No lot area shall be so reduced that the area of the lot or
the dimensions of the open spaces shall be smaller than herein prescribed.
No yard or other open space provided about any building or structure
for the purpose of complying with this Part 4 shall be considered
as a yard or other open space for another building or structure.
Within an area the radius of which extends a distance of 25
feet from the point of intersection of street lines of two streets,
no fence, wall or vegetation shall be erected or maintained more than
2 1/2 feet above the mean curb level, except shade trees trimmed
up to a distance of 10 feet, as measured from the ground, and except
a building permitted hereunder.
[Amended 7-8-1998 by Ord. No. 98:08; 6-9-1999 by Ord. No.
99:06; 10-11-2000 by Ord. No. 2000:12]
A.
No building, structure or lot shall be used for any trade, business
or purpose which is or may be reasonably expected to be noxious or
offensive by reason of causing or emitting odor, smoke, vapor, gas,
dust, garbage, refuse matter or noise, including the housing of an
internal-combustion engine or machinery, unless the objectionable
noise and vibrations are eliminated, that is detrimental to the health
or general welfare of the Borough.
B.
No building, premises, lot or any part thereof shall be used and
no building shall be erected which is arranged, intended or designed
to be used in any district for any of the following specified trades
or other uses:
(1)
Chemical manufacture or processing of chemicals.
(2)
Manufacture of cement or cement products.
(3)
Piggeries.
(4)
Junkyards.
(5)
Used car lots, including the sale of any used car or any used
item, including but not limited to boats, trailers, motorcycles, etc.,
on any lot that is zoned for commercial uses (regardless of its actual
use) by being located in the B1 Business District or B2 Shopping Center
Business District Zones.
(6)
Varnish or paint products manufacture.
(7)
Coal yards or lumberyards.
(8)
Sawmills or planting mills.
(9)
Surface mining.
C.
No radio or television interference shall be permitted in any district.
D.
No trailers shall be permitted unless in conformance with the provisions of Chapter 243 of this Code.
E.
No wireless telecommunications towers or antennas shall be permitted
in any district within the Borough of Somerdale except in the Municipal/Facilities
District. Notwithstanding the above, no wireless telecommunications
tower or antenna shall be permitted within 200 feet of any residence,
public school or public recreation facility.
G.
No wood burning boilers shall be permitted in any zoning district
within the Borough.
[Added 5-14-2015 by Ord.
No. 2015:05]
In case of irregularly shaped lots where sides are not parallel
the average width of the lot may be taken in place of the actual street
frontage and in such cases the street frontage shall not be less than
66 2/3% of the minimum widths herein prescribed.
A.
No buildings or structures of a portable nature, stationary vehicles
or stands of any description shall be permitted on any lot or parcel
of land for the purpose of displaying or selling food, merchandise
or commodities of any kind.
B.
No trailer shall be used as an office or for the storage of equipment
or merchandise; except when authorized by the Zoning Officer temporarily
for the duration of and in conjunction with the construction of buildings.
No barn, building or structure of a temporary nature, garage,
house trailer, outbuilding, shack or tent shall be placed, erected
or permitted to be used, either temporarily or permanently, on any
lot or parcel of land for living or sleeping purposes in any district.
[Amended 7-8-1998 by Ord. No. 98:08]
When a building is used in part for dwelling or sleeping purposes,
the minimum area used for these purposes shall not be less than 350
square feet per family. In detached duplex or multiple dwellings,
there shall also be a minimum of 350 square feet per family.
The following regulations shall apply to projections and encroachments
into required open spaces:
A.
Bay windows, oriels and open balconies shall not project more than
five feet into the required front or rear yard, nor shall they be
closer to the side lot line than the minimum width of the side yard
required in their respective districts.
B.
Open or enclosed porches not over one story in height shall not project
more than eight feet into the required front yard, nor shall they
be closer to the side lot line than the minimum width of the side
yard required in their respective districts.
C.
An open or enclosed fire escape or balcony to a fire tower or fire
escape shall not project more than four feet into a side yard.
D.
All outside service stairs leading to other than the first floor
shall be at the rear of the building.
No building or structure or part thereof shall hereafter be
erected, constructed or altered and no building, structure or land
or part thereof shall be used except in conformity with this Part
4.
[Amended 7-8-1998 by Ord. No. 98:08]
No merchandise shall be displayed or stored in front of, behind
or on the side of any building within five feet of any sidewalk and,
in the event that there is no sidewalk, within five feet of any property
line, right-of-way or access easement line. No goods, articles, appliances,
vehicles or other merchandise shall be displayed or stored in the
Business Districts (either B1 or B2), unless said items are to be
sold on the subject premises and unless said items shall be located
to the rear of the front building setback line and screened in a manner
which prevents them from being viewed from the street of from any
residential property. Visible storage of any items of any kind shall
not be permitted on the premises within any residential district.
