The following provisions and performance standards
shall apply to all zones:
A.
Accessory
buildings and portable storage units.
[Amended 6-13-2000 by Ord. No. 12-2000; 4-22-2003 by Ord. No.
13-2003; 11-10-2009 by Ord. No. 14-2009]
(1)
Accessory
buildings. Any accessory building attached to a principal building
is part of the principal building and shall adhere to the yard requirements
for the principal building. No building permit shall be issued for
an accessory building prior to the issuance of a building permit for
the principal building. Construction of the principal building shall
precede or coincide with the construction of the accessory building,
otherwise the building permit for the accessory building may be revoked.
The accessory building shall be compatible in appearance with the
area in which it is located. No accessory building in any zone or
district shall exceed 600 square feet unless the lot exceeds three
acres in size. No accessory building shall be located closer to the
front property line than the rear building line of the principal building.
No accessory building shall be located any nearer to any rear or side
yard property line than that number of feet specified on the Schedule
of Yard, Area and Bulk Requirements,[1] except that sheds 120 square feet or less can have a three-foot
side and rear setback.
[1]
Editor's Note: The Schedule of Yard, Area
and Bulk Requirements is located at the end of this chapter.
(2)
Portable
storage units.
(a)
Permit required; application fee; exception for new residential construction.
Before placing a portable storage unit on his, her or its property,
a person or other owner of residential property must submit an application
and receive a permit from the Township. There shall be a fee of $25
for a thirty-day permit. Applications shall be obtained from the Zoning
Officer. Excepted from the permitting requirements of this subsection
shall be units utilized for new residential construction; however,
any unit shall be removed from the new residential dwelling lot within
30 days of the issuance of the certificate of occupancy.
(b)
Duration. Permits will be granted for a period of 30 days. Prior
to the expiration of the thirty-day period, applicants may seek to
extend their permits for an additional 30 days by seeking an extension
with the Zoning Officer. Extension of a permit will cost $25 for each
30 days granted. In no event shall a permit with extensions be granted
for more than 90 days except upon application to the Westampton Land
Development Board for approval upon good cause shown.
(c)
Public property. No temporary storage unit shall be placed or maintained
by any private party on any Township property, street or right-of-way,
except that such a unit may be placed in a street right-of-way subject
to the following conditions:
(d)
Private property. Portable storage units are prohibited from being
placed on or in the front yard of a property and shall only be permitted
in the driveway of the property at the furthest accessible point from
the street. All locations must be paved off-street surfaces.
(e)
Number of units. Only one portable storage unit may be placed on
any residential property at one time. In addition, one trash dumpster
may be placed on a residential property.
(f)
No portable storage unit shall be used to store solid waste, construction
debris, demolition debris, recyclable materials, business inventory
or commercial goods, except as may be approved by permit.
(g)
Storage of hazardous materials within the portable storage unit is
prohibited.
(h)
Portable storage units shall be locked and secured by the property
owner, tenant or property manager at all times when loading or unloading
is not taking place.
(i)
Portable storage units shall be no greater than eight feet in height,
18 feet in length and eight feet in width or no greater than a total
of 1,200 cubic feet.
(j)
In an emergency situation, such as storm, fire or flood damage, the
Zoning Officer may approve a temporary location for a portable storage
unit subject to the owner or tenant of the property making an application
for the required permit within five business days of the emergency.
In emergency situations, the Zoning Officer may also approve more
than one storage unit and more than one trash dumpster per residential
property.
B.
Buffers.
(1)
Where multifamily housing projects, commercial or
industrial uses or conditional uses abut any residential district
or zone or existing residential use, the multifamily housing project,
commercial, industrial or conditional use must buffer along the abutting
property line along such other property lines as are necessary in
order to effectively screen and buffer its use from the residential
districts and/or uses.
(2)
Where specified above or as it is determined necessary
as a result of site plan review and/or the applicant's landscape plan,
a buffer strip shall be provided along property lines adjacent to
a zone of lesser degree of use so as to provide protection to adjacent
properties, except where such lot lines abut or are along street frontages
and the relaxation of the buffer requirements is necessary to provide
for the safe access to and from a public street. Buffer strips shall
be free from structures, accessory buildings, signs, driveways, parking
areas, outdoor storage areas, recreation facilities or other active
uses.
(3)
Buffer areas shall require site plan approval and
are required along all lot lines and street lines which separate a
townhouse, apartment or nonresidential use from either an existing
residential use or a residential zoning district. Buffer areas shall
be developed in an aesthetic manner for the primary purposes of screening
views or reducing noise perception beyond the lot. Buffer widths shall
be measured horizontally and perpendicular to lot and street lines.
No structure, activity, storage of materials or parking of vehicles
shall be permitted in a buffer area. The location and design of buffer
areas are intended to provide flexibility in providing effective buffers.
The location and design of buffers shall consider the use of the portion
of the property being screened, the distance between the use and the
adjoining property line, difference in elevations, the type of buffer,
such as dense planting, existing woods, a wall or fence, buffer height,
buffer width and other combinations of man-made and natural features.
The buffer shall be designed, planted, graded, landscaped and developed
with the general guideline that the closer a use or activity is to
a property line or the more intense the use, the more effective the
buffer area must be in obscuring light and vision and reducing noise
beyond the lot. Parking areas, trash collection and utility areas
and loading and unloading areas shall be screened around their perimeters
by either a landscape screen, fence or grass buffer area, whichever
is appropriate for the use involved.
(4)
All buffer areas shall be planted and maintained with
either grass or ground cover maintained at a maximum height of eight
inches, together with a screen or scattered planting of trees, shrubs
or other plant material meeting the following requirements:
(a)
The preservation of all natural wooded tracts
shall be an integral part of all site plans and may be calculated
as part of the required buffer area, provided that the growth is of
a density and the area is of a width to serve the purpose of a buffer.
Sizes and varieties of plants in newly established plantings shall
be grouped so as to screen 75% of the headlight glare within three
years and be a minimum of eight feet in height within three years.
Ground cover of mulch, grass or other plant material shall be used
to reduce collecting debris and present a pleasant appearance. Ground
elevations shall require adjustments of plant height and shall relate
to adjacent parking areas; loss in elevation in planting areas in
relation to parking areas will necessitate proportionate increases
to plant sizes. Where additional plantings are necessary to establish
an appropriate tone for an effective buffer, the plantings may be
required.
