Borough of Berlin, NJ Article VI Zoning Regulations

§ 335-74 Zoning districts.

A. The Borough is divided into zoning districts as enumerated in this article and as shown on the Zoning Map.[1]

[1] Editor's Note: The Zoning Map can be found at the end of this chapter.

B. In addition, all zones within the New Jersey Pinelands as defined by the New Jersey Pinelands Protection Act of 1979 and as hereinafter defined shall be subject to all regulations adopted pursuant to the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 13:18A-29, as amended, by the Laws of 1980, Chapter 65, adopted on July 10, 1980. The New Jersey Pinelands blocks and lots in the Borough of Berlin are on file in the Borough Clerk's office.

§ 335-75 Zoning Map.

[Amended 12-18-2002 by Ord. No. 2002:18; 5-3-2007 by Ord. No. 2007-04]

The boundaries of zoning districts are established on the map entitled "Borough of Berlin Zoning Map" prepared by Pennoni Associates Inc., consulting engineers, and dated December 18, 2006, which accompanies and is made part of this chapter, as amended.

§ 335-76 Interpretation of district boundaries and zoning standards.

A. Zoning district lines are intended to follow street and railroad center lines, streams, lot lines and straight line extensions of lot lines or streets or connections between known points of intersection of lot lines, streets, railroads and streams, unless otherwise indicated by dimensions. Dimensions are in feet, measured horizontally and measured from the street right-of-way line even if the center line of that street serves as a zoning district line. The location of any disputed zoning district line shall be determined by the Planning Board. Zoning district lines extend vertically in both directions from ground level.

B. Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be considered the zoning district line.

§ 335-77 General zoning provisions.

[Amended 9-15-1997 by Ord. No. 97-16; 12-26-2001 by Ord. No. 2001:16; 12-18-2002 by Ord. No. 2002:18; 5-4-2006 by Ord. No. 2006-6; 10-5-2006 by Ord. No. 2006-18; 11-2-2006 by Ord. No. 2006-23; 5-21-2007 by Ord. No. 2007-06; 7-7-2008 by Ord. No. 2008-03; 10-4-2010 by Ord. No. 2010-12; 8-1-2011 by Ord. No. 2011-09; 12-15-2016 by Ord. No. 2016-20; 12-14-2017 by Ord. No. 2017-15; 6-10-2021 by Ord. No. 2021-09; 10-13-2022 by Ord. No. 2022-10; 4-11-2024 by Ord. No. 2024-07; 3-14-2024 by Ord. No. 2024-02; 7-11-2024 by Ord. No. 2024-12]

A. Accessory buildings and uses.

(1) Any accessory building in any zone attached to a principal building or located within 10 feet of the principal building shall be considered part of the principal building and shall adhere to the yard requirements for the principal building.

(2) Detached accessory buildings and structures associated with residences and located more than 10 feet from the principal building shall be located only in side and rear yards. Accessory buildings and structures in the front yard are prohibited.

(3) Unless otherwise specified in this chapter, detached accessory buildings in a residential zone shall be set back from any side or rear lot line at least five feet. In nonresidential districts, accessory buildings shall meet the setback requirements for principal buildings.

B. Antennas and satellite dishes.

(1) Permanently installed amateur radio transmitting and receiving devices and their associated towers, television receiving antennas and satellite receiving dish antennas are permitted in every zoning district as an accessory use to a principal use on the same lot, provided that wires and cables running between the device and any other structure are installed underground; there is no advertising attached to the tower or antenna; the natural grade of the lot shall not be changed to increase the elevation of the device; and the device is appropriately colored, constructed, located and screened from view to the maximum extent practicable, singly or in combination, so as to minimize the visual impact from adjoining properties and public rights-of-way.

(2) Design standards. The following standards are designed so that antennas and associated devices will be located and constructed so as to minimize their visual impact and the safety concerns of the residents, while reasonably accommodating the needs of those who use the antennas. Accordingly, dish antennas which are bulky, heavy, visually obtruding and require formidable mounting for safety reasons and which do not afford better reception when higher are required to be kept as low as possible with maximum screening. On the other hand, amateur antennas, which tend to be much less imposing and are generally more effective with greater elevation, require less screening and can be allowed on reasonably higher structures.

(a) An antenna tower and related devices shall be located only on a building or in a side or rear yard. It shall not be located in a front yard.

(b) An antenna, including a tower, if any, shall be set back from the side and rear lot lines a distance at least equal to the toppling distance of the device, but in no instance shall it be closer to a lot line than as follows:

[1] A residential use next to a residential use: 20 feet.

[2] A nonresidential use next to a nonresidential use: 30 feet.

[3] A nonresidential use next to either a residential use or a residential zoning district: 75 feet.

(c) Where plantings are used to minimize the visual impact of the antenna upon abutting property owners and upon the general public passing along adjacent rights-of-way, the plantings shall be a nondeciduous material, placed two feet apart around that portion of the device which can be seen from an adjacent lot or public right-of-way. The plantings shall be such that they will screen the device without interfering with the effectiveness of the antenna.

(d) Where an antenna or satellite dish is mounted on a building, it shall be located so as to maximize the use of the building in screening the view of the device from the right-of-way along the front property line. In addition, the top of such an antenna or dish shall not exceed the height of the roof line of the building on which it is located by more than the following:

[1] Dish antennas in a residential zone: six feet.

[2] Dish antennas in a nonresidential zone: 12 feet.

[3] Conventional television antennas: 10 feet.

[4] Amateur radio antennas, such as whip and dipoles: 15 feet.

(e) The maximum height of a ground-mounted dish antenna shall be 15 feet in a residential zone and 17 feet in a nonresidential zone, and the maximum diameter of any dish antenna shall be 10 feet for residential uses and 12 feet for commercial, industrial or public uses.

(f) Notwithstanding the above, a dish antenna that is less than two feet in diameter may be mounted anywhere on a building and need not be screened.

(g) The height of a ground-mounted antenna tower shall not exceed 40 feet. An amateur radio type of antenna mounted on such tower may extend a maximum of 15 feet above the top of the tower.

(h) Portable dish antennas (not permanently mounted on a building or permanently affixed to the ground) are prohibited in all residential zoning districts, except for demonstration purposes only, which may remain on a lot for a period not to exceed 48 hours.

C. Buffers.

(1) Purpose. The purpose of buffer areas shall be to protect residential areas from the potential adverse impacts of adjacent nonresidential uses through screening and landscaping.

(2) Applicability. When a nonresidential development abuts a residentially zoned property or use, a landscaped buffer constructed in accordance with the following standards shall be installed along any side or rear property line adjacent to the residential zone. Nonresidential uses within the C-1 District shall be exempt from the requirements of this section.

(3) Width. The width of the buffer shall be calculated as follows:

(a) The side yard buffer width shall be equal to a minimum of 20% of the average width of the lot to a maximum required depth of 50 feet.

(b) The rear yard buffer width shall be equal to a minimum of 20% of the average depth of the lot to a maximum required depth of 50 feet.

(c) When a parcel has a depth or width of less than 250 feet, the Planning Board may permit a reduction in the required width of either a side or rear yard buffer to a minimum of 15 feet upon a finding that a greater width would be inappropriate or impractical due to the depth, width, shape or character of the parcel.

(d) Where the buffer width is reduced, an opaque fence six feet in height shall be required for the entire length of the reduced buffer strip.

(4) Required plantings. Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained consisting of a combination of evergreens and deciduous trees or shrubs of at least five feet in height that will continuously restrict a clear view into the nonresidential development from the adjacent residential zone. Buffer plantings shall also conform to the standards of § 335-45 of this chapter. Berms should be used in buffer areas when determined appropriate by the Planning Board.

D. Child-care centers, day-care centers, and family day-care homes.

(1) All facilities shall be licensed by the New Jersey Department of Human Services and shall also adhere to the following applicable regulations. Where the following regulations conflict with regulations of the Department of Human Services, the Department of Human Services regulations shall prevail.

(2) Zoning and design requirements:

(a) A "family day-care home" shall be services provided in residences as an accessory use for less than six children and shall comply with the requirements of each residential zoning district.

(b) "Child-care centers" and "day-care centers" for six or more persons shall be designed as a principal use where they are permitted [except as allowed in Subsection D(3)(b) below] and shall adhere to the following regulations, which regulations shall be considered zoning requirements, and, in the case of a conditional use, conditions precedent to allowing the use as a conditional use.

(c) Lot size. The lot sizes shall be as follows:

[1] In residential zones, a minimum of 0.75 acre.

[2] In nonresidential zones, a minimum of 0.5 acre.

(d) In order to minimize the impact on the character of a residential neighborhood, the maximum enrollment for any facility in a residential zoning district shall be 100 children at one time. There shall be no maximum enrollment in a nonresidential zone.

(e) Location. In order to minimize the impact on the character of a residential neighborhood, a property located in a residential zone shall be adjacent to and have driveway access to an arterial or collector street where the area is already impacted by traffic to a greater extent than more interior portions of a residential neighborhood. A property located in a nonresidential zone may have access to any street.

(f) Minimum dimensions. The minimum dimensions shall be as follows:

[1] Lot width: 100 feet.

[2] Lot depth: 150 feet.

[3] Front yard: 45 feet (see § 335-77Q).

[4] Side yard: 25 feet (see § 335-77Q).

[5] Rear yard: 40 feet (see § 335-77Q).

(g) Maximum building height. The maximum building height shall be one story and not to exceed 20 feet when the building contains only the one principal use. Where the center is in a multi-use facility as permitted in nonresidential districts, the building height shall be limited to the requirements of the zoning district in which it is located.

(h) Minimum off-street parking. The minimum off-street parking shall be four spaces, plus one space for each school vehicle, but in any event not less than either two spaces per teacher and teacher's aide or 0.2 space per student based on the state's approved capacity of the facility, whichever is less.

(i) Minimum drop off area. An on-site area shall be provided separate from the parking spaces for temporary parking for people to drop off and pick up children. A minimum of 10 perpendicular parking spaces shall be available for this purpose. The area shall be a minimum length of 75 feet if designed for parallel parking. Said area shall abut a sidewalk leading into the building so students leaving vehicles do not have to walk along or cross a street, parking lot, loading area, driveway or aisle.

(j) Maximum floor area ratio. The maximum floor area ratio shall be 0.15 in a residential zone and 0.20 in a nonresidential zone.

(k) Minimum recreation area. All outdoor recreation areas shall be fenced and no closer to any lot line than 20 feet. All recreation areas shall be screened from adjoining lots by massed evergreens spaced so as to provide a dense visual screen to buffer the center's activities from adjacent residences. The amount of outdoor recreation area shall be based on the requirements of the New Jersey Department of Human Services.

(3) Additional requirements in nonresidential districts:

(a) Family day-care homes are not permitted. A child-care center and a day-care center ("center") may be designed as a principal use on its own lot and shall adhere to the regulations set forth in Subsection D(2) above, provided that the setbacks for recreation areas measured from adjacent street rights-of-way, nonresidential parking and loading areas and driveways and internal roads serving nonresidential uses shall be at least 20 feet with this area planted with evergreen material spaced so as to provide a dense visual screen. The recreation area shall be enclosed with a fence at least five feet high. Where a center is part of a complex which shares parking spaces with other uses, the floor area of the center need not be included in calculating the number of parking spaces to be constructed, but the site plan shall show the location of the parking spaces that are not required to be constructed but which are generated by the gross floor area of the center, in the event that the square footage of the center is occupied by some other use in the future. Where a child-care/day-care center is a stand-alone facility and has its own parking facilities, the number of spaces shall be based on the schedule above.

(b) Child care centers and day-care centers ("center") may also be located within a building whose principal use(s) is, or are, permitted nonresidential uses, provided that the building and lot meet all the area, dimensional, setback, floor area ratio and other bulk criteria for the district in which the building is located. In addition, the site shall be required to provide a dropoff area for the center consistent with Subsection D(2)(i) above. The off-street parking required to be constructed shall be based on the gross floor area of the nonresidential building, excluding the area for the center, but the site plan shall show the location of the parking spaces that are not required to be constructed but which are generated by the gross floor area of the center, in the event that the square footage of center is occupied by some other use in the future.

E. Existing uses and exceptions.

(1) Except as specified in § 335-77I, any use, building or structure legally existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.

(2) Setback exceptions.

(a) Projections into required yard area. All open areas and yards shall be maintained with no portion of such area utilized for building or paved purposes other than permitted accessory uses and required facilities as set forth in this chapter such as driveways and off-street parking, and except that minor projections from an existing building, where the projection uses the building for support, may extend into any yard not more than three feet but in any event not closer than 10 feet to a property line. Such minor projections are considered ornamental elements such as cornices, eaves, gutters and roof overhangs, chimneys (including wooden framed chimney chases), bow windows and porch steps but exclude walls extending above cantilevered construction.

(b) Increased or decreased setbacks of principal residential building. Where a principal building or structure is being constructed in a residential neighborhood with established setbacks different from those required in this chapter for the district in which the property is located, the new building or structure may be located closer to the street right-of-way by decreasing the minimum front yard setback by no more than 10% or five feet, whichever is less, but be no closer to the street right-of-way than 20 feet in any event. In instances where the prevailing setback is greater than the minimum requirement, the new building or structure may be required to be set back farther than the minimum front yard setback by no more than 10 percent or five feet, whichever is less. The prevailing setback shall be the average setback of either three principal buildings on each side of the lot in question or the number of principal buildings within 200 feet on each side of the lot in question, whichever measurement incorporates the most number of principal buildings, except that in no event shall the measurements be required to cross a street.

(3) Building height exceptions. All building and structures shall be subject to the maximum height regulations, except chimneys, spires, towers, elevator penthouses, solar panels, water tanks, antennas and flagpoles, except that the height of any such projection shall not be greater than 10 feet above or 10% above the maximum height permitted for the particular use and the height shall not be greater than its setback from any lot line. Water storage tanks/towers in any district may be constructed to a height not to exceed 120 feet.

F. Fences and walls.

(1) General.

(a) Fences and walls shall not be located in any required sight triangle and shall be set back the minimum distances required in this chapter, or such greater setback that will assure proper sight distances at driveways and around street curves.

(b) Fences and walls shall be constructed to permit natural drainage and shall not block the flow of surface water.

(c) Fences and walls topped with barbed wire, razor wire, broken glass or similar material, or that are electrically charged shall be prohibited in association with residential uses.

(d) Short pointed, canvas, cloth, poultry netting and temporary fencing such as, but not limited to, snow fencing, expandable, collapsible and similar materials are prohibited as either a type of fence or wall or as an attachment to a fence or wall.

(e) Fences and walls shall not be permitted to be used for signage or other displays and/or, advertising, except that a major development may seek approval for a landscaped wall as an integral part of the design of the entrance to the development, including the name of the development.

(f) The finished side of any fence or wall shall face outward. The total height of the fence or wall shall not include any slight undulation of the ground.

(g) Fences on abutting properties located along a common lot line shall either abut one another or have at least a thirty-inch separation.

(h) All fences and walls shall be constructed for permanency. No temporary fences and walls are permitted.

(i) No living fence shall be permitted to encroach on a sidewalk, lot line or sight triangle. Plant materials within a living fence shall be located to ensure that as the vegetation matures it will be a sufficient distance from the lot line, sidewalk or sight triangle to prevent any future encroachment and in all cases shall be a minimum of four feet from any lot line, sidewalk or sight triangle boundary.

(j) A construction permit shall be required before installing any fence or wall that is more than eight feet in height other than a living fence. Fences and walls less than eight feet in height require a fence permit. All fences and walls shall be maintained in a safe, sound and upright condition. Upon notification, in writing, that any fence or wall is not safe, sound or upright, the owner shall have 30 days in which to make the necessary repairs. Each day the person fails to obey the order to repair shall constitute a separate violation of the order.

(k) No fence shall be permitted that obstructs the access of maintenance personnel or equipment to a drainage or utility easement.

(2) Single-family and two-family residential.

(a) Fencing around pools shall adhere to the requirements for pools and, to the extent of a conflict with the following, the minimum pool requirements shall be met.

(b) Fences and walls along street(s) with reverse frontage lots shall be on the house side of any berm or buffer area constructed along the street located to the rear of the lot. Said fence shall not be higher than six feet and be no closer to the street right-of-way than 25 feet.

(c) Fences and walls shall be limited to a maximum height of six feet and fences and walls in the front yard shall be prohibited.

(d) Corner lots. Each street shall be considered creating a front yard for setback purposes.

(3) Townhouse and multifamily dwellings.

(a) Fences or walls in common areas shall be shown on the appropriate development plans and shall be subject to site plan review and approval.

(b) Fences or walls for townhouse units shall be subject to the following:

[1] No fence or wall shall be permitted in a front yard of any individual unit.

[2] Fences shall be permitted in the side yards of end units, provided that no fence shall be located beyond the side-yard building setback line.

[3] Fences shall be permitted in rear yards, provided that no fence shall encroach on any property line, easement or emergency access right-of-way.

[4] No fence shall obstruct access to the yard area of any other unit.

(c) No fence shall be higher than six feet with the exception of fences enclosing tennis courts, swimming pools or similar common facilities that have been approved by the appropriate reviewing authorities through the design review and permitting process.

(4) Nonresidential, schools, recreation and public uses.

(a) Fences and walls associated with nonresidential uses may have heights no greater than eight feet. All fencing shall be shown on an approved site plan. Fences around utility installations or areas with hazards may be topped with barbed wire.

(b) Subject to assuring proper sight distances as set forth in Subsection F(1)(a) above, fencing may be located up to interior lot lines but be no closer than either 20 feet to the edge of the street pavement (curbline) or 10 feet from the street right-of-way, whichever is greater, along nonresidential streets.

