The procedural requirements of the new Land Use Law, having been included under Chapter 102, any provision herein provided is superseded by the provisions therein contained.
This chapter is enacted for the following purposes:
A.
To promote the public health, safety, morals and general welfare
of the inhabitants of West Deptford Township.
B.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
C.
To provide adequate light, air and open space.
D.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and the preservation of the
environment.
E.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private.
F.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which results in congestion or blight.
G.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
H.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
From and after the effective date of this chapter, the use of all land and every building or portion of a building, erected or altered with respect to height and area, added to or relocated, and every use within a building or use accessory thereto in West Deptford Township 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, and heretofore legally existing or used, shall be regarded as nonconforming but may be continued, extended or changed subject to the special regulations provided in § 166-30.
In interpreting and applying the provisions of this chapter,
such provisions 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 statute, other ordinance or regulation, the provisions
of this chapter shall be controlling. Where the provisions of any
statute, other ordinance or regulation impose greater restrictions
than this chapter, the provisions of such statute, other ordinance
or regulation shall be controlling.
This chapter, inclusive of all amendments and supplements that
may be in effect, shall be known and may be cited as the "West Deptford
Township Zoning Ordinance."
A.
Word usage. The word "used" shall include the words "arranged," "designed"
or "intended to be used." The word "building" shall include the word
"structure." Whenever a term is used which is defined in N.J.S.A.
40:55D-1 et seq., such term is intended to have the meaning as defined
in N.J.S.A. 40:55D-1 et seq., unless specified to the contrary in
this chapter. Any word or item not defined in N.J.S.A. 40:55D-1 is
intended to have such meaning in common usage.
[Amended 4-3-2014 by Ord.
No. 2014-08]
B.
ACCESSORY STRUCTURE
ACCESSORY USE
ANTENNA
BANNER
BUFFER
BUILDING AREA
BUILDING LINE
BUILDING
CARGO CONTAINER
CARPORT
CHANGE IN USE
COMMON OPEN SPACE
CONCEPT PLAN
CONDITIONAL USE
DWELLING
(1)
(2)
(3)
ELECTRICAL SUBSTATION
FAMILY
FENCE
HEIGHT OF BUILDING
HOME OCCUPATION
IMPERVIOUS COVERAGE
INCLUSIONARY DEVELOPMENT
LOT
MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER or ALTERNATIVE
TREATMENT CENTER
MOBILE HOME
MOBILE HOME DEVELOPMENT
MOBILE HOME LOT
MOTOR VEHICLE SERVICE STATION
NONCONFORMING BUILDING OR USE
OUTDOOR DINING
PARKING SPACE
PRIVATE GARAGE
PUBLIC GARAGE
RESTAURANT
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SINGLE AND SEPARATE OWNERSHIP
STREET LINE
TOWNHOUSE; TOWNHOUSE UNIT
TRAILER
YARDS
(1)
(2)
(3)
Definitions. Unless otherwise expressly stated, the following words
and phrases shall be construed throughout this chapter to have the
meanings herein indicated:
A structure subordinate to the main building on a lot and
used for purposes customarily incidental and subordinate to those
of the main building. Such structures include but are not limited
to private detached garages, carports, storage sheds, pool houses,
pole barns, hot tubs and/or spas, and gazebos.[1]
[Added 11-6-2003 by Ord.
No. 2003-15; amended 4-3-2014 by Ord. No. 2014-08]
A use subordinate to the main use of land or of a building
on a lot and customarily incidental thereto.
[Amended 4-3-2014 by Ord.
No. 2014-08]
A system of electrical conductors that transmit and/or receive
signals for wireless communications.
[Amended 4-3-2014 by Ord.
No. 2014-08]
A graphic or sign that has its letters or design applied
to cloth, canvas or other flexible material.
[Added 4-3-2014 by Ord.
No. 2014-08; amended 5-15-2014 by Ord. No. 2014-10]
A landscaped strip of land used to visually and or acoustically
insulate the subject site from its surroundings. Buffers also serve
to shield or block noise, lights or other nuisances.
[Added 4-3-2014 by Ord.
No. 2014-08]
The aggregate of the maximum horizontal cross-section areas,
excluding cornices, eaves and gutters, of all buildings on a lot.
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard.
A unit which is not governed by UCC regulations, that is
customarily used for transporting cargo that may or may not be constructed
to stack on one another.
[Added 11-6-2003 by Ord.
No. 2003-15]
A roofed structure providing shelter for the parking of motor
vehicles and enclosed on not more than two sides.
