[1967 Code § 15-1.1]
This chapter is enacted for the following purposes: to promote
the health, morals and general welfare of the inhabitants of the Borough
of Pitman; lessen congestion in the streets; secure safety from fire,
panic and other dangers; provide adequate light and air; prevent the
overcrowding of land or buildings; avoid undue concentration of population;
and conserve the value of property and the most appropriate use of
land.
[1967 Code § 15-1.3]
The use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated and every use within a building or use accessory thereto in the Borough of Pitman shall be in conformity with the provisions of this chapter. Any existing building or structure and any existing use of building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended or changed subject to the special regulations with respect to nonconforming buildings or uses as provided in § 35-22.
[1967 Code § 15-1.3]
In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience and general welfare.
Where the provisions of this chapter impose greater restrictions than
those of any other ordinance or regulation, the provisions of this
chapter shall be controlling. Where the provisions of any statute,
ordinance or regulation impose greater restrictions than this chapter,
the provisions of such statute, ordinance or regulation shall be controlling.
[1967 Code § 15-1.4]
This chapter shall be known and may be cited as the "Pitman
Zoning Regulations."
[1967 Code § 15-1.5; Ord. No. 7-2016; amended 5-22-2023 by Ord. No. 3-2023]
Whenever a term shall be used in this chapter which is defined
by N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in the definition of such term found in such statute, unless
a contrary intention is clearly expressed in the contents of this
chapter. Unless otherwise expressly stated, the following words and
phrases shall be construed throughout this chapter to have the meanings
herein indicated. The word "used" shall include the words "arranged,"
"designed" or "intended to be used." The word "building" shall include
the word "structure."
As used in this chapter:
Shall mean any free-standing permanent building subordinate
to the main building on a lot and used for purposes customarily incidental
to those of the main building.
[Amended 5-22-2023 by Ord. No. 3-2023]
Shall mean a use subordinate to the main use of land or of
a building on a lot and customarily incidental thereto.
Shall mean a housekeeping unit, other than a single-family
dwelling, designed for and occupied exclusively as a residence for
one family.
Shall mean an owner-occupied building designed, used and
occupied as a single-family residence which provides overnight lodging
and breakfast to preregistered transient guests.
[Deleted by Ord. No. 7-2016]
Shall mean any structure having a roof supported by walls
or columns.
Buildings may be:
Shall mean the aggregate of the maximum horizontal cross-section
areas, excluding cornices, eaves, gutters and steps, of all buildings
on a lot.
Shall mean the line parallel to the street line at a distance
therefrom equal to the depth of the required front yard.
Shall mean an accessory structure in residential zones at
grade level that is roofed, with a minimum of two open sides, and
that meets the uses as defined in "private garage."
Shall mean the triangular area at a street intersection where
vision is unobstructed, which area is formed by the intersecting curblines
and a line drawn between points on these curblines 25 feet from their
intersection at the corner of the block.
Shall mean a licensed, principal use for the purpose of providing
custodial care of persons, for a period not to exceed 12 hours within
a single day, in return for the payment of tuition, fees or other
compensation. Day-care may include care of either children or adults
who are unable to care for themselves because of diminished capabilities.
See also the definition of "family day-care home."
Shall mean the permitted number of dwelling units per gross
acre of land to be developed.
MULTIFAMILY HOUSING DEVELOPMENTShall mean a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
SENIOR CITIZEN HOUSING PROJECTShall mean an apartment complex of at least 100 dwelling units specifically designed for the needs of the elderly and/or handicapped persons as those terms shall be defined from time to time by the New Jersey Housing Finance Agency and/or the United States of America Housing and Urban Development Agency. The definition shall also include community and recreation areas as an integral part of the project and/or projects which are subsidized by State and/or Federal programs to provide monthly rentals which are affordable to the very least by those on social security income.
SINGLE-FAMILYShall mean a building, on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYShall mean a building, on a lot, designed and occupied exclusively as a residence for two families.
Shall mean an assemblage or equipment for purposes other
than generation or utilization, through which electric energy in bulk
is passed for the purposes of switching, or modifying its characteristics
to meet the needs of the general public, provided that in residence
districts an "electric substation" shall not include rotating equipment,
except as is incidental to the operation of the substation as such,
storage of materials, trucks or repair facilities or housing of repair
crews.
Shall mean an individual; or two or more persons related
by blood or marriage living together; or a group of individuals of
not more than six people, not related by blood or marriage, but living
together as a single-housekeeping unit. In each instance the "family"
shall be understood to include the necessary servants.
Shall mean an accessory use provided in a private residence
approved by the New Jersey Division of Youth and Family Services or
an organization which the division contracts for family day-care in
which child-care services are regularly provided to no less than three
nor more than five children for a period of time of no less than 15
hours per week nor more than 11 hours within a single day. The limitation
on the number of children for whom day-care service is provided shall
not include children who are legally related to the service provider
or who are being cared for as part of a cooperative agreement between
parents for the care of their children by one or more of the parents
where no payment for the care is being provided. See also the definition
of "day-care center."
Shall mean the sum of the area of all floors of buildings
or structures compared to the total area of the site.
[Deleted 5-22-2023 by Ord. No. 3-2023]
Shall mean the following residences are examples of group
homes as referred to in this chapter. Group Homes shall mean:
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESShall mean a community residential facility licensed pursuant to N.J.S.A. 30:11-B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to group homes, halfway houses, supervised apartment living arrangement, and hostels.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLEDShall mean any community residential facility licensed pursuant to N.J.S.A. 30:11-B-1 et seq., providing food, shelter, and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such residence shall not be considered a health care facility within the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq. In the case of such community residence housing mentally ill persons, such a residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health Services of the New Jersey Department of Human Services.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILLShall mean any community residential facility operated as a hospice program providing food, shelter, personal guidance, and health care services, under such supervision as required, to not more than 15 terminally ill persons.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEShall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by the New Jersey Department of Human Services, pursuant to N.J.S.A. 30.14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been the victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
Shall mean the height of a building or structure shall be
measured from the ground level to the level of the highest roof thereon.
The following structures shall not be included in calculating height:
church spires, cupolas, grandstands, chimneys, flagpoles, radio aerials
and their supports or, if not occupying an area greater than 25% of
the ground area covered by the main building, domes, ornamental towers,
observation towers, water towers, penthouses, hose towers and water
tanks.
Shall mean a lawful occupation constituting, either partially
or fully, the livelihood of a person which is conducted in that person's
principal residence as an accessory use. "Home occupations" are permitted
conditionally only when they conform to the appropriate specific standards
of this chapter.
Shall mean a building or group of attached buildings containing
more than three rental rooms, with each unit to contain an individual
bathroom, and which, in addition, may contain common dining facilities,
and meeting rooms.
Shall mean a group of rooms primarily designed for the occupancy
of one family and containing at least one bathroom and one kitchen
for the private use of one family.
Shall mean a residential development in which an equal proportion
of all units is reserved for low-income and moderate-income households,
as defined by the New Jersey Council on Affordable Housing. For developments
in which the units are sold by fee simple, condominium, cooperative
or similar form of ownership, the sum of low- and moderate-income
units shall be 20% of all apartment and/or townhouse units. For developments
in which the units are rented, the sum of low- and moderate-income
units shall be 15% of all apartment and/or townhouse units. The proportion
of units set aside for low- and moderate-income households may be
voluntarily increased by the developer.
Shall mean a parcel of land in which a main building and
any accessory buildings are or may be placed, together with the required
open spaces. The area of a "lot" which abuts a street shall be measured
to the street line only.
Shall mean a building or a use of land or of a building existing
on June 8, 1964, which does not conform to the requirements of this
chapter.
Shall mean an open space or a garage or carport, on a lot,
used for parking motor vehicles. Such "parking spaces" as may be provided
shall not be fewer than that required by this chapter.
Shall mean any school other than a public, parochial, trade
or business school.
Shall mean the office of a doctor, dentist, lawyer, engineer,
architect or minister or the studio of a teacher, musician, artist
or other practitioner engaged in a profession of similar character
to the foregoing. The issuance of a State or local license for any
gainful occupation shall not be deemed indicative of such professional
standing.
Shall mean site allocated for collection and storage of source-separated
recyclable materials.
[Deleted by Ord. No. 7-2016]
[Deleted by Ord. No. 7-2016]
Shall mean the ownership of a lot by one or more persons,
partnerships or corporations, which ownership is separate and distinct
from that of any adjoining lot.
Shall mean a public street, road or way which has been dedicated
to public use or a private street, road or way which has been approved
by Borough Council.
Shall mean the dividing line between a lot and the outside
boundary of a public street, road or highway legally open or officially
plotted by the Borough or between a lot and a private street, road
or way over which the owners or tenants of two or more lots held in
single and separate ownership have the right-of-way. Where a "street
line" has not been established, it shall be computed as 25 feet from
the center of the existing street.
Shall mean any change in or addition to the supporting members
of a building or structure, such as bearing wall partitions, columns,
beams or girders.
Shall mean a building and its equipment erected and used
for the purposes of facilitating transmission and exchange of telephone
or radio-telephone messages between subscribers and other business
of the telephone company, but in residence districts not to include
public business facilities, storage of materials, trucking or repair
facilities or housing of repair crews.
Shall mean a unit constructed and designed to permit its
being used as a conveyance upon the public streets or highways and
constructed in such a manner as will permit occupancy thereof as a
dwelling or sleeping place for one or more persons.
Shall mean a lot or premises used for occupancy by two or
more trailers or mobile homes.
FRONTShall mean the required open space extending along the street address line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters and cornices, and further exclusive of steps not extending more than 42 inches into the required open space.
REARShall mean the required open space extending along the rear line of the lot throughout the full length of the lot, exclusive of overhanging eaves, gutters and cornices, and further exclusive of steps not extending more than 42 inches into the required open space.
SIDE YARDShall mean the required open space extending along the side line of the lot between the front and rear yards, exclusive of overhanging eaves, gutters and cornices, and further exclusive of steps not extending more than 42 inches into the required open space.
[Amended 5-22-2023 by Ord. No. 3-2023]
[1967 Code § 15-2.1]
For the purposes of this chapter, the Borough of Pitman is hereby
divided in 11 classes of districts which shall be designated as follows:
|
P
|
Park-Conservation District
|
|
R-A
|
Residence District
|
|
R-1
|
Residence District
|
|
R-2
|
Residence District
|
|
R-3
|
Residence District
|
|
R-H
|
Historic Residential District
|
|
C-1
|
Commercial District
|
|
C-2
|
Commercial District
|
|
P-1
|
Planned Industrial District
|
|
TRC-1
|
Transitional Residential-Commercial District
|
|
TRO
|
Transitional Residential-Office District
|
[1967 Code § 15-2.2; Ord. No. 07-01; amended 5-13-2019 by Ord. No. 15-2019]
a.
Adoption by Reference. The boundaries of districts shall be as shown on the map attached to and made a part of this chapter, which map shall be known as the "Zoning Map of the Borough of Pitman dated November 2017." The Zoning Map was prepared by Maser Consulting P.A., dated November 2017. Such map and all notations, references and data shown thereon are hereby incorporated by reference in this chapter and shall be as much a part of this chapter as if all were fully described herein. (The Zoning Map is included at the end of this chapter.)
b.
Amendments. The following changes are made to the Zoning Map:
|
Block Lots
|
Location
|
From District
|
To District
|
|---|---|---|---|
|
(Reserved)
| |||
1.
Block
82.01, Lot 2, Block 82.01, Lot 2.01, Block 83, Lot 1, Block 83, Lot
2, Block 83, Lot 3.01, Block 83, Lot 19, and Block 56, Lot 2 are hereby
rezoned from TRC-1 to C-1, in accordance with the attached map.[1]
[Amended 6-10-2019 by Ord. No. 17-2019]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
[1967 Code § 15-2.3]
The boundaries between districts are, unless otherwise indicated,
either the center- lines of streets or railroad rights-of-way or such
lines extended or lines parallel or perpendicular thereto. Where figures
are shown on the Zoning Map between a street and a district boundary
line, they indicate that the district boundary line runs parallel
to the street center line at a distance from the street line equivalent
to the number of feet indicated.
[1967 Code § 15-2.4]
Where a district boundary line divides a lot which was held
in single and separate ownership at the time the boundary line was
established, the use regulations applicable to the less restricted
district shall extend over the portion of the lot in the more restricted
district a distance of not more than 50 feet beyond the district boundary
line.
a.
Ord. No. 11-2018, Block 3, Lot 1.
[Added Ord. No. 11-2018; amended Ord. No. 5-2020]
1.
The Borough of Pitman hereby adopts the Redevelopment Plan for Block
3/Lot 1 in the Borough of Pitman.
2.
The Borough Council declares and determines that the Redevelopment
Plan meets the criteria, guidelines and conditions set forth in N.J.S.A.
40A:12A-7, provides realistic opportunities for the redevelopment
of the Project Site in the designated area and is otherwise in conformance
with N.J.S.A. 40A:12A-1 et seq.
3.
The Borough Council shall have, be entitled to, and is hereby vested
all power and authority granted by the aforementioned statutory provisions
to effectuate the Redevelopment Plan.
4.
The Redevelopment Plan shall be an overlay to other local development
regulations within the Borough of Pitman and the Borough Zoning Map
does not require amendment.
b.
Ord. No.
10-2022, Block 138, Lot 1.
[Added 9-12-2022 by Ord. No. 10-2022; amended 4-8-2024 by Ord. No. 5-2024]
1.
The Borough
hereby adopts the Sony Redevelopment Plan to facilitate redevelopment
of the Redevelopment Area.
2.
The Council
declares and determines that said Sony Redevelopment Plan meets the
criteria, guidelines and conditions set forth in N.J.S.A. 40A:12A-7,
provides realistic opportunities for redevelopment of the Redevelopment
Area and is otherwise in conformance with N.J.S.A. 40A:12A-1, et seq.
3.
The Borough
shall have, be entitled to, and is hereby vested all power and authority
granted by the aforementioned statutory provisions to effectuate the
Sony Redevelopment Plan.
4.
The Sony
Redevelopment Plan generally incorporates the underlying zoning currently
in effect throughout the Borough and to the extent of any deviations
shall be an overlay to that zoning.
[1967 Code § 15-3]
In P Park-Conservation Districts the following regulations shall
apply.
[1967 Code § 15-3.1; amended 5-22-2023 by Ord. No. 3-2023]
A building may be erected or used and a lot may be used or occupied
for any of the following purposes and no other:
a.
Single-family detached dwelling.
b.
Tilling of the soil and nursery, not to include commercial greenhouse.
c.
Public park, playground or recreational area or building not operated
commercially for profit.
d.
Public and private schools of elementary, middle and/or high school
grade licensed by the State of New Jersey.
e.
Municipal use.
f.
Group homes.
g.
The following uses where authorized by the Planning Board as a conditional use, subject to the standards specified in § 35-23:
1.
Privately owned outdoor recreation area for use by the general public
(such as park, picnic grounds, natural swimming area, golf course
and playfield, but not including amusement park, drive-in theater
or similar use), provided that:
(a)
The use and its design are compatible with the natural character
of the area;
(b)
The use includes only necessary structures customarily included
in the operation of such outdoor activities;
(c)
No commercial activity shall be permitted except for charging
of admission, the rental of athletic equipment or such other purpose
as is clearly incidental to the permitted outdoor recreational use;
and
(d)
Any such commercial activity as is permitted or parking area
shall be screened or separated from a public street or from an adjoining
property by a planting strip of not less than 100 feet in width or
by such other barrier as is necessary to assure that the proposed
use shall not detract substantially from or adversely affect the appropriate
use of surrounding property.
h.
Accessory use on the same lot with and customarily incidental to
any of the foregoing permitted uses. The term "accessory use" shall
include:
[1967 Code § 15-3.2]
a.
Lot Area and Width. A lot area of not less than one acre per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 150 feet, subject to the provisions of Subsection 35-24.1.
b.
Building Area. Not more than 15% of the area of each lot may be occupied
by buildings.
c.
Yards. Front, side and rear yards shall be provided for each lot
as follows:
1.
Front Yard. One yard, not less than 50 feet in depth.
2.
Side Yards. Two yards, not less than 50 feet in aggregate width and
neither less than 20 feet, except that in the case of a corner lot,
any yard which abuts a street shall be not less than 50 feet in width.
3.
Rear Yard. One yard, not less than 40 feet in depth.
[1967 Code § 15-3.2]
No building shall exceed 35 feet in height.
[1967 Code § 15-4]
In R-A Residence Districts the following regulations shall apply.
[1967 Code § 15-4.1; amended 5-22-2023 by Ord. No. 3-2023]
A building may be erected or used and a lot may be used or occupied
for any of the following purposes and no other:
a.
Single-family detached dwelling.
b.
Tilling of the soil.
c.
Municipal building or use; public park, playground, or noncommercial
recreational area or building.
d.
Group homes.
