[Added 8-10-2009 by Ord.
No. 2009-12]
[Amended 12-12-2011 by Ord. No. 2011-26]
A.
General.
(1)
Prior to the construction of any new driveway or parking area
on a residential or commercial use or relocation of any existing driveway
or parking area on a residential or commercial use, an applicant must
submit a survey to the Zoning Official setting forth the permitted
setbacks and precise location of the residential or commercial driveway
location and obtain a zoning permit. The zoning application shall
indicate conformance to the setbacks and the parking and driveway
surface material as set forth in this section.
(2)
The Residential Site Improvement Standards (RSIS) shall govern
parking requirements and driveways for residential major subdivisions
and site plans approval. Where the RSIS does not provide a zoning
requirement and standard, the municipal standards and procedures shall
be followed.
(3)
When two or more property owners provide parking facilities
which are interconnected, the parking space and driveway standards
apply to both owners.
(4)
All vehicles weighing less than 26,000 pounds or not requiring
a commercial driver's license are permitted to be parked or stored
in residentially zoned districts of any lot occupied by a residential
dwelling unit in any other zone in the Borough.
B.
Location.
(1)
Off-street parking space and driveway locations. Parking is
permitted only within parking spaces and driveways that are located
within the following locations:
(a)
A driveway for a residential or commercial use shall be located
no closer than three feet from the side property line in any Borough
Zone, except, where two or more property owners provide driveways
or parking facilities which are interconnected, or share driveway
aprons, the driveway may be located at the side property line.
(b)
A driveway for a residential or commercial use shall be located
no closer than the rear yard setback for accessory structures in the
Borough Zone for the lot. The minimum rear yard requirements for accessory
structures as of 2010 are:
(c)
In any Borough Zone, a parking space for a residential use shall
be located in front of the garage and shall not occupy more than 30%
of the area within the front yard setback or the area from the front
wall of the residential structure to the front property line, whichever
is more restrictive.
(2)
The width of any off-street parking space and driveway at the
edge of the driveway apron and in the front yard setback area shall
not exceed 12 feet. The off-street parking area and driveway may widen
to greater than 12 feet in width, provided that:
C.
Surfaces.
(1)
Off-street parking space and driveway surface. The following
surfaces are permitted for parking spaces and driveways on a lot with
a residential or commercial use:
(a)
Apron surface. All residential and commercial driveways shall
have driveway aprons constructed in compliance with the Burlington
County Standard Details applicable to driveway aprons, including "Driveway
Profiles," "Depressed Curb Detail," "Residential Paved Driveway" and
"Concrete Apron Detail" and any future revisions of these details
as may be adopted by the Burlington County Standard Details.
(b)
Residential driveway surface. Parking spaces and residential
driveways likely to experience light traffic may be surfaced with
the materials listed below. The parking space and driveway surface
must be visibly maintained in good condition as defined in this section
and as approved by the Zoning Officer.
[1]
Impervious surface materials of bituminous concrete (asphalt)
NJDOT Mix I-5 with a minimum thickness of 1.5 inches, concrete, brick,
or paving stones set over concrete, provided that:
[3]
Pervious surfaces of porous asphalt, porous pavers and other
permeable products with a hard surface, provided that:
[4]
Material under vehicle wheels may be options i) bituminous concrete,
ii) dense graded aggregate or iii) permeable products as stated above
with a center glass strip, provided that:
(c)
Commercial driveway surface. Parking spaces and commercial driveways
may be surfaced with the materials listed below. The parking space
and driveway surface must be visibly maintained in good condition
as defined in this section and as approved by the Zoning Officer.
[1]
Impervious surface materials of bituminous concrete (asphalt)
NJDOT in accordance with the Borough ordinance for site plans, concrete,
brick, or paving stones set forth over concrete, provided that:
[2]
Pervious surfaces of porous asphalt, porous pavers and other
permeable products with a hard surface, provided that:
[4]
Grass surfaces are not permitted for parking spaces and driveways
on lots with commercial use.
No motor vehicle or nonmotorized vehicle of any type shall be permitted to undergo major overhaul or repair outside of an enclosed structure on a property occupied by a dwelling unit unless the vehicle is owned by the occupant of the dwelling unit and the work can be performed for no more than 45 days. Prior to any such work being commenced, the owner shall obtain a permit from the Code Enforcement Official. This section is not an exception to § 158-106 above.
A.
No trailer, auto trailer, trailer coach, travel trailer, camper or
boat shall be used for dwelling purposes, sleeping quarters or the
permanent conduct of any business, profession, occupation or trade.
B.
Trailers, boats or boat trailers which are 21 feet or more in length
as measured from outside dimensions shall be parked or stored inside
the confines of a building only.
C.
All trailers, boats or boat trailers shall be stored in side or rear
yard areas only; no trailer, boat, or boat trailer shall be parked
or stored in the front yard areas of a lot.
D.
Each occupied single-family residential property may have outside
parking or storage upon it for up to two recreational vehicles or
trailers, in a safe and effective operating condition. All recreational
vehicles and trailers shall display thereon a current state license
and/or registration. No self-propelled recreational vehicle stored
on the property shall exceed 40 feet in length unless within the confines
of a building.
E.