[Amended 4-28-1998 by Ord. No. 8-1998]
(b)
The buffer planting shall be so placed that,
at maturity, it will not be closer than 10 feet to any cartway.
[Amended 4-28-1998 by Ord. No. 8-1998]
(c)
Shade trees shall be of nursery stock, free
of insects and disease, as shown by valid nursery inspection certificates,
a minimum of 10 feet to 12 feet in height and 1 1/2 inches to
two inches in caliper, with grading quality and balling standards
in accordance with the USA Standard for Nursery Stock, as sponsored
by the American Association of Nurserymen, Inc. (1967).
(d)
Any plant material which does not live shall
be replaced within one year or one growing season.
(e)
Screen plantings and landscaping shall be broken
at points of vehicular and pedestrian ingress and egress to assure
a clear sight triangle at all street and driveway intersections.
(5)
Species and varieties of plantings recommended for
planting Township streets and buffer areas shall be those approved
by the Township Engineer and/or the Township Planning Consultant,
using the following guidelines for development of the landscape plan:
(a)
Screening shall be provided with buffer strips
so as to provide a visual or partial accoustical barrier to conceal
the view or sounds of various utilitarian operations and uses from
the street or adjacent properties. Screening may consist of the following:
[1]
Landscape berms planted with attractive vegetative
covering.
[2]
A solid masonry wall not less than five feet,
six inches above ground level.
[3]
A solid fencing, uniformly painted or of a naturally
durable material such as cedar, cypress or redwood, not less than
six feet above ground level and open to the ground to a height of
not more than four inches above ground level.
[4]
Dense hedges of shrubbery or evergreens planted
at 30 inches on center in a single row or at five feet on center in
two staggered rows. Evergreens or shrubs shall be a minimum of five
feet above ground level at the time of planting and permitted to grow
to a minimum of six feet above ground level.
(b)
Living buffers and screens shall be maintained
by the owner of the property where the use requires a buffer or a
screen. Any failure to maintain the buffer or screen in the future
constitutes a violation of this chapter subjecting the owner of the
property to penalties imposed herein and revocation of a certificate
of occupancy which will require a new submission of site plan to the
Land Development Board with particular emphasis on the buffer and
screen area and a resolution of the problems involved by replacing
the living buffer with screening of solid fencing and masonry, as
set forth above.
[Amended 11-10-1998 by Ord. No. 24-1998]
(c)
Size of buffer strips. Buffers in nonresidential districts shall be as provided in the standards for the individual nonresidential zoning district. In other cases where buffers are required, pursuant to § 250-22B(1), the buffer shall be 50 feet in width.
[Amended 4-28-1998 by Ord. No. 8-1998]
C.
Corner lots. Any principal or accessory building located
on a corner lot shall have a minimum setback from both street right-of-way
lines equal to the required front yard and shall not interfere with
a required sight triangle. The remaining yards shall both be considered
as side yards with respect to setback. Corner lots shall meet the
requirements of the zone where located both as to frontage and setback.
In no case shall the frontage be less than 200 feet on any street.
Measurement shall be made from the ends of the connecting curve.
D.
Energy conservation. All development shall be carried
out in a manner which promotes energy conservation and maximizes active
and passive solar energy in accordance with any applicable statutes.
Such measures may include orientation of buildings, landscaping to
permit solar access and the use of energy-conserving building materials.
E.
Fences and walls.
(1)
Fences and walls shall not be located in any required
sight triangle. Fences and walls in any residential district or around
any residential use shall not be higher than four feet unless set
back from the street line the minimum setback required for the zone.
Fences and walls shall not exceed six feet in height when located
more than the required setback from the street line in a residential
zone district or around a residential use.
(2)
Fences and walls located in the required setback area
from the street line shall have open space for light and air representing
at least 50% of the fence area. This provision shall apply to fences
and walls in any zoning district and surrounding any use.
(3)
Fences and walls around commercial, utility and industrial
uses are limited to eight feet in height. There shall be no height
limitations for fences around agricultural uses, nor shall there be
any height limitations for vegetative fences around any use, unless
the same are located in a sight triangle or setback area where related
to a street.
(4)
Fences on corner properties. Fences in the street frontage considered the front of the house shall follow Subsection E(1) and (2) above. The street frontage considered the side yard shall be allowed to have up to a six-foot-high fence, beginning at the front setback of the house and along the property line on the side of the house. However, the fence must be set back at least one foot from a sidewalk and may not be in any sight triangle.
[Added 6-8-2004 by Ord. No. 12-2004]
(5)
Except where a fence or wall has specifically been
approved by the Board of Directors, or a committee established by
the Board of Directors, of a homeowner’s association operating
within and for a residential community in the Township of Westampton,
in which case the decision of the homeowner’s association shall
control, all fences and walls constructed within the Township shall
be a wood board-on-board type with a natural finish. (Clear weatherproofing
or varnish is permitted.)
[Added 7-10-2007 by Ord. No. 12-2007]
F.
Grading. Lots where fill material is deposited shall
have clean fill or topsoil graded to allow complete surface drainage
of the lot into local storm sewer systems or natural drainagecourses.
No regrading of a lot shall be permitted which would create or aggravate
water stagnation or a drainage problem on site or on adjacent properties
or which will violate the provisions regulating soil erosion and sediment
control, soil removal, development in wetlands or floodplains contained
in the state law or any developmental ordinance of the Township. Grading
shall be limited to areas shown on the approved site plan or subdivision.
Any topsoil disturbed during approved excavation and grading operations
shall be redistributed throughout the site.
G.
Lighting. All area lighting shall provide for nonglare,
color-corrected lights focused downward or translucent fixtures with
shields around the light source. The light intensity provided at ground
level shall average a maximum of 0.5 footcandle over the entire area.
For each fixture and lighted sign, the total quantity of light radiated
above a horizontal plane passing through the light source shall not
exceed 7 1/2% of the total quantity of light emitted from the
light source. Any other outdoor lighting shall be shown on the site
plan in sufficient detail to allow determination of the effects at
the property line and on nearby streets, driveways, residences and
overhead sky glow. The objective of these specifications is to minimize
undesirable off-site effects. No lighting shall shine directly or
reflect into windows or onto streets and driveways in such a manner
as to interfere with driver vision. No lighting shall be of a yellow,
red, green or blue beam nor be of a rotating, pulsating beam or other
intermittent frequency. The intensity of such light sources, light
shielding, the direction and reflection of the lighting and similar
characteristics shall be subject to site plan approval by the Land
Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
H.
