From and after the effective date of this chapter, 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
Wenonah shall be in conformity with the provisions of this chapter.
Any existing legal 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 as provided herein.
[Amended 10-11-2012 by Ord. No. 2012-9; 11-17-2016 by Ord. No. 2016-10; 8-27-2020 by Ord. No. 2020-12]
A. Purpose. The purpose of the LMR Low and Moderate Residential District
is to provide a realistic opportunity for the Borough of Wenonah to
meet its fair share of affordable housing units pursuant to the Fair
Housing Act of 1985 (N.J.S.A. 52:27D-301 et seq.). Any development
in an LMR District shall provide low- and moderate-income housing
units as defined in the Fair Housing Act and the Borough's Affordable
Housing Ordinance. The LMR Low and Moderate Income Residential District
may be applied as the base zoning district or as an overlay district
as depicted on the Zoning Map.
B. Use regulations. A building may be erected or used, and a lot may
be used or occupied, for any of the following purposes, and no other:
(1) Single-family attached dwellings.
(2) Community residences for up to 15 developmentally disabled persons;
community shelters for victims of domestic violence and community
residences for persons with head injuries, serving not more than six
persons, pursuant to N.J.S.A. 40:55D-661.
(3) Multifamily residential dwellings, excepting overlay districts.
(4) The following uses when authorized by the Combined Planning Board as a conditional use, pursuant to §
72-708:
(b)
Community shelters for victims of domestic violence and community residences for persons with head injuries, serving more than six persons and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.1, in accordance with the provisions of §
72-711L.
(5) Accessory uses which are customarily incidental to the residential
use of the lot:
(a)
Management office for the operation of the residential complex.
(b)
Laundry for the exclusive use of residents.
(c)
Maintenance room for the storage of supplies and equipment used
in the operation of the residential complex.
(6) Required use. A minimum of 20% of all units marketed as for-sale
dwellings and a minimum of 15% of all units marketed as rental dwellings
shall be affordable to low- and moderate-income households as defined
herein.
C. Area, yard, height, and coverage regulations.
(1) Minimum tract area: two acres.
(2) Minimum tract frontage: 60 feet on a state or county highway.
(3) Maximum density:
(a)
Eight units to the acre where the Zoning Map depicts the LMR-1
District.
(b)
Six units to the acre where the Zoning Map depicts the LMR-2
Overlay District.
(c)
Eight units to the acre where the Zoning Map depicts the LMR-3
Overlay District.
(4) Maximum building area: 30% of total area.
(5) Maximum impervious surface coverage: 60%.
(6) Building setbacks and distances. The following setback of any building
from property lines and minimum distances between buildings in a multiple-building
development shall be maintained:
(a)
Building setback from a street line: 50 feet.
(b)
Building setback from a side or rear property line: 40 feet.
(c)
Minimum distances between buildings: 35 feet.
(7) Minimum setbacks for parking areas:
(b)
From a tract perimeter: 25 feet.
(c)
Where 90° parking is placed against a building, there shall
be a ten-foot-wide separation from the building.
(8) Height. No building shall exceed 35 feet in height.
(9) Minimum dwelling width for single-family attached dwellings: 18 feet.
(10)
Maximum building length through the long axis or axes: 180 feet.
(11)
Additional area and yard requirements for units marketed on
a fee-simple basis:
(a)
Minimum lot size: 1,200 square feet.
(b)
Minimum lot frontage and width: 18 feet.
(12)
Each building shall contain central laundering facilities unless
each unit is supplied with an area devoted to such use.
[Amended 8-27-2020 by Ord. No. 2020-13]
A. Purpose. The Senior Citizen Overlay District is intended to provide
an area for the development of high-quality age-restricted housing
in accordance with the Federal Fair Housing Amendments Act of 1988
(24 CFR Part 14 et al.), as it may be amended or superseded. Any development
in the Senior Citizen Overlay District shall include low- and moderate-income
housing units as defined in the Fair Housing Act and the Borough's
Affordable Housing Ordinance.
B. Relationship of overlay district to underlying district. A person
with suitable interest in property depicted within the Senior Citizen
Overlay District as indicated on the Zoning Map may make application
to the Combined Planning Board for development approval under the
regulations for either the underlying or overlaying district.
C. Use regulations. Any use in the Senior Citizen District shall be
limited in residency to those persons over the age of 55 in accordance
with the purpose of this district. A building may be erected or used,
and a lot may be used or occupied, for any of the following purposes,
and no other:
(1) Single-family detached dwellings.
(2) Single-family attached dwellings.
(3) Community residences for up to 15 developmentally disabled persons;
community shelters for victims of domestic violence and community
residences for persons with head injuries, serving not more than six
persons, pursuant to N.J.S.A. 40:55D-66.1.
(4) The following uses when authorized by the combined Planning Board as a conditional use, pursuant to §
72-408:
(a)
Community shelters for victims of domestic violence and community residences for persons with head injuries, serving more than six persons and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.1, in accordance with the provisions of §
72-711I.
(b)
Major home occupations, as accessory uses, in accordance with the provisions of §
72-711J.
(5) Accessory uses which are customarily incidental to the residential
use of a lot, including, but not limited to:
(a)
Private garages, pools, gazebos, and similar accessory structures.
(b)
Minor home occupations in accordance with the standards below
and engaged in by members of the immediate family;
[1]
The use shall not occupy more than 500 square feet, nor more
than 20% of the gross floor area (GFA) of the detached dwelling, whichever
is less, excluding the area of garages, unfinished portions of basements
and the attics in the calculation of gross floor area.
[2]
The area of the use shall not contain any kitchen or bathroom
facilities which are separate from the remainder of the detached dwelling
unit.
[3]
The area shall have only typical office equipment, e.g., computers,
telefax machines, telephones and copying machines and other equipment
customarily used in the occupation, e.g., woodworking equipment, sewing
machines, etc.
[4]
In no case shall any noise from equipment used in a home occupation
be audible beyond the property line.
[5]
No supplies or furnishings shall be permitted other than typical
office-type supplies and furnishings.
[6]
No evidence of the area used for the home occupation shall be
shown to the outside of the dwelling unit, and no area used for a
home occupation shall be constructed, used, or maintained in any manner
that detracts from the residential character of the immediate neighborhood.
[7]
No persons shall be permitted on the property regarding the
use other than people making deliveries or service calls as otherwise
might occur on the property regarding the dwelling units.
[8]
Signs indicating the presence of a home occupation are prohibited.
[9]
Babysitting or child-care services for less than three children
under 13 years of age are permitted without additional approvals.
Providers of child-care and/or babysitting services for three to five
children below 13 years of age must be registered as a family day-care
home with the New Jersey Division of Youth and Family Services. (See
the definition of "family day-care home" for exclusions of family
members and cooperative arrangements from the count of children served.)
(d)
The renting of not more than one room in a single-family dwelling
to not more than two tenants, but not to include a boardinghouse.
(e)
Other accessory uses customarily permitted in single-family
residential districts.
(6) Required use. A minimum of 20% of all units marketed as for-sale
dwellings and a minimum of 15% of all units marketed as rental dwellings
shall be affordable to low- and moderate-income households as defined
herein.
D. Area, yard, height, and coverage regulations.
(1) Single-family detached dwellings.
(a)
Minimum lot area: 6,000 square feet.
(b)
Minimum lot frontage and width: 40 feet.