(c) The location and design details of any proposed fencing shall be shown and approved on a site plan before the fence is installed.

(d) Sound barriers installed in conjunction with a nonresidential use shall be exempt from the height restrictions of this section upon a showing through the appropriate technical analysis that a height in excess of that otherwise permitted is required to attain compliance with New Jersey Department of Environmental Protection regulations for sound abatement.

G. Historic/Architectural District. (Reserved)

H. (Reserved)

I. Nonconforming uses, structures or lots. The lawful use of land, buildings, signs or other structures existing when this chapter was adopted may be continued even though they may not conform to this chapter. Any structure with a lawful, nonconforming use may be restored or repaired in the event of partial destruction thereof, provided that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located, and a nonconforming lot shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.

(1) Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, or if a nonconforming use involving a structure is discontinued or if a nonconforming use of land without structure(s) ceases for a period of time indicating an intent to abandon. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

(2) Conversion to permitted use. Any nonconforming building, sign, structure or use may be changed to conform to this chapter but shall not thereafter be changed back to a nonconforming status.

(3) Maintenance may be performed on a nonconforming use, sign, structure or lot, provided that the maintenance work does not change the use, expand the building, sign, structure or their functional use, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.

(4) Nonconforming lots and structures. (See § 335-47, Lots, and § 335-77H.) On any lot where an existing sign or structure on a conforming or nonconforming lot violates any yard requirements, additions to the principal building and/or an accessory building may be constructed without an appeal for a variance, provided that the floor area ratio (if applicable) and/or the permitted building and lot coverage are not exceeded and the accessory building and/or the addition to the principal building do not violate any requirements of this chapter such as, but not limited to, setbacks and height.

(5) Restoration and repairs.

(a) Any nonconforming building, structure, sign or use which has been condemned for whatever reason or has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Code Enforcement Officer. If in the opinion of the Code Enforcement Officer the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of the applicable variance(s).

(b) Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area, setbacks, floor area ratio and bulk of the original structure.

(c) The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.

(6) Sale. Any nonconforming use, structure, sign or lot may be sold and continue to function in the same nonconforming manner, but each and every change in the nature of the use or structure shall require a certificate of occupancy. Where the Code Enforcement Officer is unclear whether the proposed change either conforms to these regulations or is a use so similar to the preceding use that the new use may be considered a continuation of the previous use, the matter shall be referred to the Board for an interpretation.

J. Off-street parking and loading requirements. See also § 335-53.

(1) Flex space, mixed uses, and applications for fewer parking spaces.

(a) In any flex space or mixed-use building, the total off-street parking and loading to be constructed shall be the sum required for the component uses as measured by the gross floor area devoted to each use. Hallways, bathrooms, elevators and similar common elements shall either be assigned to the most intense use they abut or shall be calculated as if part of an office use.

(b) In the event that one use is converted to another and additional parking is required for the proposed use, the applicant shall indicate on the site plan where the additional parking is to be provided.

(c) Where the total number of proposed off-street parking spaces is less than required, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than 65% of the required parking spaces, be completed initially subject to the following regulations:

[1] The site plan shall clearly indicate both that portion of the parking to be initially paved and the additional area needed to provide the total parking needed to meet this chapter.

[2] The site plan shall provide adequate drainage facilities for both the partial and total parking area.

[3] Any portion of the parking area not paved initially shall be landscaped in accordance with § 335-77C.

[4] Where an applicant has received approval to construct fewer parking spaces than the proposed use requires under this chapter, the applicant shall post separate performance guaranties, in addition to the performance guaranties required under § 335-14, Guaranties and inspections, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required under this chapter.

[5] Where an applicant has received approval and will reconstruct all the required parking for the proposed use(s), but these use(s), do not create the highest parking demand as would other uses permitted under this chapter, yet the plan has been designed to provide additional spaces to meet the highest demand should a change in use be requested in the future, no performance guaranty shall be required to construct the future parking, it being recognized that a future applicant will assume that responsibility.

[6] Where a plan has been approved under Subsection J(1)(c)[1] and [4] above in lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either install the additional parking shown on the site plan and apply for issuance of the permanent certificate of occupancy or apply to the approving authority after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the approving authority determines that the parking facility is adequate as originally constructed, the performance guaranty(ies) shall be released and a permanent certificate of occupancy issued. If, however, the approving authority determines that the partial off-street parking area is not adequate, the applicant shall be required to install such additional parking facilities as needed in accordance with the terms of the performance guaranty(ies) prior to issuance of a permanent certificate of occupancy.

[7] Any change of use on a site for which the approving authority may have approved a partial parking area shall require submission of a new site plan.

(2) Location of parking and loading areas.

(a) Parking and loading spaces shall be located on the same lot as the use being served and shall have access via an on-site aisle or driveway. No parking space shall access an entrance drive from a public street unless located at least 10 feet from the street right-of-way. No off-street parking or loading space shall have direct access from a street.

(b) No loading and parking spaces shall be located in any required buffer area.

(c) Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 400 feet of commercial/industrial uses.

(d) Other than driveways for detached single-family homes, uses having parking lots for more than six vehicles or having at least one loading space shall have all aisles and spaces set back at least 20 feet from any lot line and street right-of-way.

(3) Drive-up window services. Any business having drive-up window services shall provide at least one bypass lane and a separate approach lane for each window with stacking capacity for at least eight vehicles, and the bypass lane(s) and approach lanes shall be separate from and not interfere with other parking, driveway and circulation features of the site.

(4) Minimum off-street parking and loading spaces shall be provided as follows. For any use that is not listed below, the parking requirement shall comply with the most similar use noted in the following list. Where no reasonably similar use or combination of uses is listed below, the applicant and the approving authority shall develop an appropriate parking ratio based on published data and/or testimony provided by a traffic engineer. "GFA" means gross floor area, and "sf" or "sq. ft." means square feet.[1]

[1] Editor's Note: The Schedule of Minimum Off-Street Parking and Loading Spaces can be found at the end of this chapter.

K. Pinelands.

(1) In addition to other development review procedures and design requirements of the Borough of Berlin, all development located in the Pinelands Protection Area shall comply with the provisions of this section in addition to the other requirements of this chapter. Where there is a conflict with any requirements of the Pinelands Commission, the Pinelands provisions shall supersede the local requirements.

(a) All development in Districts PR-1, PR-2, PC-2, PC-3, and PI-3 (areas of the Borough in the Pinelands Protection Area) shall comply with pinelands development standards, the zoning and design standards set forth in this chapter, the special procedures regarding development in the Pinelands Area and a lot area of at least one acre unless served by a centralized wastewater treatment plant.

(2) Wetlands.

(a) Uses. No development in the Pinelands Area shall be permitted in a wetland or a wetlands transition area except for the following uses:

[1] Horticulture of native Pinelands species and berry agriculture in accordance with Subsection K(6) below.

[2] Beekeeping.

[3] Forestry in accordance with N.J.A.C. 7:50-6.41 et seq.

[4] Fish and wildlife management and wetlands management in accordance with N.J.A.C. 7:50-6.10.

[5] Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming, and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsections K(2)(b) and (c) hereof.

[6] Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetlands as set forth in Subsections K(2)(b) and (c) hereof.

[7] Commercial or public docks, piers, moorings and boat launches, provided that:

[a] There is a demonstrated need for the facility that cannot be met by existing facilities.

[b] The development conforms to all state and federal regulations.

[c] The development will not result in a significant adverse impact on the wetland as set forth in Subsections K(2)(b) and (c) hereof.

[8] Bridges, roads, trails and utility transmission and distribution facilities, provided that:

[a] There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route or site which results in less significant adverse impacts on wetlands does not exist;

[b] The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

[c] The use represents a need which overrides the importance of protecting the wetland;

[d] Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

[e] The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

(b) Performance standards. No development, except for those uses which are specifically authorized in Subsection K(2)(a)[1] through [3] above shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.

(c) A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:

[1] An increase in surface water runoff discharging into a wetland.

[2] A change in the normal seasonal flow patterns in the wetland.

[3] An alteration of the water table in the wetland.

[4] An increase in erosion resulting in increased sedimentation in the wetland.

[5] A change in the natural chemistry of the ground- or surface water in the wetland.

[6] A loss of wetland habitat.

[7] A reduction in wetland habitat diversity.

[8] A change in wetlands species composition.

[9] A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.

(d) Determination under Subsection K(2)(c) above shall consider the cumulative modifications of the wetland due to the development being proposed and any existing or potential development which may affect the wetlands.

(3) Vegetation and landscaping.

(a) All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

(b) Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

[1] Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated.

[2] Revegetate or landscape areas temporarily cleared and disturbed during development activities.

(c) All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection K(3)(d) below.

(d) In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection K(3)(c) above or required pursuant to other provisions of this chapter shall incorporate the following:

[1] The limits of clearing shall be identified.

[2] Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape plan where practical.

[3] Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns, except when directly associated with and adjacent to a proposed structure.

[4] Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[a] When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25.

[b] For limited ornamental purposes around buildings and other structures.

[c] When limited use of other shrubs or tree species is required for proper screening or buffering.

(e) Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

(4) Fish and wildlife.

(a) Protection of threatened or endangered wildlife required. No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

(b) Protection of wildlife habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to district fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

(5) Forestry.

(a) Application requirements. Any application for approval of forestry operations shall be subject to the requirements of N.J.A.C. 7:50-6.43.

(b) Forestry standards. Forestry in the Pinelands Area shall be carried out in accordance with the standards set forth in N.J.A.C. 7:50-6.45.

(c) Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

(6) Recommended management practices for agriculture. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

(7) Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

(8) Water quality. Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

(a) Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections K(8)(b) through (e) below, provided that:

[1] Development of new or expansion of existing commercial, industrial and wastewater treatment facilities, provided that:

[a] There will be no direct discharge into any surface body of water.

[b] All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.

[c] All public wastewater treatment facilities are designed to accept and treat septate.

[d] All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

[2] Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing onsite wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection K(8)(a)[1](b) above, provided that:

[a] There will be no direct discharge into any surface body of water.

[b] The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.

[c] Adherence to Subsection K(8)(a)[1](b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standards will result in excessive user fees.

[d] The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

[3] Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

[a] There is no practical alternative available that would adhere to the standards of Subsection K(8)(a)[1] above.

[b] There is no increase in the existing approved capacity of the facility.

[c] All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

[4] Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[a] The proposed development to be served by the system is otherwise permitted pursuant to this chapter.

[b] The design of the system and the size of the entire contiguous parcel on which the system is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection K(8)(a)[4][c] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.

[c] Only contiguous lands located within the same zoning district and Pinelands Management Area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or fewer existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.

[d] The depth to seasonal high-water table is at least five feet.

[e] Any potable water well will be drilled and cased to a depth of at least 100 feet unless the well penetrates an impermeable clay acquiclude, in which case the well shall be cased to at least 50 feet.

[f] The system will be maintained and inspected in accordance with the requirements of Subsection K(8)(b) below.

[g] The technology has been approved by the New Jersey Department of Environmental Protection.

[h] Flow valves for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that the number of employees may not be utilized in calculating flow values for offices uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

[5] Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

[a] The standards are set forth in Subsection K(8)(a)[4][a] and [c] through [h] above are met.

[b] The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection K(8)(a)[4][c] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.

[6] Surface water runoff, provided that the requirements of Chapter 336, Article II are met.

(b) Individual wastewater treatment facility and petroleum tank maintenance.

[1] The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:

[a] Have the facility inspected by a technician at least once every three years.

[b] Have the facility cleaned at least once every three years.

[c] Once every three years submit to the Board of Health serving the Borough of Berlin a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

[2] The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986 (see N.J.S.A. 58:10A-21).

(c) Prohibited chemicals and materials.

[1] Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface or ground- or surface water or any land:

[a] Septic tank cleaners.

[b] Waste oil.

[2] All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.

[3] No person shall apply any herbicide to any road or public right-of-way within the Pinelands Area unless necessary to protect adjacent agricultural activity.

(d) Water management.

[1] Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

[2] A diversion within the Pinelands Area portion of Berlin Borough that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection K(8)(d)[2][a] and [b] below, or outside of either basin, shall be prohibited.

[a] The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

[b] The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

[3] A diversion within the Pinelands Area portion of Berlin Borough involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection K(8)(d)[2][a] and [b] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection K(8)(d)[4] below.

[4] Within the Pinelands Area portion of Berlin Borough a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection K(8)(d)[4][c] through [f] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

[a] When evaluating whether the proposed diversion meets the criteria set forth at Subsection K(8)(d)[4][c] through [f] below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

[b] The standards set forth at Subsection K(8)(d)[4][c] through [f] below shall not apply to:

[i] A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[A] Be approximately the same depth as the existing well;

[B] Divert from the same aquifer as the existing well;

[C] Have the same or lesser pump capacity as the existing well; and

[D] Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

[ii] Any proposed diversion that is exclusively for agricultural or horticultural use; or

[iii] Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.

[c] A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; and Rural Development Area.

[d] A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

[e] A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

[f] An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

(e) Minimum standards to protect and preserve water quality.

[1] All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained.

[2] Except as specifically authorized in this section, no development shall be permitted which degrades surface and ground water quality.

[3] No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

(9) Scenic.

(a) Sign standards. All signs in the Pinelands Area shall comply with the following standards:

[1] No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or physical or lighting change, shall be permitted.

[2] No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted.

[3] Except for existing lawful off-site commercial advertising signs in existence as of January 14, 1981, no outdoor, off-site commercial advertising sign shall be permitted.

[4] Any existing sign which does not conform to Subsection K(9)(a)[1] and [2] hereof shall be removed immediately. Any existing sign which does not conform to Subsection K(9)(a)[3] above shall be removed no later than December 5, 1996.

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

(b) Motor vehicle screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

(c) Location of utilities.

[1] No utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

[2] Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with § 335-77C.

[3] All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

(10) Fire management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in N.J.A.C. 7:50-6.123 unless such development complies with the following standards:

(a) All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

(b) The rights-of-way of all roads will be maintained so that they provide an efficient firebreak.

(c) A fire hazard fuel break will be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

[1] In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] All dead plant material is removed.

[2] In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] All dead plant material is removed.

[3] In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] No pine tree (Pinus species) is closer than 25 feet to another pine tree; and

[c] All dead plant material is removed.

(d) All structures will meet the following specifications:

[1] Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos-cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.

[2] All projections such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.

[3] Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.

[4] Flat roofs are prohibited in areas where vegetation is higher than the roof.

(e) All residential development of 100 dwelling units or more in high or extremely high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:

[1] Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned on an annual basis.

[2] All dead plant material is removed.

[3] Roads, rights-of-way, wetlands and waste disposal sites shall be used as firebreaks to the maximum extent practical.

[4] There is a specific program for maintenance.

(11) Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:506.144(a)1 to 3 and with the New Jersey Department of Environmental Protection's publication Administration Guidelines: Barrier Free Design Standards for Parks and Recreation Facilities.

(12) Historic resource preservation.

(a) The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body for designation of historic resources in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection K(12)(e)[2] below.

(b) Authority to issue certificates of appropriateness. The Planning Board shall issue all certificates of appropriateness.

(c) Certificates of appropriateness shall be required for the following:

[1] Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible.

[2] Development not otherwise exempted from review pursuant to Subsection K(12)(e) below.

(d) Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

(e) A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts, a thorough search of state, local and any other pertinent inventories to identify sites of potential significance, a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area, thorough pedestrian and natural resources surveys; archaeological testing, as necessary, to provide reasonable evidence of the presence or absence of historic resources of significance, adequate recording of the information gained and methodologies and sources used and a list of personnel involved and qualifications of the person(s) performing the survey.

[1] This requirement may be waived by the local approval agency if:

[a] There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

[b] The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture.

[c] The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection K(12)(e)[2] below.

[2] A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

[a] The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or Pinelands.

[b] The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or Pinelands.

[c] The presence of structures that represent the work of a master or that possess high artistic values or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or Pinelands, although its components may lack individual distinction.

[d] The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

(f) The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board.

(g) The effect of the issuance of a certificate of appropriateness is as follows:

[1] All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness, except as provided in Subsection K(12)(g)[2] below.

[2] A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection K(12)(e) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

(h) The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

[1] A narrative description of the resource and its cultural environment.

[2] Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources.

[3] A site plan depicting in correct scale the location of all buildings, structures and engineering resources.

[4] A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

(i) If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (36 CFR 66).

(13) Energy conservation. All development shall be carried out in a manner which promotes energy conservation. Such measures may include southern orientation of buildings, landscaping to permit solar access and energy-conserving building materials.

(14) Air quality. All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Applications for residential development of 50 or more units and any other development involving more than 100 parking spaces located in the Borough shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

(15) The height limitations specified in the schedule of area, yard and building requirements shall not apply to the antenna and any supporting structure of a local communication facility of greater than 335 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

(16) Residential density with Pinelands development credits.

(a) Residential density in the PR-1 and PR-2 Zones shall not exceed 2.0 units per acre, except through the applicant's proof of ownership of Pinelands development credits in which case the density shall not exceed 3.0 units per acre.

(b) A bonus of one residential unit shall be yielded for every 0.25 of a Pinelands development credit redeemed. In no event shall the number of residential units to be constructed exceed the maximum density of 3.0 units per acre.

(c) No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 335-28D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

(d) No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence or recordation of a restriction on the deed to the land from which the development credits were obtained. Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the uses set forth in N.J.A.C. 7:50-5.47.

(e) In the event that Pinelands development credits have been used to secure an increase in density not associated with the particular project receiving and approval from Berlin Borough, said approval is deemed to be null and void.

