Each of the uses listed below shall meet the specified standards
regardless of whether it is listed as a permitted use or conditional
use or requires a use variance in the specific zoning district. Compliance
with these standards shall be considered in any conditional use or
use variance application to the approving authority except when the
applicant specifies that relief is also sought from these special
standards for good reason. In addition to meeting these standards,
the following uses must meet applicable site plan review requirements.
A.
A home occupation as defined by this chapter shall be permitted as
an accessory use for a single-family detached dwelling unit in the
specified zoning districts, provided that the following standards
are observed:
(1)
The home occupation shall be operated by a family member residing
on the premises. No more than two nonresident employees may be employed
to assist in the profession, business, or service.
(2)
No more than 25% of the gross habitable floor area of the residential
structure or more than 300 square feet of an accessory use shall be
used or occupied by the home occupation.
(3)
Adequate off-street parking shall be provided in accordance with
the site plan review design standards. The parking shall not reduce
the parking requirements of the residential structure and shall not
encroach on any required yard areas.
(4)
The residential character of the lot, building, and area shall not
be changed. No occupational sounds shall be audible at any property
line and no equipment utilized which will result in radio or television
interference. No goods or products may be displayed which may be visible
from the street.
(5)
The sale of goods or commodities shall only be permitted if they
have been produced on the premises or if they are incidental to a
service provided on the premises.
B.
The Zoning Officer shall decide whether a use meets the home occupation
definition and standards listed in this chapter. If the Zoning Officer
is unable to decide whether a proposed use is a home occupation or
whether a use violates the standards of this section, the Planning
Board shall make the final determination.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Roadside stands as defined in this chapter may only be established
in accordance with the Schedule of District Regulations[1] and in accordance with the following standards and regulations:
A.
The stand shall be maintained in good repair and shall not display
goods closer than 40 feet to a street line.
B.
One off-street parking space shall be provided for every 100 square
feet of display area.
C.
A maximum of three nonilluminated signs shall be permitted with a
maximum total sign area of 24 square feet. Signs shall not be permitted
within 10 feet of any property or street line.
D.
The majority of the farm products sold shall be grown on the premises.
E.
There shall be only one entrance and one exit onto the street which
shall meet the standards listed in Part 4, Site Plan Review.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
A.
Any hunting or skeet clubs shall be operated as a nonprofit enterprise
on a land parcel in excess of 100 acres.
B.
No part of an operation involving guns or target-release equipment
shall be located closer than 200 feet to a property line or closer
than 350 feet to an existing residential use other than one incidental
to the use itself.
C.
The Planning Board may require the fencing of areas to prevent access
to the property by children depending upon the nature of the use and
the proximity to residences.
A.
Campgrounds are only permitted as conditional uses. In addition to
the site plan review requirements, all campgrounds must be designed
in accordance with the following requirements:
(1)
A campground shall be located on a tract in excess of 50 areas and shall not exceed a gross density of five campsites per acre. The density calculation shall not include the buffer area required in Subsection A(2).
(2)
A buffer area shall be maintained of at least 200 feet from all street
or property lines and 50 feet from any lake, pond, or stream. The
purpose of this buffer area is to protect the natural condition of
the site, to protect the integrity and purity of streams and other
water bodies, to ensure natural surrounding for campers, and to preserve
the right of adjoining property owners to enjoy the full use of their
premises.
(3)
If the buffer area is not wooded, the developer shall provide natural
screening as specified in Part 4, Site Plan Review, and shall post
a performance guaranty for the development of such a buffer prior
to the issuance of any permits.
(4)
The campground shall be designed so as not to remove, change, harm
or destroy any natural feature, natural drainage, or existing vegetation
on the land prior to the establishment of a camp facility.
B.
All buildings, structures, and uses must conform to the standards
and requirements, as amended from time to time, of the State Uniform
Construction Code and State Sanitary Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
All campground applications shall be accompanied by a letter from
the County Department of Health, approving the applicant's plan for
all health and sanitary facilities.