(c)
Yards. Front, side and rear yards shall be provided on each
lot as follows:
[1]
Front yard: one yard, not less than 17 feet in depth, but in
no case less than the shortest front yard on the same side of the
street in the block in which the lot is located, provided that no
front yard greater than 40 feet shall be required.
[2]
Side yards: two yards, not less than eight feet in aggregate
width, and neither less than three feet, provided that, in the case
of a corner lot, any yard which abuts a street shall be not less than
17 feet in width.
[3]
Rear yard: there shall be a rear yard on each lot which shall be not less than 15 feet in depth, except as provided in §
72-711M.
(2) Single-family attached dwellings.
(a)
Minimum tract area: two acres.
(b)
Minimum tract frontage: 200 feet.
(c)
Maximum density: seven units per acre.
(d)
Maximum building area: 25% of total lot area.
(e)
Maximum impervious surface coverage: 50%.
(f)
Building setbacks and distances. The following setback of any
building from property lines and minimum distances between buildings
in a multiple-building development shall be maintained:
[1]
Building setback from a street line: 17 feet.
[2]
Minimum distances between buildings: 25 feet.
(g)
Minimum setbacks for parking areas:
[1]
From a dwelling: excepting private garages and driveways thereto,
10 feet.
[2]
No parking area, excepting private garages and driveways thereto,
shall be located between a building and a street existing at the effective
date of this amendment.
(h)
Minimum dwelling width: 18 feet.
(i)
Maximum number of dwelling units in one building: four units.
(j)
Additional area and yard requirements for units marketed on
a fee-simple basis:
[1]
Minimum lot size: 1,200 square feet.
[2]
Minimum lot frontage and width: 18 feet.
(3) Height. No building shall exceed 35 feet in height.
E. Additional planning and submission requirements for the Senior Citizen
Overlay District.
(1) Neighborhood context plan. In addition to the submission requirements for subdivision or site plan approval pursuant to Article
V of this chapter, an applicant shall submit a neighborhood context plan at a scale no less than one inch equals 100 feet that indicates all buildings and their location on lots within 200 feet in relation to the subject tract.
(2) Photographs. A linear photographic montage shall be made indicating,
from street view, the principal facades of all buildings facing the
subject tract.
(3) Any proposed development within the Senior Citizen Overlay District shall utilize the information in §
72-706E(1) and
(2) as a guide to determine the general appearance, size, architectural style and period, and exterior building materials of any new buildings. New buildings shall be designed and erected to maintain the general appearance of the surrounding buildings with regard to such architectural style and period, size, height and exterior building materials.
(4) When determining the architectural style, period, area dimensions,
height, fenestration, exterior materials, etc., of a new building,
the Combined Planning Board shall recognize modern materials which
are intended to replace older patterns of wood and/or obsolete building
materials, either no longer in existence or no longer practical for
use in modern construction.
(5) In establishing architectural period, general appearance, required
setbacks, and height and bulk of a proposed structure, the Combined
Planning Board may retain the services of qualified registered architects
to assist in evaluating the existing and proposed architectural character.
[Added 11-30-2017 by Ord.
No. 2017-12]
A. Purpose. The Mantua Avenue Overlay District is intended to allow
the continuation of single family detached uses as allowed in the
R - Residence District but to also allow for the conversion and expansion
of those dwellings for limited commercial use.
B. Use regulations. A lot may be used for the following purposes in
addition to the uses permitted in the underlying zoning district:
(1)
Any principal permitted use in §
72-707, Professional Office District, excepting financial institutions and medical offices.
(2)
Any principal permitted personal service use listed in §
72-708B(2).
(3)
Conditional uses. The following conditional uses when authorized by the Combined Planning Board in accordance with the procedures of §
72-408:
(a)
Child care center, in accordance with the provisions of §
72-711H.
(b)
Bed-and-breakfast accommodation, subject to the following criteria:
[1] The minimum lot size shall be 11,250 square feet.
[2] No more than six guest rooms or suites shall be
permitted.
[3] Off-street parking equal to one for each guest
room or suite shall be required.
[4] Only guests of the facility shall be served food
and drink on the premises.
[5] No cooking facilities shall be permitted in guest
rooms or suites.
[6] There shall be a maximum residency limitation on
all guests of 30 days.
C. Area, yard, height and coverage regulations.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 50 feet at any point on the lot.
(3)
Maximum building area: 25% of total lot area.
(4)
Maximum impervious coverage:
(a)
On a lot of less than 10,000 square feet: 80% of total lot area.
(b)
On a lot of 10,000 square feet or greater but less than 20,000
square feet: 75% of total lot area.
(c)
On a lot of 20,000 square feet or greater: 70% of total lot
area.
(5)
Yards: Front, side, and rear yards shall be provided on each
lot as follows:
(a)
Front yard: One yard, not less than 17 feet in depth. Where
the lot is a corner lot and has frontage on two public streets, the
yard depth on the longest frontage may be reduced to 12 feet.
(b)
Side yards:
[1] On a lot with frontage of 50 feet or less: five
feet each yard.
[2] On a lot with frontage of greater than 50 feet
to 75 feet: 7 1/2 feet each yard.
[3] On a lot with frontage greater than 75 feet: 10
feet each yard.
(c)
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 residence district on the rear lot line, each such rear yard shall
be not less than 25 feet in depth.
(6)
Height. No building shall exceed 35 feet in height, except that
additions to existing buildings may match the existing height of the
structure.
(7)
Maximum building size (excluding basement floor area):
(a)
On a lot of less than 10,000 square feet: 4,500 square feet
of floor area.
(b)
On a lot of 10,000 square feet or greater but less than 20,000
square feet: 6,500 square feet of floor area.
(c)
On a lot of 20,000 square feet or greater but less than one
acre: 10,000 square feet of floor area.
(d)
On a lot one acre or greater: 20,000 square feet of floor area.
(8)
Parking area setbacks. No parking or loading area shall be permitted
in the front yard and shall be set back from the side or rear property
line a distance equal to or greater than its required side yard. Parking
lot areas shall be buffered by landscaping which shall be supplemented
with fencing when the Combined Planning Board determines that the
particular circumstances necessitate additional visual blocking. The
edge of parking areas visible from a public street shall be planted
with shrubs with a minimum installation height of 30 inches and shall
be maintained at a height of 36 to 42 inches. Other buffer areas shall
be installed with material with a preponderance of plants that are
a minimum of five feet in height.
D. Additional planning and submission requirements for the Mantua Avenue
Overlay District.
(1)
Record plan of existing conditions. In addition to the plan submission requirements pursuant to Article
V of this chapter, a Record Plan of existing conditions for any development within the Commercial district shall be submitted to and approved by the Combined Planning Board prior to:
(a)
The issuance of a demolition permit for any structure or building
on a lot; or
(b)
The approval of a site plan or subdivision for the subject lot.
(2)
A record plan shall consist of:
(a)
A survey, at an appropriate scale, showing accurately and with
complete dimensioning, the boundaries of the site and the location
of all buildings, structures, uses, parking areas, vegetation, utilities,
lighting and other principal features of the subject parcel or lot;
and
(b)
An architectural record of the existing structures on the site,
including, at a minimum:
[1] Photographs which show all facades of the building
or buildings and any pertinent architectural details.
[2] A copy of the County Assessor's record card of
the property.
[3] A letter of opinion submitted by a qualified architect,
registered in the State of New Jersey, stating the historical period
and building style of the existing building.