[1967 Code § 15-4.2]
a.
Lot Area and Width. A lot area of not less than 11,250 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling, provided that where lots are recorded at the effective date of the Zoning Ordinance which are less than 150 feet in depth, the lot area per family required may be reduced to not less than 9,400 square feet. Each lot shall have width at the building line of not less than 75 feet, subject to the provisions of Subsection 35-24.1.
b.
Building Area. Not more than 20%, of the area of each lot may be
occupied by buildings two stories or more. Not more than 25% of each
lot may be occupied by buildings of only one story.
c.
Yards. Front, side and rear yards shall be provided on each lot as
follows:
1.
Front Yard. One yard, not less than 35 feet in depth.
2.
Side Yards. Two yards, not less than 30 feet in aggregate width and
neither less than 12 feet, except that in the case of a corner lot,
any yard which abuts a street shall not be less than 25 feet in width.
3.
Rear Yard. One yard, not less than 30 feet in depth.
[1967 Code § 15-4.3]
No building shall exceed 35 feet in height.
[1967 Code § 15-5-5]
In R-1 Residence Districts the following regulations shall apply.
[1967 Code § 15-5.1]
A building may be erected or used and a lot may be used or occupied
for any use permitted in R-A Residence Districts.
[1967 Code § 15-5.2]
a.
Lot Area and Width. A lot area of not less than 7,500 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling, and each lot shall have a width at the building line of not less than 60 feet, subject to the provisions of Subsection 35-24.1.
b.
Building Area. Not more than 25% of the area of each lot may be occupied
by buildings.
c.
Yards. Front, side and rear yards shall be provided on each lot as
follows:
1.
Front Yard. One yard, not less than 30 feet in depth, subject to the provisions of Subsection 35-24.5.
2.
Side Yards. Two yards, not less than 20 feet in aggregate width and
neither less than eight feet, except that in the case of a corner
lot, any yard which abuts a street shall not be less than 15 feet
in width.
3.
Rear Yard. One yard, not less than 25 feet in depth.
[1967 Code § 15-5.3]
No building shall exceed 35 feet in height.
[1967 Code § 15-6]
In R-2 Residence Districts the following regulations shall apply.
[1967 Code § 15-6.1]
A building may be erected or used and a lot may be used or occupied
for any of the following purposes and no other:
[1967 Code § 15-6.2]
a.
Lot Area and Width. A lot area of not less than 5,000 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a one-family detached dwelling, and a lot area of not less than 3,000 square feet per family shall be provided for every building used in whole or in part for a one- or two-family semi-detached dwelling. The minimum lot width at the building line shall be 50 feet for detached buildings and 30 feet for semi-detached buildings, subject to the provisions of Subsection 35-24.1.
b.
Building Area. Not more than 30% of the area of each lot may be occupied
by buildings.
c.
Yards. Front, side and rear yards shall be provided on each lot as
follows:
1.
Front Yard. One yard, not less than 20 feet in depth, subject to the provisions of Subsection 35-24.5.
2.
Side Yards.
(a)
For every detached building, two yards, not less than 16 feet
in aggregate width and neither less than six feet in width, except
that in the case of a corner lot, any yard which abuts a street shall
be not less than 10 feet in width.
(b)
For every semi-detached building, one yard, not less than 10
feet in width.
3.
Rear Yard. One yard, not less than 20 feet in depth.
[1967 Code § 15-6.3]
No building shall exceed 35 feet in height.
[1967 Code § 15-7.1]
A specialized housing district known as R-3 is provided in order to meet the needs of the Borough for low-income and moderate-income households. All new developments in this district shall be inclusionary developments, as defined in Subsection 35-1.5.
[1967 Code § 15-7.2]
A building may be erected or used and a lot may be used or occupied
for any of the following purposes and no other:
[1967 Code § 15-7.3; amended 5-22-2023 by Ord. No. 3-2023]
a.
Tract Size; Dwelling Unit Density. The minimum tract size for developments
under this section shall be one acre. The maximum dwelling unit density
shall not exceed 15 dwelling units per gross acre.
b.
Building Area; Lot Coverage. No more than 35% of each tract shall
be occupied by buildings or structures, and not more than 25% shall
be covered by streets, parking, sidewalks or other impervious materials.
d.
Accessory Buildings. No accessory buildings shall be permitted.
e.
Buffers. A landscaped buffer 10 feet in width shall be provided within
the setback along all existing public streets and along the perimeter
property lines of the tract.
[1967 Code § 15-7.4]
No building shall exceed 40 feet in height.
[1967 Code § 15-7.5]
a.
Units Per Structure; Distance Between Structures. No more than 12
dwelling units shall be contained in any one structure. The minimum
distance between structures shall be 20 feet.
b.
Townhouses, Variations. For townhouses, variations in setback, materials
and design shall be encouraged. A minimum two foot variation in setback
shall occur at least every third dwelling.
c.
Buildings Per Lot. More than one building per lot shall be permitted,
provided that the minimum tract size requirement is met.
d.
Interior Traffic Circulation.
1.
Pedestrianways and sidewalks shall be provided and separated from
motor vehicle ways and driveways. Sidewalks shall be provided parallel
to and on at least one side of all interior roadways and in front
of all buildings.
2.
Curbing shall be provided along all streets and parking areas.
3.
All interior roadways shall have two lanes 12 feet or greater in
width, and all curves shall have a minimum center line radius of 100
feet.
e.
Lighting. All interior roadways, parking areas and walkways shall
be lighted.
f.
Screening. All outside storage areas, including trash receptacles,
shall be completely screened from residential uses and the street
and, where possible, shall not be located in any front yard area.
All exterior mechanical equipment shall be screened from view.
[1967 Code § 15-7.6]
[1967 Code § 15-8.1]
A building may be erected or used and lot may be used or occupied
for any of the following purposes, and no other:
[1967 Code § 15-8]
b.
Yards. Front, side and rear yards shall be provided on each lot as
follows:
1.
Front Yard. One yard not less than 20 feet in depth, subject to the provisions of Subsection 35-24.5, Front Yard Exceptions.
2.
Side Yards. Two yards, not less than 16 feet in aggregate width and neither less than six feet in width, except in the case of a corner lot, any yard which abuts a street shall be not less than 10 feet in width, subject to the application of Subsection 35-24.5, Front Yard Exceptions.
3.
Rear Yard. One yard not less than 20 feet in depth.
c.
Height. No building shall exceed 35 feet in height.
d.
Buffer. The following standards shall apply:
1.
All portions of the front yard not required for access walks and
driveways shall be landscaped with a variety of deciduous and evergreen
trees, shrubs, grass, and natural ground cover.
2.
A landscaped buffer five feet in width shall be provided adjacent
to any side or rear property line. When it is demonstrated that a
five foot-wide buffer would be impractical because of the location
of an existing structure or the need to provide required off-street
parking, the Planning Board may authorize a reduction in the width
of the buffer, provided that an opaque fence or similar visual screen
is constructed at the property line.
[1967 Code § 15-9]
In C-1 Commercial Districts the following regulations shall
apply.
[1967 Code § 159; Ord. No. 7-2016; amended 4-8-2019 by Ord. No. 13-2019]
A building may be erected or used and a lot may be used or occupied
for any of the following purposes and no other:
a.
Apartment in combination with business use. Only the business use
may occupy the street level.
b.
Hotel, motel, not to exceed 6 units, with each unit containing an
individual bathroom.
c.
Retail store and manufacturing display room, not to include motor
vehicle sales agency, motor vehicle repair shop or similar use.
d.
Restaurant, cafe and catering establishment, or microbrewery, not
to include drive-in eating establishment.
e.
Professional or business office or agency, or studio, medical, dental
clinic or laboratory.
f.
Club or lodge.
g.
Bank.
h.
Personal service shop, including tailor, barber, beauty, fitness,
dressmaking, shoe repair or similar shop; not to include boarding
of pets.
i.
Confectionery or bakery shop, custom shop for making articles to
be sold at retail on the premises, provided that all processing activities
shall, if located on the ground floor, be effectively screened from
the front portion of the building by a wall or partition.
j.
Dry-cleaning agency, hand or automatic self-service laundry.
l.
Indoor theater; place of assembly.
m.
Newspaper publishing or similar establishment.
n.
Day-care center.
o.
The following uses, when authorized by the Planning Board as a conditional use, subject to the standards specified in § 35-23.
1.
Place of amusement or recreation, other than theater, provided that
such use shall be located in a completely enclosed building.
2.
Wholesale business establishment when located within a completely
enclosed building, provided that such use shall not detract substantially
from the character of the surrounding area.
3.
Storage in conjunction with retail or other permitted use.
4.
A church, synagogue or similar place of religious worship.
[1967 Code § 15-9.2; amended 5-22-2023 by Ord. No. 3-2023]
Every building or use shall comply with the following area,
height and design regulations:
a.
Lot Area. In the case of apartment use in combination with business
use, a lot area of not less than 3,000 square feet per family shall
be provided.
b.
Building Area. Not more than 70% of the area of each lot may be occupied
by buildings.
c.
Yards. Front, side and rear yards shall be provided on each lot as
follows:
1.
Front yard. One yard, not less than 20 feet in depth, subject to the provisions of Subsection 35-24.5.
2.
Side Yard. None required for a building used for commercial purposes,
except that where a lot abuts a P Park-Conservation or Residence District
or a street on the side lot line, a side yard shall be provided which
shall be not less than 20 feet in width. In any case where side yards
are provided, although they are not required, each such side yard
shall be not less than five feet in width.
3.
Rear Yard. There shall be a rear yard on each lot which shall be
not less than 20 feet in depth, provided that where a lot abuts a
P Park-Conservation or Residence District on the rear lot line, each
such rear yard shall be not less than 25 feet in depth.
d.
Height Regulations. No building shall exceed 35 feet in height.
e.
Special Design Requirements. In order to encourage the sound development
of major street frontage in addition to the parking, safety and other
requirements of the general regulations, in this chapter, the following
special provisions shall apply in any location which abuts a State
or County highway or in any other location where practicable.
1.
Access Barrier. Access to the highway shall be controlled in the
interest of public safety. Each building or group of buildings used
for commercial or nonresidential purposes and its parking or service
areas shall be physically separated from the highway or street by
a curb, planting strip or other suitable barrier against unchanneled
motor vehicle access or egress, except for accessways as authorized
in subsection below.
2.
Accessways. Each separate use, grouping of attached buildings or
grouping of uses permitted as part of a single integrated plan shall
have not more than two accessways to any one highway or street. Insofar
as practicable, the use of common accessways by two or more permitted
highway uses shall be encouraged in order to reduce the number and
closeness of access points along the highway and to encourage the
fronting of commercial structures upon a marginal street and not directly
upon a public highway.
In C-2 Commercial Districts the following regulations shall
apply:
[1967 Code § 15-10.1]
A building maybe erected or used and a lot may be used or occupied
for any of the following purposes and no other:
a.
Any use permitted in C-1 Commercial Districts.
b.
Wholesale business establishment.
c.
Motor vehicle service station, motor vehicle sales agency, public
garage or automobile repair shop, provided that all facilities are
located and all services are conducted within the confines of the
lot.
d.
Drive-in restaurant or similar use.
e.
Indoor place of amusement, recreation or assembly.
f.
Contractor or general service shop including plumbing, heating, carpentry,
welding, cabinetmaking, furniture repair, upholstery and similar shop.
g.
Warehouse in conjunction with a permitted use or for products of
manufacturing uses permitted in the Borough; frozen food locker.
h.
Commercial greenhouse.
i.
Laundry, dry cleaning or clothes pressing plant.
j.
The following uses, when authorized by the Planning Board as a conditional use, subject to the standards specified in § 35-23.
1.
Outdoor place of amusement, recreation or assembly, other than open
air drive-in theater, provided that adequate screening or other arrangements
are made to safeguard the character of surrounding areas and satisfactory
provisions are made to prevent traffic congestion and hazard.
2.
Distributing, express, carting or hauling station, provided that
adequate planting, fencing or other buffer arrangements are made to
safeguard the character of the surrounding area.
3.
Outdoor storage of ice, coal, building materials or products of manufacturing
uses permitted in the Borough but not including junkyard or similar
use, provided that the area used for such use is suitably screened
from the surrounding area by a satisfactory fence, wall, planting
or other barrier which is not less than six feet in height.
[1967 Code § 15-10.2]
Every building or use shall comply with the following area and
height and design regulations.
a.
Building Area. Not more than 65% of the area of each lot may be occupied
by buildings.
b.
Yards. Front, side and rear yards shall be provided on each lot as
follows:
1.
Front Yard. One yard not less than 35 feet in depth, subject to the provisions of Subsection 35-24.5.
2.
Side Yard. None required for a building used exclusively for commercial
or other nonresidence purposes, except that where a lot abuts a P
Park-Conservation or Residence District a side yard shall be provided
which shall be not less than 30 feet in width and where a lot abuts
a street on the side lot line a side yard shall be provided which
shall be not less than 20 feet in width. In any case, where side yards
are provided, although they are not required, each such side yard
shall be not less than 10 feet in width.
3.
Rear Yard. There shall be a rear yard on each lot which shall be
not less than 25 feet in depth.
4.
Special Buffer Yard Provision. Where a yard abuts a P Park-Conservation
or Residence District the required yard shall be used as a planting
strip on which shall be placed hedge, evergreens, shrubbery or other
suitable planting or screening.
c.
Height Regulations. No building shall exceed 35 feet in height.
[Ord. No. 3-2011]
a.
Application Requirement. An application for a permit to construct
a use shall be accompanied by a plan for the proposed use of the entire
tract or district for which the application or request is made and
each such plan shall be subject to review and approval by the planning
board and shall comply with all pertinent provisions of the zoning
and subdivision ordinances.
b.
Plan Requirement. The request for permit shall be accompanied by
the following information:
1.
A plan for the integrated development of the total area to be developed
which shall be drawn to a scale of one inch to 50 feet and shall include
among other things:
(a)
The location, boundaries, dimensions and ownership of the land
to be included in the area for which application is made.
(b)
The location, use, dimensions and arrangement of all buildings,
proposed building sites and open spaces, yards, accessways, entrances,
exits, off-street parking facilities, loading and unloading facilities,
pedestrian ways and buffer strips.
(c)
The capacity of all areas to be used for automobile access,
parking, loading and unloading.
(d)
The character of the buffer areas and screening devices to be
maintained, including the dimensions and arrangement of all areas
devoted to planting lawns, trees or similar purposes.
2.
A description of the provisions made for sewage and waste disposal,
water supply and stormwater drainage, including a suitable contour
map of the area.
3.
A map showing the use and character of adjoining areas, including
streets, buildings, topography and the ownership of adjoining properties.
4.
Information sufficient to demonstrate that satisfactory arrangements
will be made to facilitate traffic movement on the streets adjoining
the proposed use. These arrangements may include provision for necessary
signalization, channelization, deceleration or turn-lanes, and added
highway width.
5.
Sufficient data to enable the Planning Board to judge the effectiveness
of the design and the character of the proposed use, its compliance
with the requirements of this subsection, and to consider properly
such things as its relationship to surrounding areas, anticipated
traffic, public health, safety and welfare. If portions of the project
are to be completed in successive stages, a less detailed sketch or
layout of the areas not scheduled for immediate development will suffice
initially, provided that when permits for further development are
requested, a plan showing all of the required details shall then be
submitted prior to the construction of any portion.
[Ord. No. 3-2011]
Certain lands within the PI Zone may be developed subject to
overlay district criteria. Refer to the "Redevelopment Plan for Rehabilitation
In the Borough of Pitman" for applicability and overlay district options.
[Ord. No. 3-2011; Ord. No. 1-2018]
In the PI District a building or group of buildings may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other, provided that each use shall comply with the special design requirements of Subsections 35-11.3 and 35-11.4:
a.
Manufacture of beverages; clothing and other textile products (excluding
manufacture of textiles); containers for food products, fruits and
vegetables; cosmetics; electrical appliances and supplies, such as
lighting fixtures, wiring, toasters, radios (including manufacture
and assembly of such, but not including heavy or large equipment or
machinery); ice cream, butter, and other dairy products; jewelry,
clocks, watches; medical, dental, drafting equipment, optical goods,
and other professional and scientific instruments; musical instruments;
small or novelty products from previously prepared materials of bone,
canvas, ceramics, cork, feathers, felt and hair (excluding washing,
curing, dyeing), fur (excluding tanning or dyeing), glass, horn, leather
(excluding tanning or leather processing), and small products from
previously prepared paper, plastic, rubber (excluding rubber and synthetic
processing), shells, wood; and toys, tools, hardware and stationery.
b.
Metal stamping, finishing, plating, extrusion of small products,
and other similar light metal processes and involving heavy or large
equipment or machinery.
c.
Packing, crating, bottling or canning establishment.
d.
Storage within a completely enclosed building for products of manufacturing
use permitted in the Borough.
e.
Wholesale business establishment, and retail if ancillary to the
manufactured product.
f.