[Added 11-6-2003 by Ord.
No. 2003-15]
Any use not substantially the same as the previous use of
a building or land.
[Added 4-3-2014 by Ord.
No. 2014-08]
An area within or related to a site designated and intended
for the use or enjoyment of residents.
[Added 4-3-2014 by Ord.
No. 2014-08]
An informal presentation and attendant documentation of a
proposed subdivision or site plan which is without legal standing
but which is intended to allow the applicant to receive suggestions
from the Planning Board Work Committee.
[Added 4-3-2014 by Ord.
No. 2014-08]
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained herein, and upon the issuance of an authorization therefor
by the Planning Board and after public hearing.
[Amended 3-7-1985 by Ord.
No. 85-2]
SINGLE-FAMILYA building on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building on a lot, designed and occupied exclusively as a residence for two families.
MULTIPLE or APARTMENTA building on a lot, designed and occupied exclusively as a residence for three or more families.
An assemblage of 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 "electrical 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.
One or more persons related by blood, adoption or marriage,
including foster children and household servants, living and cooking
together as a single housekeeping unit. A number of persons but not
exceeding three living and cooking together as a single housekeeping
unit though not related by blood, adoption or marriage shall be deemed
to constitute a "family."
An artificially constructed barrier erected to enclose or
screen.
[Added 4-3-2014 by Ord.
No. 2014-08]
A building's vertical measurement from the main level of
the ground abutting the building to a point midway between the highest
and lowest points of the roof, provided that chimneys, spires, elevator
penthouses, tanks and similar projections of the building and structures
supporting utility or transmission facilities shall not be included
in calculating the height. Freestanding towers shall be subject to
height regulations.
A lawful occupation customarily or traditionally carried
on within a dwelling by the inhabitants thereof, which use is incidental
and subordinate to the use of the dwelling for living purposes and
does not change the character thereof or involve the use of mechanical
equipment other than that customarily used for purely domestic or
hobby purposes. A "home occupation" in a residence district shall
not be interpreted to include the following: a barber, beauty shop
or hair stylist; tearoom; tourist home; mortuary; convalescent home;
commercial kennel; or similar use of a commercial nature.
The area of all portions of the lot which are covered by
impervious surfaces. Impervious surfaces are any material which prevents
the absorption of stormwater.
[Added 4-3-2014 by Ord.
No. 2014-08]
A residential development in which a proportion of all units
are reserved for low-income households as defined by the New Jersey
Council on Affordable Housing and in which an equal proportion of
units are reserved for 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%. For developments in which the units are rented, the sum of
low- and moderate-income units shall be 15%.
[Added 4-21-1988 by Ord.
No. 88-5]
A parcel of land on which a main building with 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.
[Amended 4-3-2014 by Ord.
No. 2014-08]
An organization approved by the State of New Jersey to perform
activities necessary to provide registered qualifying patients with
usable marijuana and related paraphernalia in accordance with the
provisions of the Compassionate Use Medical Marijuana Act (N.J.S.A.
24:6I-3).
[Added 4-3-2014 by Ord.
No. 2014-08]
A transportable, single-family detached dwelling intended
for permanent occupancy, contained in one unit or in two or more units
designed to be complete and ready for occupancy except for minor and
incidental unpacking and assembly operations, and which contains living
and sleeping accommodations, a flush toilet, a tub or shower and kitchen
facilities, with plumbing and electrical connections for attachment
to outside systems. This term shall include manufactured housing but
shall not include a travel trailer or camper.
[Added 10-6-1983 by Ord.
No. 83-17]
The improvement of one or more contiguous tracts of land
for the purpose of creating mobile home lots which have been planned,
approved by the Township Committee and Planning Board as required
by this chapter and improved for the placement of mobile homes for
nontransient use, regardless of the form of ownership of the land.
[Added 10-6-1983 by Ord.
No. 83-17]
A parcel of land in a mobile home development, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home.
[Added 10-6-1983 by Ord.
No. 83-17]
Includes any commercial dispensing of gasoline or motor vehicle
fuel of any kind, whether or not such sale shall constitute the principal
source of revenue of the dispenser, and may include minor repairs
and body work.
[Amended 4-3-2014 by Ord.
No. 2014-08]
A building or a use of land or of a building existing at
the effective date of this chapter which does not conform with the
requirements of this chapter.
An area separated from and not located within the exterior
walls and roof, or attached porches/decks of a restaurant that is
accessory thereto and that contains portable seating and tables intended
only for eating and drinking food and beverages the restaurant offers
as part of its standard menu.
