets as stipulated in the sight-triangle requirement contained in § 115-31B(10).

Except as specified in Subsection A above, open fences not exceeding four feet in height may be erected in required front yard areas in any residence district.

Fences not exceeding six feet in height may be erected in required side and rear yard areas in any residence district.

Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section, provided that they are not located within any required yard area.

Protective barriers or fencing shall comply with § 115-107 and the provisions of the New Jersey Uniform Construction Code.

In any business or industrial zone, open wire fences not exceeding eight feet in height may be erected in required rear or side yard areas and behind the building setback line.

On park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected in required rear or side yard areas and beyond the building setback line.

Earthen berms, walls, stumps, brush, leaves, felled timber, concrete, sand, stone, masonry, wood, metal, plastic or other construction debris piles situated to act, function or resemble a fence are prohibited in Buena Vista Township.

Construction standards. All fences erected in the Township of Buena Vista shall be subject to the following:

All fences must be erected entirely upon the private property of the person constructing or causing the construction of the fence. The Zoning Officer may require a property survey to be included with any fence application.

All fences must be constructed in accordance with the manufacturer's specifications, within reasonable building standards and approved by the Zoning Officer and/or Construction Official.

All fences shall be erected with the face or finished side of the fence facing toward adjacent properties. The structural side of the fence shall face toward the interior of the subject property on which the fence has been installed.

Fence gates shall have a latch and they shall not open onto a sidewalk, street or adjacent property.

Fences shall be erected in a manner as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed.

Any screening or buffering consisting of landscaping plant materials shall be planted no closer than 50% of the anticipated mature growth width of such screening or buffering, but in no event closer than four feet from any property line. Additionally, any screening or buffering consisting of landscaping plant materials shall not encroach over a sidewalk, sight triangle easement, public right-of-way or beyond a private property line. Except as otherwise stated, all fences, screening or buffering consisting of landscaped plant materials shall be subject to the requirements and conditions of this chapter.

No fence shall be erected so as to encroach upon a public right-of-way or site triangle.

The use of barbed wire or other similar type fencing is prohibited unless otherwise stated in the ordinances of the Township of Buena Vista.

Utility poles, lally columns, scrap materials, individually installed elements or columns and other nontraditional fence materials shall not be permitted to be used for construction of any fence within the Township of Buena Vista. All proposed fence materials are subject to the review, and approval and discretion of the Zoning Officer.

No fence shall be constructed and/or maintained so as to deny access to public utilities by an authorized person.

Height.

Any fence installed on a property within a residential zoning district, or on a property which contains a residential use, shall not exceed four feet in height installed within a front yard setback area or along a front property line.

Any fence installed on a property within a residential zoning district, or on a property which contains a residential use, shall not exceed four feet in height installed within a side yard setback area or along a side property line. The fence height may increase to six feet in height at the point of 75% of the length of the side building wall, measured from the front of the house. The fence may continue at a height of six feet along the remainder of the side property line to a point where the fence meets the rear yard area, or rear property line.

Any fence installed on a property within a residential zoning district, or on a property which contains a residential use, shall not exceed six feet in height installed within a rear yard setback area or along a rear property line.

Any fence installed on a property within a nonresidential zoning district, or on a property which contains a nonresidential use, or a mixed use, shall not exceed six feet.

[Amended 4-23-2023 by Ord. No. 129-2023]

Should any property be a corner property which has frontage on two streets, the rear building line, for the purpose of this section, shall be interpreted to mean that point where the property line of any corner property abuts the rear building line of any adjacent property, and the owner of said corner property shall not be entitled to construct any fence that exceeds four feet in height from the average ground grade in any point closer to the nearest roadway with which said line intersects than the rear building line of all adjacent properties.

These fence regulations shall not apply to the erection of an open wire fence within a publicly owned park, playground or school premises if the need for such a fence for such uses as athletic fields and the like are demonstrated to and approved by the Zoning Officer.

These fence regulations shall not apply to the erection of temporary fencing for agricultural use (i.e., deer fence) or the installation of snow fencing.

§ 115-100 Off-street loading.

Off-street loading space shall be provided in accordance with the following standards and requirements:

An off-street loading space, as defined in this chapter, shall be required:

For each 10,000 square feet of gross floor area in a hospital.

For each 12,000 square feet of gross floor area in a commercial use or manufacturing establishment or funeral home.

All off-street loading spaces shall be surfaced according to Township road construction standards, and required loading areas, together with their accessways, shall not be encroached upon or reduced in any manner or devoted to any other use.

The arrangement of off-street loading space shall be such that no vehicle shall have occasion to back into any street or road and, in the case of commercial and industrial uses, off-street loading areas shall be located within the side or rear yard.

Off-street loading areas shall be located or screened in such a manner that they cannot be seen from any property located in any residential district.

When the computation to determine the number of required loading spaces results in a requirement of a fractional space, any fraction to and including 1/2 shall be disregarded and fractions exceeding 1/2 shall require one space.

§ 115-101 Off-street parking.

Adequate off-street parking space, open-air or indoor, shall be provided with all new construction or the creation of new uses as specified below on the same lot with the use they are intended to serve, except as provided under Subsections B and C below, and shall be furnished with necessary passageways and driveways providing sufficient access to the nearest public street.

Access aisles and driveways to parking areas shall be not less than 10 feet in width. Aisles and driveways within parking areas shall have a minimum width of:

For ninety-degree to sixty-degree angle parking: 25 feet.