Warehousing and distribution as a single use or in combination with
offices such as in a flex-space arrangement.
g.
Office building.
h.
Laboratory for research or testing, not involving danger from fire
or explosion.
i.
Laundry, dry cleaning or clothes pressing plant.
j.
Hospital.
k.
Telephone exchange, public transit station or terminal, or any other
essential governmental or public utility use, provided that satisfactory
screening or other measures are taken to safeguard the character of
the surrounding area.
l.
Printing plant.
m.
Any use of the same general character as any of the above permitted
uses, subject to such additional reasonable safeguards as the Planning
Board may determine, provided that in no case shall the following
uses or any use substantially similar thereto be permitted: abattoir;
assembly or fabrication of large equipment, machinery or products;
bulk storage of fireworks and explosives; fat rendering; incineration
or reduction of garbage (except by Borough agencies, or as an accessory
use in accordance with Borough regulations governing the use of individual
disposal or incineration units); leather processing; manufacture of
asphalt, cement, chemicals, cork, explosives, fertilizer, illuminating
gas, glass, glue, ink, iron or steel (including basic processing or
products), linoleum, oil cloth, paint, plastics, rubber (including
rubber and synthetic processing), soap; petroleum refining; storage
of crude oil or any of its volatile products or other highly inflammable
liquids in aboveground tanks (except in accordance with Borough and
State regulations and except that no tank with a capacity greater
than 10,000 gallons shall be placed nearer to any property line than
100 feet); wood or wood pulp processing.
o.
Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses, which use may include a cafeteria for the exclusive use of employees, living quarters for watchmen or similar employees, and signs when erected and maintained in accordance with the provisions of § 35-34.
[Ord. No. 3-2011]
Every building or use in the PI District shall comply with the
following area, yard and height, regulations:
a.
Applicability of Regulations.
1.
When a planned development consisting of a tract of land divided
into smaller interior lots is proposed, the tract and internal lot
requirements listed below shall apply accordingly.
2.
When a development consisting only of one parcel of land is proposed,
that parcel shall be considered the tract and the requirements for
tract below shall apply.
b.
Minimum Tract Size. A minimum tract area of five acres shall be provided.
c.
Minimum Tract Setback. The following minimum tract setbacks shall
be provided. No buildings, parking, circulation or other improvements,
with the exception of a planted buffer and emergency or fire access
routes, shall be permitted within this setback.
e.
Area and Width of Internal Lots. A lot area not less than one acre,
and a minimum lot width of 150 feet shall be provided. This requirement
applies only to internal lots of a planned development.
f.
Maximum FAR (Entire Tract). A maximum floor area ratio of 0.50 shall
be maintained.
g.
Yards. The following yards shall be provided on each lot on which
a building or group of buildings is erected.
1.
Front Yards: One yard, not less than 50 feet in depth, subject to the provisions of Subsection 35-24.5.
2.
Side Yards. Two yards, not less than 60 feet in aggregate width,
and neither less than 30 feet, except that in the case of a corner
lot, any yard which abuts a street shall not be less than 50 feet
in width.
3.
Rear Yard. One yard not less than 50 feet in depth.
4.
Yard Adjacent to District or Borough Boundary Line. Along any Residence
District boundary line or Borough boundary line, a buffer yard shall
be provided which shall be not less than 100 feet or two times the
height of the building located in the PI District, whichever is greater,
in width measured from such boundary line, and in no case shall be
less than the required tract perimeter setback. Where a street constitutes
a boundary line, the yard shall be measured from the street right-of-way
line adjacent to the property.
h.
Building Placement. In the case of an industrial park, office-research
park or similar development where the main buildings will be, or logically
could be individually sold, such building shall be constructed on
a separate zoning lot which complies with the yard requirements of
this district.
i.
Parking Setbacks. For each lot, a minimum parking setback of 25 feet
to a common or public roadway, and of 15 feet to a side or rear property
line shall be maintained. A side/rear parking setback can be reduced
to zero with the consent of the adjacent property owner.
j.
Ground Floor Area. The total ground floor area of any building or
group of attached buildings (other than accessory buildings) shall
be not less than 5,000 square feet.
k.
Height. No building shall exceed 65 feet in height.
l.
Maximum Impervious Coverage (Entire Tract). The maximum impervious
coverage including buildings and paving, shall not exceed 60%.
m.
Vehicular Connections. Vehicular interconnections and/or provisions
for future interconnections to adjacent parcels shall be provided
as deemed necessary by the Planning Board.
n.
Sidewalks/Bike Paths. Pedestrian and bicycle facilities shall be
provided on site and along site frontage as deemed appropriate by
Planning Board.
[Ord. No. 3-2011]
a.
Any proposed development consisting of more than one building or
use shall consist of a group of properly related and compatible uses
comprising a single or unified architectural and landscaping scheme,
with buildings, parking and service areas and circulation and open
spaces designed as an integrated and harmonious unit.
b.
Each use also shall comply with all other pertinent general provisions
of the zoning ordinance and all pertinent standards of design in the
subdivision ordinance.
c.
Each manufacturing or processing use permitted in the district shall
be conducted within a completely enclosed building.
d.
Each use shall provide and maintain attractively landscaped grounds,
or make any other suitable screening provision which is necessary
to adequately safeguard the non-industrial character of adjacent districts,
and each building shall be designed so as to minimize its traditional
industrial appearance, and shall, insofar as practicable, afford minimum
external evidence of the nature of the operation conducted therein.
e.
In no case shall the distance between any two buildings be less than
the average height of the two adjacent buildings nor less than 30
feet.
f.
All parking, loading and service areas shall be arranged to facilitate proper and safe internal circulation and shall comply with the provisions of § 35-26.
g.
All off-street parking and loading areas plus all internal streets
shall be built to Borough specifications. Parking areas shall be laid
out with raised barriers or painted stalls to facilitate efficient
use. Any such lot which provides space for more than 20 motor vehicles
shall be landscaped including shrubs and trees distributed throughout
the parking area.
h.
The paved cartway width of all internal streets shall be determined
on an individual basis, but in no case shall be less than 20 feet.
The cartway shall be of sufficient width to safely accommodate the
fire equipment as may be determined necessary by the Borough Engineer
or Fire Marshal. All principal industrial service streets shall have
the a 50 foot right-of-way width, unless specifically waived by the
Borough.
i.
Any parking lot or area for off-street parking or for the storage
or movement of motor vehicles which abuts a street shall be separated
from the street by a raised curb, planting strip, wall, or other suitable
barrier against unchanneled motor vehicle entrance or exit, except
for necessary accessways. The layout of any such lot shall be designed
in such a manner as not to require vehicles to back out on the street,
and the capacity of the lot shall be sufficient to prevent backup
of vehicles on a public street while awaiting entry to the lot.
j.
Each separate use or grouping of buildings shall have not more than
two accessways in any one street or for each 300 feet of frontage
and, where practicable access to parking areas shall be provided by
a common service driveway or minor street in order to avoid direct
access on a major street. No such accessway shall be more than 30
feet in width, exclusive of any median strip.
k.
All outside lighting, including sign lighting, shall be directed
in such a way as not to create a nuisance, and all such lighting shall
be arranged so as to protect the street or highway and adjoining property
from direct glare or hazardous interference of any kind.
l.
The proposed development shall be served by public water and sanitary
sewer facilities.
m.
No building or tract shall be utilized for any use that is noxious, offensive or hazardous as defined in § 35-25.
n.
Areas provided for loading and unloading of delivery trucks and other
vehicles and for the servicing of shops by refuse collection, fuel
or other service vehicles shall be adequate in size and shall be so
arranged that they may be used without blockage or interference with
the use of accessways or automobile parking facilities.
o.
All buildings shall have exterior walls of noncombustible materials.
No buildings shall have exterior walls of frame construction.
[1967 Code § 15-12.1]
Regulations of this section shall apply in any historic preservation
district or historic site.
[1967 Code § 15-12.2]
The purposes of this section are:
a.
To promote the general welfare by preserving the heritage of the
Borough of Pitman through the protection of designated areas and site
elements which exemplify its social, cultural, political, economic
and architectural history.
b.
To stabilize neighborhood communities and enhance values.
c.
To create civic pride.
d.
To promote the use of historic sites for the education, welfare and
pleasure of all citizens of the Borough.
e.
To afford the Borough Council, qualified organizations, historical
societies and interested persons the opportunity to acquire and arrange
for the protection of historic sites.
f.
To ensure that all replacement or new structure, or modifications
to structures and sites, will harmonize in scale and spirit with the
existing district environment.
[1967 Code § 15-12.3; amended 11-9-2020 by Ord. No. 18-2020]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean an extension or increase in the size, floor area,
or height of any building, structure, site, object, or improvement
added at some time after the completion of the original.
Shall mean any change in the exterior features of any building,
structure, site, object, or improvement.
Shall mean a request to the Commission made pursuant to this
article for the purposes of obtaining a Certificate of Appropriateness
or other action by the Commission hereunder specified.
Shall mean any man-made structure created principally to
shelter any form of human activity as well as its functionally related
activities such as a garage or shed.
Shall mean a document issued by the Planning Board embodying
a simple statement that the contemplated modification to any site
within the Historic Preservation District is in conformity with the
purposes of this section.
Shall mean any act or process that destroys, in part or in
whole, a structure within the Historic Preservation District. Demolition
includes the removal of a building, structure, site, object, or improvement
from its location or the removal or destruction of its facade, surface,
or foundation.
Shall mean immediate repairs to preserve the continued habitability
and/or the health and safety of occupants or others, performed in
accordance with Borough codes without first obtaining a Certificate
of Appropriateness. A consultation with the Commission or its staff
is still required within 30 days.
Shall mean the general arrangement of the exterior of any
historic or other district site, including but not limited to architectural
style, design, color, texture and form of windows, walls, roofs, lighting
fixtures, fences, cornice brackets, porch spindles, railings, shutters,
doors, signs and other decorative man-made features.
Shall mean any buildings, structures, sites, objects or improvements
in an historic district which date from a later period but possess
some architectural importance and/or visually contribute to the cohesiveness
of the district's streetscapes.
Shall mean having historical, cultural, architectural, archaeological,
economic, social or other significance as defined by the provisions
of this section.
Shall mean of, relating to, or having the character of history.
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
Shall mean any real property, man-made structure, natural
object or configuration of any portion or group of the foregoing of
historical, archeological, cultural, scenic or architectural significance.
Shall mean a building or other structure, or any work constituting
a man-made alteration of, or addition to, any building, structure,
site or object.
Shall mean any construction activity involving the demolition
of any exterior wall or portion thereof, the modification or removal
of any structural element, the modification or removal of any required
exitway or means of egress, the modification of any element affecting
fire safety or any activity which will increase the nonconformity
with the Uniform Construction Code requirements of any existing structure,
the addition to a building or the construction of a new building.
Shall mean any application for a certificate of appropriateness
which shall involve minor repairs.
Installation of signs which comply with zoning requirements
pertaining to size, location and mounting.
Repainting.
Replacement of window sash, exterior doors or shutters of the
same size and style that meet current ordinance and historic guidelines.
Installation of gutters and downspouts which do not affect architectural
details.
Repair or restoration of architectural details.
New replacement of fences or gates that meet current ordinance
and historic guidelines.
Replacement of roofing material or a piece of siding.
Shall mean normal maintenance activity which will not modify
any exterior feature and which is not specifically referred to as
a minor repair.
Shall mean the act or process of applying measures necessary
to sustain the existing form, integrity and materials of an historic
site. Work, including preliminary measures to protect and stabilize
the property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction.
Shall mean the act or process of replicating any exterior
architectural feature that is used to substitute for an existing deteriorated
or extensively damaged architectural feature.
Shall mean the act or process of accurately recovering the
form and details of a property and its setting as it appeared at a
particular period of time. It may sometimes mean the removal of later
work or the replacement of missing earlier work.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
Shall mean the inventory of buildings, structures, sites,
objects, improvements and districts located within the Borough of
Pitman which is conducted by the Commission for the ascertainment
of their historical significance pursuant to the provisions of this
section.
[1967 Code § 15-12.4]
a.
Boundaries. There is hereby established in the Borough of Pitman
an Historic Preservation District, the boundaries of which are as
follows: both sides of Broadway from the center line of Hazel Avenue
to Pitman Avenue; the north side of Pitman Avenue to West Jersey Avenue;
West Jersey Avenue from Pitman Avenue to Broadway; the north side
of Laurel Avenue from the center line of Broadway to the center line
of West Avenue; both sides of West Avenue from the center line of
Laurel Avenue to the center line of Holly Avenue; the south side of
Holly Avenue from the center line of West Avenue to the center line
of Broadway.
b.
Historic Sites. The following properties are designated as historical
sites under this section:
1.
All
that real property and improvements thereon located at 8 North Broadway,
Pitman, and more particularly described as Block 200, Lot 22, on the
Tax Map of the Borough of Pitman.
2.
All
that real property and all improvements thereon commonly known and
referred to as "Sunset Auditorium," located at Laurel Avenue, Pitman
and more particularly described as Block 45, Lot 1, on the Tax Map
of the Borough of Pitman.
[1967 Code § 15-12.5]
Unless a proposed action to erect, alter, restore, move or demolish
any exterior feature of any building or structure is, after careful
weighing of the evidence, outside the spirit and intent of the purposes
of this section, it shall be approved by the Planning Board. Further
ordinary repairs and interior arrangements are excluded from the provisions
of this section.
[1967 Code § 15-12.6c; amended 11-9-2020 by Ord. No. 18-2020]
The appointment of the Historic Preservation Commission members may be found in Chapter 2, Administration.
a.
Responsibilities. The Historic Preservation Commission shall have
the responsibility to:
1.
Prepare a survey of historic sites of the Borough.
2.
Make recommendations to the Planning Board on the Historic Preservation
Plan Element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
3.
Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program.
4.
Act as an information resource for owners of property within the
Historic Preservation District who are desirous of maintaining, restoring
and/or further developing their properties in a balanced and harmonious
manner consistent with the spirit of the Pitman Master Plan. Prior
to the filing of an application, applicants are encouraged to seek
informal meetings with the Commission to discuss their proposals.
5.
Review applications for construction, alteration, removal or demolition
of structures within the Historic Preservation District and, based
on that review, recommend to the Planning Board the issuance or denial
of a certificate of appropriateness for such actions. Applicants may
be required to submit plans, drawings, elevations, specifications,
photographs and other information as may be necessary to make these
recommendations. In the event that an applicant submits a plan prepared
by a registered architect, such plan must be reviewed by a registered
architect retained by the Planning Board.
6.
Carry out such other advisory, educational and informational functions
as will promote historic preservation in the Borough.
b.
Majority Vote of Commission. The Historic Preservation Commission
shall be advisory in nature to the Planning Board and shall have only
those powers as provided herein. All recommendations shall be by majority
vote.
c.
Availability of Applications; Testimony at Hearings. The Planning
Board shall make available to the Historic Preservation Commission
an informational copy of every application submitted to the Board
for development in historic zoning districts or on historic sites
designated on the Zoning or Official Map or in any component element
of the Master Plan. Failure to make the informational copy available
shall not invalidate any hearing or proceeding. The Historic Preservation
Commission shall advise the Planning Board of its recommendation on
all applications presented to it, which shall be conveyed through
its delegation of one of its members to testify orally at the hearing
on the application and to explain any written report which may have
been submitted.
[1967 Code § 15-12.7; amended 11-9-2020 by Ord. No. 18-2020]
a.
Required. No exterior feature, as defined in Subsection 35-12.3, of any building or other structure shall be erected, altered, restored, moved or demolished within the Historic Preservation District or in connection with any historic site until a certificate of appropriateness has been issued by the Planning Board. In those cases where a building permit is required, no such permit shall be issued until a certificate of appropriateness has been issued by the Planning Board.
b.
Application. Application for a certificate of appropriateness to construct, alter, repair, move or demolish any structure within the Historic Preservation District or any historic site shall be made on a form, approved by the Planning Board, to be submitted to the Zoning Officer. In the event that the proposed modifications meet criteria that have been preapproved by the Planning Board, the Zoning Officer may approve such modifications upon application. Upon recommendation of the Historic Preservation Commission, the Planning Board shall issue a certificate of appropriateness at its next regularly scheduled meeting. Applications for modifications not meeting preapproved criteria shall be forwarded by the Zoning Officer to the Historic Preservation Commission. The Historic Preservation Commission shall classify it as a major or minor application. Then, in accordance with the provisions of Subsections e and f, it shall provide written recommendations regarding issuance of a certificate of appropriateness to the Planning Board within 15 days of the receipt of the application by the Historic Preservation Commission.
c.
Preapproval List of Improvements. In the administration of this section,
the Planning Board may find that the application approval procedure
could be expedited by the implementation of a preapproved list of
certain improvements, such as, but not limited to, color, siding designs/textures,
window/door styles, signage and roof materials. The Planning Board
is authorized to adopt such lists compatible with both the purposes
of this section and the expeditious administration thereof. A description
of such preapproved improvements shall be available in the Zoning
Officer's office.
d.