D.
Any permit issued for a campground shall be valid only so long as
the camp design, density, and service facilities conform to the approved
plot plan, Board of Health-approved sanitary facilities, and any additional
conditions specified by the Planning Board. Such camps shall also
comply with any applicable requirements of state, county and municipal
agencies regarding health, sanitation, fire protection and other matters.
E.
The occupancy of any campsite shall not be permitted for more than
five days out of any 30 days during the period from October 1 to April
1. The violation of this requirement shall be grounds for the revocation
of the conditional use permit.
[Amended 4-2-2007 by Ord.
No. 2007-4]
The keeping of animals and/or livestock and the use and operation
of kennels and/or animal hospitals shall be in accordance with the
following:
A.
For purposes of this chapter, animals and livestock shall be separated
into the following classifications:
(1)
Class I animals: cattle, horses, ponies, donkeys or any other animals
belonging to the biological order of Perissodactyla.
(2)
Class II animals: pigs, goats, sheep or other animals commonly referred
to as "livestock."
(3)
Class III animals: any feathered vertebrate animal, including, but
not limited to, chickens, geese, ducks, turkeys, hens, pheasants or
other animals commonly referred to as "barnyard fowl."
(4)
Class IV animals: dogs, cats, parakeets, parrots, small pet birds,
hamsters, guinea pigs, rabbits, and similar or usual domestic pets.
(5)
Class V animals: fox, mink, fur-bearing animals, except when one
or two are kept as domestic pets, monkeys or other wild animals which
by state or federal law require a license to be kept in captivity.
B.
The keeping of animals and/or livestock shall be permitted as per
the Schedule of District Regulations,[1] provided that the following requirements are met:
(1)
Not more than one Class I animal shall be kept on a lot of at least
two acres in size, provided that said animal is kept enclosed in a
pen or corral containing not less than 5,000 square feet in area.
Each additional Class I animal shall require an additional acre in
lot area and an additional 2,000 square feet of pen or corral space.
At a minimum, box stalls of 100 square feet shall be provided per
animal. No animal shall be housed or manure stored closer than 100
feet to any adjacent property line.
(2)
In any district on a lot of at least one acre in size, not more than
two Class II animals (except pigs) or 12 Class III animals may be
kept. The keeping of pigs shall be prohibited in all residential zoning
districts. All such animals shall be kept enclosed in a pen, corral
or other suitable enclosure with appropriate animal housing provided.
No animal shall be housed or manure stored closer than 200 feet to
any adjacent property line.
(a)
In addition to the normal site plan review information, the
following information shall be provided to the approving authority
for all intensive fowl or swine operations:
[1]
The purpose of the operation and the manner in which animals
or fowl would be housed or ranged.
[2]
The number, size, species and type of animals or fowl proposed
to be kept and the number of each per gross acre.
[3]
The location of any outside fowl ranges or swine pens or corrals.
[4]
The location of any methods for the storage, disposal, or other
utilization of liquid and/or solid wastes.
[5]
The design of any enclosures and the provisions for adequate
lighting and ventilation.
[6]
A written opinion of the county agricultural agent, concerning
possible nuisance characteristics and the adequacy of measures proposed
to deal with them.
[7]
A written report from the Soil Conservation District, setting
forth the adequacy of plans for liquid and/or solid waste disposal.
(b)
Any intensive fowl or swine farm shall be located on a land
parcel having a minimum of 10 acres.
(c)
Any enclosure or fenced run for the containment of fowl or swine
or for the storage of animal waste on an intensive fowl or swine farm
shall not be closer than 200 feet to any property or street line.
(d)
The feeding of swine upon garbage or similar refuse material,
either cooked or uncooked, is specifically prohibited.
(e)
Any certificate of occupancy shall remain valid only so long
as the intensive fowl or swine farm is operated in a nuisance-free
manner in accordance with the above-listed standards and any additional
conditions imposed by the approving authority.