For sixty-degree to forty-five-degree angle parking: 19 feet.

For less than forty-five-degree angle parking: 17 feet.

For parallel parking: 12 feet.

The collective provision of required off-street parking area by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required for involved buildings or uses computed separately, unless it can be demonstrated to the satisfaction of the municipal agency that all or part of the separate parking requirements are mutually exclusive as regards periods of need.

For commercial and noncommercial uses in business districts, required parking shall be located within 150 feet of such use, said distance to be measured from the nearest point of the parking facility to the nearest point of the building that such facility is designed to serve.

All off-street parking areas shall be maintained with a graded, dust-free surface that is well-drained, such as gravel or stone for one- or two-family residential and agricultural uses; or two inches of bituminous concrete on four inches of stabilized base or better for all other uses. Entrances and exits for all required parking facilities shall be located not less than 75 feet from the intersection of any two street lines, and the arrangement of off-street parking areas shall be such that no vehicle would have occasion to back into a street.

Certificates of occupancy for permitted uses requiring off-street parking areas shall remain valid only so long as required parking areas are not encroached upon, nor reduced for the purpose intended.

All off-street parking areas shall be located at least five feet from any side lot line and 10 feet from any front or rear lot line, and those providing for more than 10 parking spaces shall be located or screened in such a manner that they cannot be seen from a property in any residential district.

Required spaces.

Off-street parking space, together with adequate access and maneuvering area, shall be required as follows:

Parking for any residential use shall be in conformance with the Residential Site Improvement Standards (RSIS).

[Amended 4-23-2023 by Ord. No. 129-2023]

One space for each 200 square feet of gross floor area in connection with any retail business, except that any business or part thereof serving patrons on the premises shall provide one space for each three seating spaces provided.

One space for each 1,000 square feet of gross floor area or for each three employees on maximum working shift (whichever requires a greater number of spaces) in connection with any manufacturing, light industrial or warehousing operation.

One space for each 1,000 square feet of lot area for outdoor commercial amusements.

One space for each room in any use providing transient guest accommodations.

One space for each five beds plus one space for each employee on maximum working shift in a hospital or institution for children or the aged.

One space for each 500 square feet of gross floor area for office buildings.

(h)

One space for each five seats in a church or auditorium.

(i)

One space for each six persons of rated capacity for clubs, golf course clubhouses and noncommercial or commercial recreation.

(j)

One space for each 1,000 square feet of gross floor area for libraries and museums.

(k)

One space for each four beds of an educational institution dormitory.

(l)

One space for each 1,000 square feet of gross floor area for college classrooms, laboratories, student centers or offices.

(m)

One space for each four persons of rated capacity for theaters, gymnasiums or stadiums.

(n)

One space for each 1/2 classroom in elementary schools, 1/4 classroom for junior high schools and 1/6 classroom for senior high schools.

For any other building types which do not fit into one of the above categories, a determination of the required number of spaces shall be made by the municipal agency.

§ 115-102 Outdoor storage.

Outdoor storage of any type shall be permitted only when such storage is normally incidental to a permitted or an existing nonconforming use or building.

Outdoor storage shall be subject to the following:

Except in the case of agricultural uses, outdoor storage of materials shall comply with zoning district yard and setback requirements and shall be screened from any property zoned or used for residential purposes.

Except in connection with permitted agricultural commercial establishments or in the case of coinoperated vending machines located within two feet of a related business building, goods for sale, including motor vehicles, shall not be permanently displayed or stored outdoors by any retail or wholesale business unless in accordance with a site plan approved by a municipal agency.

Solid waste, if stored outdoors, shall be kept in metal or plastic receptacles with tight-fitting covers. Such receptacles shall not be stored or placed within any required front yard area prior to the time at which solid wastes are permitted to be placed at the curblines for collection. Such receptacles may be stored in either the rear or side yard areas and shall be screened from view of adjoining properties and street areas with planting or fencing. Solid wastes which are to be picked up shall conform to the requirements established by the Department of Public Works for garbage and trash collection.[1]

Editor's Note: See Ch. 83, Solid Waste.

§ 115-102.1 Trailers.

Trailers may be placed on a land parcel as a conditional use in various districts as specified in Article X of this chapter, only after site plan review, when, in addition to meeting other requirements, they comply with the following:

In specified districts, camping trailers may be placed and used temporarily in authorized campgrounds as per § 115-113.[1]

Editor's Note: Former Subsection B, regarding use of temporary residential trailers for dwelling purposes, as amended, was repealed 8-27-2007 by Ord. No. 15-2007.

A temporary residential trailer may be used for dwelling purposes during the replacement or reconstruction of a single-family residence by the property owner. Applicants shall file the application for a temporary trailer with the Zoning/Code Enforcement Officer and the Township Clerk. Said trailer shall not be placed on the site or occupied until all governmental approvals have been obtained and septic, well and electric service have been installed and are in use. The temporary trailer shall only be occupied by the owner and family members during reconstruction. The Township Committee, in its sole discretion, may grant a temporary trailer permit for a period of six months and may grant an additional extension up to six months.

[Amended 4-25-2005 by Ord. No. 8-2005; 12-27-2005 by Ord. No. 15-2005]

Temporary storage of one unoccupied trailer as an accessory structure may be permitted on a lot for a period not to exceed three months.

Permanent storage of one unoccupied trailer may be permitted on a lot only when it is entirely enclosed in a permitted principal or accessory building.