Lot areas. Where two or more adjoining lots are under
the same ownership and one or more of said lots do not conform to
the minimum area or dimension requirements for the zone in which they
are located, the lots shall be considered as a single lot, and the
provisions of this section shall apply.
I.
Multiple uses for commercial and industrial sites;
multiple buildings for multifamily housing projects. Shopping centers
and industrial complexes receiving site plan approval where all buildings
are designed as a united and comprehensive plan in accordance with
the applicable zoning district standards may have more than one building
on a lot and more than one use within a building. Multifamily residential
housing developments may have more than one principal residential
building on the site.
J.
Nonconforming uses, structures or lots. The lawful
use of land, buildings or structures existing on the effective date
hereof 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. However, none shall be enlarged, extended,
relocated, converted to another use or altered, except in conformity
with this chapter, except as permitted below.
(1)
The prospective purchaser, prospective mortgagee or
any other person interested in any land upon which a nonconforming
use or structure exists may apply, in writing, for the issuance of
a certificate certifying that the use or structure existed before
the adoption of this chapter, which rendered the use or structure
nonconforming. The applicant shall have the burden of proof. Applications
pursuant hereto may be made to the administrative officer within one
year of the adoption of this chapter, which rendered the use or structure
nonconforming, or at any time to the Board of Adjustment. The administrative
officer shall be entitled to demand and receive for such certificate
issued by him a reasonable fee not in excess of $10. The fees collected
by the official shall be paid by him to the municipality. Denial by
the administrative officer shall be appealable to the Zoning Board
of Adjustment.
(2)
Abandonment. A nonconforming use shall be adjudged
as abandonment when the tenant or owner displays intent of cessation
and/or the nonconforming use is discontinued for a period of at least
12 consecutive months.
(3)
Conversion to permitted use.
(a)
Any nonconforming building, structure or use
changed to conform to the provisions of this chapter shall not be
changed back to a nonconforming status.
(b)
Any 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.
(4)
Repairs and maintenance. Repairs and maintenance may
be made to a nonconforming use, structure or lot, provided that the
repair and maintenance work does not change the use of the building,
increase the area of a lot used for a nonconforming purpose or otherwise
increase the nonconformity in any manner.
(5)
Sale. Any nonconforming use, structure or lot may
be sold and continue to function in the same nonconforming manner.
(6)
Nonconforming lots and structures. In all residential
zones, any lawfully existing nonconforming structure which has been
and will continue to be used for a permitted principal use may be
expanded without further relief subject to the following limitations:
[Amended 5-11-1999 by Ord. No. 9-1999]
(a)
Lots developed with single-family or duplex
dwellings which are nonconforming relative to a yard or lot area requirement
may have an addition to the conforming portion of the dwelling, provided
that the addition conforms with applicable yard requirements.
(b)
Lots developed with single-family or duplex
dwellings which are nonconforming relative to bulk requirements may
have an addition to the nonconforming portion of the dwelling, provided
that any additions that violated a setback requirement may be constructed
to continue the existing building setback but shall not be permitted
to encroach further into the required setback than the existing structure.
(c)
The gross floor area of the addition referred to in § 250-22J(6)(b) which would otherwise violate the bulk requirements of the zone shall not exceed 25% of the lawfully existing nonconforming building.
(d)
Regardless of the size of the expansion or the
number of existing nonconformities, only one such expansion shall
be permitted without relief from the Land Development Board.
(7)
Existing lots. Any vacant lot, as recorded at the
time of passage of this chapter, that is located in Residential Districts
R-2, R-3, R-4 or R-6 and fails to comply with the minimum requirements
of this chapter may be used for any permitted principal use in the
district in which it lies, provided that the following requirements
are complied with:
[Added 5-11-1999 by Ord. No. 9-1999]
(a)
In unsewered areas, the lot shall be at least
one acre in size and the bulk requirements shall be as specified for
one-acre lots in the R-1 Zone.
(b)
In sewered areas, the lot shall be at least
10,000 square feet, and the bulk requirements shall be in accordance
with the following schedule:
|
10,000 to 14,999 Square Feet
|
15,000 to 19,999 Square Feet
| ||
|---|---|---|---|
|
Minimum lot width at building
|
75 feet
|
100 feet
| |
|
Minimum front yard
|
25 feet
|
30 feet
| |
|
Minimum rear yard
|
25 feet
|
25 feet
| |
|
Minimum side yard both
|
20 feet
|
30 feet
| |
|
Minimum side yard one
|
8 feet
|
12 feet
| |
|
Maximum height
|
35 feet
|
35 feet
| |
|
Maximum building coverage
|
30%
|
20%
|
K.
Commercial and recreational vehicles in residential
zones.
(1)
No person shall park on any street in the municipality
any truck, bus, trailer or tractor, the gross registered weight of
which exceeds 8,000 pounds. Trucks over four tons registered gross
weight are hereby excluded from municipally owned residential streets
except for the pickup and delivery of materials on such streets.
[Amended 8-11-1998 by Ord. No. 17-1998]
(2)
Nothing within this chapter shall be construed as
preventing vehicles exceeding a gross registered weight of 8,000 pounds
from making deliveries of merchandise within a residential zone or
as prohibiting any vehicle exceeding the gross registered weight of
8,000 pounds used by any public utility company in connection with
the construction, installation, operation or maintenance being used
for such purposes. Neither shall this chapter be construed as preventing
vehicles exceeding a gross registered weight of 8,000 pounds from
being used in cases of emergencies within a residential zone of the
Township in order to preserve and protect persons and property within
the residential zone.
(3)
Recreation vehicles may be parked outside, in the driveway or in side or rear yard areas only, with a limit of one recreation vehicle per family permitted outside a building. Recreation vehicles so parked shall not be used for temporary or permanent residential purposes. Further guidelines are outlined in Chapter 235, Vehicles, Recreational.
[Amended 11-13-2001 by Ord. No. 18-2001]
L.
Performance standards.