(3)
Neighborhood context to be maintained.
(a)
Proposed new structures and buildings.
[1] When any new structure is proposed to be erected
within the Mantua Avenue Overlay District, the current structure or
previously existing structure (as documented in the Record Plan) in
the case of a vacant lot, will be utilized as a guide to determine
the general appearance, size, architectural style and period, and
exterior building materials of the new structure. In the event the
existing or previous buildings on the site are not contributors to
the character of the surrounding district, the new structure shall
be designed and erected to maintain the general appearance of the
surrounding buildings with regard to architectural style and period,
size, height, and exterior building materials.
[2] Where a new structure is proposed and no previous
building existed the new structure shall be designed and erected to
maintain the general appearance of the surrounding buildings with
regard to architectural style and period, size, height, and exterior
building materials.
(b)
Existing structures and buildings. When an existing building
is proposed to be repaired, altered by expansion, or reduced in size,
or new exterior materials are proposed, the existing general appearance
shall be maintained.
(4)
When determining the architectural style, period, area dimensions,
height, fenestration, exterior materials, etc., of a new building,
the Combined Planning Board shall recognize modern materials which
are intended to replace older patterns of wood and/or obsolete building
materials, either no longer in existence or no longer practical for
use in modern construction.
(5)
In establishing architectural period, general appearance, required
setbacks, and height and bulk of a proposed structure, the Combined
Planning Board may retain the services of qualified registered architects
to assist in evaluating the existing and proposed architectural character.
(6)
Cross-access easement. Where appropriate, an agreement providing
for cross-access for pedestrians and vehicles between adjacent lots
shall be provided to reduce the amount of traffic on adjacent roads.
The easement may be established between lots at one time or over a
period of time depending on circumstances. The cross-access easement
shall be recorded with the County Recording Officer as deeds of easements
or shall be placed on final plats for such recording, as appropriate.
[Amended by Ord. No. O-98-3; Ord. No. O-98-7; Ord, No. 2008-21;
Ord. No. 2012-4; Ord. No. 2001-10; Ord. No. 2002-5. Additional amendments
noted where applicable.]
A. Nonconforming buildings and uses.
(1) Continuation. Any lawful nonconforming use or structure existing
at the time of the passage of this chapter may be continued upon the
lot or in the structure so occupied and any such structure may be
restored or repaired in the event of partial destruction thereof.
Where, in the opinion of the Zoning Enforcement Officer, a nonconforming
use or structure was not in existence at the time of the passage of
this chapter, the owner and/or occupier of said nonconforming use
or structure, shall be so noticed by the Zoning Enforcement Officer
to cease and desist such use and/or occupation. A purchaser or prospective
user/occupier of a property thought to be lawfully nonconforming because
of its preexisting nature, may apply to the Planning Board for a finding
that such a preexisting structure or use does lawfully exist, prior
to the prospective purchaser and/or user/occupier taking possession
or making use of the property. Any purchaser and/or user/occupier
of a nonconforming use or structure who takes possession, or makes
use of, such a property or use without the Planning Board having first
determined that the nonconforming use or structure is lawful, takes
such possession or makes such use at their own risk.
(2) Expansion. Any expansion of a nonconforming use may be permitted
only by application to and approval from the Combined Planning Board
pursuant to N.J.S.A. 40:55D-70d.
(3) Change of nonconforming use. A nonconforming use of a structure or
land may be changed to a permitted use in the district in which the
nonconformity is located. Whenever a nonconforming use of a structure
or land has been changed to a permitted use in that district, the
use shall not thereafter revert to a nonconforming use.
(4) Restoration. A nonconforming structure that is substantially or totally
destroyed by fire, explosion, flood, wind, or other phenomenon, or
legally condemned, whether by accident or design, shall not thereafter
be reconstructed or a nonconforming use continued. A nonconforming
structure partially destroyed may be reconstructed and used for a
nonconforming use provided that the reconstructed structure shall
not exceed in height, area, and volume the structure so destroyed
or condemned and provided that the reconstruction of the structure
shall commence within one year from the date the building was destroyed
or condemned.
(5) Abandonment. In the event that a nonconforming use of a structure
or land ceases with intent to abandon for a continuous period of one
year or more, the subsequent use of said structure or land shall be
in conformance with the provisions of this chapter.
B. Prohibited uses. 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, 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 understood that any use not so permitted
in this chapter is prohibited, the following uses are specifically
prohibited:
(1) Any use that:
(a)
Constitutes a public nuisance beyond the boundary of the site
on which the use is located by reason of dissemination of noxious;
toxic or corrosive fumes, smoke, odor or dusts;
(b)
Results in noise or vibration exceeding the average intensity
of noise or vibration occurring from other causes at the boundary
line of the site on which the use is located;
(c)
Endangers surrounding areas by reason of fire or explosion;
(d)
Produces objectionable heat or glare;
(e)
Results in electrical disturbances in nearby residences;
(f)
Significantly contributes to the pollution of land, air, or
waters;
(g)
Creates an objectionable traffic condition on the street or
in an adjacent area;
(h)
Creates 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.
(2) Trailer camps, tourist cabin courts, and or automobile courts shall
not be permitted in any districts.
(3) No lot or premises within the Borough shall be used as a junk yard,
automobile wrecking yard or yard for the storage or sale of used materials.
(4) The commercial excavation or sale of gravel or topsoil from any premises
in the Borough is prohibited.
(5) All
classes of cannabis establishments as said terms are defined in Section
3 of P.L. 2021, c. 16, (but not the delivery of cannabis items and
related supplies by a delivery service which is located in another
municipality).
[Added 6-24-2021 by Ord. No. 2021-10]
C. Reduction of lot. No lot shall be so reduced that the area of the
lot or the dimensions of the open spaces shall be smaller than herein
prescribed.
D. Vision obstruction. On any corner lot, no wall, sign, fence or other
stricter shall be erected or altered and no hedge, tree, shrub or
other growth shall be maintained which may cause danger to traffic
on a street or public road by obscuring tile view.
E. Loading and unloading space. 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.
F. Conversion of dwelling to two family use. The Combined Planning Board
may authorize as a conditional use the conversion of any dwelling
when existing at the effective date of this chapter into a dwelling
for the use of not more than two families, subject to the following
requirements:
(1) The yards, building area and parking spaces shall not be reduced
to less than the requirements of the district in which located.
(2) The lot area per dwelling unit shall be no less than 5,500 square
feet.
(3) Not more than one family unit per floor shall be authorized, and
a floor area of not less than 600 square feet shall be provided for
each family unit.
(4) No structural alteration of the building exterior shall be made except
as may be necessary for purposes of sanitation or safety.
(5) The Combined Planning Board may prescribe such further conditions with respect to the conversion and use of such building as it deems appropriate, in accordance with §
72-408.
G. Private recreation club. The Combined Planning Board may authorize
a private recreation club as a conditional use where permitted, subject
to the following criteria:
(1) No such use shall be permitted on a lot less than four acres.
(2) No building shall be permitted within 50 feet of the tract perimeter.
(3) Except for driveways for ingress and egress or signs, there shall
be a minimum 25 feet wide planted buffer encompassing the entire perimeter
of the tract, unless the Combined Planning Board determines that existing
vegetation provides sufficient screening of cars and activities of
the private recreation club.
(4) The Combined Planning Board may prescribe such further conditions with respect to use of such land as it deems appropriate, in accordance with §
72-408.