The following conditions shall apply regarding the location of an accessory trailer:

Its longitudinal axis shall be perpendicular to the street line of the lot. On corner lots, the longitudinal axis of the trailer shall be perpendicular to the building line of the principal building.

The trailer shall be positioned between the principal structure and the rear lot line or shall be placed in a completely enclosed structure. In no case shall a trailer extend into the front yard of a lot.

§ 115-103 Right to farm provisions.

The right to farm is hereby recognized to exist as a natural right, and farming is hereby ordained to exist as a permitted use in every zoning district within Buena Vista Township in which agriculture is presently a permitted use and in any other zoning district on lands presently used for legal nonconforming agricultural use, subject only to the restrictions and regulations for intensive fowl or livestock farms and Township Health and Sanitary Code requirements.

The right to farm shall include the regular use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, numerous farm laborers and the application of chemical fertilizers, insecticides and herbicides, all for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seed. Also included is the right to use land for grazing by animals, subject to the restrictions for intensive fowl or livestock farms.

The foregoing uses and activities, when reasonable and necessary for the particular crop, livestock or fowl production and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night or in daytime; and the noise, odors, dust and fumes that are caused by them are also specifically permitted as a part of the exercise of this right. It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the benefits from farming to the neighborhood, community and society in general by the preservation of space, the beauty of the countryside and clean air, as well as the continuance of farming operations in Buena Vista Township and in New Jersey as a source of agricultural products for this and future generations.

§ 115-103.1 Temporary greenhouses.

[Added 10-13-1998 by Ord. No. 18-1998]

Temporary greenhouses erected for agricultural or horticultural use shall be subject to the bulk, area and yard requirements of § 115-77 and subject to the definition of a farm in § 115-6.

§ 115-104 Screening.

Whenever screening is called for in this chapter or is made a condition of development approval by a municipal agency, it shall be provided according to the following requirements:

When screening specifications involve any portion of a lot lying within a required roadway intersection sight triangle, the provisions of § 115-31B(10) shall control.

Natural screening shall consist of predominantly indigenous plant species densely planted in a linear buffer area along the site boundary, being at least eight feet wide and three feet high at the time of planting, that may be expected to form a year-round, dense screen at least six feet high within three years. Screen planting required for any development in the Pinelands Area shall be in accordance with § 115-49A(6)(c).

Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of fire-resistant material at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open.

In front yard areas within residence districts, no screening shall exceed four feet in height unless required by a municipal agency as part of site plan review.

All such screening shall be maintained in good condition at all times; may be interrupted only by normally required entrances and exits; and shall have no signs attached.

§ 115-105 Signs.

[Amended 12-27-1994 by Ord. No. 290-1994; 7-28-1997 by Ord. No. 17-1997; 5-22-2000 by Ord. No. 7-2000; 9-8-2014 by Ord. No. 17-2014]

Within Buena Vista Township, all signs, unless specifically permitted in this chapter, are hereby prohibited, and any permitted sign shall comply with the following standards and requirements:

No sign, other than a traffic warning or safety sign, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or physical lighting change shall be permitted in the Township, with the exception of changeable copy or EMC signs in the PT, PVI, PVRC, RA, B1 and OC Districts and as permitted for schools, churches, hospitals or similar public service institutions in zoning districts identified below, in accordance with § 115-105L(10).

[Amended 7-26-2021 by Ord. No. 101-2021]

No sign, other than a traffic warning or safety sign, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in the Township, with the exception of changeable copy or EMC signs in the PT, PVI, PVRC, RA, B1 and OC Districts and as permitted for schools, churches, hospitals or similar public service institutions in zoning districts identified below, in accordance with § 115-105L(10).

[Amended 7-26-2021 by Ord. No. 101-2021]

The following signs shall be permitted in any district of the Township:

Nonilluminated directional signs identifying parking areas, loading zones, entrances, exits and similar locations, not to exceed three square feet in area.

Temporary or permanent traffic signs and signals installed by the Township, county or state for the purpose of directing and regulating the flow of traffic.

Signs indicating public transportation stops when installed by the Township or public transportation authority.

Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by the government agencies or civic or religious organizations.

"Warning" and "no trespassing" signs, not exceeding three square feet in area.

Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the building or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the federal government.

Name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding 50 square inches in area.

Lawn signs identifying residents, not exceeding one square foot in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamppost if used as a support.

Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

Signs which are an integral part of vending machines, including gasoline pumps, provided that they do not exceed two square feet in area.

Real estate signs announcing the sale, rental or lease of the premises on which the sign is located, such sign not to exceed four square feet in area.

If double-faced, the sign shall not exceed eight square feet in area for both sides.

The sign shall be nonilluminated.

Such sign shall not be closer to the lot line than 1/2 the distance between the building line and the lot line, as per § 115-77. Such signs shall not be located closer to other such signs than one in every 200 feet, measured either along the front of a lot or along the depth of a lot.

Temporary on-site signs for advertising public functions or fund-raising events for charitable or religious organizations shall be permitted for a period of 90 days prior to and during the event and shall be removed within five days after the event. The sign shall be nonilluminated, not larger than 12 square feet in area, not exceed eight feet in height and may be erected flat against the building or freestanding.

(13)

Temporary signs publicizing or promoting a public election, School Board election, campaign for public office or public referendum may be placed on private property with the consent of the owner. Said signs shall be removed within five days after the election.