(3)
The keeping of up to five of each Class IV animal shall be permitted
in all zoning districts, provided that the breeding and sale of such
animals may be determined a commercial use by the Zoning Officer based
upon the number of animals involved within a reasonable time period
and the use of property or structures thereon for such activity. When
so determined a commercial activity, the property owner shall be subject
to the requirements of this chapter for such commercial activity,
including site plan review.
(4)
All fencing in connection with the enclosure of animals shall be
installed no less than 10 feet from adjacent property lines and at
least 50 feet from the nearest dwelling, excluding the owner's.
(5)
In computing the acreage required for the keeping of animals or livestock, each class of animal as set forth herein shall be computed separately, resulting in a cumulative total. Subsection B(1) through (6) shall not apply to any agricultural district or any farm as defined by this chapter, except that the keeping, breeding or sale of all Class V animals shall be prohibited in all zone districts within the Township of Elsinboro.
(6)
Any apiary shall be permitted on any lot of at least two acres in
size, provided that bees kept for the production of honey shall be
housed no less than 100 feet from the nearest dwelling, except the
hive owner's, and bees kept for other purposes shall be housed no
less than 200 feet from the nearest dwelling, excluding the owner's.
All hives shall be located at least 25 feet from any property line.
(7)
Kennels, small-animal grooming shops, animal hospitals or any place
wherein animals may be boarded for a fee are permitted as provided
in the Schedule of District Regulations on parcels of at least five
acres in size, unless such use is contained in a fully enclosed, soundproof
building wherein area, yard and building requirements of the zone
district in which it is located shall apply. Wherever permitted, the
following requirements shall apply:
(a)
Animal runs and any other outdoor animal areas shall be no less
than 50 feet from adjacent property lines.
(b)
Off-street parking facilities shall be provided on the premises
in such quantity as shall be determined by the Planning Board.
(c)
Adequate screening shall be required.
(d)
Any such use shall be free of noise, odor or other objectionable
nuisances, and in granting approval, conditions may be imposed upon
an applicant to eliminate or reduce any such nuisances.
(e)
Pet shops, riding academies or establishments and animal obedience
and training schools are considered commercial uses and are not covered
by this section.
(8)
Poultry, fowl or turkey farms may be established wherever agricultural
use/purpose activities are permitted in accordance with the Schedule
of District Regulations, provided that they meet the following conditions:
(a)
All applications for poultry, fowl or turkey farms or the raising
and breeding of any Class III animals shall be accompanied by a written
opinion of the county agricultural agent concerning the possible nuisance
characteristics of such use and recommended measures for adequately
dealing with them. Such opinion shall be reviewed by the Planning
Board and, where deemed appropriate, made a condition of approval.
Site plan review shall not be required in connection with any such
proposed use; however, the applicant shall provide a drawing to scale
of the proposed use and a written statement detailing the purpose
of the operation, the manner in which the animals will be housed,
methods for recycling or disposing of manure, the number of animals
to be kept in relation to the size of the parcel, all building or
range areas, property line setbacks and proposals for regular rotation
and cropping of range areas, including schedules.
(b)
Any such commercial use must meet the following conditions:
[1]
Turkeys are to be raised only inside entirely enclosed buildings.
[2]
Minimum parcel size shall be 10 acres.
[3]
Surface runoff from range areas shall be retained on-site.
[4]
Fencing or other barriers are to be erected to catch debris
or feathers from being blown off the site to whatever practical extent
possible.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
A.
No commercial sanitary or solid waste landfills shall be operated
in the Township except those that have been reviewed and approved
by the Department of Environmental Protection and meet the objectives
of the Salem County Solid Waste Management District Plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
All sanitary landfills shall be in accordance with the following
basic design principles:
(1)
No garbage, rubbish, refuse, tree limbs or roots, or any other waste
material, except clean soil, sand, gravel or rock deposited for the
purpose of regrading or landscaping the parcel on which it is deposited,
shall be dumped, pumped, or deposited in any district within 500 feet
of any public road, lake, stream or property line. All facilities
shall be properly buffered and screened from adjacent areas. If the
buffer area is not wooded, a dense natural screen shall be provided
as required by the Planning Board.