H. Child care center. The Combined Planning Board may authorize a licensed
child care center as a conditional use where permitted, subject to
the following criteria:
(1) The use shall occur on a tract with a minimum area of one acre.
(2) Each lot used for this purpose shall have a minimum street frontage
and lot width of 150 feet.
(3) No structure shall be provided within 50 feet of a public street
or property line.
(4) The maximum permitted building coverage shall not exceed 20%.
(5) The maximum permitted impervious coverage shall not exceed 50%.
(6) The 25 feet closest to the property line or the public street shall
be bermed and landscaped so as to screen the use from view.
(7) The maximum height of any structure shall not exceed 35 feet.
(8) A minimum interior area per person, as required by the Child Care
Center Licensing Law, N.J.S.A. 30:5B-1 et seq., as amended, must be
provided for the day-care use on the first floor, exclusive of hallways,
closets, bathrooms, kitchens, and related areas.
(9) A minimum outdoor play or recreation area per person, as required
by the Child Care Center Licensing Law, N.J.S.A. 30:5B-1 et seq.,
as amended, must be provided within a fenced area located within the
rear or side yard area.
(10)
The use must be licensed by appropriate state and local officials.
(11)
Care may not be provided for more than 18 hours within any one
day.
(12)
Off-street parking shall be provided as required by Subsection
J, below.
I. Community shelters for victims of domestic violence and community
residences for persons with head injuries, 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
Wenonah Borough (including the community residence or shelter under
consideration) will not exceed 0.5% of the Borough's total population.
(3) There is sufficient off-street parking as required by Subsection
J, below.
(4) It can be shown that the site location, existing development pattern
of the area, traffic circulation and pedestrian mobility and safety
are suitable for the establishment of a community residence or shelter.
(5) Details are submitted concerning all life safety and emergency facilities
and equipment to be provided within the building.
(6) A community residence or shelter shall have twenty-four hour on-site
supervision and security.
J. Major home occupations. The Combined Planning Board may authorize
a major home occupation as a conditional use where permitted, subject
to the following criteria:
(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. The
retail or wholesale sale of goods is prohibited.
(3) The residential exterior appearance of the structure shall not be
altered.
(4) The use shall not occupy more than 500 square feet, nor more than
20% of the gross floor area (GFA) of the dwelling, whichever is less,
excluding the area of garages, unfinished portions of basements and
attics in the calculation of gross floor area.
(5) The area shall have only typical office equipment, e.g., computers,
telefax machines, telephones and copying machines and other equipment
customarily used in the occupation, e.g., woodworking equipment, sewing
machines, etc.
(6) In no case shall any noise from equipment used in a home occupation
be audible beyond the property line.
(7) 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. Parking lot design criteria is waived
for this use.
(8) No more than one vehicle or piece of movable equipment, used exclusively
for the home occupation (other than vehicles primarily for personal
use), shall be permitted per dwelling unit, provided that no such
vehicle, equipment, trailer, etc., is in excess of 5,000 pounds vehicle
weight and further provided that off-street parking must be provided
for any such vehicles, equipment, trailer, etc.
(9) There shall be no outdoor storage or display of materials, products
or equipment.
(10)
No evidence of the area used for the home occupation shall be
shown to the outside of the dwelling unit, and no area used for a
home occupation shall be constructed, used, or maintained in any manner
that detracts from the residential character of the immediate neighborhood.
(11)
No odors, noise, excessive lighting, glare, vibration, smoke,
electrical telecommunications or other airway interference, or any
other nuisance resulting from a home occupation, shall be permitted.
(12)
No chemicals, explosives, biological agents, or hazardous materials
of any type, shall be permitted either indoors or outdoors on any
residential property, premises or dwelling as part of a home occupation.
(13)
A sealed survey of the subject property must be submitted to
demonstrate the use of the property and the adequacy of the parking
provided.
(14)
The combined Planning Board may prescribe such further conditions with respect to use of such land as it deems appropriate, in accordance with §
72-408.
K. Off-street parking. Off-street parking facilities shall be provided
in all districts for the parking of motor vehicles of occupants, employees
and patrons of the buildings hereafter erected or converted, in accordance
with the requirements listed below and with the approval of the Borough
Engineer and Planning Board. Handicapped accessible parking spaces
shall be provided in accordance with the standards promulgated by
the Americans with Disabilities Act (ADA) and with the approval of
the Borough Engineer and Planning Board. Parking facilities existing
at the effective date of this chapter, or provided in compliance with
the Ordinance, shall not subsequently be reduced below the requirements
of this chapter.
(1) Parking space requirements. Parking spaces shall be provided as follows:
(a)
Single-family detached or attached dwelling: two spaces per
dwelling unit.
(b)
Multi-family dwelling or apartment unit: 1.5 spaces per unit.
(c)
Senior citizen residential unit: one space per unit.
(d)
Restaurant: one space for each 100 square feet of floor space
devoted to patron use.
(e)
Auditorium, church or other place of public assemblage: one
space for every four seats.
(f)
Commercial, office or recreational building or use (excepting
swimming clubs); other than those specified above: one space for each
200 square feet, or portion thereof, of gross floor area devoted to
patron or office use, or of gross recreation area.
(g)
Swimming club: 25 spaces for each 1,000 gross square feet of
swimming pool surface.
(h)
Motor vehicle service stations. Six spaces for the first lift,
bay, or work station; five spaces for the second work station; and
three spaces for each subsequent work station, but in no event less
than four spaces.
(i)
Day-care center. One space per every employee plus two spaces
per 1,000 square feet of floor area.
(j)
Each off-street parking space shall have minimum dimensions
of not less than nine by 18 feet and, in addition, appropriate driveways,
aisles and maneuvering spaces shall be provided which shall be adequate
to permit safe and convenient use of the area for parking purposes.
(2) Location. The off-street parking facilities required for all dwellings
shall be on the same lot or parcel of land as the building they are
intended to serve, and shall be to the rear of the required front
yard.
(3) Collective use of off-street parking. Nothing in this section shall
be construed to prevent collective provision of off-street parking
facilities for two or more buildings or uses, provided that the total
of such off-street parking facilities provided collectively shall
not be less than the sum of the requirements for the various individual
uses computed separately; excepting that, after due consideration
of testimony and evidence, the Combined Planning Board may grant a
partial or total reduction of the summed parking demand for uses with
complementary parking needs, such as an office building and a religious
use.
(4) Surfacing and lighting. Parking areas shall be graded to provide
convenient vehicular access and proper drainage, and shall be paved
with a hard material or otherwise treated to prevent dust or other
loose cover from becoming a nuisance or a hazard. All parking, access
or other vehicular service areas shall be adequately illuminated during
night hours of use. Such lighting shall be arranged so as to protect
roadway users and adjoining property owners from direct glare or hazardous
interference of any kind.
L. Front yard reduction requirement for nonresidential uses. Notwithstanding
any other provision in this chapter to the contrary, any new building
constructed for nonresidential uses shall be required to align its
front building line with the alignment of the building lines established
by the existing buildings on each side of the new building. In the
event that the front yards of buildings on either side of the proposed
building are not of equal depth, the front yard with the lesser depth
shall be the controlling one.