Issuance of Certificate by Planning Board.
1.
The Planning Board shall consider only exterior features and shall not disapprove applications under this section except when necessary to prevent construction, alteration, restoration, moving or demolition of any portion of any structure which would clearly be inconsistent with the standards and criteria for consideration at set forth in § 35-12.7(e).
2.
The applicant shall be afforded an opportunity to appear before the
Planning Board to present any evidence concerning the proposed action.
3.
The Planning Board, after reviewing the recommendations of the Historic
Preservation Commission and hearing any evidence offered by the applicant,
shall, within 30 days of the receipt of recommendations, determine
that:
(a)
The proposed actions by the applicant are consistent with the
purposes and intent of this section; or
(b)
The proposed actions by the applicant are inconsistent with
the purposes and intent of this section, with the reasons for disapproval
given in writing.
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Nothing herein shall prohibit an extension of time by mutual
agreement of the applicant, the Historic Preservation Commission and
the Planning Board.
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4.
A determination by the Planning Board, by majority vote, that the
proposed actions by the applicant are consistent with the purposes
and intent of this section shall require the Planning Board to issue
a certificate of appropriateness.
5.
In the event that the applicant alleges that compliance with the
requirements of this section would pose an unreasonable economic hardship
and that the nature of the application is such that the change sought
neither justifies the time and expense of the plenary proceedings
nor will impact negatively on the public good nor specifically on
the historic qualities sought to be preserved, the Historic Preservation
Commission will direct the applicant to the Planning Board for possible
relief from the requirements of this section if it deems consistent
with the public good and the purposes of this section.
6.
Failure by the Historic Preservation Commission to report within
the 45 day period shall be deemed to constitute a report in favor
of issuance of a certificate and without the recommendation of conditions
to the certificate.
7.
The Planning Board shall report the results of its actions to the
Zoning Officer.
e.
Standards of Consideration.
1.
In considering whether an application for a certificate of appropriateness
should be granted, the Planning Board shall consider whether, if the
approval is denied, the applicant may still make any reasonable use
of the property as such use is permitted in the Zoning Chapter. The
Planning Board may deny a certificate of appropriateness only if it
specifically finds that the property may, after such denial, reasonably
be used for a use permitted in the this chapter.
2.
In reviewing the application for a certificate of appropriateness,
the Historic Preservation Commission and the Planning Board shall
be guided by the following design guidelines:
(a)
The historical or architectural value and significance of the
structure and its relationship to the historic value of the surrounding
area.
(b)
The compatibility of the height of the structure, its scale,
its roof shape and the proportion and relationships of its doors and
windows to the style and character of the surrounding structures in
the historic district.
(c)
The compatibility of architectural details, arrangement and
materials proposed to be used with the surrounding structures.
3.
In addition, the Historic Preservation Commission and the Planning
Board shall be guided by the following general standards:
(a)
The distinguishing original qualities or character of a structure
and its environment shall not be destroyed.
(b)
All structures shall be recognized as products of their own
time. Alterations that have no historical basis and that seek to create
an earlier appearance shall be discouraged.
(c)
Changes that may have taken place in the course of time are
evidence of the history and development of a structure. These changes
may have acquired significance in their own right and this significance
shall be recognized and respected.
(d)
Deteriorated architectural features shall be repaired rather
than replaced wherever economically feasible. In the event that replacement
is necessary, the new material should match the material being replaced
in composition, design, texture and other visual qualities. Reasonable
man-made alternatives (e.g., vinyl, fiberboard, or MDF board) may
be considered as long as the original style of architecture is maintained.
4.
Nothing contained herein shall prohibit the use of any particular
architectural style. Rather, the purpose of this section is to preserve
the past by making it compatible with and relevant to the present.
To that end, new construction in or near a building should not necessarily
duplicate the style of the building, it should simply be compatible
with and not detract from the building.
f.
Exceptions to Certificate of Appropriateness Procedures.
1.
Minor Application. When an application for a certificate of appropriateness
classified as a minor application by the Historic Preservation Commission
is reviewed and approved as such without conditions by the Historic
Preservation Commission, the Zoning Officer shall issue a permit for
such minor alterations or replacements prior to approval of the certificate
of appropriateness by the Planning Board. The Planning Board shall
issue the certificate of appropriateness at its next meeting.
2.
Emergency Repairs. Nothing in this section shall be construed to
prohibit emergency repairs pending an application for a certificate
of appropriateness. Application for a certificate of appropriateness
must be made within 30 days of the commencement of any emergency repairs
for which a certificate is required, and such application shall therein
indicate the character of proposed permanent repairs, alterations
or replacement and a proposed timetable for their execution.
3.
Ordinary Repairs. Nothing in this section shall be construed to apply
to ordinary repairs.
[1967 Code § 15-12.8; amended 7-22-2019 by Ord. No. 20-2019; 11-9-2020 by Ord. No. 18-2020]
Any applicant denied a certificate of appropriateness by the
Planning Board shall have the right to appeal to the Superior Court
of New Jersey.
a.
All appeals shall be in writing, filed with the Borough Clerk within
30 days of the denial by the Planning and Zoning Board. The written
notice of appeal shall set forth in numbered paragraphs the basis
for the appeal. The applicant shall also attach to the appeal any
and all documents which the applicant wishes the governing body to
consider regarding the appeal.
b.
The governing body shall conduct a public hearing on any appeal within
30 days following the receipt of said written appeal, and may, in
its discretion, consider oral testimony of the applicant and any witnesses;
consider any documents submitted with the written notice of appeal;
any documents supplied by the Historic Preservation Commission; and
any and all other materials or documents which the governing body,
in its sole discretion, shall deem relevant.
c.
The governing body shall make a decision on the appeal at the time
of the hearing. A determination of the appeal shall be based upon
majority vote. The determination of the governing body shall state
its decision and reasons therefore in written resolution form within
30 days from such decision.
d.
Any applicant denied a certificate of appropriateness by the governing
body shall have the right to appeal to the Superior Court.
[1967 Code § 15-12.10]
a.
Nominations shall be made to the Historic Preservation Commission
on a form prepared by it and may be submitted by any resident or property
owner of the Borough.
b.
The Historic Preservation Commission shall, upon such investigation
as it deems necessary, make a determination as to whether a nominated
site meets one or more of the following criteria:
1.
Its interest or value as part of the development, heritage or culture
of the Borough, County, State or Nation.
2.
Its embodiment of distinguishing characteristics of an architectural
style, craftsmanship or method of construction of a period.
3.
Its unique location or singular physical characteristics that make
it an established or familiar visual feature.
4.
Its Suitability for Preservation or Restoration. Any site that meets
one or more of the above criteria shall also have sufficient integrity
of location, design, materials and workmanship to make it worthy of
preservation or restoration.
c.
The Historic Preservation Commission shall recommend, in writing, to the Planning Board that the site does or does not meet the criteria in Subsection b above. The report to the Planning Board shall include an explanation of how the site does or does not meet these criteria.
d.
The Planning Board shall, following receipt of the Historic Preservation
Commission's recommendation, recommend to the Borough Council that
the nominated site should or should not be made part of the historic
district.
e.
The Borough Council shall make a determination as to whether the
nominated site shall be included in the historic district.
[1967 Code § 15-12.11]
a.
If any person shall undertake any activity controlled by this section
on a site within the historic district without first having obtained
a certificate of appropriateness, such person shall be deemed to be
in violation of this section.
b.
Upon learning of the violation, the Zoning Officer shall serve upon
the owner of the property wherein the violation is occurring a notice
to cease and desist and give the owner 10 days to abate the violation
by restoring the site to its status quo ante. If the owner cannot
be personally served within the Borough with such notice, a copy shall
be posted on site and a copy sent by certified mail, return receipt
requested, to the owner at his/her last known address as it appears
on the Borough tax roles.
c.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer shall
cause to be issued a summons and complaint, returnable to the Municipal
Court, charging violation of this section.
d.
The penalty for violation shall not exceed $25 per day or $50 per
day beyond 14 days, for each day of violation.
e.
In the event that any action, such as demolition or removal, that
would permanently and adversely change the site is about to occur
without a certificate of appropriateness having been issued, the Zoning
Officer is hereby directed to apply to the Superior Court of New Jersey
for such injunctive relief as is necessary to prevent the destruction
of any site within the historic district.
[1967 Code § 15-13]
This district applies only to the portion of the Pitman Grove
Historic District bounded by the center lines of North, East, South
and West Avenues.
[1967 Code § 15-13.2]
A building or buildings may be erected or used and the lots
may be used or occupied for the following purposes and no other:
a.
Principal Use. Single-family detached dwellings.
b.
Group Homes.
c.
Accessory Uses. Accessory uses and buildings on the same lot with and customarily incidental to the use provided under Subsection a above; provided, however, that any accessory use which generates any parking demand beyond that of the household occupying the principal residence shall be prohibited.
[1967 Code § 15-13.3]
The following area regulations shall apply:
a.
Lot Area and Width. A lot area of not less than 1,600 square feet
with a minimum width at the building line of 40 feet shall be provided
for every dwelling hereinafter erected.
b.
Building Area. Not more than 35% of the area of each lot may be occupied
by buildings, excluding porches. An additional 10% of each lot may
be occupied by a single-story porch.
c.
Yards. Front, side and rear yards shall be provided for each lot
as follows:
1.
Front Yard. Front yards shall be in conformity with the front yards
of structures located on adjacent lots.
2.
Side Yards. Two yards, not less than 10 feet in aggregate width and
neither less than five feet in width, except that in the case of a
corner lot, a yard which abuts a street shall not be less than 10
feet in width.
3.
Rear Yard. One yard, not less than five feet in depth.
d.
Distance Between Structures. No dwelling shall hereafter be erected
which is within 10 feet of another existing or proposed structure,
regardless of whether the structures are on the same or adjacent lots.
e.
Street Frontage. Every lot hereafter created shall have frontage
on a street or avenue in the Historic Residence Zoning District.
[1967 Code § 15-13.4]
Building height shall conform to the height of other dwellings
in the immediate vicinity.
[1967 Code § 15-13.5]
All buildings hereafter erected, altered, restored, moved or demolished shall be subject to the provisions of Subsection 35-12.7.
[1967 Code § 15-13.6]
Off-street parking shall be required for any building hereinafter
erected.
[1967 Code § 15-14.1]
A building may be erected or used and a lot may be used or occupied
for any of the following purposes and no other:
[1967 Code § 15-14.2]
a.
Lot Area and Width. The lot area and width requirements shall be
as follows:
2.
Commercial Lots. A lot area of not less than 5,000 square feet nor
more than 15,000 square feet shall be provided. The minimum width
shall be 50 feet.
3.
Mixed Use Lots. For lots with a combination of residential and commercial
uses, the requirement for commercial lots shall be used unless the
required area utilizing the residential standards is greater, at which
time the residential lot standards shall apply. The maximum lot area
shall be 15,000 square feet. The minimum width shall be 50 feet.
b.
Building Area. Not more than 50% of the area of each lot may be occupied
by buildings.
c.
Yards. Front, side and rear yards shall be provided on each lot as
follows:
1.
Front Yards. One yard not less than 20 feet in depth, subject to the provisions of Subsection 35-24.5, Front Yard Exceptions.
2.
Side Yards.
(a)
Residential. For every residentially used building, two yards, not less than 16 feet in aggregate width and neither less than six feet in width, except in the case of a corner lot, any yard which abuts a street shall be not less than 10 feet in width, subject to the application of Subsection 35-24.5, Front Yard Exceptions. Semi-detached residential structures shall require one side yard of not less than 10 feet in width.
(b)
Commercial. For a commercially used building abutting another
commercially used building, a yard not less than six feet in width
shall be required. For a commercially used building abutting a residential
building, a yard not less than 12 feet in width shall be required.
Side yards facing a street on a corner lot shall be subject to the
same provisions as similar residential lots.
3.
Rear Yard. One yard not less than 20 feet in depth.
d.
Height. No building shall exceed 35 feet in height.
e.
Buffer. The following standards shall apply:
1.
Residential Lots. None required.
2.
Commercial and Mixed Use Lots.
(a)
All portions of the front yard area not required for access
walks and driveways shall be landscaped with a variety of deciduous
and evergreen trees, shrubs, grass and natural ground cover.
(b)
Whenever possible, a landscaped buffer 10 feet in width shall
be provided adjacent to any side or rear property line. When it is
demonstrated that a 10 foot-wide buffer would be impractical because
of the location of an existing structure or the need to provide required
off-street parking, the Planning Board may authorize a reduction in
the width of the buffer provided that an opaque fence or similar visual
screen is constructed at the property line.
[1967 Code § 15-7.7; Ord. No. 07-2; Ord. No. 08-4]
The developer shall prepare an affordable housing plan, for
approval by the Planning Board, which shows compliance with Council
on Affordable Housing (COAH) requirements as listed below:
a.
Affordability Controls. All new affordable units constructed in inclusionary
developments shall include affordability controls in the form of a
deed restriction or similar covenant acceptable to the Borough which
shall restrict low- and moderate-income units to occupancy by income-qualified
households, as described below, for a period of not less than 30 years
in accordance with the New Jersey Council on Affordable Housing. Inclusionary
developments must comply with the controls on affordability of COAH,
N.J.A.C. 5:92-12.1 et seq.
b.
Low- and Moderate-Income Split. At least 50% the affordable units
shall be for low-income households, and the balance of the affordable
units shall be for moderate-income households.
c.
Pricing Stratification. Pricing stratification shall be in accordance
with the regulations of the New Jersey Council on Affordable Housing.
d.
Bedroom Distribution. Shall be in accordance with the regulations
of the New Jersey Council on Affordable Housing.
e.
Age-Restricted Units. The cumulative total of all non low- and moderate-income
units which are restricted by the minimum age of adults may not exceed
50% of the Borough's fair share obligation, as determined by the Housing
Element and Fair Share Plan.
f.
Marketing, Screening, Selection of Occupants.
g.
Phasing. In inclusionary development projects, no low-income and
moderate-income units need to be provided until the first 25% of the
total project is completed. Thereafter, 10% of the low- and moderate-income
units must be provided before the next market-priced unit is built.
Milestones are set for parity between the low/moderate units and the
market-priced units at 50% and 75% of completion, but all low/moderate
units must be built when the job is 90% complete.
h.
Developer Contributions and Provision of Affordable Housing. The
following regulations shall apply to all future development in the
Borough of Pitman, regardless of the zoning district in which it is
located.
1.
The developer shall contribute a fee in lieu of constructing affordable
housing on site equal to $7,000 per market-priced unit to the Borough's
Affordable Housing Trust Fund, to be used as directed by the Spending
Plan of the Housing Element and Fair Share Plan. This contribution
shall relieve the developer from all other affordable housing contributions.
2.
The developer of an subdivision or site plan resulting in nine or
more dwelling units shall provide a minimum of one affordable unit
on site for every eight market-priced units provided. Only whole units
resulting from the division of eight into the total number of dwelling
units need to be provided on site. This contribution shall relieve
the developer from any other affordable housing contribution for the
whole unit so calculated.
3.
Any fractional number of affordable units, either greater than a
whole number or less than one unit, shall be subject to a development
fee equal to 1% of the proportional equalized assessed value of a
market-priced unit, except where the project has been granted a density
or FAR variance. This contribution shall relieve the developer from
any other affordable housing contributions except as noted above.
4.
All nonresidential developments shall be subject to a development
fee equal to 2% of the equalized assessed value the development, except
where the project has been granted a density or FAR variance. This
contribution shall relieve the developer from any other affordable
housing contributions.
5.
In all residential and nonresidential developments where the project
has been granted a density or FAR variance, the project shall be subject
to a development fee equal to 6% of the equalized assessed value the
development. This contribution shall relieve the developer from any
other affordable housing contributions.
i.
Unit Location. No more than 50% of the units in any single multiunit
structure shall be reserved for low-income or moderate-income households,
unless this requirement is specifically waived by the Planning Board
as a condition of site plan approval. Regardless of whether this requirement
is waived as to any specific structure, it is the intent of this section
that low-income and moderate-income units shall be evenly dispersed
throughout the entire development in as uniform a fashion as is practical.
[1967 Code § 15-15.1a]
Ordinance No. 17-2005 repealed the 1967 Code Subsection d, Abandonment,
of Subsection 15-15.1
Any lawful use of a building or land existing as of June 8, 1964, or authorized by a permit issued prior thereto in accordance with § 35-44 may be continued although such use does not conform to the provisions of this chapter.
[1967 Code § 15-15.1b]
A nonconforming use of a portion of a building may be extended
throughout the building if no structural alterations are made therein,
other than those necessary to assure the structural safety of the
building.