[Amended 7-26-2021 by Ord. No. 101-2021]

(14)

Path-marking signs for permitted yard or garage sales, provided that not more than three such signs, not exceeding two square feet in size, are posted no earlier than one week before the beginning of the sale and are removed the day following the sale.

(15)

Contractor's or mechanic's sign, not greater than six square feet in area. One such sign shall be allowed for each street frontage and shall be removed promptly upon completion of work.

Permitted signs. The following signs are permitted for uses as specified in Article X (Establishment of Zoning District Regulations) of this chapter for the various listed zoning districts.

All forest area and agricultural production districts (FA1, FA2, FA3, AP and RA).

On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that:

The size of any such sign shall not exceed 48 square feet.

No more than one sign is to be placed on any single property.

Setback: minimum 20 feet from all property lines.

Height: 20 feet or the height of the principal building, whichever is shorter.

Electronic message center (EMC) signs are permitted in accordance with the following:

[Added 7-26-2021 by Ord. No. 101-2021]

[a]

The total permitted sign area shall include the EMC portion of the sign as provided above.

[b]

EMC signs shall conform to the provisions of Subsection L(10) below.

Signs advertising agricultural commercial establishments and farm produce markets shall be permitted, provided that they are in accordance with § 115-105E and:

Setback: minimum 10 feet from all property lines.

Attached signs for the principal building shall not exceed 10% of the areas of the face of the wall upon which such sign is attached or 30 square feet, whichever is smaller.

On-site professional, home occupation or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that:

The size of any such sign shall not exceed five square feet.

No more than one sign is permitted for any individual parcel of land.

Setback: minimum 20 feet from all property lines.

Height: eight feet maximum.

On-site business advertising signs, provided that:

No more than one sign is permitted for any individual parcel of land.

The total area of such signs shall not exceed 32 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.

Setback: minimum 20 feet from all property lines.

All residential districts (RDR1/RDR2 and PVR1/PVR2).

Home occupations. One professional sign or nameplate not more than two square feet in area. One such sign shall be allowed for each permitted use or dwelling unit.

Development sign advertising residential construction. Such signs shall be not larger than 32 square feet in area, shall be limited in number to one for each street frontage and shall be located on the subject premises. Signs to be set back at least 20 feet from all property lines and shall not exceed 10 feet in height. Development signs shall be removed within 20 days after occupation of the last house in the subdivision.

On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that:

The size of any such sign shall not exceed 32 square feet.

No more than one sign is to be placed on any single property.

Setback: minimum 20 feet from all property lines.

Height: 15 feet or the height of the principal building, whichever is shorter.

Electronic message center (EMC) signs are permitted in accordance with the following:

[Added 7-26-2021 by Ord. No. 101-2021]

[a]

The total permitted sign area shall include the EMC portion of the sign as provided above.

[b]

EMC signs shall conform to the provisions of Subsection L(10) below.

On-site business advertising signs, provided that:

No more than one sign is permitted for any individual parcel of land.

The total area of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.

Setback: minimum 20 feet from all property lines.

Signs advertising farm produce markets shall be permitted, provided that they are in accordance with § 115-105E and:

Setback: minimum 10 feet from all property lines.

Attached signs for the principal building shall not exceed 10% of the areas of the face of the wall upon which such sign is attached or 30 square feet, whichever is smaller.

All commercial districts (APC, RDR1C, PVRC, PT, B1 and OC).

Attached signs. One sign on each principal building facade with at least 100 feet of street frontage. The total area on the sign shall not exceed 10% of the area of the face of the wall upon which such sign is attached or 50 square feet, whichever is smaller. Where the building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to 5% of the area of the face of the wall upon which such sign is attached, not to exceed six square feet. Where more than one use occupies a building, a sign not exceeding six square feet identifying the name of the use may also be attached at the entrance. The attached sign shall not have a vertical distance exceeding five feet.

Freestanding signs. One freestanding sign per street frontage for each principal building or group of attached principal buildings.

Height: 15 feet or the height of the principal building, whichever is shorter.

Setback: minimum 20 feet from all property lines.

Area: 32 square feet per side.

[Amended 4-23-2023 by Ord. No. 129-2023]

All industrial districts (API, RDI, RDR1I and PVI).

Attached signs. One sign on each principal building facade with at least 100 feet of street frontage. The total area on the sign shall not exceed 10% of the area of the face of the wall upon which such sign is attached or 75 square feet, whichever is smaller. Where the building(s) is (are) designed for rear or side entrances, one unlighted sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to 5% of the area of the face of the wall upon which such sign is attached, not to exceed six square feet. Where more than one use occupies a building, a sign not exceeding six square feet identifying the name of the use may also be attached at the entrance. The attached sign shall not have a vertical distance exceeding five feet.

Freestanding signs. One freestanding sign per street frontage for each principal building or group of attached principal buildings.

Height: 20 feet or the height of the principal building, whichever is shorter.

Setback: minimum 25 feet from all property lines.

Area: 48 square feet per sign.

Outdoor, off-site signs advertising agricultural commercial establishments or farm produce markets shall be limited to two such signs, not more than 32 square feet in area, placed in any one direction along each road directly approaching the establishment. Such signs shall be located at least 100 feet from any road intersection, 500 feet from any other off-site sign and shall not be more than eight feet in height.

Any signs permitted under the terms of this chapter, when greater than 32 square feet in area, shall be subject to application for issuance of a development permit and certificate of occupancy. Any light or reflecting device used in connection with a sign shall not be so located or directed that it may be mistaken for a traffic sign or warning device or shine directly on nearby residentially zoned properties. No freestanding sign shall be erected to a height exceeding 35 feet. Portable billboards and other off-site devices shall be prohibited in all districts.