M. Yard exceptions for accessory uses. A private garage or other accessory
building which is not an integral structural part of a main building
may be located in the required side and/or rear yard but not less
than five feet from any property line, provided that such garage is
situated not less than 10 feet farther back from the street line than
the rearmost portion of the main building. The provisions of this
section shall not apply to a side yard or rear yard which abuts a
street. The erection of a common or joint garage which is not an integral
structural part of a main building on adjoining lot is prohibited.
(1) A maximum of two accessory buildings or structures are permitted
per lot in the R, LR and LMR Districts. One such structure shall not
exceed 600 square feet in area and a second structure may not exceed
150 square feet in area. Any accessory building or structure shall
not exceed the height of 24 feet measured from the ground elevation
to the peak of the roof.
(2) Accessory structures or buildings shall not be located in the front
yard.
(3) Accessory structures or buildings shall be set back a minimum of
five feet from all property lines.
(4) Pools and pool filtration equipment shall be set back a minimum of
five feet from any property line.
(5) No accessory building or structure may be located on a parcel not
containing a principal use.
N. Signs. Any sign hereafter erected or maintained shall conform to
the provisions of this section and any other ordinance or regulations
of the Borough:
(1) Use and location regulations. The following types of signs, and no
other, shall be permitted:
(b)
Professional name signs indicating the name, profession or activity
of the occupant of a dwelling, and trespassing signs, or signs indicating
the private nature of a driveway or premises, provided that the size
of any such sign shall not exceed nine by 18 inches;
(c)
Identification signs for schools, churches, hospitals or similar
institutions, and for clubs, lodges, farms, estates or similar uses,
provided that the area on one side of any such sign shall not exceed
nine square feet;
(d)
Real estate signs, including signs advertising the sale or rental
of premises, provided the area on one side of any such sign shall
not exceed nine square feet, and provided further that only one such
sign shall be erected on each street frontage on which the lot abuts.
Signs indicating the location and direction of premises in the process
of development may be erected when authorized by the combined Planning
Board, provided the area on one side of any such sign shall not exceed
50 square feet. Off-premise signs indicating the location and direction
of properties for sale shall not exceed three square feet in area
on one side, and shall be limited to one such sign per off-premise
property;
(e)
Temporary signs of contractors, architects, mechanics and artisans,
provided that the size on one side of such sign shall not exceed nine
square feet and such signs are removed promptly upon completion of
the work;
(f)
Business signs in Commercial districts only, provided that a)
such signs, except directional signs, are placed on the building in
which the use to which the sign relates is conducted, and b) the total
area of all such signs placed on, or facing any one street frontage
of any one building, shall not exceed 10% of the overall surface of
the wall facing such frontage, or 30 square feet, whichever is less.
Freestanding signs and projecting signs (i.e., mounted more than 12
inches off of a wall) are prohibited. The area on one side of a directional
sign shall not exceed four square feet. No more than one directional
sign shall be used on each premise on which a commercial building
exists.
(g)
Business signs in Professional Office districts shall be limited
to one per premise not to exceed nine square feet.
(h)
Political signs associated with an election, referendum, or
plebiscite, provided that such signs are on private property, are
not erected more than 45 days prior to the election date on which
the election, referendum or plebiscite is to be held, and are removed
within five days of said election date. Only one political sign per
candidate(s) may appear on any one property at any one time, except
with regard to a corner lot, in which case no more than one political
sign per candidate(s) may appear on each side of a property when facing
a street. No political sign shall exceed nine square feet.
(i)
Residential yard signs located at any place of residence or
in a Residential district shall not exceed nine square feet in area
on one side, and shall be limited to three signs per residential dwelling
or building.
(2) General sign regulations. The following restrictions shall apply
to all permitted sign uses:
(a)
No sign shall be placed in such a position that it will cause
danger to traffic on a street by obscuring the view of a motorist
or pedestrian;
(b)
No sign other than official traffic or other signs having a
governmental purpose shall be erected within the lines of any street
or on public property unless specifically authorized by other ordinances
or regulations of the Borough. Any sign installed or placed on public
property, except in conformance with the requirements of this section,
shall be subject to confiscation, and the Borough shall have the right
to receive from the owner or person placing such sign on such sign
on such public property, the full costs of removal and disposal of
such sign;
(c)
No sign shall be of a flashing, moving, rotating, oscillating
or similar type or be designed to distract the attention of motorists,
and only while light shall be permitted. No professional or name sign
in residence districts shall be illuminated with floodlights;
(d)
No sign shall project over a public sidewalk;
(e)
No sign shall be erected containing a message that states or
implies that a property may be used for a purpose not permitted in
the zoning district in which said sign is located;
(f)
In addition to the other requirements of this section, every
sign referred to in this section must be constructed of durable materials,
must be securely anchored and fixed and be kept in good condition
and repair, and shall not be allowed to become dilapidated.
(g)
No sign shall be located or erected in the Clear Zone as defined in §
56-3B or within any sight triangle.
O. Wireless communications antennas. Any applicant for the placement
and erection of a wireless communications antenna on the Borough Water
tank shall indicate why such antenna(s) are specifically required
in the Borough of Wenonah given the Borough's small size and the availability
of wireless communications antenna location outside and around the
Borough of Wenonah and, further, shall indicate how its application
specifically relates to and is coordinated with the needs of other
providers of wireless communication services within and around the
Borough. In addition, any such application shall also include, but
not be limited to, the following:
(1) Compliance with §§
72-406 through
72-407,
72-501 through
72-502,
72-503A and
B,
72-504 and
72-509 herein, as well as the submission of such other information as the Combined Planning Board deems necessary for the promotion of the public health, safety and general welfare of Borough residents.
(2) How the proposed antenna(s) specifically relate to the suitability
or unsuitability of the existing water tank structure to be utilized
to provide the intended wireless communications.
(3) How the proposed antenna(s) specifically relate to the anticipated
need for additional antennas within and near the Borough of Wenonah
by the applicant and by other providers of wireless communication
services within the Borough.
(4) Whether the proposed antenna(s) specifically relate to and accommodate
the objective of co-locating the antenna of different providers of
wireless communication services on a single supporting structure
(5) How the proposed antenna(s), if located on the existing water tank
structure, will relate to and achieve the objective of providing full
wireless communication services within the Borough of Wenonah, and
whether or not reasonable wireless communication services are already
being provided to the residents of the Borough of Wenonah without
the need for additional antenna(s).
(6) Written evidence of a lease entered into by and between the applicant
and the Borough Council, or evidence that a lease bid package has
been received by the applicant from the Borough Council. Any approval
by the Planning Board of an application for cellular antenna(s) as
contained in this section shall be conditioned on the applicant obtaining
a lease from the Borough as to the applicant's use of the water tank
facility for said antenna(s).
(7) Evidence submitted to the reasonable satisfaction of the Planning
Board, and the Board shall make specific findings thereon, in any
approval so granted, that no alternative technology can accommodate
the applicant's proposed antenna either within or without the Borough
of Wenonah. In submitting its evidence, the applicant must demonstrate
that an alternative technology that does not require the use of towers
or structures, such as cable microcell network using multiple low-powered
transmitters/receivers attached to a wireline system, is unsuitable.
Costs of alternative technology that exceed new antenna development
shall not be presumed to render the technology unsuitable.
(8) Evidence submitted to the reasonable satisfaction of the Board that
the proposed antenna(s) would not cause electromagnetic interference
with the antenna(s) already existing on the water tank structure,
or that the antenna(s) already existing on the water tank structure
would not cause interference with the applicant proposed antenna(s).