(1)
Electricity. Electronic equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property as the result of the operation of such
equipment.
(2)
Glare. No use shall direct or reflect a steady or
flashing light beyond its lot lines. Exterior lighting and lighting
resulting from any manufacturing or assembly operations shall be shielded,
buffered and directed as approved on the site plan so that any glare,
direct light or reflection will not interfere with the normal use
of nearby properties, dwelling units and streets.
(3)
Air, water and environmental pollution. No use shall
emit heat, odor, vibrations, noise or any other pollutant into the
ground, water or air that exceeds the most stringent applicable state
and federal regulation. No building permit, zoning permit or certificate
of occupancy shall be issued for any use until a state permit has
been issued, where a state permit is required, to ascertain and approve
the level of emission, quality of emission, type and quality of emission
control and such other state regulations governing the emission of
pollutants into the ground, water or air.
(4)
Dust, fumes, vapor, mists, gases, fly ash and odors.
Dust, fumes, vapors, mists, gases, fly ash or odors shall not be allowed
to be discharged into the atmosphere in such quantities or at such
levels as to cause injury, detriment of annoyance to persons on other
properties or endanger their comfort, repose, health or safety or
in such quantities or at such levels as to cause property damage or
damage to agriculture on other properties.
(5)
Smoke. The emission of any smoke from any source whatever
to a density greater than that density described as No. 2 on the Ringelmann
Smoke Chart, or equivalent, is prohibited. The Ringelmann Smoke Chart,
as published and used by the Bureau of Mines, United States Department
of the Interior, or an equivalent based thereon, is hereby adopted
and made a part of these regulations.
(6)
Ground vibrations. Every use shall be so operated
that the ground vibration inherently and recurrently generated is
not perceptible, without instruments, at any point along the property
line of that use.
(7)
Storage and water disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they can
be transferred off the lot, directly or indirectly, by natural forces
such as precipitation, evaporation or wind. All materials or wastes
which might create a pollutant, be a safety hazard or be a health
hazard shall be stored indoors or be enclosed in appropriate containers
to eliminate such pollutant or hazard.
(8)
Sound. The volume of sound inherently and recurrently
generated by any use shall not exceed the standards set forth below
at any point along the boundaries of the district in which such use
is located.
(a)
Sound levels shall be measured with a sound-level
meter and associated octave-band filter manufactured according to
the most recent standards prescribed by the American Standards Association.
(b)
Objectionable sounds of an intermittent nature
shall be controlled so as not to become detrimental or a menace to
the health of the inhabitants outside of the district and so that
the intermittent sounds are or may become an annoyance or interfere.
with the comfort or general well-being of the inhabitants outside
of the district.
(c)
Maximum sound-pressure levels shall conform
to the following table:
|
Octave Band
(cycles per second)
|
Maximum Sound Pressure Level
[decibels (0.0002 dyne per square centimeter)]
|
|---|---|
|
0 to 74
|
72
|
|
75 to 149
|
67
|
|
150 to 299
|
59
|
|
300 to 599
|
52
|
|
600 to 1,199
|
46
|
|
1,200 to 2,399
|
40
|
|
2,400 to 4,800
|
34
|
|
Above 4,800
|
32
|
M.
Principal use. No residential lot shall have situated
upon it more than one principal permitted use.
N.
Prohibited uses in all zones:
(1)
Any use not specifically permitted in a zone established
by this chapter is prohibited from that zone.
(2)
The following uses and activities are specifically
prohibited in any zone, district, place or area of the Township of
Westampton:
(a)
Acetylene manufacture or storage.
(b)
Asphalt or coal-tar manufacture.
(c)
Celluloid, plastic or rubber manufacture.
(d)
Creosote manufacture or treatment.
(e)
Fat rendering, soap, tallow, grease or lard
manufacture.
(f)
Gas manufacture or storage in excess of 50,000
cubic feet.
(g)
Match manufacture.
(h)
Storage of gasoline in excess of 50,000 gallons.
(i)
Tanning, curing or storage of rawhides.
(j)
Tar distillation or manufacture.
(k)
Fertilizer manufacture.
(l)
Explosive manufacture or storage.
(m)
Petroleum refining or processing.
(n)
Manufacture of combustible, flammable or volatile
materials in any amount or storage of the same as a principal use.
(o)
Junkyards, junk businesses or automobile junkyards
or wrecking yards.
(q)
Parking of trailer portion of tractor-trailer
containerized unit for on-site permanent storage purposes for more
than 15 days.
[Added 3-20-1989 by Ord. No. 7-1989]
(r)
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16,[2] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 6-15-2021 by Ord.
No. 7-2021]
[2]
Editor's Note: See N.J.S.A. 24:6I-33.
O.
Frontage on an improved street. Every principal building shall be
built upon a lot with frontage on a public or private street which
has been improved to Township standards or for which such improvements
have been insured by posting a performance guaranty pursuant to the
provisions of the Land Subdivision chapter of the Code of Ordinances
of the Township of Westampton.[3]
P.
Swimming pools. No swimming pool shall be located
any nearer than that number of feet specified on the Schedule of Yard,
Area and Bulk Requirements[4] to any rear or side property line or in any case nearer
a street than a principal building to which it is an accessory except
that swimming pools on lots 22 feet or 20 feet in width can have a
four-foot side line setback for the pool only. Footage shall be measured
from the water's edge. A permanent barrier, fence or obstruction not
less than four feet nor more than five feet in height, so constructed
as to enclose entirely the area on which the swimming pool is located
and to bar all reasonable and normal access to the swimming pool,
except through a substantial self-closing gate of the same height
as the fence, equipped with facilities for locking said gate when
the pool is unattended or unguarded, shall be provided for all swimming
pools.
[Amended 6-10-1997 by Ord. No. 13-1997; 11-10-1998 by Ord. No. 20-1998]
[4]
Editor's Note: The Schedule of Yard, Area
and Bulk Requirements is located at the end of this chapter.
Q.
Off-street parking.