Within the Pinelands Area, except as authorized in Subsection E above, no new or replacement off-site advertising signs shall be permitted. Any existing sign which does not conform to Subsections A and B above shall be removed immediately. Any existing sign which does not conform to Subsection E above or Subsection J below shall be removed no later than December 5, 1996.

To the maximum extent practical, the character and composition of and construction materials for all signs proposed for the Pinelands Area shall be harmonious with the scenic values of the Pinelands.

All roadside advertising structures are subject to the provisions of N.J.S.A. 27:7A-11 et seq. and the regulations promulgated by the State Transportation Commission pursuant thereto. In case of conflict among state, Pinelands, county or municipal regulations, the more stringent shall apply.

Existing lawful off-site commercial advertising signs in existence as of January 14, 1981, shall be permitted in the PT District.

General prohibitions.

No sign shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises.

No sign shall be erected, altered or replaced which is not in accordance with the standards established in this chapter. The erection of any sign shall require a zoning permit and, depending on the type of sign, a construction permit may be required.

No sign of any type shall obstruct driving vision, traffic signals, traffic direction and identification signs, other places of business or other signs.

No sign shall obstruct free ingress or egress from a required door, window, fire escape or other required exitway.

No sign shall make use of words such as "stop," "look," "danger" or other similar words, phrases, symbols or characters in such a manner as to imply the need or requirement of stopping or the existence of danger.

No sign shall contain any obscene, indecent or immoral matter.

No sign unlawfully installed, erected or maintained shall be permitted.

No sign shall be permitted that now or hereafter existing which no longer advertises a bona fide business-conducted activity, campaign or service or a product sold.

No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.

No permanent sign made of paper, cardboard, vinyl, canvas or similar material other than a sign advertising a sale on the premises or the sale or rent of a premises on which the sign is located shall be permitted except inside the building.

Banners, pennants, spinners and streamers, except as a temporary use not to exceed 30 calendar days, are prohibited.

No sign may be affixed to the roof of any structure.

(13)

No sign or sign structure which is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment, or is not kept in good repair, or is capable of causing electrical shocks to persons likely to come in contact with it shall be permitted.

Sign criteria.

Freestanding signs. Signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made in permanent support of the freestanding signs.

Height. No freestanding or attached sign shall be higher at any point than the roofline of the building, except that no sign shall exceed any lesser height if particularly specified elsewhere in this chapter. In addition, no attached sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as but not limited to driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.

Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall comply with the appropriate state uniform construction codes.

Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

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

Signs and sign structures. Signs and sign structure of all types shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.

Signs with two exposures. Signs with two exposures shall be measured for area by using the surface areas of one side of the sign only. Both sides may be used provided that only one side of the sign is visible at any one time.

Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 12 inches from the building.

Signs shall be placed no closer than three feet of either side of the width of the principal building frontage; and one foot from the top of the roofline.

Changeable-copy signs or EMC signs shall require the issuance of a zoning permit as per § 115-10E(1) of this herein chapter. If a denial is issued by the Zoning Officer, the applicant shall reserve the right to appeal said decision to the Land Use Board.

[Amended 12-27-2016 by Ord. No. 37-2016; 7-1-2019 by Ord. No. 76-2019]

A changeable-copy sign for the purpose of this article is a sign with the capability of content change by means of manual or remote input and includes the following types:

Manually activated: Changeable sign whose message copy or content can be changed manually on a display surface.

Electronically activated: Changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or may be from an external light source designed to reflect off the changeable component display such as an electronic message center (EMC) sign.

An EMC sign for the purpose of this article is an electronically activated changeable-copy sign whose variable message and/or graphic presentation capability can be electronically programmed by a computer from a remote location. EMC signs typically use light-emitting diodes (LEDs) as a lighting source.

Where permitted, changeable-copy or EMC sign areas shall be in accordance with the standards as noted in said district.

A changeable-copy EMC sign may be all or a portion of the total permitted sign area.

A changeable-copy or EMC sign shall not be used for any off-site advertising or messages, other than public service information approved by the Township.

Changeable-copy or EMC signs, where permitted, shall not obstruct traffic visibility, become a distraction to drivers or traffic hazard.

Specific standards for electronic message center (EMC) signs.

All EMC signs shall have automatic dimming controls, via photo cell or software settings, that adjust the light emitted by the sign during ambient low-light conditions and night so that it is compliant with the sign illumination standards allowed herein.

EMC signs shall have a minimum display time of eight seconds. These transitions may use fade, dissolve and/or other transition effects except those listed as prohibited in this article.

All illuminated signs must comply with a maximum luminance level of 750 cd/m² or nits at least 1/2 hour before apparent sunset as determined by the National Oceanic and Atmospheric Administration (NOAA), United States Department of Commerce, for the Township's geographic location and date. All illuminated signs may resume luminance levels appropriate for daylight conditions at the apparent sunrise, as determined by the NOAA.

Prior to the issuance of a permit for a changeable-copy or EMC sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above.

§ 115-106 Sustainable energy accessory use systems.

The following EMC display features and functions are prohibited: continuous scrolling and/or traveling, flashing, blinking, twinkling, spinning, rotating, and similar moving effects.

[6]

All electrical equipment on a newly constructed EMC sign shall be UL listed and labeled.