(9) In addition, the following conditions and requirements shall apply
to any approvals granted:
(a)
All required electronic equipment for any approved antenna(s)
to be located on the subject site, if required to be housed, sheltered
or enclosed, shall be housed, sheltered or enclosed within a building
which is no greater than 12 feet in height, and which building shall
not exceed 250 square feet, and which shall be designed with a residential
or office character appearance so as not to detract from the historic
character of Wenonah, and must satisfy the minimum zoning district
setback requirements for the zoning district in which the building
lies.
(b)
The building, structure or other facility containing associated
electronic equipment for the proposed antenna, along with all existing
buildings or structures on the lot on which the water tank structure
is located, shall not, together, exceed 50% of the total lot area.
(c)
The proposed antenna(s) shall be installed and operated on the
platform or railing located on top of the water tank structure to
the extent possible. There shall be no cable trays, brackets, or other
antenna equipment or materials, including the antennas themselves,
attached to the outside of the water tank or supporting structure
unless it can be proven to the satisfaction of the Planning Board's
Engineer and the Borough Engineer that such attachments can be accomplished
without damaging the structural integrity of the water tank or its
supporting structure. Any antenna or other related equipment attached
to the water tank or its supporting structure shall be painted the
same color as the water tank/supporting structure, and it shall be
affixed to the same in such a way as to minimize its visual impact
upon the surrounding area.
(d)
No lighting shall be permitted to accompany a proposed antenna(s)
or associated buildings, structures or facilities housing equipment
related thereto, unless specifically required by the Planning Board
for safety reasons, and then such required lighting shall be focused
and shielded to the greatest extent possible so as not to project
towards adjacent and nearby properties.
(e)
No signage shall be permitted, unless "warning" and/or equipment
information signs are necessary for safety purposes and are specifically
approved or requested by the Planning Board.
(f)
A landscape design plan shall be submitted by the applicant
designating an effective landscape screen using evergreen plants of
at least eight feet in height, or such other landscape materials as
are approved by the Planning Board of sufficient density to the maximum
extent reasonably possible to enhance the appearance of the buildings,
structures or facilities housing equipment relate to the placement
of the requested antenna(s), and to shield them from the surrounding
and adjacent residential properties or streets. The landscape design
plan shall also include any fencing required by the Planning Board
for the safety and security of any proposed buildings, structures
or facilities associated with the requested antenna(s).
(g)
Documentation by a qualified expert(s), subject to review by
the Borough Engineer, that the existing water tank structure has sufficient
structural integrity to support the proposed antennas(s), and that
the safety hazards resulting from ice falling from the structure and
the antennas(s) have been adequately mitigated.
(h)
Evidence from an independent expert(s) that all equipment will
comply with the then-current Federal Communications Commission (FCC)
and the New Jersey Department of Environmental Protection (NJDEP)
rules and regulations, including that radio frequency (RF) emissions
will be within the FCC and NJDEP guidelines. Any approval shall contain
a condition that the applicant shall provide a further report to the
Borough Engineer from an independent expert that the RF emissions
are within the FCC and NJDEP guidelines within 90 days after installation
and initial operation/use, and a quarterly report shall be issued
to the governing body thereafter as to the actual RF emission levels
being experienced, and that upon any change in the FCC and/or NJDEP
guidelines or regulations governing same, the applicant shall within
120 days of such change, provide a report to the Borough Engineer
from an independent expert that the RF emissions are within the revised
FCC and/or NJDEP guidelines or regulations.
(i)
In addition to it normal professional staff and given the technical
and specialized nature of the testimony by the applicant's radio frequency
expert(s), the Planning Board reserves the right to hire its own radio
frequency expert to review and comment upon the testimony presented
by the applicant, which costs shall be borne by the applicant as part
of its escrow assessment. Additionally, based upon other testimony
presented by the applicant, the Planning Board may hire such other
experts with specialized areas of expertise if deemed necessary, and
the reasonable costs of such additional experts shall be borne by
the applicant.
(j)
Any wireless communications antenna and/or associated buildings,
structures or facilities, not used for its intended and approved purpose
for a period of six months or longer, shall be considered no longer
operative and shall be removed by the responsible party within 60
days thereof.
P. Fences.
(1) Purpose. The purpose of this section shall be to regulate the installation,
construction, and maintenance of fences within the Borough of Wenonah
and to provide conditions and restrictions thereon.
(2) General regulations.
(a)
No fences shall be erected within the Borough without the owner
of the premises or his/her representative making application for a
permit for same.
(b)
Application for such fences shall be made, in writing, to the
Zoning Official and Construction Official and shall set forth the
following information:
[1]
The owner and the address of the premises where the fence is
to be erected.
[2]
A description and specifications of the fence, including size,
height, dimensions, material, size and percentage of openings.
[3]
A detailed scale plot plan showing all building locations and
proposed location of fence on the applicant's premises and the property
lines.
[4]
If deemed necessary by the Zoning Officer or Construction Code
Official, a certified plot plan or survey of the premises in question
shall be submitted which shall show abutting streets and the nearest
intersection and shall approximately indicate the location of structures
within 10 feet of the fence. The Zoning Officer or Construction Code
Official shall have the right to refer review to the Combined Planning
Board when, in the view of the official, the unique nature or characteristic
of the property or fence in question, requires a further interpretation
of the regulations herein.
(c)
No fence shall be designed or constructed in such a manner that
it may impede, injure or obstruct the performance of health and/or
safety personnel, or any other person, be they governmental or private,
who might on occasion be lawfully on said property.
(d)
Any existing deed restrictions upon a property which requires
stricter regulation of a fence situated thereon, than is set forth
herein, shall not be superseded by this section.
(e)
These fence regulations shall not apply to the erection of an
open wire fence, otherwise known as a chain-link fence, on publicly
owned property such as. But not limited to, a park, playground or
school premises, if the need for such a fence for such uses as athletic
fields is demonstrated to, and approved by, the Construction Code
Official.
(f)
The following fences and fencing materials are permitted: wood, vinyl over wood, aluminum, facing brick (but not masonry block), shrubbery, wrought iron (but not pointed), stone, natural shrubbery, etc. The following fences and fencing materials are specifically prohibited: barbed-wire fences, short pointed fences, canvas, cloth or electrically charged fences, poultry netting or so-called turkey or chicken wire fences, and open wire or chain-link fences (except as provided for in subsection
E. immediately above). Temporary fences (such as snow fences, collapsible fences, or plastic fences normally used for soil erosion control, are prohibited except during construction on such property. All such temporary fences must be approved by the Construction Code official prior to and during erection for safety purposes.
(g)
Fences which are painted shall be painted in only one color
so as to be harmonious with the surrounding area. Multicolored fences
are prohibited unless relief is granted by way of variance application
to the Combined Planning Board.
(h)
All fences shall be erected with the face or finished side facing
toward the property line and away from any residences or structures
on the property, with the unfinished or structural side facing toward
the interior of the property, including any structures thereon. Fence
gates shall have a latch and shall open into the property and not
onto the sidewalk, street or other adjacent property.
(i)
Fences shall be erected in a manner such as to permit the flow
of natural drainage and shall not cause surface water to be blocked
or dammed to create puddling.
(j)
Fences shall not be erected on a property line without the approval
of the adjacent property owner submitted in writing with the application
for a fence permit, and in no event shall any fence extend beyond
a property line.