(f) All applications for development in which Pinelands development credits are to be utilized shall be subject to review and approval by the Berlin Borough Planning Board.

(g) Pinelands development credits may be used in the Borough in the following manner:

[1] To permit development of parcels of land in the PR-1 District in accordance with the density and lot area requirements set forth in the Schedule of Density, Bulk and Yard Requirements in the R-1 and PR-1 Districts;[2]

[2] Editor's Note: The Schedule of Density, Bulk and Yard Requirements is included at the end of this chapter.

[2] When a variance of density or minimum lot area requirements for the PR-1 or PR-2 Districts is granted by the Borough, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;

[3] When a variance or other approval for the development of a nonresidential use not otherwise permitted in the PR-1 District is granted by the Borough, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the PR-1 District for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size; this requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2;

[4] When a variance or other approval for the development of a residential use in the PC-2, PC-3 or PI-3 Districts is granted by the Borough, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size; and

[5] When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

L. Principal uses in the Pinelands Area. Except as noted herein, no lot in the area of the Borough within the Pinelands Protection Area shall have erected upon it more than one principal permitted use and no more than one principal building. The exceptions shall be shopping centers, apartment or townhouse complexes, condominiums projects and industrial, business or office complexes, all receiving subdivision and/or site plan approval(s) with the plats showing the location of all buildings. Developments with multiple buildings and uses such as these may be approved on one lot, provided that each principal building and its accessory buildings are designed and spaced on the tract so they would allow a conforming subdivision at some future date (such as might occur for financing or other reasons) by having the required street frontage, not exceeding the applicable floor area ratio and meeting the minimum lot size, lot dimensions, yards, parking, coverage and similar zoning and bulk requirements.

M. Prohibited uses. Other uses not expressly permitted in this chapter are prohibited, including but not limited to:

(1) Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibrations or waste products.

(2) Junkyards.

(3) Adult bookstores and related establishments.

(4) The use of any portable building or structure, stationary vehicle or stand of any description for the purpose of displaying or selling food, merchandise or commodities of any kind.

(5) (Reserved)

(6) (Reserved)

(7) Trucks and commercial vehicle parking. The parking of large trucks, construction vehicles, flatbeds, school buses and other nonresidential vehicles shall be prohibited in residential zones, except as may be allowed and regulated by the more restrictive provisions of either in § 335-77V and Chapter 309, Trailers and camp cars, of the Code of the Borough of Berlin.

N. Recreation vehicles.

(1) Any recreational vehicle parked on a lot shall be owned by the resident of that lot and shall not be occupied for living purposes.

(2) The number of recreational vehicles parked outside a garage shall be limited to one per lot or, in the case of small vehicles mounted on a trailer, one trailer per lot.

(3) No trailer used to transport recreational vehicles may be parked or stored on site empty unless in an enclosed building such as a garage. All recreational vehicles which require a trailer to transport them shall be mounted on a trailer at all times if the recreational vehicle is parked or stored outside an enclosed building. No recreational vehicle parked or stored outside an enclosed building shall be mounted on blocks, framing or other structure other than the trailer used to transport the recreational vehicle.

(4) A parked or stored recreation vehicle shall be required to be located in the rear and side yard of the residential property of the owner of the recreation vehicle. No recreation vehicle shall be permitted to be stored or parked in a front yard, including the driveways located in a front yard, and none shall be permitted to be parked or stored on public property, including a public street or other right-of-way.

O. Sales offices/model homes. Residential developments involving the construction of more than 10 new dwelling units are permitted to operate one sales office from either a model home or a temporary sales trailer in any residential district during the time new dwelling units are being offered for sale in that development. Such sales office shall be operated only for the purpose of selling new dwelling units in the development where the sales office is located and shall not operate as a real estate or sales office for either dwelling units or properties located elsewhere. When contracts of sale have been executed for all dwelling units in the development, the sales office shall be vacated no later than 30 days after the last contract of sale has been executed or the issuance of a certificate of occupancy for the last structure in the development, whichever occurs first. In developments offering more than one housing type, i.e., detached single-family homes and townhouses, one sales office may be located in a model of each housing type except that no more than one temporary sales trailer may be permitted and no more than three sales offices in total may be operated as part of any residential development.

(1) The sales office shall be situated on a lot or in a structure which was approved as part of the development and the structure (either the model home or the temporary sales trailer) shall meet all setback requirements.

(2) The sales office shall receive site plan approval from the Zoning Officer prior to placing the structure on the site for the purpose of reviewing and approving off-street parking (minimum eight spaces), lighting in the event evening hours are intended and a landscaping plan.

(3) Where a temporary sales trailer is to be used, site plan approval by the Zoning Officer shall include the requirement to execute a developer's agreement with a performance bond to secure the removal of the trailer and any related temporary structures, regrading the site, removal of any pavement, landscaping and other improvements that will not remain for the permanent structure and soil stabilization. Said work shall begin within 30 days and be completed within 90 days of the termination of operations as set forth above.

P. Service stations. (See definition.)[3] Service stations are intended to be facilities which offer retail services and vehicle supplies to motorists along a highway. It is not intended that service stations be interpreted to mean larger or more intense commercial or industrial operations, such as vehicle towing operations, major centers for vehicle or other equipment rentals, sites to store, repair or rebuild vehicles that have been hauled, impounded or otherwise abandoned or junk/scrap yards.

(1) All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no scrap material, dismantled parts or supplies shall be placed or stored outside.

(2) All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least 60 feet and from any other property line at least 50 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.

(3) No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. Other than employees' vehicles, no more than six motor vehicles may be located outside a service station building for a period not to exceed five days, provided the owners are awaiting the repair of said motor vehicles.

(4) The incidental exterior display and parking of equipment for rent or sale shall be permitted, provided that the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed 20% of the total area of the entire site; all rental equipment is stored/parked within a designated area delineated on the approved site plan to be separate from the principal service station activities so as not to interfere with the off-street parking and traffic circulation required for the service station and the maximum sign area for a service station is not exceeded.

(5) It is intended that service stations be designed compatibly with other permitted commercial or industrial uses in the zone in which they are located, that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall be designed to recognize the turning movements generated. These access points shall be coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

[3] Editor's Note: See § 335-2, Definitions and word usage.

Q. Supplemental setback requirements. The purpose of the standards in this section is to provide for additional setbacks from transportation and electric transmission rights-of-way to protect adjoining uses from the hazards and impacts unique to these uses. These hazards and impacts include the visual impact of structures associated with these facilities, hazards related to the operation of vehicles and equipment and the presence of high voltage lines and related appurtenances. These supplemental setback requirements are as follows:

(1) The setback otherwise required for any front, side or rear yard abutting an arterial street, a collector street or a railroad shall be increased by a dimension equal to 25 feet.

(2) No structure used for human occupancy, including but not limited to residential, business, industrial, educational and public uses, shall be located within 200 feet of an electric transmission line right-of-way.

R. Signs and other forms of advertising. No sign of any type shall be permitted to be located in a sight triangle or to obstruct driving vision, traffic signals, and traffic direction and identification signs nor to obscure light or air from a building. All signs shall require a sign permit. All signs shall be constructed and anchored in accordance with applicable construction codes.

(1) Prohibited signs and other forms of advertising. The following shall be prohibited:

(a) Signs that are stapled, pasted, painted or otherwise permanently attached to trees, utility poles, fences, rocks, curbs, walls, lamps, hydrants, benches or bridges.

(b) Animated, flashing and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited, including the outlining of windows, doors, wall panels or similar sections of a facade with lights, except a sign alternately showing the time and temperature is permitted where each sequence remains fixed for at least three seconds.

(c) Tethered balloons, banners [other than permitted for promotional signs in Subsection R(9)(d) below], kites, inflatable objects and similar tethered objects.

(d) Pennants; nongovernment flags; strings of lights; exposed neon, fluorescent, laser, fiber optic or similar forms of light tubes (other than where the light tubes are an integral part of a sign included in the sign area); or other materials strung on or around the lot.

(e) Freestanding signs not permanently anchored into the ground, such as tripods, A-frames, signs on trailers or similar portable structures used as signs, except mobile signs are permitted pursuant to § 218-16, Fee schedule, of the Code of the Borough of Berlin.

(f) Search lights.

(g) Signs such as, but not limited to, various professional services, piano tuning, lawn care, house painting and home repairs, located on residential properties where the sign advertises the occupation of the resident but the business and/or service is conducted at another location.

(h) Signs advertising or identifying a business or use no longer in existence or a product no longer available at the property on which it is located.

(i) Any sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter.

(j) Signs with any lighting or control mechanism which may cause radio or television interference.

(k) Any sign that is not permanently attached to the ground or a building, including any sign mounted on or attached to a vehicle which is not capable of self-propulsion and registered with the New Jersey Division of Motor Vehicles and any sign that is projected onto a surface such as a movie, video screen or other means.

(2) Attached signs. Signs attached to a building shall be affixed parallel to the wall to which they are attached and the face of the sign shall project no more than 15 inches from the surface of the wall. No sign shall project beyond the corner of a building facade.

(3) Height. The uppermost part of an attached sign shall not exceed the base of the second floor windowsill in a two-or-more-story structure or the base of the roof or 20 feet, whichever is lower, in either a one-story structure or a structure without windows. The uppermost part of a freestanding sign shall not exceed 20 feet unless specified otherwise for specific types of uses in following subsections of this section. The lowest portion of any sign which projects above an area traversed either by motor vehicles or pedestrians shall be at least 15 feet and 10 feet respectively.

(4) Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign shall be permitted to have beam, beacon or flashing illumination. All signs lighted from the exterior shall have the lighting shielded from adjoining lots, streets and interior drives and with the light source angled no closer to the horizontal than two vertical to one horizontal. All lights shall be either shielded or have translucent fixtures to eliminate having the light shine directly into driver's eyes and to reduce off-site effects.

(5) Location. Attached signs may be located so as not to conflict with any height, obstruction to driver vision, obstruction or danger to vehicles or similar regulations of this chapter. Freestanding signs shall be located only in the front yard and shall be no closer to a side lot line than the minimum side yard for the principal building and not located in any sight triangle. These signs shall also comply with the requirements for specific types of uses in the following subsections of this section. No sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m. the following morning unless the business or use so advertised is open to the public later than 10:00 p.m., in which case the establishment may keep its sign illuminated until the business closes but not after. Each business with an approved individual site plan with at least 50 feet of indigenous street frontage may have one freestanding sign on each street frontage for front yards only. The signs shall not be larger than 1/2 square foot of sign per linear front yard foot of the building, with a maximum of 150 square feet of area, and shall be placed within the property lines of the premises to which they relate.

(6) Permanency and maintenance. Signs and the area surrounding the signs shall be maintained in good condition and not allowed to become dilapidated or unkempt. Signs shall consist of permanent materials. Clip-on letters, attached banners or similar temporary or changeable components shall be prohibited.

(7) Sign area and dimensions. Sign area shall include lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed. The sign area shall be measured to the outside edges of the frame, or background but not including any supporting framework and bracing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used. Street number designations, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property as private property or no hunting, or similar purposes, and danger signs around utility and other danger areas are permitted but are not to be considered in calculating the sign area.

(8) Sign content. Signs shall be limited to information related to the property on which it is located. Off-site signs are prohibited.

(9) Temporary signs.

(a) Real estate signs. Nonilluminated real estate signs temporarily advertising the sale, rental or lease of the premises shall be, if not attached to the building, set back at least 0.5 the building setback but need not exceed 15 feet from any street and property line. Signs shall not exceed 12 square feet. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. Real estate signs do not require a sign permit. No more than one real estate sign shall be permitted along each street on which the property has frontage. Real estate signs shall be permitted only on the lot which the sign is advertising.

(b) Construction signs. No more than one nonilluminated sign advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials and the professional personnel who worked on the project are permitted on a construction site beginning with the issuance of a sign permit and terminating with the cessation of the work or the completion of the job, whichever comes first. Such signs shall not exceed an area of 12 square feet.

(c) Home repair businesses. One temporary sign indicating the name of the business, phone number and type of service (painting, roofing, etc.) is permitted on the lot where the work is being performed. The sign shall not exceed 12 square feet, be placed in the front yard at least 10 feet from the curb and be removed when the work is completed.

(d) Special event or promotional sign. An applicant shall be required to obtain approval in order to display not more than one special event sign per use announcing or advertising an educational, charitable, professional, civic or religious special event or the opening of a new business, or an unusual event for a business. Said signs may be banner signs. The maximum size shall be 32 square feet, and such a sign may be in place for not more than 30 days.

(e) (Reserved)

(f) New residential developments may have one temporary, on-site sign displaying the name of the development and only when approved as part of the subdivision or site plan application. The sign is permitted to exist only during the period of construction starting with the rough grading of the roads and ending with the issuance of the construction permit for the last dwelling unit. The removal of the sign shall be bonded to assure its removal within 60 days after the issuance of the last construction permit. The sign shall be located on the site of the development, be not more than 32 square feet in area, be placed in an area which is landscaped as approved on the plat, have a height not exceeding five feet, be unlighted and be set back at least 25 feet from the street right-of-way and from adjacent lots.

(10) Informational and direction signs.

(a) Signs containing street number designations, household nameplates, postal boxes, historical markers, directional signs and advisory signs, such as but not limited to "private property," "no soliciting," "no trespassing," "warning dog," shall be permitted provided that they do not exceed two square feet in size.

(b) Pavement markings designed and utilized to control the flow of traffic on property are permitted.

(c) Signs to regulate vehicular and pedestrian traffic are permitted, provided that they meet the standards of the Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation Federal Highway Administration, as amended.

(11) Residential zones. Signs in the residential zone shall be as follows:

(a) Nameplate/street number: maximum two square feet.

(b) Home occupation: no sign permitted.

(c) Apartment or townhouse complex: one sign at each principal entrance to the development but no more than two signs in any event. The sign shall not exceed 50 square feet, be no higher than five feet above street level, be located outside all sight triangles, be set back from any street pavement at least 10 feet and be located within a planted/landscaped area. Parking and other directional signs shall be permitted as approved on the site plan. The sign shall contain only the name of the development and/or a logogram or symbol.

(d) Other nonresidential uses (public and quasi-public), see Subsection R(13) below.

(12) Commercial/industrial uses in nonresidential zoning districts.

(a) Freestanding signs. In addition to any attached sign(s), one freestanding sign shall be permitted for each street frontage for any shopping center, office complex or other business or industrial development (off-site signs are not permitted). Each indigenous street frontage shall be a minimum of 50 feet to allow a freestanding sign, the freestanding signs are only permitted in front yards, and any business or industrial development shall have no more than two freestanding signs. The freestanding sign shall be constructed so that the sign is supported by a single pole, stanchion, beam or similar item (tripod or double-pole supports are not permitted in order to reduce visual clutter).

[1] A freestanding sign shall be set back at least 20 feet from the street right-of-way and the same as the minimum setback for the principal building in side and rear lot yards.

[2] The maximum size of a freestanding sign shall be the smaller of either 10% of the front building facade or 200 square feet, including any tenant signs allowed in Subsection R(12)(a)[4] below.

[3] Freestanding signs may be illuminated.

[4] The copy on a freestanding sign shall be limited to the street number and the name and logo of the business, use or complex it identifies. Tenant directories shall be prohibited, except that the freestanding sign of a shopping center may list the name of each tenant having a gross floor area of 50,000 square feet or greater, provided that said tenant sign shall be limited to an area of between 20 and 40 square feet.

[5] A freestanding sign shall be no higher than 20 feet. The bottom of the sign shall be at least seven feet above grade.

[6] Ground level signs may be erected in lieu of the freestanding sign, provided that the sign does not exceed 40 square feet, be no higher than five feet, be located outside of all sight triangles, be set back from any street right-of-way or driveway pavement at least 10 feet, be located within a planted, landscaped area, only be illuminated internally, have no void between the sign and the ground, state only the name of the business and/or the services and products made or sold on the premises and shall not contain a directory of uses.

(b) Attached signs. Attached signs shall be signs attached to the wall of a building and comply with the following:

[1] Only advertise the name of the business conducted on the premises and/or the services and products produced, made or sold on the premises.

[2] Be internally illuminated, if illuminated.

[3] Not exceed 20 feet or the highest point of the facade of the building to which the sign is attached, whichever is lower.

[4] Number and size of attached signs.

[a] Commercial uses, including shopping centers, retail sales and personal services:

[i] Maximum of one sign per wall for each storefront, facing a public street.

[b] For all permitted and conditional uses other than those in Subsection R(12)(b)[4][a] above, one attached sign per business shall be permitted which sign shall not exceed the requirements for signs located on buildings within 51 feet to 100 feet of the street right-of-way as noted in Subsection R(12)(b)[1] above.

[c] For shopping centers or strip stores: one undercanopy sign for each business use, provided that the dimensions of the signs shall not exceed one foot in width or four feet in length, and they are at least eight feet above the pedestrian walk.

[d] For movie theaters, theaters and sports areas: those signs permitted above, plus one changeable copy sign with a maximum sign area of 100 square feet.

(c) Sales signs.

[1] Businesses having temporary signs advertising or announcing sales or similar special events, products, or merchandise shall be permitted, provided that the signs, in aggregate, do not exceed 20% of the gross glass area of any one wall.

[2] Sales signs shall be affixed to the inside glass surface of any window area.

(d) Display windows. Businesses are permitted display windows provided that the same window has no attached signs to the glass such as permitted in Subsection R(12)(c) above, and the display consists of products sold by the business.

(e) Tenant signs (directory or ladder signs).