[1967 Code § 15-15.1]
A nonconforming use of a building which is partially destroyed
by fire, explosion, act of God or any other cause may be reconstructed
and used for the same nonconforming use, provided that building construction
shall be commenced within one year from the date the building was
destroyed and shall be carried on without interruption and the reconstructed
building shall not exceed in height, area and volume the building
destroyed.
[1967 Code § 15-15.10]
A temporary permit may be authorized by the Borough Council
upon recommendation of the Planning Board acting as the Board of Adjustment
for a nonconforming structure or use (e.g., construction contractor,
building or fair) which it deems beneficial to the public health or
general welfare or which it deems necessary to promote the proper
development of the community, provided that such nonconforming structure
or use shall be completely removed upon expiration of the permit of
time not exceeding one year and may be renewed annually for an aggregate
period of not more than three years, including the original authorization.
[1967 Code § 15-15.12a]
In any instance where the Planning Board acting as the Board
of Adjustment or the Planning Board is required to consider a variance
or other change in the zoning ordinance or map in accordance with
the provisions of this chapter, the Planning Board acting as the Zoning
Board of Adjustment or Planning Board shall, among other things:
a.
Assure itself that the proposed change is consistent with the spirit,
purpose and intent of the zoning chapter.
b.
Determine that the proposed change will not substantially injure
or detract from the use of neighboring property or from the character
of the neighborhood and that the use of the property adjacent to the
area included in the proposed change or plan is adequately safeguarded.
c.
Determine that the proposed changes will serve the best interest
of the Borough, the convenience of the community, where applicable,
and the public welfare.
d.
Consider the effect of the proposed change upon the logical, efficient
and economical extension of public services and facilities, such as
public water, sewers, police and fire protection and public schools.
e.
Be guided in its study, review and recommendation by sound standards
of subdivision practice, where applicable.
f.
Impose such conditions, in addition to those required, as are necessary
to assure that the intent of this chapter is complied with, which
conditions may include, but are not limited to, the harmonious design
of buildings; planting and its maintenance as a sight or sound screen;
the minimizing of noxious, offensive or hazardous elements; adequate
standards of parking; and sanitation.
[1967 Code § 15-15.12b]
Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Chapter 34, Site Plan Review. Public notice and a hearing shall be required. In deciding applications for a conditional use, the Planning Board shall consider the following standards in addition to those which are enumerated in the applicable Subsection 35-23.4.
a.
The use should be suitable for the property intended by virtue of
topography, impact on the natural environment and compatibility with
surrounding land uses.
b.
The surrounding neighborhood should not be adversely affected by unreasonable impacts generated by the proposed conditional use. In particular, the Planning Board shall should consider the standards as listed in § 35-25, Noxious Hazardous and Offensive Uses.
c.
The Planning Board may consider the effect that the grant of the
conditional use would have on the logical extension of public utilities
and streets.
[1967 Code § 15-15.12c]
a.
The Planning Board may attach any reasonable conditions to its grant
of a conditional use.
b.
The Planning Board shall render a decision on an application for
a conditional use within 95 days of submission of a complete application,
as set forth by N.J.S.A. 40:55D-67.
1.
This time period shall be concurrent with the review of a site plan
application.
2.
An approval may be conditioned upon receipt of a favorable recommendation
from the County Planning Board or other appropriate agency.
3.
Failure to render a timely decision shall be deemed an approval,
as set forth by N.J.S.A. 40:55D-67.
[1967 Code § 15-15.12]
a.
A church, synagogue or similar place of religious worship, provided
that:
1.
The 50 feet closest to a property line adjacent to a residential
use, or 20 feet closest to a property line adjacent to a nonresidential
use or public street, shall be bermed and landscaped so as to screen
the use and associated off-street parking from view.
2.
The maximum height of any structure shall not exceed 35 feet, except
that a steeple may extend to a height of 55 feet.
4.
The minimum setback is 70 feet from all property lines.
b.
A community residence for the developmentally disabled and community
shelters for victims of domestic violence serving more than six persons
and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.2, provided
that:
1.
There are no other similar community residences or shelters within
1,500 feet of the proposed community residence or shelter.
2.
It can be shown that the total number of persons other than staff
who are or will be living in community residences or shelters within
Pitman Borough (including the community residence or shelter under
consideration) will not exceed one-half of one (1/2 of 1%) percent
of the Borough's total population.
3.
There is sufficient off-street parking and there is a sufficient
off-street area for the vehicular pickup and discharge servicing residents.
There shall be 3/4 of a parking space for each resident. Nothing herein,
however, precludes the Planning Board from requiring more or less
off-street parking, as the evidence so warrants.
4.
Details are submitted concerning all life-safety and emergency facilities
and equipment to be provided within the building. The installation
of smoke detectors, fire alarms, fire escapes and sprinkler systems
shall be in accordance with the requirements of the construction code
so utilized by Pitman Borough and the requirements of the Bureau of
Fire Prevention.
5.
Details are submitted concerning on-site supervision and security.
External security may consist of a fence and/or landscape screen,
or a combination of both fencing and landscaping surrounding the facility,
as deemed appropriate by the Planning Board.
6.
The operators of a community residence or shelter shall provide information
concerning its approval and compliance with the rules and regulations
of the Community Mental Health Services Act (N.J.S.A. 30:9A-1, N.J.A.C.
10:37-1.1 through N.J.A.C. 10:37-8.13) and the New Jersey Department
of Human Services.
7.
Except as specified in this section, the use of single-family dwellings
for community residences or shelters shall conform to all development
standards of the zoning district within which the residence is to
be located. Additionally, if permitted, the use of multiple-unit structures
and/or garden apartment building as community residences or shelters
shall conform to all development standards of the zoning district,
except as specified in this section. The aesthetic characteristics
of the surrounding neighborhood shall be retained.
c.
A public or private school of elementary, middle and/or high school
grade licensed by the State of New Jersey, provided that:
1.
The 50 feet closest to the property line or the public street shall
be bermed and landscaped so as to screen the use and associated off-street
parking from view.
2.
The maximum height of any structure shall not exceed 35 feet.
3.
Off-street parking shall be provided in a side or rear yard, as required by § 35-26, Off-Street Parking.
5.
The minimum setback is 70 feet from all property lines.
d.
A home occupation subject to the following conditions. In the case
of more than one home occupation per dwelling, these regulations shall
apply to the sum of all such uses:
1.
The home occupation may not employ more than one person who is not
a member of the household residing in the dwelling.
2.
The home occupation must be of a nature that will not generally generate
traffic caused by clients or customers visiting the dwelling. No more
than two clients or customers may be at the dwelling at one time.
3.
The residential exterior appearance of the structure shall not be
altered.
4.
Not more than 20% of the total floor area of the dwelling may be
devoted to the home occupation use.
5.
There shall be no outdoor storage or display of materials, products
or equipment.
6.
One off-street parking space must be provided in addition to those
required for the dwelling if a nonresident person is employed in conjunction
with the home occupation use.
7.
There shall be no signs advertising the home occupation.
8.
Truck deliveries to the dwelling for the home occupation are limited
to one per day, between the hours of 9:00 a.m. and 6:00 p.m., and
to trucks that have no more than two axles.
f.
Day-care center, provided that:
1.
A minimum interior area of 40 square feet per person must be provided
for the day-care use on the first floor, exclusive of hallways, closets,
bathrooms, kitchens and related area.
2.
A minimum outdoor play or recreation area of 100 square feet per
person must be provided within a fenced area located within the rear
or side yard area.
3.
The use must be licensed by appropriate State and local officials.
4.
Care is not provided for more than 12 hours within any one day.
g.
Bed-and-breakfast, provided that:
1.
A bed-and-breakfast may only be located in a single-family, owner-occupied
residence in which the owner is the proprietor of the bed-and-breakfast
establishment.
2.
The residential exterior of the dwelling shall not be altered.
3.
At least one bathroom must be provided solely for the use of guests.
4.
There shall be no more than three guest rooms, and each guest room
shall be arranged or designed to be occupied by four or fewer guests.
There shall be no provision for cooking facilities in a guest room.
Breakfast may be provided only for registered guests before noon,
each day. No other meals may be provided.
5.
The length of stay of any guest shall not exceed 30 days. The owner/operator
shall keep a guest register noting the dates that guests are present
and make the register available to the Zoning or Code Enforcement
Officer.
6.
No more than one employee shall be permitted to work on the premises
at any time. Members of the owner's immediate family who are residents
on the premises shall not be considered employees, whether or not
paid.
7.
Off-street parking is as required by the minimum parking regulations
of the applicable district; provided, however, that one additional
parking space shall be required for each guest room and for one employee,
if any. All parking shall be 15 feet from any street line or residential
property line and shall be bermed and landscaped so as to screen the
parking area from view.
[1967 Code § 15-15.2]
A building may be erected on any lot which is not of the required
minimum area or width and which was held in single and separate ownership
as of June 8, 1964. In the case of such a lot which is 50 feet or
more in width, the front and rear yard requirements of the district
shall be observed, and the side yards may be reduced to two yards
not less than 16 feet in aggregate width and neither less than six
feet in width. In the case of a nonconforming corner lot, the side
yard on the inside line may be reduced to not less than six feet and
the side yard on the street side may be reduced to not less than 15
feet in R-A and R-1 Zones and to not less than 10 feet in R-2 Zones.
In the case of such a nonconforming lot which is less than 50 feet
in width, the plans for the proposed work shall be approved by the
Planning Board acting as the Zoning Board of Adjustment to assure
reasonable compliance with the spirit of the zoning regulations.
[1967 Code § 15-15.2]
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.
[1967 Code § 15-15.5; amended 5-22-2023 by Ord. No. 3-2023]
An accessory building may be located in the required rear or
side yard, provided that an accessory building in the side yard abutting
a street must meet the front yard setback of dwellings facing the
abutting street. An accessory building may not be less than five feet
from any property line. No accessory building shall exceed 16 feet
in height, and the total floor area of all accessory buildings on
a lot shall not exceed 750 square feet. An accessory building shall
not be used to operate a business or as a residence.
[1967 Code § 15-15.6]
On any corner lot, no wall, fence, planting, sign or accessory building which may cause danger to traffic on a street or public road by obscuring the view shall be maintained above a maximum height of three feet above the paving level at the curbline (or, if no curb exists, at the edge of the pavement) within the area of clear-sight triangle as defined in Subsection 35-1.5.
[1967 Code § 15-15.11]
The front yard of a proposed building in residence districts,
commercial districts, and the P-I Planned Industrial District and
the TRC-1 Zone may be decreased in depth to the average alignment
of existing buildings within 100 feet on each side of the proposed
building and within the same block, if such alignment of existing
buildings is less than the front yard requirement for the district.
[1967 Code § 15-15.7]
No building may be erected, altered or used and no lot or premises
may be used for any use which is likely to create conditions of hazard,
smoke, fumes, noise, odor or dust, or other noxious or offensive conditions
detrimental to the health, safety or general welfare of the surrounding
area. All uses shall be subject to such fire safety conditions as
are approved by the Construction Official. In determining whether
a proposed use is noxious, hazardous or offensive, the following standards
shall apply:
a.
Traffic generated by the proposed use should:
1.
Not cause a local residential street to reach a level of service
of C or worse, if it is not already at a level of service C or worse,
as defined by the generally accepted method of the Transportation
Research Board.
2.
Not cause any other street to reach a level of service of D or worse,
if it is not already at level of service D or worse, as defined by
the generally accepted method of the Transportation Research Board.
3.
Not create a hazardous traffic condition as determined by a professional
transportation engineer or planner.
b.
Environmental Impact.
1.
All activities and all storage of flammable and explosive materials
at any point shall be provided with adequate safety devices against
the hazards of fire and explosion, and adequate fire-suppression equipment
shall be installed and maintained in an operable condition in accordance
with the regulations of the Fire Official's office, Construction Official
and the regulations of applicable local, County, State and Federal
agencies.
2.
No activity shall be permitted which results in an electrical disturbance
adversely affecting the operation of any equipment beyond the building
in which the disturbance is created.
3.
There shall be no emission at any point, from any chimney or otherwise,
which is in excess of the level permitted by the applicable laws of
the State of New Jersey and regulations adopted by the New Jersey
Department of Environmental Protection, and as currently enforced
by the Gloucester County Health Department or any other duly authorized
enforcement agency.
4.
There shall be no discharge at any point, into any private or public
sewerage system, or into any stream or into the ground of any materials
in such a way, or of such temperature, as to contaminate or otherwise
cause the emission of hazardous materials, except as regulated by
applicable local, State or Federal agencies.
5.
No activity or use shall produce a sound pressure level on adjacent
property in excess of the level permitted by the applicable laws of
the State of New Jersey and regulations adopted by the New Jersey
Department of Environmental Protection and as currently enforced by
the Gloucester County Health Department or any other duly authorized
enforcement agency.
6.
No activity or operation shall produce at any point along the lot
line continuous earthborne vibrations greater than the maximum displacement
as permitted in the following table:
|
Frequency (cycles per second)
|
Residential District Displacement (inches)
|
Nonresidential District Displacement (inches)
| |
|---|---|---|---|
|
Greater Than
|
Less Than or Equal to
| ||
|
0
|
10
|
.0004
|
.0020
|
|
10
|
20
|
.0002
|
.0010
|
|
20
|
30
|
.0001
|
.0006
|
|
30
|
40
|
.0001
|
.0004
|
|
40
|
50
|
.0001
|
.0003
|
|
50
|
—
|
.0001
|
.0002
|
|
Discrete pulses that do not exceed 100 impulses per minute may
not produce more than twice the displacement specified in the table.
|
7.
No activity or use shall produce a strong, dazzling light or reflection
of same beyond its lot lines. Exterior lighting shall be shielded,
buffered and directed so that glare, direct light or reflection will
not be a nuisance to adjoining properties, dwellings, streets, districts
or adjacent buildings. In no event shall a lighting intensity greater
than one hundred twenty-five hundredths (.125) footcandle, measured
at grade, be permitted beyond the subject lot lines. Except for lighting
related to safety, all exterior lighting must be off after 11:00 p.m.
8.
No operation shall release materials capable of becoming odorous,
either by bacterial decomposition or chemical reaction, that cause
or will cause odorous matter or vapor to be generated so as to be
readily discernible without instruments from any point alone, the
boundaries of each lot.
9.
All fabricating, manufacturing, or assembling activities shall be
conducted entirely within enclosed buildings.
10.
No activity or operation shall create any other objectionable condition
in an adjoining area which will endanger public health and safety
or be detrimental to the proper use of the surrounding area.
[1967 Code § 15-15.8a; Ord. No.
09-04; Ord. No. 4-2011; Ord. No. 7-2016]
Not less than one off-street parking space, with proper access
from a street or alley, shall be provided on any lot on which a main
building is hereafter erected, and the following types of uses shall
provide additional off-street parking space, as indicated, which parking
space shall have proper access from a street or alley and shall be
located on or near the lot on which such use is situated:
a.
Senior citizens' housing projects shall provide 6/10 of a parking
space for every living unit contained therein. Such parking shall
be located on the project site.
b.
Hotel, motel, one space for each rental room or suite.
c.
Restaurant, cafe or tea room having a total floor area of more than
1,000 square feet: one space for each 50 square feet of floor space
devoted to patron use.
d.
Theater, auditorium or other place of public assemblage, except churches:
one space for every 10 seats.
e.
Commercial, office or recreational building, other than those specified
above, having a total floor area of more than 1,000 square feet: one
space for each 250 square feet, or portion thereof, of floor area
devoted to patron use.
f.
Industrial establishment: one space for each 200 square feet of floor
area.
g.
Warehouse, distribution, or wholesale establishment: one space for
each 750 square feet of floor area.
h.
Apartments: one and one-half (1 1/2) space per unit. The size
and configuration of each parking space shall be as set forth in this
chapter.
i.
Trade or business school: one space for each faculty member, employee
and student.
[1967 Code § 15-15.8b]
In addition to the minimum of 200 square feet per parking space required, as defined in Subsection 35-1.5, Definitions, adequate driveways, aisles and maneuvering spaces shall be provided. Parking areas shall be graded for convenient access and shall be paved with a hard or semihard material or otherwise treated to prevent dust or other loose cover from becoming a nuisance or hazard.
The dimensions and layout of multiple car parking facilities
shall be in general conformity with the standards of the 2009 Traffic
Engineering Handbook, 6th Edition.
a.
The dimensions of all parking spaces shall be not less than nine
by nineteen (9 x 19) feet, except for a maximum of 25% which may be
designated for compact car parking and not be less than eight by seventeen
(8 x 17) feet.
b.
Handicap parking spaces shall conform in number and size with the
prevailing New Jersey statutes and regulations.
c.
Adequate driveways, aisles and maneuvering spaces shall be provided.
All back-up distances shall not be less than 24 feet.
d.
If the angle of any parking stall be less than ninety (90°) degrees,
traffic circulation shall be one-way in the parking lot area for which
the angle of the stall shall be less than 90 degrees. Such parking
areas shall be designed for convenient access and shall be paved with
a hard or semihard material. The material for parking areas shall
be subject to site plan review and recommendations by the Borough
Engineer.