[Amended 4-28-1998 by Ord. No. 8-1998]
(1)
Off-street parking spaces, open-air or indoor, shall
be provided with all new construction or the creation of new uses
as specified in this chapter on the same lot as the use which they
are intended to serve and shall be furnished with necessary passageways
and driveways. All such space shall be deemed to be required space
on the lots on which the use it serves is situated and shall not be
encroached upon or reduced in any manner. All parking areas, passageways
and driveways shall be surfaced with a dustless, durable, all-weather
surface such as macadam or concrete, clearly marked for car spaces,
and shall be adequately drained and subject to the approval of the
Township Engineer.
(2)
The collective provision of off-street parking areas
by two or more buildings or uses located on adjacent lots is permitted,
provided that the total of such facilities shall not be less than
the sum required of the separate buildings or uses.
(3)
All parking areas and appurtenant passageways and
driveways serving business or industrial uses shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation. Adequate shielding shall be provided by business
and industrial users to protect adjacent residential zones from the
glare of such illumination and from that of automobile headlights.
(4)
Access aisles and driveways to parking areas shall
not be less than 25 feet in width. Aisles and driveways within parking
areas shall have a minimum width as follows:
(5)
Where off-street parking is required under this chapter,
a site plan shall be filed showing surfacing, landscaping, location
and design of entrances, exits, marking and lighting, all of which
shall be subject to the approval of the Land Development Board.
[Amended 11-10-1998 by Ord. No. 24-1998]
(6)
The size of required nonresidential parking spaces
shall be as follows:
(a)
Nonemployee parking: 10 feet by 20 feet.
[Amended 8-9-2011 by Ord. No. 11-2011]
(b)
Employee parking: nine feet by 18 feet. Two-thirds of all parking
for office use may be considered employee parking. Employee parking
shall be physically separated from nonemployee parking.
[Amended 8-9-2011 by Ord. No. 11-2011]
(c)
Parallel parking spaces shall be 10 feet by
24 feet for nonemployee parking and nine feet by 22 feet for employee
parking.
(d)
Nonparallel parking spaces may be reduced to a depth of 18 feet
if the parking spaces abut a pedestrian walkway with a width of at
least six feet or abut aisle dividers, landscaped islands or parking
islands. The required width shall not be reduced.
[Added 8-9-2011 by Ord. No. 11-2011]
(8)
For a one-family detached dwelling, two off-street
parking spaces shall be provided for each dwelling unit, exclusive
of garage.
R.
Off-street loading.
(1)
Each activity shall provide for off-street loading
and unloading, with adequate ingress and egress from streets, and
shall provide such area at the side or rear of the building. There
shall be no loading or unloading from the street.
|
Commercial
|
Industrial
| ||
|---|---|---|---|
|
Space size (feet)
|
12 by 35
|
12 by 35
| |
|
First space
|
1 per 5,000 square feet of gross floor area
or fraction thereof
|
1 per 8,000 square feet of gross floor area
or fraction thereof
| |
|
Additional spaces
|
1 per 7,000 square feet of gross floor area
or fraction thereof
|
Same as above
|
(2)
A minimum of one space per use, except that where
more than one use shall be located in one building or where multiple
uses are designed as part of a shopping center or similar self-contained
complex, the number of loading spaces shall be based on the cumulative
number of square feet within the building or complex, shall be dispersed
through the site to best serve the individual uses and shall have
site plan approval.
(3)
There shall be at least one trash and garbage pickup
location provided by each building, which shall be separated from
the parking spaces by either a location within the building or in
a pickup location outside the building, which shall be a steel-like,
totally enclosed container located in a manner to be obscured from
view from parking areas, streets and adjacent residential uses or
zoning districts by a fence, wall, planting or combination of the
three. If located within the building, the doorway may serve both
the loading and trash/garbage functions; and, if located outside the
building, it may be located adjacent to or within the general loading
areas, provided that the container in no way interferes with or restricts
loading and unloading functions.
(4)
All off-street loading areas shall be lighted.
(5)
Loading area requirements may be met by combining
the floor area of several commercial activities taking place under
one roof and applying the above ratios.
(6)
No off-street loading and maneuvering areas shall
be located in any front yard.
(7)
Loading spaces shall be located on the same lot as
the use being served, may abut the building being served rather than
requiring a setback from the building and shall be located to directly
service the building for which the space is being provided.
T.
Curbing. All off-street parking and loading areas
shall have concrete or Belgian-block curbing around the perimeter
of the parking and loading areas and to separate major interior driveways
from parking spaces. Curbing may also be installed within the parking
or loading areas to define segments of the parking or loading areas.
Concrete wheel blocks may be located within designated parking or
loading spaces. All curbings shall be located in conjunction with
the overall drainage plan. Curbing installed at locations requiring
pedestrian or bicycle access over the curbing shall be designed with
breaks in the curb height, with ramps from the street grade to the
sidewalk. The breaks shall be either opposite each traffic lane or
no less frequent than one every 65 feet along the curb.
U.
Drainage. All parking and loading shall have catch
basins and drainage facilities installed in accordance with good engineering
practices as approved by the Municipal Engineer. Where subbase conditions
are of such nature that surfacing would be inadvisable without first
treating the subbase, these areas shall be excavated to a depth of
at least six inches to 12 inches below the proposed finished grade
and filled with a suitable subbase material, as determined by the
Municipal Engineer. Where required by the Engineer, a system of subsurface
drains shall be constructed beneath the surface of the paving and
connected to a suitable drain. After the subbase material has been
properly placed and compacted, the parking area surfacing material
shall be applied.
V.
Surfacing off-tract parking areas, loading and unloading
areas, interior drives and aisles shall be paved with not less than
four inches of compacted base course of plant-mixed bituminous stabilized
base course, constructed in layers not more than two inches' compacted
thickness (stab base) and a top course of a minimum two-inch-thick
compacted wearing surface of bituminous concrete (FABC).
W.
Recreational facilities.