[1] Not more than two tenant name signs per place of business may be erected and maintained on the property as set forth below, said sign(s) to identify the occupants of the building and their profession or business.

[2] Individual tenant signs attached to the entrance of a building shall not exceed 1.5 square feet in size per tenant, maximum 12 square feet aggregate with each tenant name having letters no taller than four inches.

[3] Lots having more than one building may have tenant signs aggregated into a directory sign located at or near the main entrance into the building and be either attached to the building or be freestanding not more than 10 feet from the entrance to the building, provided that the resulting directory sign does not exceed one square foot per business or 16 square feet in aggregate, whichever is less, with each tenant name having letters no taller than two inches, and; provided, further, that said directory sign is located at least 50 feet from the curbline of any adjacent street to avoid the sign being read by drivers traveling the adjacent street.

[4] Tenant signs attached to freestanding signs are not allowed except as set forth in Subsection R(12)(a)[4] above.

(13) Public and quasi-public uses (churches, lodges, etc.). One sign with a maximum area of 12 square feet per side shall be permitted. The maximum height of a freestanding sign shall be five feet (less than 2.5 feet if located within a sight triangle) and be set back from any street pavement at least 10 feet. Where a building or lot has frontage on more than one street, one sign may be located on each street.

(14) Pinelands. Within the Pinelands Area, the provisions of § 335-77K(9) shall also be met. To the extent of any inconsistencies or conflicts, the most restrictive requirements shall be met.

(15) Central Business District signs. The following additional performance and design standards shall apply to properties within the Central Business District (C-1) zone and those properties located in the Institutional District with frontage on South White Horse Pike between Berlin-Cross Keys Road and Taunton/East Taunton Avenues. Where the provisions of this Subsection R(15) conflict with another provision of § 335-77R, the provisions herein shall apply within the delineated area.

(a) Design guidelines. The following guidelines should be used in the design of signs for the Central Business District.

[1] Signs should strengthen the architectural integrity of buildings. Signs which obscure a building's architecture should be avoided. Signs should be integrated with a building's architecture in terms of form, materials, color, and size.

[2] Signs should be appropriate for the era in which the building was constructed.

[3] Signs should not alter the way in which a building functions.

[4] Designers should strive for creativity in the form and variety of signage within the size limitations set forth herein.

[5] Designers are strongly encouraged to include symbols, images, and other graphic objects as the main focal point of a sign to convey the type of establishment occupying the premises.

[6] The typeface used to represent words should convey the character of the establishment and the era of the building.

[7] The contrast of a sign's lettering and symbols with its background should be disparate to convey legibility.

(b) Permitted sign types.

[1] Freestanding sign. One freestanding sign may be erected not to exceed 12 square feet in area or six feet in height in a front yard only. No freestanding sign shall be located closer than four feet to a right-of-way line. Freestanding signs shall take the form and ratio of height to width as indicated in the following illustration. Two freestanding signs are permitted with lots having two front yard street frontages.

[2] Attached or projecting sign. One attached or one projecting sign may be erected facing each street frontage. The permitted sign area shall be 5% of the total facade area, or a maximum of 20 square feet, whichever is less.

[3] Establishments with entrances accessible from a rear yard public parking area may have an additional attached sign not to exceed six square feet identifying the rear entrance.

[4] A-frame sign. An A-frame sign for retail establishments conforming to the following:

[a] The sign may be displayed only during business hours.

[b] Each side of the sign may not exceed six square feet in area.

[c] The sign shall consist of a framed chalkboard or tack board. Permanent lettering, excepting the name of the establishment, shall not be permitted.

[d] The location of the sign shall not interfere with pedestrian or vehicular traffic.

[5] Awning signs. An awning sign shall be permitted in lieu of an attached sign in accordance with the size limitations for attached signs.

[6] Changeable copy. Changeable-copy signs shall be permitted for institutional uses, establishments booking live performances, and for service stations selling motor fuel. Such signs shall not exceed 12 square feet in area and shall be integrated with permanent-copy freestanding or attached signs as otherwise permitted.

[7] Directory signs. One directory sign shall be permitted attached to the facade at a main entrance, rear entrance, or stair access to upper floors.

[8] Menu signs. Restaurants or other eating and drinking establishments may erect one additional attached sign for the placement of a menu or other bill of fare, provided the sign does not exceed four square feet in area.

S. Swimming pools and hot tubs.

(1) General provisions applicable to all uses.

(a) No private residential pool or hot tub shall be installed on any lot unless said lot shall contain a residence.

(b) All pools and hot tubs shall be a residential accessory use.

(c) Outdoor hot tubs shall be required to have a cover capable of being locked.

(d) Pools and hot tubs shall otherwise be installed, operated and used in accordance with other health and safety ordinances regarding water filtration, circulation and treatment; fencing; noise; and lighting.

(e) A noncommercial pool may be operated as part of the common property of a homeowners' association for the use and enjoyment of the residents of a specific development. Pools operated by a homeowners' association shall be located as approved on a subdivision and site plan for that residential development.

(2) Single-family.

(a) Any pool or hot tub shall be located only in the side or rear yard of a single-family residence and shall meet the setback requirements for a swimming pool in the district in which it's located. Where the pool or hot tub is located on a patio or deck attached to the principal building, the setback shall meet the setback requirements for the principal building. Where the pool or hot tub is located on a corner lot, the rear yard shall be deemed to be that portion of the property to the rear of the residence, but in all other respects, the lot shall satisfy the requirements of corner lots established in § 335-77H.

(b) Hot tubs may be located within the dwelling unit or they may be located on a porch, deck or patio, provided that the hot tub is within an area enclosed by a fence or wall that is not less than four feet in height.

(c) Fencing shall be required around pools. The minimum height shall be four feet.

T. Storage of vehicles.

(1) The exterior storage of no more than two vehicles which are unregistered or inoperable or dismantled shall be permitted in a residential zone for a period of up to six months. An additional six-month extension may be permitted upon written approval of the Zoning Officer, as set forth in Subsection T(3) below.

(2) Other than as permitted in Subsection T(1) above, no vehicle which is unregistered or inoperable or dismantled shall be permitted in any residential zone.

(3) A motor vehicle shall be deemed to be stored if it has been parked on or around the property for a time period of at least 30 days. This thirty-day requirement need not be continuous. Extensions of up to six months shall be allowed by the Zoning Officer only in those cases where the motor vehicle is being repaired or restored or for the construction of a personally owned vehicle. This section shall not be construed to allow the storage of any motor vehicles which are utilized or to be utilized in connection with a business or business venture. The additional six months' extension, as allowed, may be granted by the Zoning Officer only if the property owner can demonstrate that substantial progress has been made on the repair or restoration or construction of said vehicle.

(4) No motor vehicle which is on blocks, car ramps, or any type of lifting device shall be left unattended unless housed within a secure garage or secured fenced area.

(5) No motor vehicle shall be stored as aforesaid unless it is parked a minimum of 10 feet from the property line.

(6) Trailers. See Chapter 309, Trailers and Camp Cars, of the Code of the Borough of Berlin.

(7) Trucks and commercial vehicles in residential districts. Construction vehicles, including trailers and flatbeds that transport construction vehicles, tractor-trailers, dump trucks, school buses and similarly sized vehicles shall not be permitted to be parked in a residential zoning district, either on a lot or in a public street. However, vehicles with a gross weight not exceeding 26,000 pounds may park in the public street between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m. and 5:00 p.m., Saturdays and Sundays. Commercial vehicles not exceeding a gross weight of 12,000 pounds may park on a lot as long as the vehicle is owned or leased by the owner or tenant of the property and/or authorized by an employer for use, and provided that such vehicles are parked or stored in a manner consistent with the recreation vehicle parking requirements set forth in § 335-77N(4).

U. Yards. No open space provided around any principal building for the purpose of complying with front, side or rear yard provisions or the spacing between buildings shall be considered as providing the yard provisions or spacing requirements of another building. On a lot which extends through a block in a manner resulting in frontage on two or more streets, including corner lots, the building setback from each street shall not be less than the required front yard. Where a lot is shaped to have more than four sides, there shall be no more than two side yards. Any remaining lot boundaries shall have either front or rear yard setbacks, as appropriate. Minimum front, side and rear yard dimensions shall comply with the applicable definitions of "yards."[4]

[4] Editor's Note: See § 335-2, Definitions and word usage.

V. Standards for the hours of operation for retail uses. No retail use containing a floor area of 100,000 square feet or more shall conduct any business-related activity including sales, services, or the sending or receiving of goods and materials, including deliveries, between the hours of 12:00 p.m. (midnight) and 6:00 a.m.

W. All classes of medical and recreational cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[5] but not the delivery of cannabis items and related supplies by a delivery service.

[5] Editor's Note: See N.J.S.A. 24:6I-31 et seq.

§ 335-78 R-1 and PR-1 Low Density Residential Districts.

[Amended 9-15-1997 by Ord. No. 97-16; 12-18-2002 by Ord. No. 2002:18; 5-28-2003 by Ord. No. 2003:10; 12-17-2003 by Ord. No. 2003-21; 12-14-2017 by Ord. No. 2017-15; 9-11-2025 by Ord. No. 2025-11]

PR-1 is in the Pinelands.

A. Purpose. The purposes of the R-1 and PR-1 Districts are to create zoning districts for single-family homes and a limited number of compatible uses, except that in the Pinelands Area development shall comply with the R-1 District regulations, except that to the extent there may be an inconsistency with the R-1 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail. In both districts, residences shall be limited to detached single-family homes.

B. Permitted principal uses (land and buildings). The following shall be permitted principal uses:

(1) Detached single-family dwellings.

(2) Public parks and playgrounds owned and operated by the Borough or by a homeowners' association for the benefit of the residents of that development and other Borough facilities.

(3) Churches, synagogues and convents.

(4) Utility services as defined herein.

(5) Temporary sales office/model home in accordance with § 335-77O.

C. Permitted accessory uses on the same lot and customarily incidental to the permitted principal use shall be as follows:

(1) Private garages and parking areas, patios, decks, balconies and porches, provided that such accessory uses are subordinate to the principal use and serve only the principal use.

(2) Swimming pools and hot tubs accessory to single-family dwellings, including the pool's related decking and coping, provided that all facilities conform to § 335-77S.

(3) Fences and walls consistent with § 335-77F.

(4) Tool, storage or garden shed with detached single-family dwellings.

(5) Temporary equipment and temporary structures associated with development activities shall be permitted during the construction period beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or two years, whichever is less, provided that said equipment and structures are situated on the site where construction is taking place.

(6) Amateur radio transmitting and receiving devices and television and satellite dish receiving antennas consistent with § 335-77B.

(7) The parking of recreational vehicles as regulated in § 335-77N.

(8) Family day-care homes are permitted as an accessory use to a detached single-family dwelling, provided that they are licensed by the New Jersey Department of Human Services and provided that they adhere to the following conditions. Where the following conditions may conflict with the requirements of the Department of Human Services, the regulations of the Department of Human Services shall prevail:

(a) A family day-care home operating in a detached single-family dwelling is limited to no more than five children in addition to the children of the residents of the home, provided that the site meets the minimum area and dimensional requirements for the lot in this zone and provides a minimum of four off-street parking spaces and a paved driveway measuring at least 18 feet wide by 40 feet in length.

(9) Home occupation.

(a) Nine hundred square feet or the equivalent of 25% of the first floor of a residence, whichever is smaller, but a maximum of one room in any event may be used for work purposes for the convenience of the resident of the dwelling who lives in the dwelling unit, provided that the following conditions are met:

[1] The activity may be conducted in either the principal building or an accessory building, but not both.

[2] The remainder of the dwelling unit must meet all other health, safety and related requirements for a dwelling unit.

[3] No more than one employee may work at the dwelling, other than the resident(s) of the dwelling, provided there is sufficient off-street parking for that employee.

[4] No employee(s) may be dispatched from the site.

[5] No sign shall be visible from the exterior of the dwelling.

[6] No activity shall be visible from a property line or street.

[7] There shall be no change in the exterior residential appearance of the dwelling.

[8] There shall be no occupational sound, light or other nuisance created which would be audible or visible outside the building.

[9] There is no delivery of bulk raw materials to or shipment of finished goods from the site, and the use does not result in on-site sales or visitations by customers or clients.

(b) If these conditions are all met, the use is considered a customary and incidental use of the home for the convenience of the resident occupant, and no permit or approval shall be required. If any of the conditions are not met, the function shall not be a permitted use.

D. Conditional uses.

(1) A child-care center or a day-care center for six or more children shall be permitted, provided the applicable standards set forth in § 335-77D are met as conditions for this conditional use as if set forth in these zoning provisions.

E. Density, bulk and yard requirements applicable for all permitted accessory uses and for permitted nonresidential uses.

(1) The minimum requirements for nonresidential uses shall be as follows:

		Minimum Lot			Minimum Yard
Use	Area	Width (feet)	Depth (feet)	Front (feet)	Each Side (feet)	Rear (feet)	Maximum Building Height (feet)	Maximum Percentage of Lot Coverage
Places of worship	3 acres	250	250	100	50	50	35	25%
Utility service	20,000 square feet	100	125	45	25	40	35	20%
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.

(2) Accessory uses shall adhere to the following standards:

	Minimum Distance to
Use	Front Lot Line (feet)	Side Lot Line (feet)	Rear Lot Line (feet)	Maximum Height (feet)
Swimming pool and hot tub (measured to the water's edge)	*	10	10	N/A
Detached garage	45	20	5	15
Cabanas	*	15	15	12
Residential antennas and satellite dishes	*	See § 335-77B
Tool, storage or garden sheds not to exceed 200 square feet	*	5	5	10
Fences, walls	45	Up to, but clear of, the lot line
Decks, patios and walkways
Associated with pool	*	5	5	1 (above pool)
Not associated with pool	45	10	10	N/A
All other accessory uses or structures not specifically mentioned above	45	5	5	15
NOTES: * Not permitted in front yard (§ 335-77S).

F. Density, bulk and yard requirements for residential uses. Single-family detached dwellings shall meet the standards as set forth in the Schedule of Density, Bulk and Yard Requirements in the R-1 and PR-1 Residential Districts.[1]

[1] Editor's Note: Said schedule can be found as an attachment to this chapter.

G. Signs. See § 335-77R.

§ 335-79 R-1a Medium Density Residential District.

[Amended 9-15-1997 by Ord. No. 97-16; 10-19-1998 by Ord. No. 98-17; 12-18-2002 by Ord. No. 2002:18; 5-28-2003 by Ord. No. 2003:10]

A. Purpose. The purposes of the R-1a District are to create a zoning district for detached single-family dwellings and a limited portion of townhouses along with the opportunity to provide a portion of the Borough's low- and moderate-income housing need.

B. Permitted principal uses (land and buildings). The following shall be permitted principal uses:

(1) Detached single-family dwellings which shall comply with the provisions of the Borough's affordable housing requirements unless the obligations set forth thereunder have been met.

(2) Townhouses are permitted only in developments providing the affordable housing units. Once that obligation has been met, townhouses are not permitted in the R-1a District. Where permitted, townhouses shall conform to the standards set forth below and in § 335-49, Lower-income housing and § 335-35, Apartments and townhouses.

(3) Parks and playgrounds owned and operated by the Borough, or by a homeowners' association for the benefit of the residents of that development and other Borough facilities.

(4) Churches, synagogues and convents.

(5) Utility services as defined herein.

(6) Temporary sales office/model home in accordance with § 335-77O.

C. Permitted accessory uses on the same lot and customarily incidental to the permitted principal use shall be as follows:

(1) Private garages and parking areas, patios, decks, balconies and porches, provided that such accessory uses are subordinate to the principal use and serve only the principal use.

(2) Swimming pools and hot tubs accessory to residences, including their related decking and coping, provided that all facilities conform to § 335-77S.

(3) Fences and walls consistent with § 335-77F.

(4) For detached single-family dwellings:

(a) Tool, storage or garden shed with detached single-family dwellings.

(b) Temporary equipment and temporary structures associated with development activities shall be permitted during the construction period beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy, or two years, whichever is less, provided that said equipment and structures are situated on the site where construction is taking place.

(c) Amateur radio transmitting and receiving devices and television and satellite dish receiving antennas consistent with § 335-77B.

(d) The parking of recreational vehicles as regulated in § 335-77N.

(e) Family day-care homes are permitted as an accessory use to a detached single-family dwelling, provided that they are licensed by the New Jersey Department of Human Services and provided that they adhere to the following conditions. Where the following conditions may conflict with the requirements of the Department of Human Services, the regulations of the Department of Human Services shall prevail:

[1] A family day-care home operating in a detached single-family dwelling is limited to no more than five children in addition to the children of the residents, provided that the site meets the minimum area and dimensional requirements for the lot in this zone and provides a minimum of four off-street parking spaces and a paved driveway measuring at least 18 feet wide by 40 feet in length.

(f) Home occupation.

[1] Nine hundred square feet or the equivalent of 25% of the first floor of a residence, whichever is smaller, but a maximum of one room in any event may be used for work purposes for the convenience of the resident of the dwelling who lives in the dwelling unit, provided that the following conditions are met:

[a] The activity may be conducted in either the principal building or an accessory building, but not both.

[b] The remainder of the dwelling unit must meet all other health, safety and related requirements for a dwelling unit.

[c] No more than one employee may work at the dwelling, other than the resident(s) of the dwelling, provided that there is sufficient off-street parking for that employee.

[d] No employee(s) may be dispatched from the site.

[e] No sign shall be visible from the exterior of the dwelling.

[f] No activity shall be visible from a property line or street.

[g] There shall be no change in the exterior residential appearance of the dwelling.