Any trailer, boat, or boat trailer parked in the side or rear yard
area of any lot shall meet the applicable zoning district regulations
governing setbacks of accessory buildings from property lines and
buildings.
F.
To obscure from public view to the maximum extent possible, any trailer,
boat or boat trailer parked or stored in a side or rear yard area
and not in an enclosed building shall be screened by evergreen plantings
at least six feet in height, spaced three feet apart, or as necessary
to form a one-hundred-percent visually impervious buffer after two
years.
Trailers for emergency housing for households displaced by fire,
storm, flooding or other natural disaster may be located on individual
lots in zoning districts where single-family detached and two-family
residential uses are permitted for the period of reconstruction. The
installation of such trailers shall conform to the following requirements.
A.
The trailer shall be placed on the lot where the residence made uninhabitable
by such disaster is located.
B.
No more than one unit of emergency housing shall be permitted per
lot.
C.
All such trailers shall be removed from the reconstruction site upon
the issuance of a certificate of occupancy of the permanent residence.
D.
No such trailer shall be placed in the front yard setback required
for the respective zoning district.
E.
Such temporary housing shall not exceed 900 square feet in floor
area.
A.
The swimming pool apron, or in the case of an aboveground pool, the
outer edge of an elevated walkway, shall be set back a minimum of
five feet from the side and rear property lines.
B.
Pools shall be considered impervious surface, which shall not exceed
the impervious surface of the zone (when included with other impervious
surfaces).
C.
Pools shall not be located in side or front yards.
D.
Required pool setbacks shall be measured from the nearest inside
wall of the pool.
E.
Any pool requiring a drain shall install an anti-entrapment drain
cover.
F.
Residential swimming pools shall be installed only on lots containing
a residence.
G.
Pool effluent which is the result of draining, cleaning, filter,
flushing or other pool maintenance operation shall not be permitted
to flow overland across adjacent property lines and must be discharged
to a street or storm sewer inlet.
H.
No pool whose drain empties into the public streets shall be emptied
or drained when the temperature is less than 40° F.
I.
Fencing shall be required around all swimming pools in accordance
with the Uniform Construction Code and other regulations of the Borough
of Palmyra. The barrier must be independent of any neighboring barrier.
Neighboring barriers are not to be shared for purposes of meeting
pool barrier requirements. Two conforming pool barriers may be placed
back to back, provided the barriers are not climbable from either
side.
Temporary construction trailers and one sign not exceeding 12
square feet, advertising the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction,
beginning with the issuance of a building permit and concluding with
the issuance of a certificate of occupancy or one year, whichever
is less, are permitted, provided the trailer and sign are on site
where construction is taking place and set back at least 15 feet from
all lot lines. If the construction is to take place for a period exceeding
one year, the developer may apply for and the Zoning Officer may grant
extensions to the time during which the sign may occupy the site.
The applicant should apply at least one month before the expiration
of the time period.
Aboveground fuel storage tanks on single-family detached residential
properties shall be permitted in the side or rear yard only. Aboveground
fuel storage tanks located on nonresidential or multifamily residential
sites shall be considered as a part of site plan review, and, to the
extent feasible, they shall be adequately screened and placed in the
side or rear yard areas of the site. All tanks are subject to the
Uniform Construction Code and Division of Fire Safety Code requirements.
The erection of any permanently mounted security bars, grates,
or other measures shall first be approved by the Land Use Board prior
to the installation.
All permits required under the provisions of this Land Development
Code shall be subject to the floodplain regulations[1] set forth in the Borough Code.
[Amended 12-12-2011 by Ord. No. 2011-26]
A.
Pursuant to the provisions of the Municipal Land Use Law, N.J.S.A.
40:55D-68, any nonconforming use or structure existing at the time
of the passage of an ordinance may be continued upon the lot or in
the structure so occupied and any such structure may be restored or
repaired in the event of partial destruction thereof.
B.
Any owner, prospective purchaser, prospective mortgagee, or any other
person interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before adoption of the ordinance
which rendered the use of structure nonconforming. The applicant shall
have the burden of proof in all applications. Any such application
may be made to the Administrative Officer/Zoning Official within one
year of adoption of the ordinance which rendered the use or structure
nonconforming or at any time to the Land Use Board. Denial by the
Administrative Officer/Zoning Official shall be appealable to the
Land Use Board, and any such appeal shall be taken within 20 days
of denial by the Administrative Officer/Zoning Official.
C.
Any application for a certificate shall include a statement signed
by an individual(s) with personal knowledge regarding the facts of
the application. It shall include:
(1)
A designation of the block and lot;
(2)
A description of the subject use or structure for which a certificate
is sought;
(3)
A description of the frequency that such use is undertaken at
the subject property;
(4)
The length of time such use or structure has existed or been
undertaken on the subject property;
(5)
A description of the basis for the knowledge set forth in the
application;
(6)
Any photographs, records or other documents which support the
application;
(7)
Any other information or documents in support of such application.
Christmas trees. The annual sale of Christmas trees is permitted
in any nonresidential zone between the Friday after Thanksgiving and
December 25. A forty-six-dollar permit must be secured prior to the
commencement of sales. Any unsold Christmas trees remaining after
Christmas must be removed by December 27.