[7]

All power to an EMC sign shall be supplied via underground carrier, inside approved conduit and shall be installed in accordance with the National Electric Code.

[8]

EMC signs shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign. When malfunctioning, all EMC signs must then be turned off or display a blank screen.

[Added 11-24-2008 by Ord. No. 14-2008]

Purpose. The purpose of this section is to promote the safe, effective and efficient use of small wind energy systems and solar energy systems to reduce the on-site consumption of utility-supplied electricity.

The following apply:

Wind and solar energy are abundant, renewable, and nonpolluting energy resources.

Converting wind and solar rays to electricity will reduce our dependence on nonrenewable energy resources, and decrease air and water pollution that results from the use of conventional energy sources.

Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the state's energy supply portfolio.

Small wind energy systems and solar energy systems make the electricity supply market more competitive by promoting customer choice.

The Municipal Land Use Law provides that part of the intent and purpose of the Act is to promote the utilization of renewable energy resources (N.J.S.A. 40:55D-2.n).

Definitions. As used in this section, the following terms shall have the meanings indicated:

SMALL WIND ENERGY SYSTEM

A wind energy system, as defined herein, that is used to generate electricity, and has a nameplate capacity of 100 kilowatts or less.

SOLAR ENERGY SYSTEM

A solar energy system, and all associated equipment, which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

WIND ENERGY SYSTEM

A wind turbine and all associated equipment, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.

WIND TURBINE

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.

Permitted sustainable energy accessory use systems.

Small wind energy systems and solar energy systems.

The primary purpose of a wind or solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this section, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.

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 section. In the event that the Zoning Officer or construction office does not believe the provisions of this section will be satisfied, an applicant may request a variance.

All applications for wind energy systems shall be presented to the Development Review Committee for administrative approval, and, in the event of a potential variance, all correlating applications shall be presented to the Development Review Committee prior to submittal to the Planning/Zoning Board.

Small wind energy systems.

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

Minimum lot size: one acre, provided the lot size provides the ability of the wind turbine system to conform 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 any front yard.

Maximum height: Freestanding wind turbines shall not exceed a height of 80 feet on lots between one acre and three acres. On lots of three acres or more, a maximum height of 150 feet is permitted. The maximum height shall include the height of the wind turbine blades at their highest point.

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

[6]

Wind turbines shall not be permitted as a rooftop installation.

[7]

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:

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.

Maximum height: The maximum height for a wind turbine shall not exceed 150 feet, including the height of the blades, at its highest point.

Wind turbines shall not be permitted in a front yard.

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

Wind turbines shall not be permitted as a rooftop installation.

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

In 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 at 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 over-speeding and excessive pressure on the tower structure.

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

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

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.

(h)

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

(i)

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

(j)

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, which is more than that which is permitted for the principal building in the zoning district in which said solar panels are located.

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

All ground arrays shall be set back a distance of 20 feet 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.

Ground arrays shall be located so that any glare is directed away from an adjoining property.

Ground arrays shall not exceed a height of 15 feet.

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

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 the provisions of the Zoning Ordinance with respect to tree removal. For the purposes of this section, tree removal shall be permitted as detailed under the proper section of the Zoning Ordinance. Any trees to be removed in excess of that permitted under the ordinance shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of the ordinance. 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 for interconnection.

The provisions of the ordinance 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 subsection.

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 the notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove the system as set forth below.

§ 115-107 Swimming pools and swimming clubs.

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 Township 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 and the facility shall be removed. Upon removal, the site shall be cleaned, restored and landscaped to blend with the existing surrounding vegetation at the time of abandonment.

[Amended 11-24-2008 by Ord. No. 14-2008]

Swimming pools and swimming pool clubs may be established in various districts as specified in Article X of this chapter, when, in addition to meeting other requirements, they comply with the following:

Private swimming pools.

Intent. Private swimming pools shall be permitted in all zoning districts where a residential dwelling unit exists as a principal permitted use. Private swimming pools shall not be calculated as part of the maximum square footage for cumulative accessory use structures but shall be calculated as part of the total impervious lot coverage percentages for the respective zoning district location.

[Amended 4-23-2023 by Ord. No. 129-2023]

New Jersey Uniform Construction Code compliance. Pursuant to the New Jersey Uniform Construction Code, the International Residential Code and/or the National Electrical Code, all swimming pools (in-ground or above ground) that have the capacity of holding 24 inches or more of water (at any point) require zoning approval, along with a building and electric permit. They must also meet requirements of the above codes for the pool, the electric that runs the filter, pool barrier fencing around the pool and ladder, etc. Residents who already have pools erected without proper permits have the option of draining the pool or applying for the appropriate permits.

Definitions. As used in this section, the following terms shall have the meanings indicated:

POOL

A non-permeable receptacle for water, whether above or below ground, intended for use by the owners, their friends and invited guests, for bathing or swimming.

Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of less than two feet, and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.

Permit required. All pools with a water depth of two feet or more, and/or a capacity of 1,000 gallons or more, shall require a building permit from the Building Inspector prior to construction or installation.

Setbacks and other requirements.

Private swimming pools shall be erected or constructed to the rear or side of a principal building and shall not be located within any required rear or side yard setback area as contained within Article XII, § 115-141, of this chapter, and may only be located on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in the Zoning Code for an accessory building.