[h] There shall be no occupational sound, light, or other nuisance created which would be audible or visible outside the building.

[i] There is no delivery of bulk raw materials to or shipment of finished goods from the site and the use does not result in on-site sales or visitations by customers or clients.

[2] If these conditions are all met, the use is considered a customary and incidental use of the home for the convenience of the resident occupant, and no permit or approval shall be required. If any of the conditions are not met, the function shall not be a permitted use.

D. Conditional uses.

(1) A child-care center or a day-care center for six or more children shall be permitted as a principal use, provided that the applicable standards set forth in § 335-77D are met as conditions for this conditional use as if set forth in these zoning provisions.

(2) The construction of age-restricted housing shall be conditioned on the following:

(a) Minimum age. Occupancy shall be limited to persons having attained the following ages:

[1] Age 62 and over. No more than two people may reside in a unit. One resident shall be age 62 or over, and no more than one other person, such as the spouse or one immediate relative, live-in domestic, companion or nurse, may be less than age 62 but shall be age 18 years or older. These age restrictions shall apply, except that the superintendent's unit and not more than 20% of the units occupied by handicapped persons need not be age-restricted.

(b) Maximum density. The maximum density shall be as follows:

[1] Age 62 and over. Thirty-five units per acre.

[2] Age 55 and over. These units shall be designed as detached single-family homes meeting the applicable R-1a District zoning and density criteria.

(c) Minimum affordable housing.

[1] Age 62 and over. All units except the superintendent's unit shall be for occupancy by low and moderate-income households.

[2] Age 55 and over. Developments with these housing units shall meet the requirements of the R-1a District.

(d) Lot area and locational requirements.

[1] Age 62 and over. Projects shall be located on a property abutting either a collector or arterial road as classified in the Master Plan. The minimum lot size shall be three acres.

[2] Age 55 and over. There are no special locational requirements for this housing type.

(e) Deed restrictions. The age and income requirements for age-restricted housing developments shall be required to be recorded in the deed to the property and be applicable to each dwelling unit.

(f) Contiguous property required.

[1] Age 62 and over. Each development shall be on one lot of contiguous acreage.

[2] Age 55 and over. Each development shall be designed within a contiguous tract of land in which there are no other dwelling units other than the age-restricted units.

E. Density, bulk and yard requirements applicable for all permitted accessory uses and for permitted nonresidential uses.

(1) The minimum requirements for nonresidential uses shall be as follows:

[Amended 12-14-2017 by Ord. No. 2017-15]

		Minimum Lot			Minimum Yard
Use	Area	Width (feet)	Depth (feet)	Front (feet)	Each Side (feet)	Rear (feet)	Maximum Building Height (feet)	Maximum Percentage of Lot Coverage
Places of worship	3 acres	250	250	100	50	50	35	25%
Utility service	20,000 square feet	100	125	45	25	40	35	20%
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.

(2) Accessory uses for detached single-family dwellings shall adhere to the following standards:

	Minimum Distance to
Use	Front Lot Line (feet)	Side Lot Line (feet)	Rear Lot Line (feet)	Maximum Height (feet)
Swimming pool and hot tub (measured to the water's edge)	*	10	10	N/A
Detached garage	45	20	5	15
Cabanas	*	10	10	12
Residential antennas and satellite dishes	*	See § 335-77B
Tool, storage or garden sheds not to exceed 150 square feet	*	5	5	10
Fences, walls	10	Up to, but clear of, the lot line
Decks, patios and walkways
Associated with pool	*	5	5	1 (above pool)
Not associated with pool	45	10	10	N/A
All other accessory uses or structures not specifically mentioned above	45	5	5	15
NOTES: * Not permitted in front yard (§ 335-77S).

F. Density, bulk and yard requirements for residential uses.

(1) Single-family detached dwellings and apartments for persons age 62 and over shall meet the following standards:

		Single-Family Lot Requirements
			Cluster or Lot Size
Type		Standard Lot Subdivision	Averaging Design (See § 335-36)	Lots for Age 55 and over	Apartments for Age 62 and Over
Minimum lot area (square feet)		9,950	7,260	5,000	See conditional use1
Minimum lot width and frontage (feet) (see § 335-77Q)		75	70	50	200
Minimum lot depth (feet) (see §§ 335-66D and 335-77Q)		110	100	100	200
Minimum yards (feet) (see definitions[1] and § 335-77Q)
Front yard
	Garage door	40	35	25	N/A
	Other portion of building	40	35	35	75
Side yards
	One side yard	10	10 each	5	50
	Total of both side yards	25	20	15	100
	Minimum distance between buildings	20	20	15	25
Rear yard		25	25	25	50
Maximum building height (feet)		30	30	35	50
Maximum number of stories		2	2	2	4
Maximum lot coverage (buildings and paving)
At initial construction		35%	40%	N/A	40%
	2-story building	N/A	N/A	40%	N/A
	1-story building	N/A	N/A	50%	N/A
Subsequent owners		+3%=38%	+5%=45%	+5%=45% or 55%	N/A
Maximum density (per acre)
	If Borough's affordable housing obligation has been met	2.75*	2.75*	2.75*	See conditional use[2]
	If additional affordable housing obligation remains, a twenty-percent affordable housing set-aside is required	3.5	3.5	3.5	See conditional use[3]
* NOTE: Maximum permitted after all the Borough's affordable housing obligation has been met.

[1] Editor's Note: See § 335-2, Definitions and word usage.

[2] Editor's Note: See Subsection D.

[3] Editor's Note: See Subsection D.

(2) Townhouses shall meet the following standards:

	Standard		Requirement
	Overall townhouse tract
		Minimum tract area	3 acres
		Minimum tract width	400 feet
	Minimum lot width per unit		20 feet
	Minimum lot depth		N/A
	Minimum yards and setbacks for building (see definitions[4] and § 335-77Q)
		From perimeter of original tract	75 feet
		From interior street	25 feet
		From parking lot or the parking lot driveway/aisle	15 feet
		Garage door from interior street or drive	25 feet
		Front yard (can include parking and driveways)	30 feet
		Side yard without parking and driveways	15 feet
		Rear yard with parking and driveways	40 feet
		Rear yard without parking and driveways	25 feet
	Side yards for decks		3-foot minimum, 10-foot aggregate
	Maximum building height		30 feet
	Maximum number of stories		2
	Maximum lot coverage (buildings and paving)		45% of overall tract
	Maximum density on that portion of tract developed with townhouses		4.375 per acre

[4] Editor's Note: See § 335-2, Definitions and word usage.

G. Signs. See § 335-77R.

§ 335-80 R-2 and PR-2 High Density Residential Districts.

[Amended 9-15-1997 by Ord. No. 97-16; 10-19-1998 by Ord. No. 98-17; 12-18-2002 by Ord. No. 2002:18; 5-28-2003 by Ord. No. 2003-10; 11-5-2012 by Ord. No. 2012-17; 12-27-2012 by Ord. No. 2012-20; 12-14-2017 by Ord. No. 2017-15; 9-11-2025 by Ord. No. 2025-11]

PR-2 is in the Pinelands.

A. Purpose and Pinelands relationship.

(1) The purpose of the R-2 District is to create a zoning district for detached single-family residential uses, including age-restricted residential uses; lower-income housing; child care; places of worship; and recreational uses.

(2) Districts designated with the PR-2 designation are located within the Pinelands Management Area, and to the degree that this section may be inconsistent with the regulations pertaining to the area, § 335-77K, entitled "Pinelands," shall prevail.

B. Permitted principal uses (land and buildings). The following shall be permitted principal uses:

(1) Detached single-family dwellings.

(2) (Reserved)

(3) Public parks and playgrounds owned and operated by the Borough or by a homeowners' association for the benefit of the residents of that development and other Borough facilities.

(4) Places of worship.

(5) Utility services, as defined herein.

(6) Temporary sales office/model home in accordance with § 335-77O.

C. Permitted accessory uses on the same lot and customarily incidental to the permitted principal use shall be as follows:

(1) Private garages and parking areas, patios, decks, balconies and porches, provided that such accessory uses are subordinate to the principal use and serve only the principal use.

(2) Swimming pools and hot tubs accessory to residences, including their related decking and coping, provided that all facilities conform to § 335-77S.

(3) Fences and walls consistent with § 335-77F.

(4) One or more rooms in senior citizen developments dedicated to social, recreational, dining and/or visiting medical services as well as on-site management office room(s).

(5) For detached single-family dwellings:

(a) Tool, storage or garden shed with detached single-family dwellings.

(b) Temporary equipment and temporary structures associated with development activities shall be permitted during the construction period beginning with the issuance of a construction permit and concluding with the issuance of a certificate of occupancy or two years, whichever is less, provided that said equipment and structures are situated on the site where construction is taking place.

(c) Amateur radio transmitting and receiving devices and television and satellite dish receiving antennas consistent with § 335-77B.

(d) The parking of recreational vehicles as regulated in § 335-77N.

(e) Family day-care homes are permitted as an accessory use to a detached single-family dwelling, provided that they are licensed by the New Jersey Department of Human Services and provided that they adhere to the following conditions. Where the following conditions may conflict with the requirements of the Department of Human Services, the regulations of the Department of Human Services shall prevail:

[1] A family day-care home operating in a detached single-family dwelling is limited to no more than five children in addition to the children of the residents of the home, provided that the site meets the minimum area and dimensional requirements for the lot in this zone and provides a minimum of four off-street parking spaces and a paved driveway measuring at least 18 feet wide by 40 feet in length.

(f) Home occupation.

[1] Nine hundred square feet or the equivalent of 25% of the first floor of a residence, whichever is smaller, but a maximum of one room in any event, may be used for work purposes for the convenience of the resident of the dwelling who lives in the dwelling unit, provided that the following conditions are met:

[a] The activity may be conducted in either the principal building or an accessory building, but not both.

[b] The remainder of the dwelling unit must meet all other health, safety and related requirements for a dwelling unit.

[c] No more than one employee may work at the dwelling, other than the resident(s) of the dwelling, provided that there is sufficient off-street parking for that employee.

[d] No employee(s) may be dispatched from the site.

[e] No sign shall be visible from the exterior of the dwelling.

[f] No activity shall be visible from a property line or street.

[g] There shall be no change in the exterior residential appearance of the dwelling.

[h] There shall be no occupational sound, light, or other nuisance created which would be audible or visible outside the building.

[i] There is no delivery of bulk raw materials to or shipment of finished goods from the site, and the use does not result in on-site sales or visitations by customers or clients.

[2] If these conditions are all met, the use is considered a customary and incidental use of the home for the convenience of the resident occupant, and no permit or approval shall be required. If any of the conditions are not met, the function shall not be a permitted use.

D. Conditional uses.

(1) A child-care center or a day-care center for six or more children shall be permitted as a principal use, provided that the applicable standards set forth in § 335-77D are met as conditions for this conditional use as if set forth in these zoning provisions.

(2) The construction of age-restricted housing shall be conditioned on the following:

(a) Minimum age. Occupancy shall be limited to persons having attained the following ages:

[1] Age 62 and over. No more than two people may reside in a unit. One resident shall be age 62 or over, and no more than one other person, such as the spouse or one immediate relative, live-in domestic, companion or nurse, may be less than age 62 but shall be age 18 years or older. These age restrictions shall apply except that the superintendent's unit and not more than 20% of the units occupied by handicapped persons need not be age-restricted.

[2] Age 55 and over. The number of people residing in these units shall be dependent on the size of the unit. Each adult occupying the unit shall be age 55 or over while any children living in the unit shall be 18 years or older.

(b) Maximum density. The maximum density shall be as follows:

[1] Age 62 and over. Thirty-five units per acre.

[2] Age 55 and over. These units shall be designed as detached single-family homes meeting the applicable R-1a District zoning and density criteria.

(c) Minimum affordable housing.

[1] Age 62 and over. All units except the superintendent's unit shall be for occupancy by low- and moderate-income households.

[2] Age 55 and over. Developments with these housing units shall meet the requirements of the R-1a District.

(d) Lot area and locational requirements.

[1] Age 62 and over. Projects shall be located on a property abutting either a collector or arterial road as classified in the Master Plan. The minimum lot size shall be three acres.

[2] Age 55 and over. There are no special locational requirements for this housing type.

(e) Deed restrictions. The age and income requirements for age-restricted housing developments shall be required to be recorded in the deed to the property and be applicable to each dwelling unit.

(f) Contiguous property required.

[1] Age 62 and over. Each development shall be on one lot of contiguous acreage.

[2] Age 55 and over. Each development shall be designed within a contiguous tract of land in which there are no other dwelling units other than the age-restricted units.

(3) Semidetached single-family and townhouse dwellings when used exclusively as habitation for lower-income households in accordance with Chapter 193, Housing, Affordable, on site(s) included in the Housing Element of the Master Plan.

E. Density, bulk and yard requirements applicable for all permitted accessory uses and for permitted nonresidential uses.

(1) The minimum requirements for nonresidential uses shall be as follows:

		Minimum Lot			Minimum Yard
Use	Area	Width (feet)	Depth (feet)	Front (feet)	Each Side (feet)	Rear (feet)	Maximum Building Height (feet)	Maximum Percentage of Lot Coverage
Places of worship	3 acres	250	250	100	50	50	35	25%
Utility service	20,000 square feet	100	125	45	25	40	35	20%
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.

(2) Accessory uses for detached single-family dwellings shall adhere to the following standards:

	Minimum Distance to
Use	Front Lot Line (feet)	Side Lot Line (feet)	Rear Lot Line (feet)	Maximum Height (feet)
Swimming pool and hot tub (measured to the water's edge)	*	10	10	N/A
Detached garage	45	20	5	15
Cabanas	*	10	10	12
Residential antennas and satellite dishes	*	See § 335-77B
Tool, storage or garden sheds not to exceed 200 square feet	*	5	5	10
Fences, walls	10	Up to, but clear of, the lot line
Decks, patios and walkways
Associated with pool	*	5	5	1 (above pool)
Not associated with pool	45	10	10	N/A
All other accessory uses or structures not specifically mentioned above	45	5	5	15
NOTES: * Not permitted in front yard (§ 335-77S).

F. Density, bulk and yard requirements for residential uses.

(1) Single-family detached dwellings and apartments for persons age 62 and over shall meet the standards as set forth in the Schedule of Density, Bulk and Yard Requirements in the R-2 and PR-2 Residential Districts.[1]

[1] Editor's Note: Said schedule can be found at the end of this chapter.

(2) Lower-income single-family semidetached dwellings shall meet the following standards:

	Standard	Requirement
	Minimum lot size	4,000 square feet
	Minimum street frontage	40 feet
	Minimum lot width	40 feet
	Minimum lot depth	100 feet
	Minimum front yard setback	30 feet; except when abutting a collector or higher-order street, 50 feet
	Minimum setback of garage door from street	5 feet greater than building face
	Minimum side yard setback, common wall	0 feet
	Minimum side yard setback, other	8 feet
	Minimum rear yard setback	25 feet
	Maximum permitted building coverage	35%
	Maximum permitted impervious coverage	50%
	Maximum permitted building height	30 feet
	Maximum number of stories	2

(3) Lower-income townhouse dwellings shall meet the following standards:

	Standard		Requirement
	Overall townhouse tract
		Minimum tract area	3 acres
		Minimum tract width	400 feet
	Minimum lot size, fee-simple dwelling		2,000 square feet
	Minimum lot frontage, fee-simple dwelling		20 feet
	Minimum lot width per unit, and lot for fee-simple dwellings		20 feet
	Minimum lot depth for fee-simple dwellings		100 feet
	Minimum yards and setbacks for buildings
		From perimeter of original tract	75 feet
		From interior street	25 feet
		From parking lot or the parking lot driveway/aisle	15 feet
		Garage door from interior street or drive	25 feet
		Front yard (can include parking and driveways)	30 feet
		Side yard, common vertical wall	0 feet
		Side yard, no common wall, without parking and driveways	15 feet
		Rear yard with parking and driveways	40 feet
		Rear yard without parking and driveways	25 feet
		Side yards for decks	3-foot minimum, 10-foot aggregate
	Maximum building height		35 feet
	Maximum number of stories		2 1/2
	Maximum lot coverage, fee-simple lots		75%
	Maximum tract coverage (buildings and paving)		45% of overall tract

(4) Maximum density for inclusionary development shall be six units per acre.

G. Signs. See § 335-77R.

§ 335-81 R-3 Garden Apartment District.

A. Purpose. This district is created to identify and provide for the existing apartment complexes in the Borough.

B. Permitted principal uses (land and buildings). The following shall be permitted principal uses:

(1) Garden apartment buildings.

C. Permitted accessory uses (land and buildings). The following shall be permitted accessory uses:

(1) Off-street parking.

(2) Amateur radio transmitting and receiving devices and television and satellite dish receiving antennas consistent with § 335-77B.

(3) Fences and walls.

D. Conditional uses shall be as follows: none.

E. Density, bulk and yard requirements shall be as follows:

	Type	Requirement
	Minimum lot size	2.0 acres
	Minimum lot width*	200 feet
	Minimum lot depth*	200 feet
	Minimum front yard*	75 feet
	Minimum side yard*	50 feet
	Minimum rear yard*	50 feet
	Minimum space between on-site buildings	50 feet
	Minimum setback from on-site parking spaces and driveways	15 feet
	Maximum building height	30 feet and 2 stories
	Maximum lot coverage	60%
	Maximum density	12 units per acre
	Minimum common open space	20% in one contiguous area
	* NOTE: See § 335-77Q.

F. Buffers. The buffer areas shall adhere to the requirements of § 335-77C.

G. Signs. See § 335-77R.

§ 335-81.1 R-4 Townhouse District.