(k)
In the construction Code Official, or the Zoning Enforcement
Official, upon inspection, determines that any fence or wall or portion
of any fence or wall is not being maintained in a safe, sound, upright
condition, he shall notify the owner of such fence, in writing, of
his findings and state briefly the reasons for such finding, and order
such fence or wall, or portion of such fence or wall, repaired or
removed within 30 days of the date of the written notice. If such
an official determines that a fence or wall, or any portion thereof,
creates an immediate hazard to the health, safety or welfare of the
general public, or to the owners of property on which such fence or
wall is located, then said official shall immediately notify said
property owners to repair, replace or remove such hazard within a
time-frame commensurate with the nature of the risks to safety posed
therein. Each day a person fails to obey any such order as is referenced
immediately herein shall constitute a separate violation of this order.
Whenever such official determines that an immediate hazard exists
and contact with the property owner cannot be made, said official
shall cause to have the hazard or dancer remediated immediately, with
the property owners being responsible for all reasonable costs associated
with the same.
(l)
Living fences shall be maintained in a neatly trimmed condition
and shall not exceed the permitted height set forth herein. No living
fence shall be erected which will exceed any setbacks, cause damage
to the foundations of any structure, encroach upon an adjacent property,
or is of a species that contains any form of toxicity or emission
that could pose a health risk to the general public.
(3) Regulations for residential lots. Fences on residential lots may
be erected as hereinafter set forth:
(a)
Swimming pools. A private residential swimming pool area must
be surrounded by a fence at least four feet above grade, but no more
than six feet, and must be in accordance within all state and local
codes regarding fences around swimming pools.
(b)
Tennis courts. A tennis court area may be surrounded by a fence
with a maximum of 12 feet in height, provided that said fence may
not be located beyond that which is allowed for front yards, fences
on interior lots, and fences on corner lots as set forth below, or
be set back from any lot line by the distance required for accessory
buildings in the zoning district, whichever is greater.
(c)
Front yards. No fence shall extend beyond the front plane of
a residence or other principal structure located on a property.
(d)
Fence height. Fences six feet high or less above grade are permitted,
except as set forth for tennis courts above.
(e)
Corner lots. For corner lots, the entire rear yard area may
be fenced in, between the interior side lot line and the front lot
line of the side street. For the yard area located adjacent to the
side street, a fence shall not extend beyond the rear plane of the
residence. For the side yard area located adjacent to the interior
side lot line, the fence shall not extend beyond the front plane of
the residence.
[Amended 5-27-2021 by Ord. No. 2021-5]
[1] For corner lots, any fence extending into the front yard area adjacent
to a side street is permitted to be an opaque fence up to a maximum
height of three feet above the street grade. Furthermore, any portion
of such a fence above said height must provide no less than 50% of
clear space per fence panel, so as not obstruct clear sight distance
at the intersection. Permit applications proposing such a fence must
include evidence that the portion of the fence that exceeds a height
of three feet above street grade either meets or exceeds the 50% clear
space requirement.
[Added 9-28-2023 by Ord. No. 2023-10]
Q. Satellite dishes, radio and television antennas, ham radio/citizens
band antennas.
(1) Purpose. Satellite dishes, radio and television antennas, and ham
radio/citizen band antenna shall be located in any front yard of any
property.
(a)
Front yard. No satellite dish, radio or television antenna,
or ham radio/citizen band antenna shall be located in any front yard
of any property.
(b)
Property line setback. Satellite dishes, radio and television
antennas, and ham radio/citizens band antennas, where permitted, shall
be setback from a side or rear property line in accordance with the
setback requirements of an accessory building in the zone where situated.
These setback requirements shall apply to the antenna and/or supporting
structure itself, and not any guide wires, cables, etc., which are
used to anchor or otherwise support the antenna and key supporting
structure itself, and not any grade wires, cables, etc., which are
used to anchor or otherwise support the antenna and key supporting
structure. No antenna or any supporting structure shall be erected
or located anywhere on any premises in such a way that a neighboring
property, or a residence or other dwelling or structure thereon, will
be damaged in the event that said antenna shall fall. No antenna or
its supporting structure shall not be located on any property in any
zone where it is in such proximity to a designated children's play
area, park, school, playfield, or any other location specifically
designed to entice the public to congregate, particularly children,
thereby placing a child or adult at risk from injury in the event
that said antenna shall fall.
(c)
Roof mounting. Satellite dishes, radio and television antennas
and ham radio/citizens band antennas may be mounted upon the roof
of any building provided that they are not visible from any street,
and provided further that they meet all construction code standards.
(d)
Screening. All antennas and supporting structures, wherever
mounted or positioned, shall be suitably screened with shrubbery to
the extent possible, in order to minimize the visual impact of the
same upon neighboring properties.
(e)
Building permit required. A building permit shall be required
at a fee of $15 for the construction of any satellite dish, radio
or television antenna, or ham radio/citizens band antenna. The permit
shall be issued upon a sketch plan, and such other documentation as
the Zoning Enforcement Officer and/or the Construction Code Official
deem necessary, being submitted by the applicant, indicating that
the conditions set forth herein will be complied with and that all
applicable building codes will be met. Portable satellite dishes or
antennas which are not permanently ground mounted or affixed to a
roof, shall still require the issuance of a building permit if such
satellite dish or antenna, or any replacement of the same, is to remain
on the premises for more than 15 days.
(f)
Commercial antennae. No commercial antennae shall be constructed
anywhere within the Borough of Wenonah.
(g)
Signs. No satellite dish, radio or television antenna, or ham
radio/citizens band erected and/or utilized in the Borough of Wenonah
shall have attached to it, or any supporting structure, any signage
or lettering whatsoever.
(h)
Height restrictions. Antenna erected and utilized for the purpose
of ham radio and citizens band operations shall not exceed 65 feet
in height, to be measured from the ground at the base of either the
antenna or supporting structure, to the highest point of the antenna
or supporting structure.
(i)
Preemption. All requirements and conditions contained in this
section shall be subject to any and all applicable federal or state
laws, rulings or regulations, or rulings of any court having competent
jurisdiction, particularly 101 FCC2d 952 (1985), A/K/A PRB-1 of the
Federal Communications Commission, or any successor rule, or any deed
restrictions or covenants upon any property, which shall be contrary
to the requirements contained herein and, to the extent that such
laws, rulings, regulations or deed restrictions or covenants are contrary
to the requirements contained herein, they shall prevail as a matter
of law.
R. Solar energy systems.
[Added 9-26-2019 by Ord.
No. 2019-13]
(1) Solar energy systems shall be accessory uses to the permitted principal
and other accessory uses on a lot and shall not involve the production
of power for off-premises consumption, nor shall such a use constitute
the principal use of any lot. This prohibition shall not be interpreted
to preclude the occasional sale of excess power from a solar energy
system back to the public electric utility provider, but the systems
shall be designed to provide output for a single residential structure,
and the systems shall be designed to produce no more than 0.01 Kw
per square foot of living space as documented in the property assessment
of the structure, provided that all plans and usage shall be subject
to the approval of the Fire Marshal and the Construction Official.
For systems intended for uses other than the ones stated, or for any
commercial projects, site plan approval is required.
[Amended 12-17-2020 by Ord. No. 2020-20; 9-28-2023 by Ord. No. 2023-9]
(2) Either rooftop and building-mounted solar collectors or ground-mounted
arrays and freestanding solar collectors are permitted to be installed,
but not both.