In any residential district, no accessory building shall exceed
20 feet in height or extend within five feet of any side or rear lot
line, with the exception that, by mutual agreement of adjoining property
owners, a twin (jointly owned) garage may be erected upon side or
rear lot lines. A garage connected to a house by a breezeway or similar
structure shall not be considered an accessory building, but an attached
garage, and shall be subject to the same setback and side yard restrictions
as the house. On a corner lot, the accessory building shall not be
closer to any street than the principal building setback.
The maximum height of buildings shall be as follows:
A.
In all residential districts, 2 1/2 stories or 35 feet in height
above the mean curb level measured at the building setback line. Where
the average ground elevation at the building setback line is higher
than the mean curb level, such difference in height may be added to
the height limit. In the case of a terrace or open steps at the building
setback line, such difference in height may be added to the height
limit, provided that such additional height does not exceed 3 1/2
feet.
B.
In all other districts, no building or structure shall exceed 40
feet in height, as measured from the mean curb level, with the exception
that this Part 4 does not intend to prohibit the erection or use of
stage lofts, elevators, penthouses, church steeples or things of this
nature.
[Amended 7-8-1998 by Ord. No. 98:08; 6-9-1999 by Ord. No.
99:06]
Around the front yard, fences shall be a maximum of four feet in height. Side yard and rear yard fences shall be a maximum of six feet in height, except as provided in § 162-112. Fences shall be required around swimming pools in accordance with the New Jersey Construction Code and all other applicable regulations. For any fence when there is a difference between the sides of the fence itself, it shall be constructed so that the finished or most aesthetically-pleasing side is facing outward from the fence-owner's property, with the unfinished or least aesthetically-pleasing side facing inward whenever possible.
No soil, mineral or similar material may be removed from any
lot except that which is purely incidental to the construction of
a building structure. No excavation on any lot exceeding one foot
in depth, except for the purpose of locating poles or underground
service connections of public utilities, shall be permitted unless
a building permit is first secured.
[Added 7-8-1998 by Ord. No. 98:08]
For corner lots that front on two streets, the yard that the
front of the house, building or structure faces on shall be deemed
the front yard; a front yard building setback shall be 25 feet from
the street line (front lot line). The second yard that fronts on a
street (but without the front of the house, building or structure
facing it) shall be deemed a side yard; the side yard building setback
for such a side yard shall be 20 feet from the street line (front
lot line).
In any zone, before a permit is issued for any permitted use
other than those exempted by the Site Plan Review Ordinance, a site
plan shall be submitted to the Planning Board in accordance with the
Site Plan Review Ordinance.[1]
[Amended 7-8-1998 by Ord. No. 98:08]
Where business or industrial establishments or other high-traffic-generating
uses abut a residential district, a landscape fence or evergreen planting
providing visual obstruction shall be provided. Such fence or planting
materials shall be at least four feet high at the time of construction
or planting, and it shall be the responsibility of the property owner
to carry out this program and provide for its maintenance. The location
and design of buffer strips shall consider the use of the portion
of the property being screened, the distance between the use and the
adjoining property line, differences in elevation, the type of buffer,
such as dense planting, wooded areas, walls, fences or landscaped
earth berms, buffer height and other combinations of man-made and
natural features. The buffer shall be designed, planted, graded, landscaped
and developed with the general guidelines that the closer of a use
or activity is to a property line or the more intense the use, the
more effective the buffer area must be in observing light and vision
and reducing noise beyond the lot.
A.
Space in a private garage in a residential district may be used for
not more than one commercial vehicle. Space in a garage may be rented
for not more than two vehicles of other than occupants of the building
to which such garage is accessory.
B.
No commercial vehicle of more than three-fourths-ton capacity including
tractors, trailers or any other type of commercial vehicle, shall
be stored overnight or on Sunday on the land or premises in a residential
district, except in a garage. No commercial vehicle of more than three-fourths-ton
capacity, including tractors, trailers or any other type of commercial
vehicle, shall be stored overnight or on Sunday in any public street.
No display vehicle for commercial purposes shall remain in any district
or on any public street for longer than a twenty-four-hour period.
For the purposes of this section, "overnight" shall be construed to
mean between the hours of 9:00 p.m. and 7:00 a.m.
C.
No commercial vehicle shall habitually use the streets in residential
areas as thoroughfares.
[Amended 7-8-1998 by Ord. No. 98:08; 12-13-2000 by Ord. No.
2000:17]
A.
Use regulation. In all districts in which the types of buildings
and uses specified hereinafter are permitted by this Part 4, off-street
parking and off-street loading facilities in connection with such
buildings erected after the adoption of this Part 4 and any extension,
addition or enlargement of such buildings shall be provided in an
amount not less than that hereafter specified. In addition, off-street
parking must comply and be compatible with the limits for maximum
occupancy as specified by the municipal Fire Marshal or his designated
representative.