(2)
The facility shall not be objectionable due to dust, fumes, smoke,
or odor or be otherwise detrimental to the public health or safety.
(3)
The facility shall not interfere with the natural drainage to the
extent of adversely affecting adjacent properties.
(4)
All regulations and requirements of the Department of Environmental
Protection or Solid Waste Management District shall be adhered to.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
An environmental impact statement shall be submitted and address
the existing conditions of the site; the effect of the proposed activity
upon those conditions, including adverse environmental impacts; and
the way the applicant proposes to eliminate, minimize, or mitigate
potential adverse impacts. The conditions to be addressed in the impact
statement shall include topography, geology, hydrology, vegetation,
wildlife, soil, historic sites, groundwater, surface water supply
and quality, and air quality.
A.
Information. In addition to the general site plan requirements of
Part 4, the site plan submitted for a gasoline service station or
repair garage shall include the following information:
(1)
The actual floor space and/or ground area to be devoted to or used
for motor vehicle storage.
(2)
The number and location of fuel tanks to be installed, the dimensions
and capacity of each storage tank, the depth the tanks will be placed
below ground, and the number and location of dispensers to be installed.
(3)
The type and location of all principal and accessory structures to
be constructed.
(4)
The location of any church, hospital, theater, library, public playground,
athletic field, public or parochial school, firehouse, municipal building,
existing service station or public garage or any other public or other
building in which the public gathers within 1,000 feet of the proposed
structure or use.
B.
Location.
(1)
No public garage or gasoline service station shall be located within
400 feet of any church, hospital, theater, library, public playground,
athletic field, public or parochial school, firehouse, municipal building
or any public or other building in which the public gathers.
(2)
No public garage or service station shall be within 200 feet of an
existing public garage or gasoline service station.
(3)
The measurements contained herein shall be made between the two nearest
points of the building structures and not between lot lines; provided,
however, that the measurements between the public garage or gasoline
service station shall be made between the nearest point of the structure
and the nearest lot line of any athletic field or public playground.
The term "structure" as used herein shall include accessory structures
such as dispensers, and measurements contained herein shall be made
between uses on the same or opposite side of the street.
C.
Design standards.
(1)
All gasoline service stations having no more than three dispensing
pumps shall have a minimum frontage of 150 feet. There shall be an
additional 25 feet of frontage provided for every three additional
pumps of fraction thereof.
(2)
All gasoline pumps shall be located not less than 35 feet from any
street or property lines.
(3)
All fuel tanks shall be installed underground and shall be located
at least 35 feet from any street or property lines.
(4)
The site shall be properly screened and landscaped in accordance
with the site plan review requirements.
(5)
Any building or buildings to be erected for use as a gasoline service
station or public garage or in connection therewith shall be of masonry
construction, exclusive of ornamentation and roof.
D.
Standards for operation.
(1)
No gasoline service station or public garage shall accumulate or
store any used parts or tires, whether for sale, storage or waste,
on any portion of the premises, unless in the permanently enclosed
building.
(2)
All drainage, refuse, grease drippings, oily rags or other greasy
or oily material shall be kept enclosed in metal containers approved
by fire underwriters for disposal.
(3)
Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicle parts or partially dismantled vehicles
shall be stored outside an enclosed building.
A.
In addition to normal site plan review requirements, the applicant
shall submit the following information:
(1)
A statement indicating the need and purpose of the installation.
(2)
Proof shall be furnished that the proposed installation in the location
specified is necessary for the efficient and convenient operation
of the public utility involved and for the satisfactory and convenient
provision of service to the neighborhood or area in which the use
is to be located.
B.
The design of any building in connection with said use shall conform
to the general character of the area in which it is to be located.