(3) Rooftop and building-mounted solar collectors are permitted in all
zoning districts, subject to the following requirements:
(a)
Installation of rooftop and building-mounted solar collectors
shall require a zoning permit from the Zoning Officer and a building
permit from the Construction Office prior to installation.
(b)
Solar panels shall not be installed so as to be located above
the highest point of the roof surface or structure. In no event shall
the placement of solar panels or any part of the solar energy system
result in a total height greater than what is permitted in the zoning
district in which they are located for the principal building.
(c)
No part of the solar panels or solar energy system shall extend
beyond the edge of the roof.
(d)
All visible solar collector parts, including frames and support
structures, shall be black in color.
(e)
A rooftop and building-mounted solar collection system shall
be no larger than 1,200 square feet.
(g)
Rooftop solar collectors shall be contiguously connected, installed
and arranged in a manner to mimic the roof shape and design.
(h)
The location and arrangement of the rooftop solar collection
system shall be subject to zoning approval.
(i)
See Subsection
R(15) for zoning permit application requirements.
(4) Ground-mounted arrays and freestanding solar collectors are permitted
as accessory structures in all zoning districts only if roof mounting
is determined to be impractical by the property or homeowner, subject
to the following requirements:
(a)
Installation of ground-mounted arrays and freestanding solar
collectors shall require a zoning permit from the Zoning Officer and
a building permit from the Construction Office prior to installation.
(b)
Ground-mounted arrays and freestanding collectors shall be located
on properties of one acre or greater.
(c)
The total surface area of all ground-mounted and freestanding
solar collectors on the lot shall not exceed 800 square feet.
(d)
The location of the ground-mounted arrays and freestanding collectors
shall be set back a distance of 50 feet from all property lines.
(e)
Ground-mounted arrays shall not be located between the principal
building and the street and shall not be located in any minimum required
side or rear yards. All ground-mounted solar energy systems shall
be screened from view from adjacent properties and streets with a
year-round vegetative screen and/or buildings. An appropriate species
of natural buffering vegetative material that will block the view
of the solar collectors from abutting residential zones or properties
shall be provided.
(f)
Ground-mounted arrays shall not exceed six feet in height, when
oriented at maximum tilt.
[Amended 12-17-2020 by Ord. No. 2020-20]
(g)
All visible solar collector parts, including frames and support
structures, shall be black.
(h)
Ground-mounted arrays shall be excluded from the calculation
of the lot (impervious) coverage if mounted on a lawn or a vegetated
area.
(i)
Submission of a plot plan survey that shows the location of
the proposed ground-mounted array and freestanding solar collectors.
Submission of a licensed survey of the property showing one-foot contour
lines shall be required.
(j)
See Subsection
R(15) for zoning permit application requirements.
(5) Applications for a solar energy system shall include information
demonstrating compliance with the provisions of this section.
(6) To the extent reasonably possible, solar panels, regardless of whether
they are roof-mounted or ground-mounted, shall be oriented and/or
screened year-round so that glare is directed away from adjoining
properties and streets.
(7) To the extent reasonably possible, solar energy systems shall be
designed using such features as colors, materials, textures, screening
and landscaping so as to blend into their settings and avoid visual
blight.
(8) Solar energy systems shall not be used for the display of advertising.
(9) Where site plan approval is required elsewhere in this chapter for
a development or activity, the site plan review shall include review
of the adequacy, location, arrangement, size, design, and general
site compatibility of solar collectors.
(10)
All solar collector installations must be performed by a qualified
solar installer, and prior to operation the electrical connections
must be inspected by the Construction Office or other appropriate
electrical inspection agency as determined by the Borough. In addition,
any interconnection to the public utility grid must be inspected by
the appropriate public utility.
(11)
When solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New Jersey State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of Gloucester County and other applicable
laws and regulations.
(12)
Clearing of natural vegetation solely for an installation or to improve the performance of a solar energy system shall be prohibited as prescribed by applicable laws, regulations and ordinances of the Borough, including, but not limited to, Chapter
53, Shade Tree Commission, and Chapter
18 Conservation, Park and Recreation Areas, of the Code of the Borough of Wenonah.
(13)
Any ancillary buildings and any outside storage associated with
a solar energy system must, to the extent reasonably possible, use
materials, colors, textures, screening and landscaping that will blend
the facility into the natural setting and existing environment (i.e.,
in an agricultural setting accessory buildings could be designed to
look like barns). Appropriate landscaping and architecture shall be
provided to screen accessory structures from roads and adjacent residences.
(14)
The solar energy systems shall remain painted or finished in
the color black. Finishes shall be matte or nonreflective.
(15)
The application for a zoning permit shall include all of the
following documents and information which the Zoning Officer may submit
to the Planning Board for a courtesy review. The information must
demonstrate compliance with the provisions of this section. In the
event the Zoning Officer does not believe the provisions of this section
will be satisfied, an applicant may request a variance.
(a)
A zoning permit shall be required for the installation of a
solar energy system.
(b)
Structural engineering information and data for rooftop and
ground-mounted arrays from a licensed New Jersey Engineer.
(c)
The zoning permit application shall be accompanied by a plot
plan survey which includes the following:
[1]
Property lines and dimensions.
[2]
Location, dimension, and types of existing major structures
on the property.
[3]
Location, dimension, and type of the proposed solar energy system.
[4]
Orientation of the solar energy system.
[5]
The right-of-way of any public road that is contiguous with
the property.
[6]
Overhead utility lines and easements.
[7]
Proposed screening for ground-mounted systems and equipment.
[8]
Location and size of existing trees within and next to the area
of the proposed ground-mounted system, as well as any tree proposed
to be altered or removed.
(d)
Fee. The application for a zoning permit for a solar energy
system must be accompanied by the zoning permit fee.
(e)
Denial. The applicant shall have the right to appeal a denial
for a permit under this provision to the Zoning Board.
(f)
Expiration. A permit issued pursuant to this subsection shall
expire if:
[1]
The solar energy system is not installed and functioning within
24 months from the date the permit is issued; or
[2]
The energy system is out of service or otherwise unused for
a continuous twelve-month period.
(16)
Any solar energy system that has generated no electricity for
a period of 12 months shall be deemed to be abandoned and shall be
decommissioned within six months of such abandonment and subject to
the following requirements:
(a)
Decommissioning shall include the removal of the entire solar
panel array and all associated facilities and equipment connected
thereto from the premises and the cleaning and restoration of the
area to a pre-installation condition.
(b)
If said decommissioning has not been completed within the requisite
six-month period, then the Borough's Zoning Officer shall provide
written notice by certified mail to the landowner requiring that decommissioning
be completed within 30 days of the receipt of said notice.
(c)
If the decommissioning has not been completed within 30 days
of the receipt of said notice, the Borough may either undertake the
decommissioning and charge the landowner and/or facility owner and
operator for all of the costs and expenses thereof, including reasonable
attorneys' fees, or take appropriate legal action to compel the decommissioning.
All costs incurred by the Borough shall be billed to the landowner
and, if not paid within 60 days of billing, shall become a lien against
the property.
A protest against any proposed amendment or revision of a zoning
ordinance may be filed with the Borough Clerk, 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 extending 200 feet in
all directions therefrom, inclusive of street space, whether within
or without the municipality. Such amendment or revision shall not
become effective following the filing of such protest except by the
favorable vote of two-thirds of all the members of the Borough Council
of the Borough.