(1)
Active recreational facilities shall be provided
for each residential development, whether of multifamily housing or
single-family detached housing, when the development exceeds 14 dwelling
units. Recreation facilities shall be provided in accordance with
the table and provisions set forth below. On multifamily housing projects,
the active recreation facilities shall be located in the twenty-percent-open-space
area. For cluster housing developments, the active recreation facilities
shall be located in that open space area derived as a result of clustering
the dwelling units. In other single-family detached housing developments,
an open space area sufficient in size to accommodate the active recreation
facility plus the associated required off-street parking shall be
set aside by the developer, in accordance with the table set forth
below:
[Amended 9-21-1987 by Ord. No. 15-1987]
|
Type of Recreation Facility
|
Minimum Area
| |
|---|---|---|
|
Tot lot
|
6,000 square feet
| |
|
Tennis court
|
10,000 square feet, plus parking area
| |
|
Basketball court
|
8,000 square feet
| |
|
Multipurpose field
|
2 acres, plus parking area
|
(2)
No active recreational area shall be less than 6,000
square feet in area nor less than 60 feet in width. All recreational
areas shall be located convenient to dwelling units. Recreational
areas shall be furnished with recreational equipment, as is set forth
in the Subdivision Ordinance,[6] plus landscaping and benches and appropriately sized trash
disposal containers for the facility to be constructed. Said trash
containers shall be fenced, screened and landscaped as necessary,
based upon the type of trash disposal facility. The number of recreational
facilities shall be determined by the number of units, in accordance
with the following table:
[Amended 9-21-1987 by Ord. No. 15-1987]
|
Dwelling Units
|
Tot Lots
|
Tennis Courts
|
Basketball Courts
|
Multipurpose Field
|
|---|---|---|---|---|
|
1 to 14
|
--
|
--
|
--
|
--
|
|
15 to 50
|
1
|
1
|
1
|
--
|
|
51 to 150
|
1
|
1
|
1
|
--
|
|
151 to 200
|
2
|
2
|
2
|
--
|
|
201 to 250
|
2
|
2
|
2
|
1
|
|
251 to 350
|
2
|
3
|
3
|
1
|
|
351 to 450
|
3
|
4
|
4
|
1
|
(3)
Parking spaces for off-street parking will be required
for each tennis court and each multipurpose field in the same area
and on the same site as that active recreation facility which it serves.
Four parking spaces will be required for each tennis court, and 20
spaces will be required for each multipurpose field. Paving specifications
for the off-street parking facility shall meet the parking standard
for paving in the commercial area.
(4)
A buffer area 30 feet in width shall surround the nonstreet side of each active recreational area and the parking area required to support the same. Said buffer area shall be designed, developed and maintained in accordance with the provisions for buffers set forth in § 250-22B of this chapter, particularly Subsection B(5)(a) thereof. Landscaping within the active recreation area itself may be used as a basis for the request for a reduction of the screening within the buffer area, and the type of active recreation facility which is bounded by a portion of the perimeter property line may also be used as a basis for a request for a reduction of the screening requirements (i.e., outfield of multipurpose field, as opposed to infield or foul lines, or tot lot, as opposed to basketball court or tennis court). The adequacy of the buffering, landscaping and screening must be approved by the Township Engineer and/or the Township Planning Consultant as part of the landscape plan presented to the reviewing authority.
(5)
Recreational facilities for a type different than
those mentioned above may be proposed for substitution by the developer
and submitted for approval of the Board. Recreational facilities shall
be substituted on a dollar-for-dollar cost basis with cost figures
submitted by the developer and shall be of a type to serve the same
age group for whose use the original recreational facility was intended.
(6)
Recreational facilities proposed for any section of
the development receiving final plat approval shall be completed prior
to issuance of 50% of the certificate of occupancy for said section
and prior to issuance of the building permits for any abutting and
adjacent dwelling unit.
(7)
All active recreational facilities shall be so located
where they are easily accessible for police review and inspection
so as to maintain safety, peace and order in the community.
(8)
Where two or more developments are proposed for construction
or are in the process of construction, which developments are either
adjacent to one another or are in close proximity to one another,
the number of dwelling units in the two developments shall be added
together to determine the type of recreation facilities needed for
the area, and the responsibility for providing and constructing the
recreation facilities so determined shall be allocated proportionately
between or among the developments.
[Added 9-21-1987 by Ord. No. 15-1987]
X.
Flags
and flagpoles.
[Added 11-10-2009 by Ord. No. 14-2009]
(1)
Flagpoles.
(a)
Number of flagpoles. One flagpole is permitted for each lot, except
that lots in excess of five acres shall be permitted up to three flagpoles.
(b)
Height of flagpoles. Flagpoles in residential zones or on lots used
for residential purposes shall not exceed 25 feet in height. Flagpoles
in nonresidential zones shall not exceed 35 feet in height.
(c)
Flagpole setbacks. In residential zones, the minimum setback is 25
feet. In nonresidential zones, the minimum setback is 35 feet.
(d)
Permits required. Building and zoning permits are required for each
flagpole.
(2)
Flags,
number and size. For each detached dwelling unit, two flags, each
not greater than 24 square feet in size, may be displayed. In all
multifamily developments and in all nonresidential zones, three flags,
each not greater than 40 square feet in size, may be displayed.
Y.
Temporary storage buildings.
[Added 11-8-2011 by Ord. No. 12-2011]
(1)
In all single-family detached housing districts, temporary storage
buildings shall be permitted, subject to the following:
(a)
Number: One per lot containing a single-family detached dwelling
unit.
(b)
Location: Shall be in the rear yard and shall satisfy the setback requirements for accessory buildings contained in § 250-22A.
(c)
Size: Shall not exceed 200 square feet or 12 feet in height.
(d)
Material: Covering material is limited to canvas; supports may
be either wood or metal.
(e)
Duration: Shall be permitted for a maximum of 180 days.
(f)
Permits: An application for a zoning permit shall be made to
the Township Construction Official. Permits shall not be extended
or renewed beyond the permitted 180 days. The property owner shall
not receive more than one permit in any one year.
(2)
All temporary storage buildings that do not satisfy all of the requirements
of this subsection shall be considered permanent accessory structures
and shall satisfy all building and zoning requirements for permanent
accessory buildings.
Z.
Existing communication towers.
[Added 11-8-2011 by Ord. No. 12-2011]
(1)
Additional antennas may be added to a non-conforming communications
tower and ground-mounted support equipment may be added to a communications
tower base complex in any zoning district, subject to the following:
(a)
The tower shall be preexisting.
(b)
No increase in the overall height of the tower shall be permitted.
(c)
A structural analysis indicating the ability of the tower to
support the additional antennas shall be submitted to the Township
Construction Official for review and approval.
(d)
No expansion of the lot area, leased area or fenced base complex
area shall be permitted.
(e)
An applicant shall demonstrate the need for the additional antennas
and/or support equipment in order to satisfy federal licensing requirements.