[Added 3-5-2012 by Ord. No. 2012-04]

A. Purpose. This district is intended to provide for townhouse development in a planned residential development with an inclusionary affordable housing component. All development within the R-4 Townhouse District shall be planned development.

B. Permitted principal uses. The following shall be permitted principal uses in the R-4 District:

(1) Townhouse dwellings.

(2) Parks and open space areas.

(3) Municipal purposes.

C. Permitted accessory uses and structures on the same lot and used in conjunction with a permitted principal use as follows:

(1) Off-street parking and private garages.

(2) Community center and community rooms for the use of residents and guests.

(3) Community swimming pools and indoor recreation for the use of residents and guests.

(4) Outdoor recreational facilities, including tennis or other court sports.

(5) Manager and rental office.

(6) Maintenance building.

(7) Gatehouse on a private street only.

(8) Bus shelter.

(9) Radio, television and satellite antennas and dishes consistent with § 335-77B.

(10) Fences and walls consistent with § 335-77F.

(11) Signs consistent with § 335-77R.

(12) Utility services as defined in this chapter.

(13) Accessory uses customarily incidental to and occupying the same lot as a principal use.

D. Affordable housing. Any development within the R-4 District shall restrict a minimum of 25% of the total dwellings for affordable housing. The construction and occupancy of the affordable housing shall comply with Chapter 193 of the Code of the Borough of Berlin, promulgated rules of the New Jersey Council on Affordable Housing, or successor agency, and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) or successor document. To the greatest extent feasible, the affordable housing shall be evenly distributed throughout the development. The exterior facades of affordable housing dwellings shall be indistinguishable from the other dwellings with the development.

E. Area, yard, density, and coverage requirements or limitations.

(1) The minimum tract area shall be five acres of contiguous land.

(2) The minimum tract perimeter setback for a building shall be 50 feet, excepting gatehouses and bus shelters. Gatehouses shall be set back from the tract perimeter a minimum of 25 feet and bus shelters may be placed on the front property line.

(3) The maximum density shall not exceed 8.85 dwellings per acre, or a total of 80 dwellings, whichever is less.

(4) Maximum lot coverage: 60% of the gross land area.

(5) Building limitations and separation requirements.

(a) Maximum dwellings per townhouse dwelling: eight dwellings.

(b) Minimum distance from building front to building front: 75 feet.

(c) Minimum distance from building front to building side: 65 feet.

(d) Minimum distance from building front to building rear: 65 feet.

(e) Minimum distance from building side to building rear: 55 feet.

(f) Minimum distance from building rear to building rear: 40 feet.

(g) Minimum distance from building side to building side: 20 feet.

(6) Building dimension limitations. Minimum and maximum building dimensions shall be as follows:

(a) Minimum width of townhouse with no attached garage: 20 feet.

(b) Minimum width of townhouse with attached or internal garage: 22 feet.

(c) Maximum building length through the long axis: 220 feet.

(d) Maximum building height: three stories and 45 feet.

(7) Building setbacks, streets. The minimum building setbacks from a public or private street, excepting gatehouses and bus shelters, shall be as follows:

(a) Front or rear facade: 25 feet.

(b) Side facade: 12 feet.

(8) Setbacks, parking lots: Where parking lots are proposed, no parking space shall be closer than 10 feet to a building and within 25 feet of a tract perimeter. This subsection shall not be construed to apply to driveways associated with individual dwellings.

(9) Accessory buildings shall conform to the requirements for principal buildings, except as indicated hereinabove for gatehouses and bus shelters.

F. Additional requirements. The following additional requirements shall pertain to development in the R-4 District:

(1) An outdoor sitting area, dog walk, or similar gathering place shall be provided with a minimum area equal to 20 square feet per dwelling.

(2) Buffers. The buffer areas shall adhere to the design requirements of § 335-77C but shall be installed within all of the perimeter tract setback yards of the development. The width of planted area excluding ground cover shall be a minimum of 25 feet. No stormwater management basin shall be permitted within a required planted buffer area.

(3) Storage minimum. No townhouse dwelling shall have less than 250 square feet of storage space, excluding any kitchen storage.

(4) Any development in the R-4 Townhouse District shall comply with the provisions of § 335-35 unless modified herein.

§ 335-81.2 R-5 Apartment and Townhouse District.

[Added 12-27-2012 by Ord. No. 2012-19[1]]

A. Purpose. This district is intended to provide for apartment, townhouse and/or single-family detached dwellings with an affordable housing setaside in a location proximate to other higher-intensity uses. The affordable housing component of the development will address a significant portion of the Borough's affordable housing obligation and settle litigation in the matter of Nexus Properties, Inc. v. Bor. of Berlin, Docket No. L-2285-06.

B. Permitted principal uses. The following shall be permitted principal uses in the R-5 District:

(1) Townhouse dwellings.

(2) Apartment dwellings.

(3) Single-family detached dwellings.

(4) Parks and open space areas.

(5) Combinations of principal permitted uses hereinabove.

(6) Utility buildings for primarily serving the R-5 District.

C. Permitted accessory uses and structures.

(1) For Subsection B(1), (2), (4) and (5) uses on the same lot and used in conjunction with a permitted principal use:

(a) Off-street parking, private garages and car sheds.

(b) Community center and community rooms for the use of residents and guests.

(c) Community swimming pools and indoor recreation for the use of residents and guests.

(d) Outdoor recreational facilities, including tennis or other court sports.

(e) One management and/or rental office.

(f) Superintendent and maintenance dwellings whose primary occupants shall be employed on site by the operating entity.

(g) Maintenance building.

(h) Gatehouse on a private street only.

(i) Tool, storage or garden shed for fee simple townhouse dwellings only.

(2) For Subsection B(3) uses on the same lot and used in conjunction with a permitted principal use:

(a) Private garage.

(b) Swimming pool.

(c) Cabana.

(d) Tool, storage or garden shed.

(3) For all permitted principal uses:

(a) Bus shelter.

(b) Utility services as defined in this chapter.

(c) Radio, television and satellite antennas and dishes consistent with § 335-77B.

(d) Fences and walls consistent with § 335-77F, except as may be modified herein.

(e) Signs consistent with § 335-77R.

(f) Accessory uses customarily incidental to and occupying the same lot as a principal use.

D. General development requirements.

(1) Affordable housing requirements. The minimum percentage of dwelling units affordable to households with low and moderate incomes as defined by the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) shall be 15% of the total number of units (excluding the superintendent/maintenance dwellings) developed if the affordable units are for rent and 20% if the affordable units are for sale. Of the total number of affordable housing units, no fewer than 10%, rounded, shall be affordable to very low-income households, and no more than 50% shall be affordable to moderate-income households. Any development within the R-5 District shall comport with Chapter 193, Affordable Housing, of the Code of the Borough of Berlin and any other applicable affordable housing law and regulation.

(2) The minimum tract area shall be 30 acres of contiguous land.

(3) Maximum total tract coverage: 75% of the gross land area.

(4) The amount of land to be reserved for active recreation facilities shall be equal to or greater than 150 square feet per dwelling. Adequate recreation areas shall be set aside in suitable locations to provide for the recreation needs of residents based on accepted methods of determining the population by age cohorts in the development. Active recreation shall count towards any open space requirement. Active recreation shall include, but not be limited to, any clubhouse area (including any clubhouse parking area), walking and/or fitness trails (including any fitness station area(s) on or along such trails), tot lot areas and/or sitting areas as provided at Subsection D(5) below. Walking and/or fitness trails shall not be required to be paved, but shall be delineated grass areas.

(5) Pedestrian circulation. There shall be a comprehensive system of pedestrian walks serving all facilities within the development, providing access to dwellings, parking areas, open spaces, recreational and other communal facilities. Pedestrian walkways shall have adequate lighting and shall include landscaping along them as approved by the board with jurisdiction during site plan review. In general, such landscaping shall consist of landscaping beds at major intersections, occasional trees and sitting areas with clusters of shrubs and ornamental trees. Such sitting areas shall count towards the recreational land area component of the development.

(6) The standards of § 335-35 shall not apply to the R-5 Apartment and Townhouse District, except that all development shall be served by public water and public sanitary sewer.

(7) Phasing. Development within the zoning district shall be permitted in phases, or distinct geographic stages of development, as approved by the board with jurisdiction taking into account the adequacy of plans for utilities, circulation and open space, including recreation, necessary to serve that phase independently.

E. Area, yard, density, height and coverage requirements or limitations.

(1) The minimum tract perimeter setback for a principal building shall be 50 feet, with the following exceptions:

(a) Community center when adjacent to an existing street: 35 feet.

(b) Garages and car sheds: 25 feet, except when adjacent to an existing street: 50 feet.

(c) Gatehouses: 25 feet.

(d) Bus shelters may be placed on the front property line.

(2) The maximum density shall not exceed 16 dwellings per acre or a maximum of 470 dwellings, whichever is less, except that up to an additional two superintendent/maintenance dwellings may be built and occupied without counting towards the total number of dwellings allowed.

(3) Maximum dwellings per building type.

(a) Building with all townhouses: eight dwellings.

(b) Building with townhouses and apartments: 24 dwellings, not to exceed eight townhouses.

(c) Building with all apartments: 24 dwellings.

(4) Building separation requirements for non-fee simple development, except as modified by Subsection F(3) below:

(a) Minimum distance from building front to building front: 50 feet.

(b) Minimum distance from building front to building side: 50 feet.

(c) Minimum distance from building front to building rear: 50 feet.

(d) Minimum distance from building side to building rear: 50 feet.

(e) Minimum distance from building rear to building rear: 50 feet.

(f) Minimum distance from building side to building side: 20 feet.

(5) Lot requirements for fee simple townhouses.

(a) Minimum lot size: 1,600 square feet.

(b) Minimum lot width: 16 feet.

(c) Minimum lot depth: 100 feet.

(d) Maximum lot coverage: 80%.

(e) Minimum front yard, short axis frontage of lot: 22 feet.

(f) Minimum front yard, long axis frontage of lot: 12 feet.

(g) The following minimum rear yard by lot type shall be required.

[1] Tract perimeter lot: 50 feet.

[2] Any other lot: 20 feet.

(h) Minimum side yard: 10 feet; zero feet with a common partition wall.

(i) Accessory uses. No accessory structure shall be permitted in a front yard or tract perimeter buffer, excepting fences and signs as otherwise allowed herein. Other accessory structures, excluding fencing, shall be set back five feet from a side property line and 10 feet from a rear property line, except that tool, storage or garden sheds may be set back five feet from a rear property line.

(6) Lot requirements for single-family detached dwellings.

(a) Minimum lot size: 5,000 square feet.

(b) Minimum lot width: 50 feet.

(c) Minimum lot depth: 100 feet.

(d) Minimum front yard: 25 feet.

(e) Minimum side yard: five feet for one side yard and 15 feet aggregate for both side yards.

(f) Minimum rear yard: 25 feet.

(g) Maximum lot coverage: 60% of total lot area.

(h) Maximum height.

[1] Principal dwelling: 35 feet.

[2] Accessory structure heights shall be as applicable under Subsection E(8)(d).

(i) Accessory buildings and structures. No accessory structure or building shall be permitted in a front yard or tract perimeter buffer, excepting fences and signs as otherwise allowed herein. Tool, storage and garden sheds shall be permitted within five feet of a side or rear property line. All other permitted accessory buildings and structures, excluding fencing, shall be set back five feet from a side property line and 10 feet from a rear property. No detached garage shall be permitted within 15 feet of the principal building. All swimming pools shall be set back a minimum of 10 feet from any property line and 15 feet from a house foundation, measured from the closest edge of water.

(7) Lot requirements for Subsection B(4) and (5) uses shall be as stated in the Institutional District, § 335-88E, except that such uses shall comply with the tract perimeter setbacks as specified in Subsection E(1) herein.

(8) Building dimension limitations. Minimum and maximum building dimensions for Subsection B(1) and (2) uses shall be as follows:

(a) Minimum width of townhouse dwelling: 16 feet.

(b) Maximum building length through the long axis: 260 feet.

(c) Maximum building height, principal use: three stories and 48 feet.

(d) Maximum building height, accessory uses and structures.

[1] Garages and car sheds: 16 feet.

[2] Community center: 28 feet.

[3] Manager and rental office: 28 feet.

[4] Maintenance building: 24 feet.

[5] Gatehouse, cabana: 14 feet.

[6] Bus shelter: 12 feet.

[7] Private toolsheds: 10 feet.

(9) Building setbacks, streets. The minimum building setbacks from a public or private street applying to sites that are not subdivided into individual lots, excepting gatehouses and bus shelters, shall be as follows:

(a) Front or rear facade: 22 feet.

(b) Side facade: 15 feet.

(c) Any facade facing an existing collector or higher-order street: 50 feet.

(10) Setbacks, parking lots. Where parking lots are proposed, no parking space shall be closer than 10 feet to a building and within 25 feet of a tract perimeter. This subsection shall not be construed to apply to driveways associated with individual dwellings.

F. Additional requirements. The following additional requirements shall pertain to development in the R-5 District:

(1) No shed shall exceed 10 feet in height and 100 square feet in floor area. Only one shed per lot shall be permitted. Detached private garages and car sheds shall be located behind the rear building line. Notwithstanding any other provision to the contrary, two garages on separate individual lots may be attached along one common party wall at the side property line. On other types of lots, garages and car sheds may be attached together, provided that the length through the long axis does not exceed 100 feet and is a minimum of 12 feet from the rear building line.

(2) Buffers. The buffer areas shall adhere to the design requirements of § 335-77C but shall be installed within all of the perimeter tract setback yards of the development. The width of planted area excluding ground cover shall be a minimum of 15 feet. No stormwater management basin, parking lot and private tool shed shall be permitted within a required planted buffer area. No fencing shall be permitted within a required planted buffer area for any lot fronting on a collector or higher-order street, except that decorative fencing more than seventy-five-percent open, incorporated as part of the overall landscape design for the property, may be permitted when approved by the board of jurisdiction.

(3) Storage minimum. All dwellings shall have adequate storage interior to the unit for clothing, outdoor equipment and other personal belongings. In the affordable units, such storage areas shall be at least as large as the storage areas in the market units having the same number of bedrooms and shall be readily accessible to the ground floor level of the building.

(4) Dwelling variation. Architectural elements such as bay windows, balconies, building offsets, variation of building materials, textures and/or colors and/or other architectural elements that achieve visual interest shall be provided.

[1] This ordinance provided in Section 7 that it would take effect "upon filing thereof with the Camden County Planning Board after final passage, adoption, and publication by the Borough Clerk of the Borough of Berlin in the manner prescribed by law; and approval of the Fairness and Compliance Plan Hearing in the matter Nexus Properties, Inc. v. The Borough of Berlin and the Planning Board of the Borough of Berlin (CAM-L-2285-06)," which approval was received.

§ 335-82 C-1 Central Business District.

[Amended 4-25-2001 by Ord. No. 2001:5; 12-18-2002 by Ord. No. 2002:18; 4-23-2003 by Ord. No. 2003-5]

A. Purpose. The purpose of the C-1 District shall be to provide for a pedestrian-oriented business district that will serve as a town center for the balance of the Borough. Retail, office and service uses shall be encouraged that will compliment adjoining residential, governmental and institutional uses. To preserve and enhance the pedestrian environment along the streets within the district, parking and loading activities will be directed to rear yard areas. Parking will also be provided by community lots and on-street, curb-side parking.

B. Permitted principal uses. The following shall be permitted principal uses in the C-1 District:

(1) Retail stores and shops.

(2) Service uses including, but not limited to, the repair and servicing of appliances, shoe repair, cleaners, laundries, tailors, barbershops and beauty salons.

(3) Offices and banks.

(4) Funeral homes.

(5) Medical service uses including, but not limited to, doctors, chiropractors, dentists, and medical clinics.

(6) Restaurants, coffee shops, sidewalk cafes, and similar uses, provided that no restaurant shall be permitted to have a drive-in or drive-through window or service.

[Amended 12-14-2017 by Ord. No. 2017-15]

(7) Health clubs and exercise centers including dance studios and related uses.

(8) Residential apartments on the second and third floors of buildings with ground floor business uses.

(9) Borough uses.

(10) Utility services as defined herein.

(11) Child-care centers or day-care centers, provided that they meet the requirements of § 335-77D.

(12) Microbreweries and nanobreweries.

[Added 12-14-2017 by Ord. No. 2017-15]

(13) Distilleries.

[Added 12-14-2017 by Ord. No. 2017-15]

(14) Performing arts center.

[Added 12-14-2017 by Ord. No. 2017-15]

C. Permitted accessory uses. The following shall be permitted accessory uses in the C-1 District:

(1) Off-street parking and loading areas shall be located in rear yard areas.

(a) All parking and loading areas shall be located in rear yard areas.

(b) In order to prevent conflicts between pedestrian and vehicular traffic, driveway access to the White Horse Pike shall be discouraged.

(c) Off-street parking and loading areas shall be permitted, but not required, as an accessory use to a primary use otherwise permitted by the C-1 District, except that the Planning Board may impose reasonable requirements for off-street parking and loading areas upon finding that existing or proposed community on-site or on-street facilities will not be sufficient to service a building or use.

(2) Residential antennas and satellite dishes subject to the provisions of § 335-77B.

(3) All uses which are normal, incidental, accessory and consistent with the principal use. In the case of offices, such accessory uses include examination rooms and laboratories in medical offices; drafting and typing and computer rooms; rooms for copying machines, printers and the storage of supplies; and areas for receptionist, bookkeeping, conferences and related activities.

(4) Fences and walls subject to the provisions of § 335-77F.