[1967 Code § 15-15.8c]
Off-street parking facilities existing as of June 8, 1964, shall
not subsequently be reduced to an amount less than that required under
this chapter for a similar new building or new use. Off-street parking
facilities provided to comply with the provisions of this chapter
shall not subsequently be reduced below the requirements of this chapter.
[1967 Code § 15-15.9]
Off-street loading and unloading space, with proper access from
a street or alley, shall be provided on any lot on which a building
for trade or business is hereafter erected or substantially altered.
[1967 Code § 15-15.13]
The minimum ground floor area to be occupied by a one story
or a one and one-half-story (1 1/2) dwelling shall not be less
than 750 square feet, and the minimum ground floor area to be occupied
by a two story dwelling shall be not less than 600 square feet.
[1967 Code § 15-15.14; Ord. No.
10-1; Ord. No. 21-2014]
In all zoning districts, except as provided in the Historic
District Commission Design Guidelines, the following fence regulations
shall apply:
a.
Height.
1.
Front Yard—No fence shall exceed four feet in height.
2.
Side Yard—No fence shall exceed four feet in height, until reaching the rear houseline/structure line. From that point to the rear property line, fence height shall not exceed six feet in height. Fence height for said yards on corner lots shall be governed by Subsection c below.
3.
Rear Yard—No fence shall exceed six feet in height.
|
A fence may not be mounted on any structure. In all cases, height
is measured from ground level.
|
b.
Material.
1.
No solid fencing shall be permitted along any front yard.
2.
No solid fencing shall be permitted along a side yard, until reaching
the rear houseline/structure line. From that point to the rear property
line, it may be solid.
3.
Pickets on picket fencing must have minimum spacing of at least one
inch.
4.
Above grade walls shall not be permitted in any zoning district,
unless the architectural design is approved by the Planning Board.
Plain, flat walls lacking architectural elements shall not be permitted.
5.
Cyclone/chain link-type fencing shall not be permitted in any front
yard or any side yard, until reaching the rear houseline/structure
line. Cyclone/chain link-type fence shall be permitted in the rear
yard.
6.
Hedges shall be permitted, but may not exceed applicable fence heights
and must be maintained to not exceed fence heights.
8.
Fences shall be erected in a manner as to permit the flow of natural
drainage and shall not cause surface water to be blocked or dammed
to create ponding.
c.
Corner Lots. No solid fencing shall be permitted along any street
frontage, whether front or side, on a corner lot. In addition, no
fence along a side yard shall exceed four feet in height. Within the
sight triangle, no fence or vegetation shall exceed three feet in
height and vegetation must be maintained to not exceed three feet
in height.
In the event that a swimming pool is located on a corner lot,
the homeowner shall utilize the following requirements of the side
yard:
1.
A four foot non-solid fence is required until reaching the rear houseline.
Thereafter, a solid six foot privacy fence, extending to the rear
property line, is permitted. Setback requirement for the solid fence
shall be a minimum of six feet behind the right-of-way line.
2.
A modest landscape buffer shall be installed along the length of
the solid fence line and placed along, but not encroaching, the right-of-way
line. Landscaping proposed by the homeowner must be approved by the
Zoning Officer and be in accordance with typical landscape sections
provided by the Borough.
d.
Setbacks. Fences, including any fence foundations, shall not encroach
right-of-way lines or property lines.
f.
Fence Orientation. All fences shall be erected with the face or finished
side away from the property and the structural side toward the interior
of the property. Fence gates shall have a latch and shall open into
the property and not onto the sidewalk, street or other adjacent property.
[1967 Code § 15-15.15]
No land shall hereafter be subdivided unless direct access is
provided to every lot through an open space on the same lot. Such
open space shall be not less than 30 feet in width and shall extend
from the lot to a public street, or to a private street, road or way.
Such open space shall not be less than the applicable zoning district's
minimum required lot width and shall extend from the lot to a public
street, road or way.
[1967 Code § 15-15.17; New]
Satellite dish antennas shall be permitted in all zones, except
any zone or area designated historic by the Borough of Pitman, the
State of New Jersey or the United States of America, upon compliance
with the following requirements:
a.
Front Yards. No satellite dish antenna shall be located in any front
yard of any property.
b.
Set Back from Property Lines. Satellite dish antennas shall be set
back from any side or rear property line a minimum of 10 feet.
c.
Roof Mounting. Satellite dish antennas may be mounted upon any building
roof, provided that the antenna is fastened securely and designed
to withstand the wind speed and associated static wind load which
is generated at any given antenna elevation, angle or directional
position. Such a structure, however, shall not be erected so as to
injure the roof covering, and, when removed from the roof, the roof
covering shall be repaired to maintain weather and water tightness.
d.
Screening. Satellite dish antennas must be located and screened so
as to minimize their visibility from the street and adjacent properties.
e.
Number Permitted. No more than one antenna per residential lot shall
be permitted.
f.
Building Permit. A building permit shall be required for the construction
or erection of any satellite dish antenna. The application for such
permit shall show the proposed compliance with the requirements of
this subsection. The approval of the Construction Official shall be
secured for all roof-mounted antenna structures more than 12 feet
in height above the roof. The application shall be accompanied by
detailed drawings of the structure and methods of anchorage. All connections
to the roof structure must be properly flashed to maintain water tightness.
The design and materials of construction shall comply with requirements
of the State Uniform Construction Code, N.J.A.C. 5:23-1.1 et seq.
g.
Fee. The fee for the construction or erection of a satellite dish
antenna shall be a flat fee of $65.
[1967 Code § 15-15.18]
Private and commercial swimming pools, where permitted, shall
be subject to the following:
a.
No private residential swimming pool shall be constructed or installed
on any lot unless the lot contains a residential building. Pools shall
be located in rear yard areas only and shall occupy no more than 75%
of the yard area in which it is located. All swimming pools used for
bathing or swimming purposes in which water may collect in excess
of a depth of two feet shall be completely enclosed by a fence. Swimming
pools shall be located no less than 10 feet from any property line,
as measured from the waterline.
b.
The type, quality and method of construction of any required fence
shall be approved by the Construction Official with the intent that
it shall act as a safeguard and protection to children. Such fence
shall be at least four feet in height, but not in excess of six feet,
and nonremovable. Fences shall have self-locking gates and shall be
such as to prevent unauthorized children and stray animals from entering
the pool area.
c.
No swimming pool shall be constructed in the Borough except in accordance
with a permit therefor previously secured from the Zoning Officer,
upon written application accompanied by a plan showing the size, shape
and location of the swimming pool and its enclosure and such other
information as may be necessary for the Zoning Officer to determine
whether the pool complies with the requirements of this subsection.
d.
No commercial swimming pool shall be constructed or installed unless
approved as part of a site plan approval. Commercial swimming pools
shall be classified into types in accordance with their particular
use and shall meet the appropriate design standards as set in N.J.A.C.
8:26-1.1 et seq., Public Recreational Bathing or the Swimming Pool
Code of New Jersey, whichever is more stringent.
[1967 Code § 15-15.19]
[Ord. No. 4-2015]
Shall mean systems which are not mounted on existing structures.
Shall mean a use which is considered of value to the community
because it fundamentally serves the public good and promotes the general
welfare.
Shall mean a solar energy system that produces electricity
by the use of semiconductor devices, called photovoltaic cells, which
generate electricity whenever light strikes them.
Shall mean radiant energy (direct, diffused, or reflected)
received from the sun at wavelengths suitable for conversion into
thermal, chemical, or electrical energy.
Shall mean any solar collector or other solar energy device,
or any structural design feature, mounted on a building or on the
ground, and whose primary purpose is to provide for the collection,
storage, and distribution of solar energy for space heating or cooling,
for water heating, or for electricity.
Shall mean a structure containing one or more receptive cells,
the purpose of which is to convert solar energy into usable electrical
energy by way of a solar energy system.
Shall mean equipment that converts energy from the wind into
electricity. This term includes the rotor, blades and associated mechanical
and electrical conversion components necessary to generate, store
and/or transfer energy.
Shall mean a wind energy conversion system consisting of
a wind turbine, associated poles/towers and support structures, and
associated control or conversion of electronics, which has a rated
capacity consistent with applicable construction codes which will
be used for on-site consumption but not including large diameter windmills.
[Ord. No. 4-2015]
a.
Wind energy systems shall be restricted to vertical-axis wind turbine
technology. Vertical-axis wind turbines shall meet the following criteria:
1.
Wind system may be pole mounted or roof mounted.
2.
Only one vertical-axis wind turbine per property shall be permitted.
3.
The size of the vertical-axis wind turbine shall be no more than
48 inches in diameter and 72 inches tall.
4.
The height shall be restricted to 8 feet above the peak of the roof,
but in no case shall it exceed 41 feet above the ground surface to
the top of the wind turbine unit.
5.
All moving parts of the wind energy system shall be a minimum of
15 feet above ground level.
6.
Support poles/towers and support foundations shall be designed by
a licensed engineer in the State of New Jersey. In the event that
a vertical-axis wind turbine unit is mounted to, or is constructed
on top of an existing dwelling or building, detailed calculations
and engineering drawings of the mounting must be provided by a licensed
engineer in the State of New Jersey.
7.
Cables shall not be permitted to brace support poles, towers or roof
mounted units.
8.
Setbacks:
(a)
No vertical-axis wind turbine support pole or tower shall be
constructed in the front yard or side yard of any property.
(c)
Support poles, towers and turbine units shall be factory finish,
color to be approved by the Zoning Office. To the extent possible,
colors should blend in with the surroundings. No signs, other than
manufacturers warning signs and labels shall be permitted.
(d)
All units and unit installation shall be in accordance with
all applicable State construction and electric codes, as well as the
National Electric Code. All wiring must be concealed, under roof lines,
below the roof deck structure or underground.
(e)
Noise energy levels shall not exceed 55 decibels at a common
property line. These levels may be exceeded during short-term events
such as utility outages and severe windstorms.
b.
Additional Requirements.
1.
All electrical and structural design criteria shall meet the requirements
of the State Uniform Construction Code. All ground-mounted wind energy
systems shall not be artificially lighted except to the extent required
by the FAA or other applicable authority.
2.
Wind turbines contained in the wind energy system shall be designed
with an automatic brake or other similar device to prevent over-speeding
and excessive pressure on the tower structure.
3.
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
4.
The applicant shall provide proof that it has met any and all New
Jersey Board of Public Utility guidelines in connection with wind
energy systems.
5.
Electromagnetic Interference (EMI). Wind energy conversion system
generators and alternators shall be filtered and/or shielded so as
to prevent the emission of radio frequency energy which would cause
any harmful interference with radio, television broadcasting or reception,
telephone and/or wireless telecommunications and shall comply with
the provisions of the Code of Federal Regulations and subsequent revisions
governing said emissions.
c.
Submittal Requirements.
1.
All applications to the Zoning Office for a wind energy system, must
be accompanied by a plot plan which includes the following:
(a)
Current property survey or equivalent, prepared by a licensed
professional surveyor in the State of New Jersey.
(b)
Location of all structures on the property.
(c)
Location of the proposed wind turbine tower or support pole.
(d)
Right-of-way line and location of utility lines.
(e)
Wind system specifications and design calculations for turbine,
pole, foundation, roof mounting, etc.
(f)
Proposed colors of the wind energy system.
[Ord. No. 4-2015; amended 11-25-2019 by Ord. No.
24-2019]
a.
The design of solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures and screening, that will
blend the facility into the natural setting and existing environment.
b.
To the extent possible, design of the solar energy system shall take
into consideration potential glare and heat on neighboring properties.
c.
Inverter noise shall not exceed 55 decibels at the property line.
d.
Structurally attached solar energy systems installed on a building
with a sloped roof shall not project vertically above the peak of
the roof.
e.
Roof-mounted solar energy systems shall be permitted on flat roof
buildings. Solar panels mounted to the roof of garages and accessory
structures will also be permitted.
f.
Structurally attached solar energy systems installed on a building
with a flat roof shall not project vertically more than 5 feet above
the roof and shall comply with the height regulations of the zone.
g.
Freestanding or ground-mounted solar energy systems shall not be
permitted anywhere within the Borough of Pitman.
h.
A three-foot perimeter around roof edges shall be maintained.
i.
All of the rules and regulations of the Borough Shade Tree Commission,
if applicable, shall be met regarding the construction of solar energy
systems.
j.
Solar energy systems may consist of photovoltaic cells, hot water
collector applications and hot air applications.
k.
All units and unit installation shall be in accordance with all applicable
State construction and electric codes, as well as the National Electric
Code.
l.
All wiring leading to and from the panels shall be installed below
the roof structure or shall be installed underground.
[Ord. No. 4-2015]
a.
Any solar or wind energy system permitted under this section which
has been inactive for a period of one year shall be removed from the
property to a place of safe and legal disposal.
b.
This includes all support structures and structural enclosures accessory
to the wind or solar energy system shall be completely removed from
the property to a place of safe and legal disposal.
[Ord. No. 4-2015]
a.
The Pitman Zoning Office shall review for solar and wind compliance.
Any deviations shall require a variance and site plan, if necessary,
to be submitted to the Combined Planning/Zoning Board.
b.
The provisions of this section and any action by a Municipal Agency
in furtherance of the provisions of this section, including but not
limited to the actions of the Combined Planning/Zoning Board, shall
be enforced by the Borough's Zoning Officer. In addition to the fines
imposed by the Court, the zoning permit, building permit or Certificate
of Occupancy, whichever the case may be, may be revoked by the (appropriate)
Code Enforcement Officer for any violation of the provisions of this
section.
c.
Violations and Penalties. Any person who, or any partnership or corporation
which shall violate the provisions of this section shall, upon conviction
thereof, be subject to a fine of not more than $1,250, imprisonment
for a term not exceeding 90 days, or a period of community service
not exceeding 90 days. Each day that a violation is continued shall
constitute a separate and distinct offense. Any person who is convicted
of violating a provision of this section within one year of the date
of a previous violation, shall be sentence by a Court to an additional
fine as a repeat offender. The additional fine imposed by the Court
upon a person for a repeated offense shall not be less than the minimum
or exceed the maximum fine fixed for a violation of this section.
d.
All Ordinances or parts of Ordinances inconsistent with this section
are hereby repealed to the extent of such inconsistency.
e.
If the provisions of any subsection, paragraph, subdivision, or clause
of this section shall be judged invalid by a Court of competent jurisdiction,
such order of judgment shall not affect or invalidate the remainder
of any section, subsection, paragraph, subdivision, or clause of this
section.
[Ord. No. 1-2012 § 15-16.1]
In the Borough of Pitman, some signs that shall be erected,
altered, maintained, used, removed, re-lettered, or moved shall require
a permit in order to be in compliance with the provisions of this
section.
[Ord. No. 1-2012 § 15-16.2]
a.
Applicability of Definitions. Words defined in the Zoning Regulations
of the Borough of Pitman shall apply to this section in addition to
the following definitions more specifically applicable.
b.
ABANDONED SIGN
AWNING
BUSINESS BANNER
BUSINESS CLUSTER SIGN
CHANGEABLE TEXT EXTERIOR SIGN
COMMERCIAL BUSINESS SIGN
COMMERCIAL INFORMATION SIGN
COMMERCIAL REAL ESTATE SIGN
DOUBLE-SIDED SIGN
ELECTION SIGN
FRONTAGE
FUNCTIONAL SIGN
HISTORICAL IDENTIFICATION SIGN
INSTITUTIONAL SIGN
INTERIM BUSINESS SIGN
INTERNALLY LIGHTED SIGN
LEGAL NONCONFORMING SIGN
OFF-SITE SIGN
OFFICIAL SIGN
OVERHANGING SIGN
PARKSTRIP
PORTABLE SIGN
PRIVATE PARKING SIGN
PROFESSIONAL SIGN
PUBLIC BANNER
REAL ESTATE SIGN
RESIDENTIAL SIGN
SIGN
STOREFRONT
TEMPORARY INTERIOR ADVERTISING SIGN
TEMPORARY SIGN
Additional Definitions. As used in this chapter, the following terms
shall have the meanings indicated. Any sign not explicitly defined
elsewhere in the ordinance shall fall under the definitions of a temporary
advertising sign.
Shall mean any sign which identifies any business or profession
which for 30 days has not been located upon the premises where the
sign is situated.
Shall mean roof-like structure with a vertical face of no
more than 12 inches, usually made of canvas, which is extended over
a walkway, conforming to Uniform Construction Codes.
Shall mean a temporary sign placed on the exterior of a business
or inside a display window of a business advertising sales events,
a new service, grand opening, or similar message. The number of business
banners will be limited to two at any given time. In the event of
multiple frontages, only two banners may be hung for the entire business.
Signs are generally constructed of a flexible, foldable material.
Business banners may be posted for 45 consecutive calendar days.