(f)
An applicant for additional antennas and/or additional ground-mounted
support equipment shall receive a zoning permit approval from the
Township Zoning Officer.
(2)
An applicant shall satisfy all of the requirements set forth in this
subsection or the applicant shall apply for a use variance in addition
to a minor site plan.
[Added 8-9-2011 by Ord. No. 11-2011]
A.
Solar energy systems.
(1)
PHOTOVOLTAIC PANEL
SOLAR ENERGY SYSTEM, ACCESSORY USE
SOLAR ENERGY SYSTEM, PRINCIPAL USE
Definitions. As used in this section, the following terms shall
have the meanings indicated:
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power and includes
flat plate, focusing solar connectors or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy or
array.
An energy system which converts solar energy to usable thermal,
mechanical, chemical or electrical energy to meet all or a significant
part of a principal building's energy requirements.
An energy system which converts solar energy to usable thermal,
mechanical, chemical or electrical energy and is primarily or solely
designed to generate energy for sale back into the energy grid rather
than being consumed on-site.
(2)
Solar energy systems, accessory use: where permitted.
(a)
Single-family homes. Solar energy systems shall be a permitted
accessory use and structure to a single-family home in all zoning
districts permitting single-family homes. Solar energy systems are
permitted subject to the following:
[1]
Solar energy systems shall be mounted parallel
to the roof of the principal structure. In no event shall a solar
energy system, or any accessory equipment, extend more than 12 inches
beyond the edge of the roofline or 12 inches above the highest point
of the roof surface or structure. No solar system shall cause any
structure to exceed the permitted height in the zone.
[2]
Solar energy systems may be attached to any accessory
building that satisfies zoning locational, setback and height requirements
for the zone. However, in no event shall solar energy systems be attached
to more than two accessory buildings on a single lot. No solar energy
system shall cause an accessory building to become nonconforming in
terms of height or setback requirements.
[4]
Solar energy systems attached or mounted to accessory structures,
such as fences or walls, are prohibited.
[5]
Solar energy systems as a permitted or principal use are prohibited
in all residential zoning districts.
[6]
Zoning and construction permits shall be required.
(b)
Office, retail, warehouse and industrial buildings; public buildings
and facilities; schools; religious facilities; and daycare and preschool
facilities.
[1]
Solar energy systems are permitted as an accessory use and/or structure.
Solar energy systems are permitted subject to the following:
[a]
Preliminary and final site plan approval shall
be required.
[b]
Solar energy systems may be roof-mounted on the
principal building and shall not exceed the permitted height in the
zoning district by greater than 10 feet. Solar energy systems may
also be ground mounted provided that the system is set back at least
50 feet from all property lines.
[Amended 4-4-2023 by Ord. No. 1-2023]
[c]
The principal use and building shall satisfy all
zoning bulk standards including lot size, setbacks and percent of
impervious area. A building may have an accessory solar energy system
if it is nonconforming in terms of floor area ratio.
[d]
Solar energy systems that are proposed to be ground-mounted
or attached to accessory buildings or structures are prohibited. Ground-mounted
accessory equipment may be ground-mounted but shall meet all applicable
setback requirements and shall be screened from view from adjacent
properties or public streets.
[2]
Solar energy systems that are proposed to be ground-mounted or attached
or mounted to accessory buildings or structures are prohibited.
(3)
Solar energy systems as a principal permitted use: where permitted.
(a)
In any industrial zoning district, a solar energy system as
a principal permitted use on a lot or multiple lots that contain 20
or more contiguous acres under common ownership. The following conditions
shall apply:
(b)
In any industrial zoning district, a solar energy system is
permitted as a secondary permitted use in relation to an existing
industrial or warehouse building, subject to the following:
[1]
Solar energy systems as a secondary permitted use
are permitted only on the roofs of industrial or warehouse buildings
and shall be screened from adjacent residential uses and public streets.
Ground-mounted systems are prohibited.
[2]
Accessory equipment is permitted to be ground-mounted
but shall meet all required district setbacks and shall be screened
from view from surrounding properties and streets.
With regard to multifamily housing units, the
developer shall, to the greatest extent feasible, alter the exterior
construction materials of the buildings or structures in order to
minimize the uniformity of appearance and shall design such buildings
or structures so that the rooflines thereof shall be broken up and
shall not be contiguous for more than 40 feet, so as to give the buildings
or structures within the project an individual appearance within reasonable
limits. The front facade of any multifamily housing dwelling unit
shall not continue on the same plane for a distance of more than the
width of two connected dwelling units, and all offsets between front
facades shall be at least four feet in depth. If garages are to be
provided, they shall be an integral part of the structure and design
scheme. In order to provide variety in architectural appearance, all
construction of multifamily housing shall be in accordance with the
following table, entitled "Proposed Multifamily Variety Coefficient,"
which establishes building point credits for various types of construction
and building point requirements based on the number of units involved.