(5) Outdoor seating for food service and restaurant uses.

(a) Sidewalk cafes or restaurants with outdoor seating shall be permitted along sidewalks with a minimum of 10 feet measured between the property line and the curb with on-street parking. Sidewalk cafes that are located with adjacent traffic lanes must have a minimum of 15 feet measured between the property line and the curb. The outdoor seating area shall not extend past five feet into the sidewalk and shall leave a minimum of three feet of sidewalk between the outdoor seating space and the curbline to prevent inadequate pedestrian space. In addition, the outdoor seating must be ADA compliant. Sidewalk cafes also may be permitted on corner lots; however, the seating area shall not interfere with motorists' sight triangle or pedestrian crosswalk access. Outdoor seating areas shall only be permitted between the hours of 7:00 a.m. and 10:00 p.m. Sidewalk cafes may include additional fixtures other than tables and chairs, such as umbrellas.

[Added 12-14-2017 by Ord. No. 2017-15]

D. Conditional uses.

[Amended 12-14-2017 by Ord. No. 2017-15]

(1) Public art in public or private spaces is permitted on the condition it is reviewed by the Planning Board for approval.

E. Prohibited uses. The following shall be expressly prohibited in the C-1 District:

(1) Motor vehicle sales and services, including service stations.

(2) Residential uses, except those permitted by § 335-82B(8).

(3) Restaurants with drive-up windows or drive-through services.

(4) Shopping centers and freestanding retail uses having a floor area in excess of 25,000 square feet.

F. Design standards. Buildings and sites in the C-1 District shall comply with the design standards of § 335-35.1.

[Amended 10-4-2010 by Ord. No. 2010-12]

G. Density, bulk and yard requirements.

[Amended 10-4-2010 by Ord. No. 2010-12]

	Type	Requirement
	Minimum lot size	4,000 square feet
	Minimum lot width and frontage	40 feet
	Minimum lot depth	100 feet
	Minimum front yard	0 feet
	Maximum front yard	10 feet
	Minimum side yard	0 feet
	Minimum rear yard	10 feet
	Maximum building height	35 feet
	Maximum stories	3

H. Buffers. The buffer areas requirements of § 335-77C shall not apply to the C-1 District.

I. Signs. See § 335-77R.

§ 335-83 C-2 and PC-2 Neighborhood Commercial District.

[Amended 12-18-2002 by Ord. No. 2002:18]

A. Purpose. The purpose of the C-2 District is to provide for neighborhood scale office, professional, service and commercial uses in areas abutting major roads including portions of the Borough formerly devoted to residential uses that have become impacted by congestion associated with increasing traffic and attendant highway improvements. In the Pinelands area, development shall comply with the C-2 District regulations, except that, to the extent there may be an inconsistency with the C-2 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail.

B. Permitted principal uses. The following shall be permitted principal uses in the C-2 District:

(1) The retail sale of general merchandise in structures containing a floor area of less than 25,000 square feet, such as but not limited to consumable products, pharmaceuticals, reading materials, music, gifts, flowers, stationery and related paper products, office supplies, wearing apparel and shoes, hardware, paint, wallpaper, carpets and other floor coverings, furniture and other household goods, lawn and patio equipment and related supplies, appliances, confections, and auto accessories.

(2) Service uses including, but not limited to the repair and servicing of appliances, shoe repair, cleaners, laundries, tailors, barbershops and beauty salons.

(3) Offices and banks.

(4) Funeral homes.

(5) Medical service uses including but not limited to doctors, chiropractors, dentists, and medical clinics.

(6) Veterinarians and animal hospitals without outside kennels.

(7) Restaurants and sidewalk cafes. Restaurants with drive-up window service and sidewalk cafes shall be subject to the conditional use standards for these uses as specified below.

[Amended 12-14-2017 by Ord. No. 2017-15]

(8) Health clubs and exercise centers including dance studios and related uses.

(9) Preexisting residential uses subject to the standards and controls established for the R-1 District. The establishment of new residential uses in the C-2 District shall be prohibited unless authorized by the Borough Planning Board serving in its capacity as a Zoning Board of Adjustment.

(10) Borough uses.

(11) Utility services as defined herein.

(12) Child-care centers, or day-care centers, provided that they meet the requirements of § 335-77D.

(13) Microbreweries and nanobreweries.

[Added 12-14-2017 by Ord. No. 2017-15]

(14) Distilleries.

[Added 12-14-2017 by Ord. No. 2017-15]

(15) Performing arts center.

[Added 12-14-2017 by Ord. No. 2017-15]

C. Permitted accessory uses. The following shall be permitted accessory uses in the C-2 District:

(1) Off-street parking lots and off-street loading areas subject to the standards of the Schedule of Minimum Off-street Parking and Loading Spaces[1] established by this ordinance.

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

(2) Residential antennas and satellite dishes subject to the provisions of § 335-77B.

(3) All uses which are normal, incidental, accessory and consistent with the principal use. In the case of offices, such accessory uses include examination rooms and laboratories in medical offices, drafting and typing and computer rooms; rooms for copying machines, printers and the storage of supplies; and areas for receptionist, bookkeeping, conferences and related activities.

(4) Fences and walls subject to the provisions of § 335-77F.

D. Conditional uses. The following shall be permitted as conditional uses:

(1) Restaurants with drive-up windows subject to the following conditions:

(a) Each drive-up window shall have the stacking capacity for minimum of eight vehicles.

(b) The driveway and circulation systems for the drive-up window shall be separate from and not interfere with parking and circulation movements for the balance of the site.

(2) Sidewalk cafes shall be permitted within shopping centers and along sidewalks along the pedestrian walkway with a minimum of 15 feet measured between the built-to-line and the parking lot and/or curbline. The outdoor seating must be ADA compliant. The outdoor seating area shall not extend past eight feet into the sidewalk and shall leave a minimum of three feet of sidewalk between the outdoor seating space and the curbline to prevent inadequate pedestrian space. Sidewalk cafes also may be permitted on corner lots; however, the seating area shall not interfere with motorists' sight triangle or pedestrian crosswalk access. Outdoor seating areas shall only be permitted between the hours of 7:00 a.m. and 10:00 p.m. Sidewalk cafes may include additional fixtures other than tables and chairs, such as umbrellas.

[Added 12-14-2017 by Ord. No. 2017-15[2]]

[2] Editor's Note: With this addition, former Subsection D(2) was renumbered as Subsection D(3).

(3) Shopping centers and neighborhood-oriented retail uses containing 25,000 or more square feet subject to the following conditions:

[Amended 9-18-2006 by Ord. No. 2006-15]

(a) A shopping center shall have a minimum tract area of 130,000 square feet.

(b) Outdoor display or sales area shall be located behind the front building line, and screening in the form of walls, fences and landscaping shall be erected to shield the outdoor display or sales area from view of residential uses or public streets.

(c) A shopping center tract shall have a minimum depth of 300 feet and a minimum of 300 feet of frontage on a public street.

(d) Compliance with the signage standards for shopping centers.

(e) No retail use or establishment may contain a floor area greater than 65,000 square feet.

(f) No shopping center in the C-2 District shall contain a regionally oriented retail use such as a department store, home improvement center or related use with a floor area in excess of 65,000 square feet.

E. Density, bulk and yard requirements.

[Amended 10-13-2022 by Ord. No. 2022-10]

Minimum lot size	40,000 square feet
Minimum lot width and frontage	175 feet
Minimum lot depth	175 feet
Minimum front yard	50 feet
Minimum side yard	40 feet
Minimum rear yard	50 feet
Maximum building height	35 feet
Maximum floor area ratio	0.25
Maximum stories	2
Maximum lot coverage	70%

NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.

F. Buffers. The buffer areas shall adhere to the requirements of § 335-77C.

G. Signs. See § 335-77R.

§ 335-84 C-3 and PC-3 Highway Commercial District.

[Added 12-18-2002 by Ord. No. 2002:18]

A. Purpose. The purpose of the C-3 District is to provide for commercial, office and service uses in appropriate locations along the Borough's major roadways. The C-3 District is intended to provide locations for the more intensive commercial uses permitted within the Borough including motor vehicle service and sales, shopping centers, commercial recreation, and highway-oriented restaurants as well as the less intensive business uses permitted within the C-2 District. In the Pinelands Area, development shall comply with the C-3 District regulations, except that, to the extent there may be an inconsistency with the C-3 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail.

B. Permitted principal uses. The following shall be permitted principal uses in the C-3 District:

(1) The retail sale of general merchandise in structures containing a floor area of less than 25,000 square feet, such as but not limited to consumable products, pharmaceuticals, reading materials, video stores (maximum 10% of video display areas may be sexually explicit adult material), music, gifts, flowers, stationery and related paper products, office supplies, wearing apparel and shoes, hardware, paint, wallpaper, carpets and other floor coverings, furniture and other household goods, lawn and patio equipment and related supplies, appliances, confections, and auto accessories.

(2) Service uses including, but not limited to the repair and servicing of appliances, shoe repair, cleaners, laundries, tailors, barbershops and beauty salons.

(3) Hotels and motels.

(4) Automobile and truck dealerships subject to the following standards:

(a) Only new vehicles shall be displayed in the front yard area.

(b) Outside storage for new vehicles shall be located in rear and side yard areas.

(c) All customer parking, display areas, and storage areas shall be located at least 15 feet from any street right-of-way and any nonresidential lot line and a minimum of 100 feet from any residential district.

(d) Vehicle storage areas shall be screened from public streets and residential uses by trees and evergreens planted in accordance with the standards of § 335-77C.

(e) Used vehicles may be displayed in side or rear yard areas. Areas devoted to used vehicle display shall not exceed 10% of the total tract area.

(f) All areas used for customer parking or vehicle display or storage shall be paved. Car and truck sales and service uses may have inside service areas for the purpose of preparing vehicles for delivery and providing such other services as oil changes, lubrication, engine tune-ups, wheel alignments and similar routine maintenance, but excluding body shops and painting.

(5) Retail warehouse uses (see definition[1]), lumberyards, and home improvement centers.

[1] Editor's Note: See § 335-2, Definitions.

(6) Offices and banks.

(7) Funeral homes.

(8) Medical service uses including but not limited to doctors, chiropractors, dentists, and medical clinics.

(9) Veterinarians and animal hospitals without outside kennels.

(10) Restaurants, sidewalk cafes, bars, and nightclubs. Restaurants with drive-up window service and sidewalk cafes shall be subject to the conditional use standards for these uses as specified below.

[Amended 12-14-2017 by Ord. No. 2017-15]

(11) Theaters, bowling alleys, gymnasiums, health clubs and exercise centers including dance studios and related uses.

(12) Borough uses.

(13) Utility services as defined herein.

(14) Child-care centers or day-care centers, provided that they meet the requirements of § 335-77D.

(15) Microbreweries and nanobreweries.

[Added 12-14-2017 by Ord. No. 2017-15]

(16) Distilleries.

[Added 12-14-2017 by Ord. No. 2017-15]

(17) Performing arts center.

[Added 12-14-2017 by Ord. No. 2017-15]

C. Permitted accessory uses. The following shall be permitted accessory uses in the C-3 District:

(1) Off-street parking lots and off-street loading areas subject to the standards of the Schedule of Minimum Off-street Parking and Loading Spaces[2] established by this ordinance.

[2] Editor's Note: Said schedule is included as an attachment to this chapter.

(2) Residential antennas and satellite dishes subject to the provisions of § 335-77B.

(3) All uses which are normal, incidental, accessory and consistent with the principal use. In the case of offices, such accessory uses include examination rooms and laboratories in medical offices; drafting and typing and computer rooms; rooms for copying machines, printers and the storage of supplies; and areas for receptionist, bookkeeping, conferences and related activities.

(4) Hotels or motels may have snack bars, restaurants, gift shops, newsstands, travel agents, banking services, clothing stores, meeting rooms, and pools and exercise facilities as permitted accessory uses within the motel or hotel building. Accessory swimming pools may also be located outside of the motel or hotel building. All of the accessory uses except swimming pools shall be designed as an integral part of the interior of the hotel or motel with no separate, exterior access and no drive-up window services.

(5) Fences and walls subject to the provisions of § 335-77F.

D. Conditional uses. The following shall be permitted as conditional uses:

(1) Restaurants with drive-up windows subject to the following conditions:

(a) Each drive-up window shall have the stacking capacity for minimum of eight vehicles.

(b) The driveway and circulation systems for the drive-up window shall be separate from and not interfere with parking and circulation movements for the balance of the site.

(2) Sidewalk cafes shall be permitted within shopping centers and along sidewalks along the pedestrian walkway with a minimum of 15 feet measured between the built-to-line and the parking lot and/or curbline. The outdoor seating must be ADA compliant. The outdoor seating area shall not extend past eight feet into the sidewalk and shall leave a minimum of three feet of sidewalk between the outdoor seating space and the curbline to prevent inadequate pedestrian space. Sidewalk cafes also may be permitted on corner lots; however, the seating area shall not interfere with motorists' sight triangle or pedestrian crosswalk access. Outdoor seating areas shall only be permitted between the hours of 7:00 a.m. and 10:00 p.m. Sidewalk cafes may include additional fixtures other than tables and chairs, such as umbrellas.

[Added 12-14-2017 by Ord. No. 2017-15[3]]

[3] Editor's Note: With this addition, former Subsections D(2) through D(5) were renumbered as Subsections D(3) through D(6).

(3) Shopping centers and retail uses containing 25,000 or more square feet subject to the following conditions:

(a) A shopping center shall have a minimum tract area of 130,000 square feet.

(b) Outdoor display or sales areas shall be located behind the front building line and screening in the form of walls, fences and landscaping shall be erected to shield the outdoor display or sales area from the view of residential uses or public streets.

(c) A shopping center tract shall have a minimum depth of 300 feet and a minimum of 300 feet of frontage on a public street.

(d) Compliance with the signage standards for shopping centers.

(4) Off-premises advertising signs subject to the following conditions:

(a) The off-premise sign shall be the primary principal use on the lot on which it is located.

(b) The off-premise sign shall be a minimum of 100 feet from any residential zoning district boundary.

(c) The lot on which the off-premise sign is erected shall front on New Jersey Route 73.

(d) No sign erected under the terms of this section shall exceed 45 feet in height or have a sign area in excess of 600 square feet on any one side.

(5) Automobile service stations including service stations combined with convenience stores or car washes subject to the following conditions:

(a) Building coverage shall not exceed 10% of the total lot area.

(b) There shall be no rentals of equipment or vehicles permitted in conjunction with the service station use.

(c) Service stations with car washes shall provide at least two access lanes of sufficient length to assure stacking for a minimum of eight vehicles per lane. Facilities for self-service vacuuming and related activities shall be separated from internal driveways and the stacking lanes for the car wash facility.

Note: Service stations shall also meet the conditions of § 335-77P.

(6) Self-storage facilities subject to the following conditions:

(a) No self-storage space shall be used for the storage of hazardous materials.

(b) All self-storage facilities shall be contained within a compound enclosed on all sides by a wall or fence that screens the interior of the compound from adjoining streets and uses. No overhead doors or storage materials shall be visible from outside the compound. Architectural and landscaping elements, including but not limited to offsets in the building line, exterior surface textures and foundation plantings shall be used to mitigate the visual appearance of the compound facade.

(c) All driveways shall be a minimum of 25 feet wide and an adequate internal circulation system shall be provided.

[Amended 5-28-2003 by Ord. No. 2003:10]

(d) The compound containing the self-storage facility shall be subject to the building setback standards for the zone in which it is located except that no self-storage building shall exceed one story in height.

(e) The use of self-storage facilities shall be limited to the storage of goods and security, administrative and maintenance functions incidental to the operation of the self-storage facility. Nonincidental activities such as vehicle or equipment repairs, painting, meetings or rehearsals, retail sales, and related activities shall not be permitted in conjunction with a self-storage use.

(f) There shall be a minimum distance between each self-storage building of 25 feet.

[Amended 5-28-2003 by Ord. No. 2003:10]

E. Density, bulk and yard requirements. Bulk and yard requirements shall not apply to conditional uses set forth in § 335-84D(3).

[Amended 10-13-2022 by Ord. No. 2022-10]

Minimum lot size	40,000 square feet
Minimum lot width and frontage	175 feet
Minimum lot depth	175 feet
Minimum front yard	50 feet
Minimum side yard	40 feet
Minimum rear yard	50 feet
Maximum building height	35 feet
Maximum floor area ratio	0.25
Maximum stories	2
Maximum lot coverage	70%

NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.

F. Buffers. The buffer areas shall adhere to the requirements of § 335-77C.

G. Signs. See § 335-77R.

§ 335-85 PARC Planned Adult Residential Community District.

[Added 12-18-2002 by Ord. No. 2002:18]

A. Purpose. It is the purpose of the PARC District to create a zoning district permitting a comprehensive and integrated mixture of age-restricted residential housing, licensed health care facilities as well as necessary retail, office, medical, social, cultural and recreational uses and facilities addressing the complex needs of citizens aged 55 and older.

B. Permitted principal uses. The following shall be permitted principal uses in the PARC District:

(1) Residential uses. A PARC may contain age-restricted housing of varying types, including, but not limited to detached dwellings, semidetached dwellings, townhouses, apartment-type multifamily and midrise multifamily units.

(2) Nonresidential uses.

(a) In addition to residential uses, a PARC may contain a combination of retail, commercial, and professional office and medical facilities and uses as shall be required or desired to service the needs of the residents of the PARC as well as the general community. Although not mandated in every PARC, medical facilities within a PARC may include a full-service hospital or other licensed health care facilities as a permitted use. Permitted retail, commercial and professional facilities shall be limited to a bank, guest house, places of worship, hobby and craft store, food store, pharmacy, adult day-care center, bowling alley, barber shop, beauty salon, laundry and cleaning services, professional offices for medical practitioners, nursing home, infirmaries and medical and first aid facilities and such similar activities and uses as permitted by the Planning Board.