[Added 12-1-2021 by Ord.
No. 2021-16]
An open space or a garage on a lot used for parking motor vehicles, the area of which is not less than specified in § 166-33C hereof, and from which there is direct access to a street without moving another vehicle.
[Amended 2-20-1986 by Ord. No. 86-5]
An accessory building used for the storage of motor vehicles
and farm equipment, household or lawn maintenance equipment which
may include one commercial vehicle, owned and used by the owner or
tenant of the premises, and for the storage of not more than two private
noncommercial vehicles owned and used by persons other than the owner
or tenant of the premises.
A building, not a private garage, used for the parking, storage,
repair or servicing of motor vehicles of any type of ownership.
An establishment in which food and drink may be procured,
provided that such food or drink is to be consumed while seated at
a table, counter or a booth within a building on the premises, except
that a takeout window may be permitted as an ancillary service to
the overall operation.
[Added 12-1-2021 by Ord.
No. 2021-16]
Any name, nameplate identification, poster, billboard, public
display or illustration, structure or device used for visual communication
which is affixed, painting or represented, directly or indirectly
(which includes light projection methods), upon a building, post or
other surface for the purpose of bringing any subject to the attention
of the public, or which advertises or identifies a business, commodity,
service, product or structure. For the purposes of this chapter, a
"sign" shall include banners, streamers, balloons (captive or free),
temporary window signs, animated mechanical or electrical or other
types of attention-attracting devices. The area of a sign shall include
all lettering, wording, designs and symbols together with background,
whether open or enclosed, on which they are displayed, including the
frame but not including any supporting base, framework and bracing.
Where a "sign" consists of individual letters, numbers, characters
or symbols the area shall be considered that of the smallest rectangle
or other regular geometric shape, which encompasses all of the letters
and symbols. When a double-faced sign is erected in such a manner
that both sides are not visible from the same vantage point, then
only one face shall be used to compute the sign area.
[Amended 8-21-1980 by Ord. No. 80-17; 2-20-1986 by Ord. No. 86-5; 5-15-2014 by Ord. No. 2014-10]
BUSINESS SIGNA sign which directs attention to a business, profession, industry or similar activity conducted upon the property on which the sign is located.
DIRECTION SIGNAn informational sign indicating direction to a specific use or organization, entry or exit, loading or service area, fire lanes, parking, no trespassing or similar information incidental to the primary use and not itself advertising that use.
NAMEPLATE SIGNA sign indicating only the name, occupation and/or address of persons or person resident on or legally occupying the premises.
SIDEWALK, SANDWICH-BOARD or A-FRAME SIGNA movable sign which is not secured permanently to the ground.
TRAILER, VEHICLE, MOBILE or TRANSPORTABLE SIGNA sign which is affixed to, painted on or part of a trailer or similar mobile or movable device on wheels or which is transportable from one location to another, intended for the display of a business or advertising sign, whether lighted or not.
CIVIC EVENT SIGNA temporary sign, other than a commercial sign, posted to announce a civic event sponsored by a public agency, school, house of worship (church), civic fraternal organization, or similar not-for-profit organization.
NONPROFIT CORPORATION/ORGANIZATIONA corporation or an association that conducts business for the benefit of the general public without shareholders and without a profit motive.
WINDOW SIGNA sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure.
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.
The dividing line between a lot and the outside boundary
of a public street, road or highway legally open or officially plotted
by the Township, 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.[2]
One of a series of single-family dwelling units which is
attached to one or more adjacent townhouse units by a common wall
which meets fire- and sound-resistant requirements of the Construction
Code, and which is intended to be owned by an individual owner in
fee simple or in condominium title.
A structure designed to stand on wheels used for the carrying
of goods, objects, or as a temporary office or storage unit.
[Added 11-6-2003 by Ord.
No. 2003-15]
FRONTThe required open space, extending along each street line throughout the full dimension of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
SIDEThe required open space, extending along the side line of the lot throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
REARThe required open space, extending along the rear line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
[1]
Editor's Note: The former definition of "accessory building,"
which immediately preceded this definition, was repealed 11-6-2003
by Ord. No. 2003-15.
[2]
Editor's Note: The former definition of "telephone central
office," which immediately followed this definition, was repealed
4-3-2014 by Ord. No. 2014-08.
The Township Committee reserves the right to amend, change,
modify or repeal any regulations, limitations and restrictions of
this chapter, including the Zoning Map, in the manner prescribed by
law.
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 regulation made pursuant
thereto, the proper Township 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.