Enclosure. Every outdoor private or residential swimming pool in the ground or with sides less than 42 inches high at any point, as in the case of aboveground pools, shall be completely enclosed by a fence or wall not less than four feet in height but not to exceed six feet in height, which shall be so constructed as not to have openings, holes or gaps larger than four inches in any dimension, except for doors and gates. A residence or accessory building may be used as part of such enclosure. All gates or doors, opening through such enclosures, shall be equipped with self-closing and self-latching devices for keeping the gate or door securely locked at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Aboveground pools with sides greater than 42 inches high at any point, which are not enclosed by a suitable fence herein described, and using a ladder or stairs for ingress and egress shall have the ladder or stairs removed or flipped up when the pool is not in use or shall be designed with doors or gates so as to prevent access to the pool when the pool is not in use.

Electrical installations.

All electrical wiring associated with swimming pools shall require a permit.

All electrical wiring for swimming pools shall comply with the National Electrical Code (NEC).

Lights used to illuminate the pool shall direct light only on the pool.

Plans. The plan filed with the application for a building permit shall show the pool in relation to all other buildings on the property, lot lines, and electrical power service laterals. Fences and decks built in conjunction with the pool shall also be shown on the plans.

Equipment. Circulating pumps and filters shall be located and operated so as not to create a nuisance or noise problem. If necessary, the equipment shall be shielded or contained behind a protective barrier.

Nuisance.

All pools shall be maintained in such a way as to not create a nuisance, hazard, or eyesore or be a detriment to public health, safety, or welfare.

The drainage of any pool may not be discharged onto adjoining property. The pool may, however, be drained into the Township streets or gutters which empty into the Township's storm sewer, with approval and verification by Township staff.

Building permit fees.

Building permit fees as set forth by resolution.

Electrical permits fees as set forth by resolution.

Plumbing permit fees, as per the plumbing permit application, as set forth by resolution.

(13)

Effective date.

This section shall be in full force and effect following adoption by a majority of the Township Committee and upon publication as provided by statute.

Any pool erected or constructed within the Township of Buena Vista prior to the date of publication of this section shall be required to be in full compliance with all of the provisions of this section no later than one year following the date of publication.

Any pool erected or constructed within the Township of Buena Vista following the date of publication of this section shall be required to be in full compliance with all provisions of this section before it shall be permitted for use.

Public swimming pools. Public swimming clubs operated on a nonprofit, annual-membership basis shall be permitted when, in addition to meeting other applicable provisions of this chapter, they comply with the following:

Proof is furnished to the municipal agency that the proposed use is a bona fide, nonprofit activity organized solely for the use and enjoyment of the membership.

The parcel involved in the use shall comply with the district lot size and lot width requirements or contain at least five acres in area and 300 feet in width, whichever is greater.

No more than a total of 20% of the lot shall be covered by structures, parking areas and the pool, together with its adjoining hard-surfaced areas.

No part of the pool, its accompanying hard-surfaced area or other supporting structures or activity areas shall be located within any required yard area.

The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale of facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to, and approval by, the municipal agency.

Any pool established in connection with a public swimming club shall be constructed and operated according to the requirements of N.J.S.A. 26:3-69.1 through 26:3-69.6, as amended and supplemented. The above-titled statute, commonly known as the "Swimming Pool Code of New Jersey," 1955, is hereby adopted by reference.

§ 115-108 (Reserved) [1]

§ 115-109 Domestic farm animals in residence districts.

Editor's Note: Former § 115-108, Yard sales, was repealed 7-28-2014 by Ord. No. 12-2014. See now Ch. 293, Yard Sales.

[Amended 3-10-1997 by Ord. No. 5-1997; 10-13-1998 by Ord. No. 18-1998]

The keeping of domestic farm animals as per § 115-6 shall be permitted in FA1, FA2, FA3, RA and RDR Districts and may be conducted only in accordance with the following:

As part of a permitted agricultural use when:

Animal shelters, barnyards, manure storage and outdoor feeding stations are placed in accordance with district minimum yard requirements.

The use shall not be or become an intensive fowl or livestock farm as described in § 115-121 below.

As an accessory use to a principal residential use when:

[Amended 10-22-2018 by Ord. No. 63-2018]

Animal shelters, pasture facilities and manure storage do not encroach on any required area for the district in which located. There shall be a minimum fifty-foot perimeter setback from all property lines from all areas used for farm animals. Animal shelters shall not be permitted in the front yard.

Front yard setbacks shall meet the minimum required setback for animals; i.e., house is set back 200 feet and the minimum front yard setback is 50 feet then animals would be allowed in front of house with a fifty-foot setback to the front property line.

The type of permitted domestic farm animal is listed in the table below. The total number of domestic farm animals shall not exceed the following:

Animal Units for Specific Livestock Categories (Source: Rutgers New Jersey Agricultural Experiment Station Bulletin E353)
Livestock	Life Stage	Weight (pounds)	Animal Units	Animals/Acre	Comments
Dairy/beef	1 year or older	1,000	1	1	Includes a cow with nursing calf
	Under 1 year	500	1/2	2
Horses	Large breeds 1 year and older	1,000	1	1	Includes horses and mules with foal until weaned or up to 6 months of age = 1 unit
	Large breeds under 1 year	500	1/2	2
	Ponies, burros and donkeys	500	1/2	2
	Miniature horses	250	1/4	4
Sheep and goats	Large breeds 1 year and older	200	1/5	5	Ewe with nursing lamb up to 3 months
	Lambs over 3 months and up to 1 year	100	1/10	10

Note: Combinations of different livestock species are acceptable so long as total densities are not exceeded for acreage available.