B.
Off-street parking. Off-street parking as set forth in this section
shall be determined in accordance with the following:
(1)
For a hotel, motel, boardinghouse or similar use, one parking
space for each 100 square feet of bedroom floor area.
(2)
For a church, auditorium, theater, stadium, recreational establishment
or similar use involving the assembly of persons, one parking space
for each three seats. For a church or other establishment which has
pews or benches instead of individual seats, every 24 inches shall
be deemed a separate seat for the purposes of this provision.
(3)
For an office building, professional building or similar use,
one parking space for each 300 square feet of floor area.
(4)
For each retail store, shop, bank or similar establishment,
one parking space for each 200 square feet of first-floor retail merchandise
or commercial area and one parking space for each 400 square feet
of such area above or below the first floor.
(5)
For a restaurant, nightclub, bar or similar place dispensing
food, drink or refreshments, one parking space for every 2.5 seats,
plus one parking space for every two employees on the shift of greatest
employment.
(6)
For a manufacturing establishment or industrial plant, one parking
space for each 400 square feet of floor area, exclusive of storage
space.
(7)
For hospitals, nursing homes and similar uses, one parking space
for each three beds, plus one space for each two employees other than
staff doctors plus one space for each doctor assigned to the staff.
(8)
For one-family and two-family dwellings, two parking spaces
per dwelling unit.
(9)
For apartments, 1.8 parking spaces per unit.
(10)
For business schools, trade schools, child-care centers, nurseries,
etc., 10 parking spaces per 1,000 square feet of classroom area plus
4.5 parking spaces per 1,000 square feet of faculty and administrative
offices; and one for day care and nurseries, one parking space for
every four children plus four parking spaces per 1,000 square feet
for drop off and pickup.
C.
Off-street loading.
(1)
For any building or premises used for commercial, industrial
or storage purposes, indoor or outdoor space for loading and unloading
of goods and materials shall be provided on the premises whenever
the aggregate area used for such purposes is 6,000 square feet or
more, in accordance with the following schedule:
D.
The off-street parking facilities required for other similar buildings specified in Subsection B and for other similar uses shall be on the same lot or parcel of land as the building they are intended to serve unless adequate nearby facilities shall have been approved by the Zoning Board of Adjustment or Planning Board.
In R-1 and R-2 Residence Districts, recreational vehicles, recreational
trailers and boats shall be limited to the sum total of two per dwelling
unit. They shall be parked or stored in side yards or rear yards.
[Added 7-8-1998 by Ord. No. 98:08; amended 3-8-2000 by Ord. No. 2000:05]
The following regulations shall apply to all home occupations:
A.
Home occupations shall only be allowed as an accessory use to a primary
residential use.
B.
The floor area devoted to the home occupation shall not exceed 150
square feet.
C.
No vehicles, material or equipment related to the home occupation
shall be parked or stored on the outside of the residential building.
D.
No employees of the home occupation, except for members of the immediate
family residing on the premises, shall be employed at the site.
E.
No nonresident employees, customers, business invitees or guests
shall visit the dwellings unit for business purposes.
F.
No article or item of merchandise shall be sold or offered for sale
at the site unless same was made or produced by members of the immediate
family residing on the premises.
G.
No home occupation use shall be permitted unless clearly incidental
to the use of the dwelling for dwelling purposes and provided such
proposed use does not change the character of said dwelling, including
but not limited to, no special signs, lights, parking, storage, etc.
H.
The home occupation use shall not be served by an entrance separate
from the regular household entrance.
I.
The home occupation use shall not operate any equipment or process
that creates noise, vibration, glare, fumes, odors, or electrical
or electronic interference, including interference with telephone,
radio or television reception detectable by neighboring residents.
J.
The home occupation use shall not require any increased or enhanced
electrical or water supply.
K.
The quantity and type of solid waste disposal shall be the same as
other residential uses in the zone district.
L.
The capacity and quality of effluent shall be typical of normal residential
use, and shall create no potential or actual detriment to the sanitary
sewer system or its components.
M.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel
Service, Federal Express and other similar-type delivery services
providing regular service to residential uses in the zone district.
N.
All vehicular traffic to and from the home occupation use shall be
limited in volume, type and frequency to what is normally associated
with other residential uses in the zone district.
O.
No home occupation use shall be allowed if the same shall adversely
affect the safe and comfortable enjoyment of property rights of the
neighborhood, the community and the zone in which it is to be located.
P.
Each applicant for a Home Occupation use shall pay an Annual Registration
Fee due on or before January first of each year; the Annual Fee for
Home Occupations shall be in accordance with the Annual Fee Ordinance
of the Borough of Somerdale.