(b) Food store, pharmacy, and other retail uses shall be limited to a size and scale deemed appropriate by the Planning Board and shall be consistent with the purposes of the PARC District.

(3) The residential component of the PARC shall include provisions to satisfy the age-restricted component of the Borough's COAH certified housing plan.

C. Permitted accessory uses on the same lot and customarily incidental to the permitted principal use shall be as follows:

(1) Necessary accessory buildings and facilities, including, but not limited to, gatehouses, garages, carports, storage facilities and administrative, social, cultural and recreational structures shall be permitted.

(2) Radio, television and satellite antennae and dishes consistent with § 335-77B.

D. Density, bulk and yard requirements.

(1) Minimum area. The minimum area of any PARC shall not be less than 35 acres of contiguous land, provided, however, that nothing shall be deemed to prohibit a subdivision or resubdivision of the property for financing or tax planning purposes.

(2) Dwelling unit density. There shall not be more than 10 dwelling units for each gross acre in the PARC. For the purposes of this section, one bed in a health care facility shall be equal to 1/2 unit.

[Amended 5-6-2004 by Ord. No. 2004-08]

(3) Maximum lot coverage. Not more than 65% of the gross land area shall be the units and all paving areas. No less than 35% of the site shall be maintained as green space. Green space shall include but not be limited to all maintained grass areas, recreation spaces, walking trails, water features, entry features, and required setback areas.

(4) Perimeter boundary lines. No structure shall be closer than 50 feet to any perimeter property line of the PARC. No paved or improved area shall be closer than 25 feet to any perimeter property line.

(5) Setbacks from collector and arterial roads. Where the perimeter property line of the PARC abuts a collector or arterial road, no structure shall be located closer to such road than 75 feet and no paved or improved area shall be closer than 50 feet.

[Amended 5-5-2005 by Ord. No. 2005-10]

(6) Physical characteristics of multifamily buildings. A maximum length of 250 feet per freestanding multifamily building shall be permitted. The ground floor level of any multifamily building may be occupied by commercial and retail users, whose services shall primarily serve the needs of the residents of the PARC.

(7) Space between buildings. No multifamily building shall be closer than 25 feet to any other building. The distance between single-family attached, semidetached and townhouse dwellings shall be governed by the standards of Subsection D(10) of this section except that no single-family dwelling unit shall be closer than 25 feet to any multifamily structure.

[Amended 5-5-2005 by Ord. No. 2005-10]

(8) Floor area of residential dwelling units. No residential dwelling unit or a single floor shall contain less than 650 square feet, exclusive of garages or carports.

(9) Building height.

(a) No single-family detached, semidetached or townhouse dwelling unit shall exceed 2 1/2 stories, or 35 feet, in height. No nonresidential building or structure shall exceed a height of 35 feet. The above height limitations shall not apply with respect to steeples, towers, or similar architectural features of building design and elevator equipment penthouses as may be approved by the Planning Board.

[Amended 5-5-2005 by Ord. No. 2005-10]

(b) Multifamily unit buildings shall have a maximum height of 2 1/2 stories or 35 feet within 75 feet of the perimeter boundary of a development within the PARC district. The maximum height may be increased at a rate of one-foot in height for each additional 10 feet in the distance between the multifamily structure and the perimeter boundary of the development, provided that no building or structure shall exceed a maximum height of 50 feet or a total of four stories.

[Amended 5-6-2004 by Ord. No. 2004-08]

(10) Minimum lot and yard requirements for single-family detached, semidetached and townhouse units.

[Amended 5-5-2005 by Ord. No. 2005-10]

(a) For single-family detached units the following standards shall apply.

[1] A minimum lot size of 5,000 square feet.

[2] A minimum lot width of 50 feet.

[3] A minimum lot depth of 100 feet.

[4] A minimum front setback of 25 feet.

[5] A minimum side yard setback of five feet on one side with an aggregate minimum side yard dimension of 15 feet.

[6] A minimum rear yard setback of 25 feet.

(b) For single-family semidetached units the following standards shall apply.

[1] A minimum lot size of 4,000 square feet.

[2] A minimum lot width of 40 feet.

[3] A minimum lot depth of 100 feet.

[4] A minimum front setback of 25 feet.

[5] A minimum side yard setback of 15 feet between buildings.

[6] A minimum rear yard setback of 25 feet.

(c) For townhouse units the following standards shall apply.

[1] A minimum lot size of 2,000 square feet.

[2] A minimum lot width of 20 feet.

[3] A minimum lot depth of 100 feet.

[4] A minimum front setback of 25 feet.

[5] A minimum side yard setback of 20 feet between buildings.

[6] A minimum rear yard setback of 25 feet.

(11) Special bulk requirements for hospital use. Any hospital use proposed within a PARC shall conform to the density, bulk and year requirements of § 335-86.

(12) Buffer. Buffer areas shall adhere to the requirements of § 335-77C.

E. Phasing. A project under this section may be approved in phases. No more than 50% of the certificates of occupancy for residential units may be issued before building permits for at least 25% of the nonresidential space has been issued. No more than 75% of the certificates of occupancy for residential units may be issued before building permits for at least 50% of the nonresidential space has been issued.

§ 335-86 R-AR Residential Age-Restricted District.

[Added 12-18-2002 by Ord. No. 2002:18]

A. Purpose. The purpose of the R-AR District is to provide for existing developments of age-restricted single-family detached dwellings for residents 55 years of age or older.

B. Permitted principal uses. The following shall be permitted principal uses in the R-AR District:

(1) Single-family detached dwellings for households consisting of residents 55 years of age or older except that a maximum of one child 18 years or older may reside as a permanent resident with his or her parent or parents.

(2) Parks and open space areas.

(3) Utility services as defined herein.

(4) Temporary sales office/model homes in accordance with § 335-77O.

C. Permitted accessory uses on the same lot and customarily incidental to the permitted principal use shall be as follows:

(1) Private garages and parking areas, patios, decks, balconies and porches, provided that such accessory uses are subordinate to the principal use and serve only the principal use. Detached garages shall have a minimum front yard setback of 45 feet.

(2) Swimming pools and hot tubs accessory to residences, including their related decking and coping, provided that all facilities shall conform to § 335-77S. All pools, hot tubs and decking, coping, and appurtenant structures associated with a pool or hot tub shall be located in the rear yard and not closer than 10 feet from any lot line. Pool cabanas shall not exceed 12 feet in height.

(3) Fences and walls subject to the provisions of § 335-77F. Fences and walls shall be erected inside the property boundary line and not closer than 10 feet from the front lot line.

(4) Tool, storage or garden shed with a maximum floor area of 150 square feet and a maximum height of 10 feet. Tool, storage or garden sheds shall be located in the rear yard area and no closer than five feet to any lot line.

(5) Residential antennas and satellite dishes subject to the provisions of § 335-77B.

(6) Home occupations subject to the following standards:

(a) Not more than 25% of the dwelling shall be devoted to the operation of the home occupation.

(b) The home occupation activity shall be limited to the principal residential structure on the lot.

(c) No more than one employee not residing in the dwelling shall be permitted to work on premise and adequate off-street parking shall be provided for the nonresident employee.

(d) No exterior signage related to the home occupation shall be permitted.

(e) No activity related to the home occupation shall be visible from a property line or public street.

(f) The residential appearance of the building shall be maintained.

(g) There shall be no noise, light, glare, vibration or related impact or nuisance created in conjunction with the activities of the home occupation.

(h) There shall be no delivery of raw materials to or shipment of finished goods from the site. On-site sales and customer visits shall be prohibited.

D. Density, bulk and yard requirements.

	Type	Requirement
	Minimum lot area [Amended 5-28-2003 by Ord. No. 2003:10]	5,500 square feet
	Minimum lot width and frontage	50 feet
	Minimum lot depth	100 feet
	Minimum front yard	25 feet
	Side yards
	One side	5 feet
	Aggregate side yard	15 feet
	Minimum distance between buildings [Amended 5-28-2003 by Ord. No. 2003:10]	20 feet
	Maximum building height	35 feet
	Maximum stories	2
	Maximum lot coverage	55%

§ 335-87 I-2, I-3 and PI-3 Industrial Districts.

[Amended 12-18-2002 by Ord. No. 2002:18]

The PI-3 District is in the Pinelands.

A. Purpose. The purpose of the I-2 District is to establish areas where a variety of industries and businesses either exist or may in the future be located. The I-3 District is located in areas largely undeveloped. The I-3 and PI-3 design standards are intended to require larger tracts and provide more open space. Both districts will contribute to the economic base of the community by providing employment and a market for other businesses and service uses. In the Pinelands Area development shall comply with the District regulations in which it is located, except that to the extent there may be an inconsistency with the I-2 or I-3 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail. Notwithstanding the permitted uses, building height, and other zoning criteria set forth herein, all development in the I-3 District shall also be required to meet the criteria for airport hazard zones as set forth and regulated by the New Jersey Department of Transportation in N.J.A.C. 16:62-1.1 to 16:62-11.1, as amended.

B. Permitted principal uses (land and buildings) shall be as follows:

(1) Any principal and accessory use permitted in the C-2 District is permitted in the I-1, I-3 and PI-3 Districts in accordance with the requirements set forth in the C-2 District, except that where the same use is set forth below, then the requirements of this I-2, I-3 or PI-3 District shall prevail, as applicable.

(2) Manufacturing, fabrication and assembly operations.

(3) Retail warehouse uses (see definition[1]), lumber and building materials and other similar yards and home improvement centers.

[1] Editor's Note: See § 335-2, Definitions and word usage.

(4) Borough uses.

(5) Child-care centers or day-care centers shall be permitted uses provided that they meet the requirements of § 335-77D herein.

(6) Utility services as defined herein, plus other commercial or industrial aspects of these or any other utility service which may or may not be part of a regulated utility company such as towers, repair garages, offices, open storage, recycling, work areas and storage tanks.

(7) Hotels and motels.

C. Permitted accessory uses (land and buildings) shall be as follows:

(1) Off-street parking lots and off-street loading areas.

(2) Supply and equipment storage.

(3) Cafeterias and eating areas are permitted in any use.

(4) Hotels or motels may have snack bars, restaurants, gift shops, newsstands, travel agents, banking services, clothing stores, meeting rooms, pools and exercise facilities as accessory uses within the hotel or motel. A pool may be outside. All accessory uses shall be designed as an integral part of the interior of the hotel or motel with no separate, exterior access and no drive-up window services, except a pool may be outside.

(5) The indoor repair of equipment at work bench scale such as computers, appliances and office equipment.

(6) Warehousing as an accessory use incidental to the principal use in the same building and not exceeding 40% of the gross floor area of the building in which the warehouse is located. The screening of parking and loading operations from public streets and nearby residential areas shall be accomplished by locating these operations behind buildings or by creating berms and/or planting areas.

(7) Amateur radio transmitting and receiving devices, television and satellite dish receiving antennas consistent with § 335-77B.

(8) All uses which are normal and incidental accessory uses consistent with the principal use. In the case of offices, such incidental uses include examination rooms and laboratories in medical offices; drafting and typing rooms; rooms for copying machines and storage of supplies; and areas for receptionists, bookkeeping, conferences and similar operations.

(9) Fences and walls, provided that they are consistent with § 335-77F.

D. Conditional uses shall be as follows:

(1) Any use permitted in the C-2 District in accordance with the conditions set forth in the C-2 District, except where the same use may be set forth below, then the requirements of this I-2 District shall prevail.

(2) Outdoor equipment storage such as construction equipment, large spools of telephone or cable television cable and similar equipment (but excluding junked material, tires, raw materials and finished products that are part of a manufacturing, assembly or fabricating process).

(3) Self-storage facilities subject to the following conditions:

(a) No self-storage space shall be used for the storage of hazardous materials.

(b) All self-storage facilities shall be contained within a compound enclosed on all sides by a wall or fence that screens the interior of the compound from adjoining streets and uses. No overhead doors or storage materials shall be visible from outside the compound. Architectural and landscaping elements, including but not limited to offsets in the building line, exterior surface textures and foundation plantings shall be used to mitigate the visual appearance of the compound facade.

(c) All driveways shall be a minimum of 25 feet wide and an adequate internal circulation system shall be provided.

[Amended 5-28-2003 by Ord. No. 2003:10]

(d) The compound containing the self-storage facility shall be subject to the building setback standards for the zone in which it is located except that no self-storage building shall exceed one story in height.

(e) The use of self-storage facilities shall be limited to the storage of goods and security, administrative and maintenance functions incidental to the operation of the self-storage facility. Nonincidental activities such as vehicle or equipment repairs, painting, meetings or rehearsals, retail sales, and related activities shall not be permitted in conjunction with a self-storage use.

(f) There shall be a minimum distance between each self-storage building of 25 feet.

[Amended 5-28-2003 by Ord. No. 2003:10]

E. Density, bulk and yard requirements shall be as follows:

	Type	I-2 District	I-3 and PI-3 Districts
	Minimum lot area	40,000 square feet	2.0 acres
	Minimum lot width	200 feet	250 feet
	Minimum lot depth	200 feet	250 feet
	Minimum front yard*	50 feet	100 feet
	Minimum side yard*	20 feet	75 feet
	Minimum rear yard*	50 feet	100 feet
	Maximum building height	40 feet	40 feet
	Maximum lot coverage	50%	50%
	Maximum floor area ratio	0.20	0.20
	* NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.

F. Buffer. The buffer areas shall adhere to the requirements of § 335-77C.

G. Signs. See § 335-77R.

§ 335-88 INST Institutional District

[Amended 12-18-2002 by Ord. No. 2002:18]

A. Purpose. This district is created to locate various locations where public and quasi-public uses currently exist.

B. Permitted principal uses (land and buildings) shall be as follows:

(1) Public and private schools for academic instruction.

(2) Parks and recreation areas, including indoor facilities.

(3) Firehouses and ambulance squads.

(4) Municipal buildings and other government uses and services.

(5) Hospitals or health care facilities, nursing homes and assisted living residences.

(6) Places of worship.

[Amended 12-14-2017 by Ord. No. 2017-15]

(7) Cemeteries.

(8) VFW, Elks and similar national lodges.

C. Accessory uses (land and buildings) shall be as follows:

(1) Off-street parking and loading.

(2) Amateur radio transmitting and receiving devices, television and satellite dish receiving antennas consistent with § 335-77B.

(3) Fences and walls, provided that they are consistent with § 335-77F.

(4) Meeting rooms, kitchens and temporary sleeping accommodations for emergency service uses (permanent dwelling units are not permitted).

(5) Meeting rooms, kitchens and child-care facilities in places of worship and lodges.

[Amended 12-14-2017 by Ord. No. 2017-15]

(6) Cafeterias, meeting rooms, gift shops, waiting rooms, chapels, laboratories, offices and such other normal accessory uses with a hospital or health care facility, nursing home or assisted living residence.

(7) Mausoleums no higher than 12 feet, grave markers and statues in cemeteries and one accessory office building limited to the conduct of the cemetery business and having access only from interior drives within the cemetery.

D. Conditional uses shall be as follows: none.

E. Density, bulk and yard requirements shall be as follows:

Type	School, Hospital, Nursing Home, Assisted Living	All Other Uses
Minimum lot area	5 acres	16,000 square feet
Minimum lot width (feet)	200	125
Minimum lot depth (feet)	300	125
Minimum front yard* (feet)	50	25
Minimum side yard* (feet)	20	25
Minimum rear yard* (feet)	50	25
Maximum building height	30 feet and 3 stories	35 feet and 2 stories
Maximum lot coverage	60% school and hospital 40% other	10% parks, recreation and cemetery 60% other uses
Maximum floor area ratio	0.20	0.05 parks, recreation and cemetery 0.20 other uses
* NOTE: Setbacks for buildings, other on-site improvements: 15 feet

F. Buffer. The buffer area shall adhere to the requirements of § 335-77C.

G. Signs. See § 335-77R.

§ 335-89 E-1 Environmental District.

[Amended 12-18-2002 by Ord. No. 2002:18]

A. Purpose. This district is created to identify publicly owned properties restricted to open space uses.

B. Permitted principal uses (land and buildings) shall be as follows:

(1) Parks and recreation areas.

(2) Other publicly owned open space uses.

C. Accessory uses (land and buildings) shall be as follows:

(1) Off-street parking and loading.

(2) Courts, fields and related recreation improvements.

(3) Roofed picnic areas and storm shelters.

(4) Maintenance sheds for equipment used to maintain the site.

D. Conditional uses shall be as follows: none.

E. Density, bulk and yard requirements shall be as follows:

	Type	Requirement
	Minimum lot area	5 acres
	Minimum lot width	300 feet
	Minimum lot depth	300 feet
	Minimum front yard*	100 feet
	Minimum side yard*	100 feet
	Minimum rear yard*	100 feet
	Maximum building height	15 feet and 1 story
	Maximum lot coverage	10%
	Maximum floor area ratio	0.01
	* NOTE: Setbacks for buildings, other on-site improvements: 15 feet

F. Buffer. The buffer area shall adhere to the requirements of § 335-77C.

G. Signs. See § 335-77R.

H. Design standards. Buildings and sites in the INST District with frontage on South White Horse Pike between Berlin-Cross Keys Road and Taunton/East Taunton Avenues shall comply with the design standards of § 335-35.1.

[Added 10-4-2010 by Ord. No. 2010-12]