The above weights and units are guidelines. If animals are smaller or larger than the guideline given, then units and animals per acre must be adjusted provided that the standard of 1,000 pounds = 1 animal unit/acre.

When determining the total number of farm animals permitted per lot, the land area shall include that area which is devoted to the farm animal.

The area devoted to farm animals shall be enclosed with a perimeter fence.

§ 115-110 Parking of commercial vehicles in residential zones.

Any animal, which is not addressed as a domestic farm animal and identified in the table above, is not permitted to be kept on a single-family residential property. This does not include the keeping of agricultural animals on qualified farmland.

[Added 12-21-1998 by Ord. No. 24-1998; amended 2-8-1999 by Ord. No. 3-1999]

No commercial vehicle other than a pickup truck or van shall be parked in any residential zone between the hours of 8:00 p.m. and 6:00 a.m.

Any person violating this section shall be fined $30 for the first violation. On a second or subsequent violation, he/she shall be fined not less than $50 nor more than $100.

§ 115-110.1 Accessory structures and uses.

[Added 10-22-2018 by Ord. No. 63-2018]

Accessory uses and structures in residential and agricultural zoning districts.

Permitted accessory structure/use in accordance with the standards herein:

Pole bams.

Detached garages.

Utility sheds.

Pool houses for residential pools.

Farm buildings on active agricultural properties or qualified farms.

Home professional office.

Swimming pools in accordance with § 115-107 of the Code.

No single accessory structure shall exceed 3,000 square feet provided the total permitted coverage requirements are satisfied for the entire parcel.

In no case shall the total area of all accessory structures exceed 1.5 times the total habitable area of the dwelling unit or 10,000 square feet, whichever is less. Habitable area includes areas where bedrooms and living space are permitted, it does not include attic space, unfinished basement space or an attached garage. A single accessory structure shall not exceed 3,000 square feet in accordance with Subsection A(2) above.

Agriculture uses on qualified farms are not subject to the size restriction above, provided the accessory structure is to be utilized for the farming/agricultural operation. (Qualified farms are a minimum size of five acres and meet the farmland assessment criteria.)

Utility sheds.

Sheds which are 100 square feet or less may have a setback of three feet.

In campgrounds one shed of no more than 100 square feet is permitted on the leased pad site. The shed must be in the rear of the modular/trailer unit.

Home professional office. Where single-family residential units are a permitted use, they may have a home professional office as a permitted accessory use in accordance with the following:

A home professional office would not employ anyone on site.

An example of a home professional office is a business, profession, occupation or trade conducted for gain or support by a resident of the dwelling unit and is incidental and secondary to the use of the dwelling unit.

A home professional office shall not include retail sales to the general public unless through mail, Internet or another similar service wherein the retail customers are not visiting the residential unit.

Permitted accessory uses/structures in nonresidential districts in accordance with the standards herein:

Trash enclosures.

Utility sheds.

Other accessory uses/structures which are customarily incidental and subordinate to the principal use.

Any accessory buildings attached to the principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building, regardless of the technique of connecting the principal and accessory buildings.

Distance between adjacent buildings. The minimum distance between an accessory building and any other buildings on the same lot shall be as required in Article X, except that no poultry or livestock shelter shall be erected nearer than 50 feet to any dwelling on the same lot.

Height of accessory building. The height of accessory buildings shall not exceed 18 feet. An agricultural accessory structure may have a maximum height of 25 feet provided it is to be utilized for the farming/agricultural operation. (Qualified farms are a minimum size of five acres and meet the farmland assessment criteria.)

[Amended 4-23-2023 by Ord. No. 129-2023]

Location of accessory buildings.

An accessory building may be erected in the side and rear yard areas of the principal building only.

The required side and rear yard setbacks shall be 1/2 that required for primary structures.

In no case shall side or rear yard setbacks for accessory buildings be less than 12 feet.

§ 115-110.2 Community residences for developmentally disabled and victims of domestic violence.

If erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.

Poultry or livestock shelters shall be erected per § 115-121D.

Seasonal stands are exempt from front yard provisions, provided that such seasonal stands occur as accessory uses to a farm.

Private garages. No business, service, or industry shall be conducted within a private garage, other than the storage of personal vehicles.

Community residences for developmentally disabled or shelters for victims of domestic violence, housing more than six but fewer than 15 persons, including resident staff, may be permitted in those districts specified in Article X of this chapter, subject to the following provisions:

In addition to complying with site plan submission and other requirements of this chapter, any such community residence application shall:

Include a statement setting forth full particulars about the building and use.

Provide at least 240 square feet of habitable floor area for each person housed.

Provide evidence of licensing by the New Jersey Department of Human Services.

Provide evidence that the total population of this and other such residences in the Township (not including resident staff) will not exceed 1/2% of the Township's population or 50 persons, whichever is greater; and

Provide evidence that the proposed residences will be located at least 1,500 feet from any other such residence.

Operation of any such community residence shall conform to the following:

The lot containing such a residence shall not contain any other use, nor shall any structure or facility on the site provide services for any person not residing on the site.

Basement areas shall not be utilized for living, sleeping or recreation areas.

The community residence use shall provide and maintain one off-street parking space for each staff member and employee on maximum working shift and one additional space for each three other residents of the facility. Off-street parking shall conform to the specifications contained in § 115-41A and shall be screened as per § 115-104.