The applicant shall demonstrate that the proposed use will in no way
adversely affect the safe and comfortable enjoyment of neighboring
properties.
Commercial stables and riding academies shall be located on
a land parcel of not less than 10 acres. All principal and accessory
buildings used for the keeping of horses shall be set back a minimum
of 300 feet from all property lines. No manure shall be stored within
100 feet of any property line.
Migrant labor housing shall meet the following standards in
addition to the other provisions of this chapter:
A.
Migrant labor facilities must be located on the property of the farmer
employing farm labor. Contract labor camps are prohibited.
B.
Occupancy of labor facilities shall be limited to migrant laborers
and their dependents and shall not be permitted during the period
of November 30 to February 28.
C.
All labor structures shall be located not less than 100 feet from
any street line, not less than 300 feet from any adjoining property
line, not less than 500 feet from any residential dwelling located
on an adjacent property, and not more than 200 feet from the lot's
principal dwelling.
D.
Migrant labor facilities shall comply with all appropriate regulations
of the State of New Jersey.
E.
All said facilities shall be maintained in good condition. Whenever
a structure is deemed to be structurally unsafe or dilapidated, the
Zoning Officer shall order the owner, in writing, to remove or repair
the structure. The owner shall comply with the order within 30 days
or be subject to the penalties stipulated in this chapter.
A.
Organization.
(1)
Private and public swimming clubs shall be operated on a nonprofit,
annual-membership basis. Proof shall be furnished that the proposed
use is a bona fide nonprofit activity organized solely for the use
and enjoyment of the membership.
(2)
The maximum membership of the club shall be fixed at the time of
application and shall be commensurate with the size of the parcel
and the scale and facilities contemplated. No expansion of the membership
shall take place subsequently without supplemental application to
and approval by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Design standards.
(1)
The parcel involved shall have a minimum lot size of three acres
and shall have at least 200 feet of frontage.
(2)
No more than 25% of the lot shall be covered by impervious surfaces.
(3)
The pool, accessory structures and all accessory uses (including
parking) shall not be located within 75 feet of any property line.
All boundaries shall be screened as required by the site plan review
design requirements.
(4)
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when the facility is unattended.
(5)
Any pool established in connection with public swimming clubs shall
be constructed and operated according to the requirements of N.J.A.C.
8:26, Public Recreational Bathing, which is incorporated into and
made part of this section by reference.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Planned shopping centers are listed as a conditional use and
must meet the standards of this section as well as the conditional
use procedures. The intent of this section is to permit attractive
planned shopping centers which are designed as an integrated unit.
A.
Sewer and water. Proposed planned shopping centers shall indicate
that adequate provisions have been made for water supply and sewerage
facilities. Shopping centers shall be connected to a municipal or
regional utility authority or shall develop an adequate on- or off-tract
system. Applications which depend on public utility agencies shall
submit a document indicating approval of these agencies and the availability
of sufficient capacity to accommodate this project prior to site plan
review. Developments which propose the establishment of water and
sewer facilities shall submit documents indicating the approval of
the design, construction, and manner of operation by the Township
Engineer, County Department of Health, and the New Jersey Department
of Environmental Protection.
B.
A minimum lot area of five acres shall be required for a planned
shopping center. Such lot shall not have less than 400 feet of frontage
on a public street, and no structure shall be permitted within 150
feet of the street.
C.
Evidence shall be submitted indicating that at least four prospective
tenants are interested in locating in such a facility.
D.
The maximum lot coverage of principal uses shall not exceed 25% of
the lot area. The maximum lot coverage of both the buildings and impervious
surfaces shall not exceed 85% of the gross lot area.
[Added 5-4-1998 by Ord.
No. 98-2]
A business office operated within a principal structure while such structure is being used as a type of community residence or shelter defined in N.J.S.A. 40:55D-66.2 must be used only for the business of such community residence or shelter and must comply with all applicable regulations in Part 1, Article IV, Part 3 and Part 4 of this chapter.