Shall mean a sign that advertises the location and promotes
the interest of a group of businesses in a common geographical area,
which may or may not be frequented by customers.
Shall mean a sign that is not portable and has lettering
that can be changed to promote a message or an event.
Shall mean a sign that advertises the location and promotes
the interest of a business which is primarily frequented by customers.
Shall mean a sign or decal located on, in, or is visible
through a window of an office, business or retail establishment which
informs the public that the establishment accepts certain credit cards,
is protected by a certain agency or alarm system, has certain hours
of operation, Is a member of certain professional or business associations
or provides similar information.
Shall mean a sign of an owner of real commercial property
or of a licensed real estate broker that indicates that a particular
parcel or portion of commercial real estate property is available
for sale or lease. The particular commercial property must have either
200 feet frontage, a one and one-half (1.5) acre minimum, or both.
A maximum size of 40 square feet is allowed. A zoning permit is required
to establish the sign is the proper size.
Shall mean a sign with back-to-back faces and identical on
both sides. It shall be measured by using the area of only one side
of the sign. In the case a sign with back-to-back faces has no identical
sides, it shall be considered two signs.
Shall mean a sign expressing support for, or opposition to
candidates for public office. Election signs may be erected or posted
30 days before an election, and must be removed within 24 hours following
the conclusion of an election.
Shall mean that portion of a building which faces a public
right-of-way.
Shall mean a sign that provides directional, informational,
safety or public service information such as, but not limited to,
a sign indicating the location of public restrooms, telephones, or
similar facilities of public convenience, or providing a place for
the posting of public announcements. A functional sign shall not include
any commercial name or commercial message, except as hereinafter expressly
permitted.
Shall mean a sign or marker identifying an historical structure
or site, providing information about the significance of the structure
or site and posted by a governmental or historical entity or agency.
Shall mean a sign for any formally organized house of worship,
any charitable, fraternal, or nonprofit organization or agency, or
any public school or public building.
Shall mean a sign provided for new businesses pending approval
of their formal sign application.
Shall mean a sign with a source of artificial illumination
within the sign and behind the text or message.
Shall mean a sign for which a valid sign permit has been
granted prior to the effective date of this section, or predates any
regulation of signs in the Borough of Pitman.
Shall mean a sign located on a tax lot other than the lot
occupied by the use, event, or product where the sign identifies.
Shall mean a sign erected, constructed, or maintained by
a Federal, State, County, or local government, or any agency thereof,
or by any licensed public utility, for the purpose of informing or
guiding the public, or for the protection of the public health, safety,
or welfare, or for the public's convenience.
Shall mean a sign attached to a building and that cantilevers
over the sidewalk. Overhanging signs must adhere to current Uniform
Construction Codes.
Shall mean the area located between the curb and the sidewalk.
Shall mean an exterior sign with changeable text, with or
without wheels, that is portable. This includes sandwich boards, easels,
and pedestals. These signs must be removed from the outside of the
business during non-business hours.
Shall mean a sign providing directional or safety information
and serving a parking area that is privately owned and reserved for
the use of certain employees, patrons, or other persons serving the
premises.
Shall mean a sign that identifies the location of the office
of a member of a recognized profession that is maintained for the
conduct of that profession and is located in noncommercial zone.
Shall mean a sign located on Borough-owned property, or stretching
across a Borough-owned right-of-way, which promotes an activity, event,
or festival of a government agency, house of worship, or a charitable,
fraternal, or non-profit organization or agency, that operates within
the Borough of Pitman, and otherwise promotes the public good. Banners
must conform to the Uniform Construction Code and are erected and
maintained with the approval of the governing body. An Event Permit
from the Pitman Police Department is required. Banners must be hung
no earlier than 30 days prior to the event's date on the banner; banners
must be removed no later than seven calendar days after the event
is completed.
Shall mean a sign of an owner of real property or of a licensed
real estate broker that indicates that a particular parcel or portion
of real property is available for sale or lease.
Shall mean a sign at a place of residence, which may set
forth the names of the residents, the address and street name, and
may include a logo or symbol.
Shall mean a lettered board or other display, or any portion
thereof, on which any announcement, declaration, demonstration, logo,
presentation, illumination, or insignia is used to promote the interest
of any person, business, or entity.
Shall mean a separate and individual volume for one office,
commercial, or business use, which has its own frontage on a public
right-of-way, which is on a tax lot with other storefronts or uses,
and which is occupied by a use or entity that is distinct and separate
from the uses or entities occupying the rest of the tax lot.
Shall mean a temporary sign advertising or describing a sale
of the availability of particular merchandise or services, which is
located in the interior of the business or retail establishment, and
which is primarily intended to attract the attention of persons outside
the business or retail establishment.
Shall mean a sign that is not permanently attached to a building,
structure, post, or land, and which is designed or intended to be
displayed for a limited period of time, not to exceed 60 calendar
days. Temporary signs exceeding six square feet require a permit.
[Ord. No. 1-2012]
a.
Sign Permit Required. It shall be unlawful to erect, alter, relocate or otherwise have a sign in the Borough without first making application for and obtaining a sign permit. However, a permit shall not be required of any sign expressly exempted in Subsection d. A sign must also meet any applicable building codes, statutes, regulations, ordinances and permit requirements.
b.
Signs on Borough-owned property, or over a Borough right-of-way,
require an Event Permit and the approval of the Mayor and Council.
c.
Application Process.
1.
The application for a sign permit shall be submitted to the Zoning
Officer on such forms as may be required by the Borough and shall
be fully completed.
2.
The application shall be signed by the applicant and by the owner
of the tax lot for which the application is made.
3.
The application shall include a drawing or plan of the proposed sign,
drawn to scale, showing the design and lettering. It shall also include
specifications as to the type of lettering, position on the building
or structure, location on the tax lot, method of attachment, texture,
materials, lighting, color and computation of size.
4.
The application shall include three copies of the application form,
drawing or plan and any attachments thereto.
5.
If the sign is within the historic district, an historic application
must be submitted to the Historic Preservation Commission for review
and recommendation to the Planning and Zoning Board for a Certificate
of Appropriateness.
d.
Exempted Signs. There shall be no sign permit required for any of
the following kinds of signs:
[Ord. No. 1-2012]
a.
Required Signs. In the interest of public safety, all commercial
businesses, business offices, professional offices and institutions
shall have at least one permanent sign no less than two square feet
in area.
b.
Sign Content. A sign may include only the following information:
1.
The principal name of the business, proprietor or owner.
2.
A brief description of the principal goods, services, products or
uses offered in trade.
3.
A logo or trademark by which the business, proprietor or owner is
identified.
4.
The street number and street name.
5.
Phone number, website and operating hours.
6.
Parking information.
7.
Functional sign information.
8.
Any other notice or information required to be provided by law, including
current Fire Code regulations, and the Uniform Construction Code.
c.
Number of Signs.
1.
There shall be no more than two signs per storefront and no more
than one of any type of sign, except as follows:
(a)
Multiple Frontages. Where a storefront has frontage on more
than one public right-of-way, it shall be entitled to have one sign
on each frontage. The size of the sign or signs permitted shall be
calculated independently for each separate frontage. Permitted sign
area is not transferable from one frontage to another.
(b)
Multiple Entrances. Where a storefront has multiple entrances
on one frontage, each additional entrance shall be entitled to have
one additional sign. The size of the sign or signs permitted shall
be calculated independently for each separate entrance. Permitted
sign area Is not transferable from one entrance to another.
2.
A double-sided sign which is identical on both sides shall be counted
as one sign.
(a)
Computation of size of signs. The size of any sign shall be
computed by determining the area of the smallest rectangle into which
the sign can fit, exclusive of supporting structure or decorative
border, as permitted by this section. A double-sided sign which is
identical on both sides shall be measured by using the area of only
one side of the sign.
(b)
Signs not to be counted in determining number of signs or maximum
size. The following shall not be counted as signs for the purpose
of determining the total number of signs on a site or the maximum
total area allowed for signs on a site:
(c)
Lighting of signs. Illumination of a sign shall be arranged
so that no unreasonable light or glare is directed or reflected onto
adjacent streets or properties. All lighting shall be installed in
accordance with the Uniform Construction Code.
d.
Location of Signs. All signs must be on tax lot, building or storefront
with which they are identified, except for official and functional
signs.
e.
Prohibited Locations. The following locations for signs are prohibited:
1.
Any sign that obstructs any fire escape, door, window or any opening
required by law.
2.
Any sign affixed or painted on a tree, utility pole or other sign.
3.
Any sign placed in a public right-of-way, walkway or park strip.
In the absence of a park strip, the sign may not be placed within
three feet of the street.
4.
Any sign placed on private property without the owner's permission
or consent.
5.
Any sign placed on Borough-owned property without the approval of
the Mayor and Council.
6.
Any overhanging sign not conforming to the Uniform Construction Code.
f.
Prohibited Signs. The following signs and types of signs are prohibited:
g.
Maintenance.
1.
All signs must be maintained by the owner of the sign. This maintenance
shall include repainting, repairing and cleaning as necessary.
2.
If the Zoning Officer or Code Enforcement Officer determine that any sign is in a state of disrepair so as to no longer be reasonably capable of presenting its message, or is a danger to the public health or public safety, the Zoning Officer or Code Enforcement Officer shall give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax lot. Either owner shall thereafter have 30 days to correct the unsatisfactory condition of the sign, or any time limit, as specified by the Code Enforcement Officer or Zoning Officer, should a safety issue be involved. If the unsatisfactory condition of the sign is not so corrected within such time period, the Zoning Officer or Code Enforcement Officer may thereafter take such actions as are permitted pursuant to Subsection 35-34.8.
[Ord. No. 1-2012]
Any sign proposed for any of the following uses shall meet the
following requirements:
a.
Commercial Business Signs. The total area of all signs for one commercial business, except for those signs excluded in Subsection 35-34.4e above, shall be no greater than 40 square feet per frontage or 15% of the area of the frontage, whichever is less. For multiple frontages, see Subsection 35-34.4c above.
b.
Business Office and Professional Office Signs. Signs for a business
office or a professional office shall be no greater than two square
feet for each business or professional occupant of each storefront,
up to a maximum of 40 square feet per frontage or 15% of the area
of the frontage, whichever is less.
c.
Institutional Signs. The total area of all signs for one institution, except for those signs excluded in Subsection 35-34.4e above, shall be no greater than 20 square feet per institution.
d.
Portable Sign with Changeable Text.
1.
Only one such sign is allowed for each tax lot, building, or storefront.
2.
If portable, such sign will be brought In during non-business hours.
3.
Signs must have locking side supports.
4.
Allowable dimensions on sign:
Minimum Height of 36 inches not to exceed 48 inches.
Maximum width of 26 inches.
Maximum base width of 26 X 26 inches.
5.
Sign must partially touch building for which the sign is intended.
6.
One-time Sign Permit and fee from the Zoning Officer.
e.
Changeable text exterior sign may not exceed 20 square feet in area.
f.
Private Parking Signs.
1.
Parking signs shall contain only lettering or text to describe the
function to be served, such as "Parking," "Reserved Parking," "Handicapped
Parking," "One Way," "In," "Out," "Entrance," "Exit," or the name
or names of the person, persons, or class of person for whom the use
of a particular parking space is reserved.
2.
Parking signs shall not exceed the size listed in the Manual on Uniform
Traffic Control Devices for Streets and Highways, as provided by the
National Highway Traffic Safety Administration. Where there is no
similar standard municipal sign, any such sign shall not exceed four
square feet.
3.
Where any parking sign is remote from the building or use served,
the sign may contain the name of the building or use, which name shall
not exceed 1/2 of the total sign area.
g.
Functional Signs.
1.
Functional signs shall contain only the information to describe the
function to be served, such as "Public Rest Rooms," "Telephone," or
similar messages, or shall provide a place for the posting of public
announcements.
2.
Functional signs shall not exceed the size of the smallest standard
municipal sign bearing a similar message. Where there is no similar
standard municipal sign, any such sign shall not exceed two square
feet.
3.
The number of functional signs permitted for any one tax lot shall
be the minimum number reasonably necessary to inform the public of
the services available at the premises. No more than one sign for
each individual service shall be allowed.
4.
Any public message board may also include the name of the government
or nonprofit civic organization providing the sign.
h.
Residential Signs. Residential signs shall not exceed two square
feet in area, nor include any commercial message. They do not require
a sign permit.
[Ord. No. 1-2012]
a.
Signs for Service Providers.
1.
Signs for service providers, such as real estate brokers, contractors,
tradespeople, and artisans, are permitted only during the period of
time when the service provider is engaged in performing the service
on, or for the premises where the sign is placed. This includes residential
and commercial properties.
2.
Such signs shall not exceed six square feet in area.
3.
Only one sign per service provider is permitted.
4.
Any such sign shall be placed only with the permission of the owner
of the lot on which the service is being provided.
5.
Notwithstanding the foregoing, a real estate broker or the resident
selling his/her residence, may place one additional temporary sign
on the tax lot advising the public of an open house. This sign shall
be displayed only on the day prior to and the day of the open house.
6.
Such signs may not be placed in the park strip.
b.
Interim Business Signs.
1.
The Zoning Officer shall permit the display of interim signs pending
the necessary approval for permanent signs. The interim sign must
be removed upon installation of the permanent sign(s) or expiration
of 90 days, whichever is sooner.
2.
Such signs must comply in size, lettering, content, design, and location
consistent with the design of the permitted sign.
3.
The sign must be placed in approximately the same location as the
permanent sign unless approved otherwise by the Zoning Officer due
to practical considerations.
[Ord. No. 1-2012]
a.
Legal Nonconforming Signs. Any legal nonconforming sign may continue
in use until it loses its legal nonconforming status.
b.
Losing Legal Nonconforming Status. Any legal nonconforming sign shall
immediately lose its status as a legal nonconforming sign upon the
occurrence of any of the following events:
1.
The sign is altered in any way. Periodic maintenance of a sign or
change in the text of a changeable text sign shall not be considered
to be an alteration.
2.
The sign is abandoned or removed other than for periodic maintenance
or repairs.
3.
The sign is one which the Zoning Officer has given a notice to the owner of the sign and the owner of record of the tax lot pursuant to Subsection 35-34.8, and the owner of the sign and owner of record of the tax lot has failed to correct the condition for which the notice is given.
4.
Change of business, tenant, use, or location.
[Ord. No. 1-2012; Ord. No. 8-2013]
a.
Enforcement.
1.
The Zoning Officer and the Code Enforcement Officer shall enforce
this section.
2.
Upon the discovery of a violation of this section,
(a)
The enforcement official shall give written notice to the owner
of the sign and to the owner of record of the tax lot that the sign
is in violation of this section and to bring the sign into conformity,
or to remove it, within 10 days of the notice.
(b)
If the violation is a temporary sign on/in public property or
the public right-of-way, or placed within the park strip the enforcement
official may remove the sign immediately and document the violation.
Followed by notice of the violation being sent to the owner of the
sign.
3.
In the event that the sign violation continues after the notice,
the enforcement official may file a municipal court complaint against
the owner of the sign and/or the owner of record of the tax lot.
b.
Penalties. Any person who is convicted of a violation of this section
shall be subject to a fine of not more than $100/day, retroactive
to the expiration date of the notice, and the sign must be brought
into conformity or removed.
[1967 Code § 15-15.16]
The Planning Board may authorize as a conditional use, subject to the provisions of Subsection 35-24.5, Front Yard Exceptions, the establishment of a funeral home in TRC-1 and C-1 Commercial Districts. Such funeral home shall conform with all of the regulations of the district and with all pertinent general regulations of this chapter, except those for which the following regulations are substituted:
a.
The total tract size shall be not less than 20,000 square feet.
b.
The proposed tract shall have direct access to an arterial or connector
highway or a feeder street, as shown in the Master Plan of Physical
Development of Pitman.
c.
No crematory, receiving vault, preparation room or display of funeral
equipment shall be visible from the outside of the building in which
it is located.
d.
All activities, including loading and unloading of merchandise, shall
be carried out entirely within the tract.
e.
No fewer than 40 off-street parking spaces shall be provided on the
tract.
[1967 Code § 15-19.1]
In the development and execution of this section, it is recognized
that there are some land uses which, because of their very nature,
are recognized as having serious objectionable operational characteristics,
particularly when such uses are concentrated under circumstances having
a deleterious affect on the adjacent areas.
[1967 Code § 15-19.2]
a.
Findings. The Borough of Pitman is a highly church-oriented community
with churches interspaced throughout the 2.2 square miles the Borough
occupies. It is, therefore, concluded that special prohibition of
the uses described as adult bookstores and theaters may be necessary
to insure that these adverse affects will not contribute to the blighting
or downgrading of the surrounding neighborhoods. There is no area
within the Borough that either adult bookstores or theaters could
be placed that would not be within a matter of a very short distance
in feet, i.e., less than 500 feet, to any residential neighborhood
and few places, if any, where such a facility could be located further
than 1,000 feet from any church.
b.
ADULT BOOKSTORES
ADULT MOTION PICTURE THEATER
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SPECIAL ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITY
Definitions. As used in this section:
Shall mean an establishment having a substantial or significant
portion of its stock in trade books, magazines and other periodicals,
films and other viewing materials which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to special
sexual activities, sexual conduct or specified anatomical areas, or
an establishment with a segment or section devoted to the sale or
display of such material and sexual apparatus and devices.
Shall mean an enclosed building used for presenting material
distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities, sexual conduct
or specified anatomical areas for observation by patrons therein.
Shall mean flagellation or torture by or upon a human being
who is nude, clad in undergarments or in revealing or bizarre costumes,
or the condition of one who is nude or so clothed and is being fettered,
bound or otherwise physically restrained.
Shall mean human masturbation and sexual intercourse or any
touching of the genitals, pubic areas or buttocks of the human male
or female or the breasts of the female, whether alone or between members
of the same or opposite sex or between humans and animals in an act
of apparent sexual stimulation or gratification.
Shall mean human genitals in a discernibly turgid state,
even if covered.
Shall mean:
[1967 Code § 15-19.3]
No lot or premises may be used for a trailer camp, tourist cabin
court, trailer or mobile home for dwelling use, automobile wrecking
yard or for the storage of secondhand building materials for sale.
[Added 7-26-2021 by Ord. No. 6-2021]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in section
3 of P.L. 2021, c. 16 are hereby prohibited from operating anywhere
in the Borough of Pitman, but not the delivery of cannabis items and
related supplies by a delivery service
[1967 Code § 15-19.4; Ord. No.
11-2011]
Any person, firm or corporation or other party violating any
of the provisions of this section shall, upon conviction thereof,
be subject to a fine not exceeding $2,000 or imprisonment in the County
jail for a term not exceeding 90 days, or both, at the discretion
of the judge before whom such conviction shall be entered. Each and
every violation of, and nonconformance to, this chapter or each day
that any provision of this chapter shall have been violated, shall
be construed as a separate and distinct violation thereof.
[Ord. No. 3-2013]
The purpose of this section is to implement the provisions of
P.L. 2007, c.209 (C.40:48-2.60 et seq.) establishing guidelines for
the use of charitable clothing bins/donation clothing bins throughout
the Borough of Pitman.
[Ord. No. 3-2013]
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a charitable clothing bin/donation
clothing bin for solicitation purposes, unless all of the following
requirements are met:
a.
Permit. The person has obtained a permit, valid for one calendar
year, from the Zoning Officer of the Borough of Pitman. In applying
for such a permit, the person shall include:
1.
The location where the bin would be situated, as precisely as possible;
2.
The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold or dispersed,
and the method by which the proceeds of the collected donations would
be allocated or spent;
3.
The name and telephone number of the bona fide office of any entity
which may share or profit from any clothing or other donations collected
via the bin; and
4.
Written consent from the property owner to place the bin on his property.
b.
Renewal of Permit. An expiring permit for a charitable clothing bin/donation clothing bin may be renewed upon application for renewal and payment of fees outlined in Subsection 35-37.3. Such application shall include:
1.
The location where the bin is situated, as precisely as possible,
and, if the person intends to move it, the new location where the
bin would be situated after the renewal is granted, and written consent
from the property owner to place the bin on his property;
2.
The manner in which the person has used, sold or dispersed any clothing
or other donations collected via the bin, the method by which the
proceeds of collected donations have been allocated or spent and any
changes the person anticipates it may make in these processes during
the period covered by the renewal; and
3.
The name and telephone number of the bona fide office of any entity
which shared or profited from any clothing or other donations collected
via the bin, and of any entities which may do so during the period
covered by the renewal.
c.
Denial of Permit. The Zoning Officer of the Borough of Pitman shall
not grant an application for a permit to place, use or employ a charitable
clothing bin/donation clothing bin if it is determined that the placement
of the bin violates any section of the Zoning Ordinances of the Borough
and/or could constitute a safety hazard. Such hazards shall include,
but not be limited to, the placement of a donation clothing bin within
100 yards of any place which stores large amounts of, or sells, fuel
or other flammable liquids or gases.
d.
Display of Permit Information. The permit number and its date of expiration shall be clearly and conspicuously displayed on the exterior of the donation clothing bin, in addition to the information required pursuant to Subsection a.
1.
The following information must clearly and conspicuously be displayed
on the exterior of the charitable clothing bin/donation clothing bin:
(a)
The name and address of the registered person who owns the bin,
and of any other entity which may share or profit from any clothing
or other donations collected via the bin;
(b)
The telephone number of the person's bona fide office and, if
applicable, the telephone number of the bona fide office of any other
entity which may share or profit from any clothing or other donations
collected via the bin. For purposes of this subsection, an answering
machine or service unrelated to the person does not constitute a bona
fide office;
(c)
In cases when any entity other than the person who owns the
bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared or given entirely
to an entity other than the person who owns the bin, and identifying
all such entities which may share or profit from such donations; and
(d)
A statement, consistent with the information provided to the
Zoning Officer of the Borough of Pitman, in the most recent permit
or renewal application indicating the manner in which the person anticipates
any clothing or other donations collected via the bin would be used,
sold or disbursed, and the method by which the proceeds of collected
donations would be allocated or spent.
[Ord. No. 3-2013]
The fee for use of a charitable clothing bin/donation clothing
bin as follows:
[Ord. No. 3-2013]
All complaints received from the public regarding a charitable
clothing bin/donation clothing bin shall be investigated within 30
days by the Zoning Officer of the Borough of Pitman. Whenever it appears
to the Zoning Officer of the Borough of Pitman that a person has engaged
in, or is engaging in any act or practice in violation of this section,
the person who placed the bin shall be issued a warning stating that
if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within 45 days, the bin will be
seized or removed at the expense of the person who placed the bin,
and any clothing or any donations collected via the bin will be sold
at public auction or otherwise disposed of. In addition to any other
means used to notify the person who placed the bin, such warning shall
be affixed to the exterior of the bin itself.
In the event the person who placed the bin does not rectify
the violations or request a hearing within 45 days of the posting
of the warning, the Zoning Officer of the Borough of Pitman may seize
the bin, remove it or have it removed at the expense of the person
who placed the bin and sell it at public auction or otherwise dispose
of any clothing or other donations collected via the bin. Any proceeds
from the sale of the donations collected via the bin shall be paid
to the Chief Financial Officer of the Borough of Pitman.
In addition to any other penalties or remedies authorized by
the laws of the State of New Jersey, any person who violates any provision
of this section which results in the seizure of the charitable clothing
bin/donation clothing bin shall be:
a.
Subject to a penalty of up to $20,000 for each violation. The Borough
of Pitman may bring this action in the Municipal Court or the Superior
Court of New Jersey as a summary proceeding under the "Penalty Enforcement
Law of 1999," P.L. 1999, c.274 (C.2A:58-10 et seq.) and any penalty
monies collected shall be paid to the Chief Financial Officer of the
Borough of Pitman; and
b.
Deemed ineligible to place, use or employ a charitable clothing bin/donation
clothing bin for solicitation purposes pursuant to Section 2 of P.L.
2007. A person disqualified from placing, using or employing a charitable
clothing bin/donation clothing bin by violating provisions of P.L.
2007 may apply to the appropriate municipal agency to have that person's
eligibility restored. The Zoning Officer of the Borough of Pitman
may restore the eligibility of a person who:
[Ord. No. 11-2015]
The outdoor display of merchandise shall be permitted in the
C-1 and TRC-1 Zone Districts subject to the following:
a.
The purpose of this section is to permit certain decorative displays
of merchandise and plantings in front of a store in the C-1 or TRC-1
Zoning District to assist the merchants to market their goods and
enhance the beauty of the Borough.
b.
Ornamental plantings, merchandise and goods which are offered for
sale within a store with sidewalk frontage may be displayed in front
of the exterior storefront within the sidewalk right-of-way and on
privately owned property. Clothing shall only be displayed on a mannequin
and no more than one mannequin per store shall be permitted. The clothing
shall be appropriately placed on the mannequin, not draped upon it.
c.
Merchandise shall be tastefully and decoratively displayed and located
no more than thirty inches (30") from the front wall of the building
in which the store is located. The decoratively displayed merchandise
shall not occupy more than 50% of the store front width, provided
that it shall not exceed more than eight linear feet (8'), but may
be at least two linear feet (2'). The display shall not obstruct the
storefront entrance and shall not extend above six feet (6') from
the sidewalk surface. Corner properties may only display merchandise
on the frontage for that location.
d.
A safe, continuous, and level path on the public right-of-way (sidewalk)
shall be maintained for pedestrian traffic to pass in front of the
storefront with the decorative display. Such path must be not less
than four feet (4') in width between the most forward edge of any
merchandise or goods, and any existing proposed features, such as
trees, tree wells, planters, benches, trash cans, signs, hydrants,
utility poles, curb lines, and similar publicly installed fixtures
or other item in the right-of-way.
e.
The decorative display shall not contain any lighting, except for
holiday lighting on ornamental plantings. It shall not contain electronic
and or mechanical moving devices or items even if offered for sale
within the store. The decorative display shall not contain any signage.
Displays shall not contain any sound or electrical power devices.
f.
The merchandise and goods permitted in this section are to be displayed
in front of the exterior storefront, and may be displayed on temporary
removable supports such as racks, benches, shelves, decorative carts,
and shall be removed at the end of each day of business. Packing cartons,
cardboard boxes, folding tables, card tables, or similar display supports
are prohibited.
g.
Plants, cut flowers, greens, and other such vegetative matter are
not to be considered as items and need not be offered for sale by
the store. These displays are to be kept neat and clean, free from
dead plants, trash, litter, and other debris.
h.
No sales may occur outside the store. All sales must be conducted
within the store.
i.
Any merchant choosing to decoratively display merchandise and goods
under the provisions of this section shall obtain permission annually
from the Borough of Pitman by completing an application requesting
such permission and a sketch identifying the approximate location
of items to be displayed. An annual application fee shall be paid
upon submission of the application. A first time application shall
be $25. A renewal application fee shall be $15 each year thereafter.
The application shall be submitted to the Zoning Officer.
j.
In the event that the Zoning Officer determines that any decorative
display of merchandise and goods is in a state of disrepair, unkempt
or presents the potential of a pedestrian hazard or otherwise fails
to comply with the provisions of this section, the business owner
shall immediately correct the display at the request of the Zoning
Officer. The Zoning Officer shall also be authorized to order the
business owner to remove the display for failure to comply with this
section.
k.
Any application for a variance from this section shall be submitted
to the Zoning Board. The filing fee for such a variance shall be $50.
l.
A business with two violations of this section within a 12 month
period shall have their permit revoked for a 12 month period commencing
on the date of the second violation.
m.
The Zoning Officer shall be authorized to file a complaint in Municipal
Court against any business owner that establishes or maintains an
outdoor display in violation of the provision of this section. Any
person being found in violation of this section shall be subject to
a fine in an amount not to exceed $500 for each violation.
[1967 Code § 15-17.1]
This chapter shall be enforced by the Zoning Officer. It shall
be his/her duty to examine all applications for permits and to issue
permits only for construction and uses which are in accordance with
the requirements of this chapter. The Zoning Officer shall record
and file all applications for permits with any accompanying plans
and documents and make such reports as the Borough Council may require.
Permits for construction and uses which are a conditional use or variance
to requirements of this chapter shall be issued only upon order of
the Planning Board or the Planning Board acting as the Zoning Board
of Adjustment. Nothing herein contained shall require any change of
plans or construction of a lawful use, the construction of which is
started before June 8, 1964, or for which a permit has been issued
which is completed within one year of June 8, 1964.
[1967 Code § 15-17.2]
A building permit shall be required prior to the erection or
structural alteration of any building, structure or portion thereof.
A use permit shall be required prior to the use or change in use of
a building or land and prior to the change or extension of a nonconforming
use. Applications for permits shall be made, in writing, to the Zoning
Officer on such forms as may be furnished by the Borough. Such application
shall contain all information necessary for the Zoning Officer to
ascertain whether the proposed erection, alteration, use or change
in use complies with the provisions of this chapter. In the case of
uses or buildings which required approval of the New Jersey Department
of Labor, copies of the application and plans furnished to such agency
shall meet the terms of this subsection.
[1967 Code § 15-17.3]
Permits shall be granted or refused within 10 days after the
written application has been filed with the Zoning Officer. Upon completion
of the erection or alteration of any building or portion thereof authorized
by any permit, and prior to occupancy or use, the holder of such permit
shall notify the Zoning Officer of such completion. No permit shall
be considered complete or permanently effective until the Zoning Officer
has certified that the work has been inspected and approved as being
in conformity with the provisions of this chapter and other applicable
provisions of this revision and has issued a certificate of occupancy
as required below.
[1967 Code § 15-17.4]
a.
It shall be unlawful to use or permit the use of any building, structure
or premises, or part thereof, hereafter created, erected, changed,
converted, altered or enlarged, wholly or partly in its use or structure,
until a certificate permitting the occupancy thereof shall have been
applied for and issued therefor by the Zoning Officer. Such certificate
shall show that such building, structure or premises, or part thereof,
are in conformity with the provisions of this chapter and all other
ordinances of the Borough pertaining to buildings or a determination
of the Planning Board acting as the Zoning Board of Adjustment.
b.
A certificate of occupancy where new construction or change in ownership
is involved shall bear the approval of various departments of the
Borough government.
1.
These approvals shall be indicated by signatures of the Zoning Officer,
the Fire Marshal, the Plumbing Subcode Official, the Housing Officer,
if applicable, the Room Rental Licensing Officer, if applicable, and
the Health Officer.
2.
In the case of changes of ownership, any installations, alteration
or corrections required prior to issuance of the certificate of occupancy
shall be paid for by the seller.
c.
A temporary certificate of occupancy for a part of a building may
be issued by the Zoning Officer.
d.
All applications for certificates of occupancy shall be received
by the Zoning Officer and shall be processed by the Zoning Officer
within 10 days of receipt of such written application. Should the
Zoning Officer fail to issue the requested certificate of occupancy
or fail to return the rejected application with a list of required
corrections to the applicant within this 10 day period, the certificate
of occupancy shall be considered to be issued.
e.
The Zoning Officer shall be responsible for carrying out all necessary
liaisons with other Borough officials whose inspection and approval
is required for the issuance of a certificate of occupancy.
f.
Upon written request from the applicant, the Zoning Officer shall
issue a certificate of occupancy for any building or premises existing
as of June 8, 1964, certifying, after inspection, the extent and kind
of use made of the building or premises and whether such use conforms
to the provisions of this chapter.
[1967 Code § 15-17.5; Ord. No.
11-2011]
Each applicant for a use or change in use of a building or land
shall, at the time of making application, pay a fee for the cost of
administration, as follows:
a.
Upon application for a permit for the use or change in use of a building or of land, each applicant shall pay a fee of $35, except as provided in Subsection c below.
b.
Upon application for a permit for certifying that a nonconforming
use or nonconforming building was a lawful nonconforming use or building
as of June 8, 1964, each applicant shall pay a fee of $35.
d.
For resubmission or revision of any application, there shall be paid
the same fee and deposit as for a new application which shall be in
addition o any amounts paid for the original application. Nothing
herein shall prevent or limit resubmissions and revisions.
e.
Zoning permits issued pursuant to this section shall remain effective
for a period of one year from the date of issuance. If the construction
or use contemplated by the permit has not commenced within one year
of the issuance date, then the zoning approval shall be void.
[1967 Code § 15-18.1]
The Borough Council reserves the right to amend, change, modify
or repeal any regulations, limitations and restrictions of this chapter,
including the Zoning Map. No such amendment, change, modification
or repeal shall be adopted until after a public hearing is held thereon
by the Borough Council at which parties in interest and citizens shall
have an opportunity to be heard.
a.
No amendment or change shall become effective unless an ordinance
proposing such amendment or change shall first have been submitted
to the Planning Board for approval, disapproval or suggestion and
the Planning Board shall have a reasonable time, not less than 35
days, for consideration and report. In the case of an unfavorable
report by the Planning Board, such amendment or change shall not become
effective except by a favorable vote of a majority of the full authorized
membership of the Governing Body, in which event the Governing Body
shall record in its minutes the reasons for not following the recommendation
of the Planning Board.
b.
In case of a protest against such proposed change signed by the owners
of 20% or more either of the area of the lots or land included in
such proposed change or of the lots or land on either side thereof
or directly opposite thereto extending 200 feet therefrom (exclusive
of street space), such change shall not become effective except by
the favorable vote of 2/3 of all members of the Governing Body.
[1967 Code § 15-18.2]
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained or any building or structure is
used in violation of this chapter or any regulations made pursuant
thereto, the proper Borough authorities, in addition to other remedies,
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure or
land or to prevent any illegal act, conduct business or use in or
about such premises.