|
Proposed Multifamily Variety Coefficient
Building Point Requirements
| |
|---|---|
|
Units
|
Points
|
|
2
|
16
|
|
3
|
20
|
|
4
|
24
|
|
5
|
28
|
|
6
|
32
|
|
Proposed Multifamily Variety Coefficient
Building Point Requirements
| ||
|---|---|---|
|
Factor
|
Number of Points
| |
|
Front and side offsets
| ||
|
4 to 6 feet
|
1 per unit
| |
|
6 feet and over
|
3 per unit
| |
|
Bay windows
|
1 per unit; maximum of 1/2 of units in building
| |
|
Overhang dormers
|
2 per unit; maximum of 1/2 of units in building
| |
|
Floor level changes
|
1 per unit
| |
|
Story changes
|
4 per variation
| |
|
Rooflines, major slope changes
|
3 per unit
| |
|
Mansard or gambrel roofs
|
3 per unit, maximum of 1/2 of units in building
| |
|
Material changes
| ||
|
Masonry frames
|
3 per unit
| |
|
Texture only
|
1 per unit
| |
|
Window and door varieties
|
2 per unit
| |
|
Compatible architecture
|
4 per building
| |
|
Compatible colors
|
2 per building
| |
|
External fireplaces on front or side facades
|
2 per dwelling unit
| |
|
Covered entryways
|
1 per unit
| |
|
Covered porches
|
2 per unit
| |
|
Garages integrated with dwellings
|
3 per dwelling unit; maximum of 1/2 of units
in building
| |
|
Integrated external access storage areas
|
1 per unit; maximum of 1/2 of units in building
| |
[Amended 11-10-1998 by Ord. No. 24-1998; 4-22-2003 by Ord. No. 10-2003]
Sight triangles shall be required at each quadrant
of an intersection of streets and streets and driveways. The area
within sight triangles shall be either dedicated as part of the street
right-of-way or maintained as part of the lot adjoining the street
and set aside on any subdivision or site plan as a sight triangle
easement. Within a sight triangle, no grading, planting or structure
shall be erected or maintained more than 30 inches above the street
center line or lower than 12 feet above the street center line. The
sight triangle is determined by the standards included in ASSHTO's
Policy on Geometric Design of Highways and Streets, 2001. The classification
of existing and proposed streets shall be those shown on the adopted
Master Plan or as designated by the Land Development Board at the
time of the application for approval for a new street not included
on the Master Plan. A sight triangle easement dedication shall be
expressed on the site plan as follows: "Sight triangle easement subject
to grading, planting and construction restrictions, as provided for
in the Zoning Ordinance of the Township of Westampton." Portions of
a lot set aside for the sight triangle may be calculated in determining
the lot area and may be included in establishing the minimum setback
provisions of this chapter.
[Amended 9-13-2005 by Ord. No. 20-2005]
A.
Definitions. Definitions for signs shall be as defined
in The New Illustrated Book of Development Definitions by Moskowitz
and Lindbloom, as amended, revised, updated or rewritten, unless modified
by this chapter.
B.
Permit required.
(1)
It shall be unlawful for any person, firm or corporation
to erect, alter, locate or relocate, reconstruct or change in any
manner any sign or signs greater than six square feet in area without
first having obtained and having in force and effect a permit for
the location of such sign or signs from the Construction Official.
(2)
Any person, firm or corporation desiring to procure
a permit to maintain a sign in the Township of Westampton shall file
with the Construction Official a written application which shall consist
of an accurate description of the location or the proposed location
where said sign is to be erected and a diagram of each sign that the
applicant desires to erect, alter, locate or relocate, use or maintain.
Such application shall be signed by the applicant who shall also indicate
his post office address and supply any and all information that the
Construction Official may reasonably require in order to determine
properly whether the proposed location of the sign complies with the
provisions of this chapter.
C.
Exceptions, no permit required.
(1)
The changing of the advertising copy or message on
an approved sign.
(2)
Normal maintenance and repairs, unless a structural
change is made.
(3)
Real estate signs temporarily advertising the sale,
rental or lease of the premises or portion thereof shall be, if not
attached to the building, set back at least 10 feet from all street
and property lines. Such signs shall not exceed eight square feet
in area for residential advertising nor 35 square feet for commercial
and industrial uses. Such signs shall be removed at the expense of
the advertiser within 15 days after the termination or completion
of the matter or business being advertised. No more than one sign
shall be permitted along each street on which the building has frontage.
Real estate signs shall be permitted only on the lot that the sign
is advertising.
(4)
Directional signs to real estate open houses may be
permitted from the nearest designated main street, at the entrance
to a development, and on street corners directing potential buyers
to the advertised property. Such signs shall be posted no earlier
than 24 hours prior to an open house event and shall be removed no
later than one hour after such event. Attachments to open house signs
must be attached firmly and be constructed of material that is reusable
or otherwise environmentally sensitive.
[Amended 10-9-2012 by Ord. No. 18-2012]
(5)
Temporary signs. No more than one sign advertising
the name of the building under construction, the general contractor,
the subcontractor, the financing institution, any public agencies
or officials and the professional personnel who worked on the project
is permitted on a construction site, beginning with the issuance of
a building permit and terminating with the issuance of a certificate
of occupancy for the structure or the expiration of the building permit,
whichever comes first. Such sign shall not exceed an area of 32 square
feet.
(6)
Temporary political signs not exceeding 32 square
feet in area may be erected on any privately owned lot or parcel.
Political campaign signs on cardboard not exceeding six square feet
in area are permitted in all districts. No such sign shall be erected
more than 30 days prior to the election or referendum which it purports
to advertise, and all such sign shall be removed within five days
after the event.
D.
Prohibited signs in all zoning districts.
(1)
A sign advertising goods and/or services not sold
or performed on the lot on which the sign is located shall not be
permitted, including billboards.
(2)
No flashing sign of any type may be erected.
(3)
No signs shall be so placed as to impede or interfere
in any way with the operation of a traffic light, traffic directional
signal or general traffic vision.
(4)
No advertising sign or device may be erected or used
on top of any building.
(5)
Portable signs.
(6)
Any sign or illumination that causes any direct glare
into or upon any road or any building other than the building to which
the sign may be related.
(7)
Animated, flashing, illusionary and windblown signs.
Signs using mechanical and/or electrical devises to revolve, flash
or display movement or the illusion of movement as well as windblown
signs are prohibited. Windblown signs shall include, but not be limited
to, pennants, streamers, propellers and balloons. Searchlights used
for the attraction of attention to a commercial facility are also
prohibited.
(8)
Changeable copy signs, either manually or electrically
changed, except as permitted for institutional uses.
E.
Sign measurements.
(1)
The area of a sign shall mean and shall be computed
as the area to the outside edge of the frame surrounding the sign
or by the edge of the sign if no frame exists. When no frame or edge
exists, the area shall be defined by a projected, enclosed parallelogram
drawn to include all figures, letters, pictures and graphics on such
sign. Multifaceted signs shall not exceed the area allowed for standard
signs.
(2)
Street number designations, postal boxes, family names
on residences, on-site traffic directional and parking signs, signs
posting property as "Private Property," "No Hunting" or similar purposes,
and "Danger" signs around utility and other danger areas are permitted
but are not to be considered in calculating the sign area.
(3)
The limitations of sign area prescribed in this chapter
for permitted commercial and industrial uses shall not apply to parking
lot markers, directional signs or entrance and exit signs erected
on the premises, provided that each such sign does not exceed four
square feet in area, that the number and the location of such signs
are approved by the reviewing authority and that no such sign contains
any advertising matter.
F.
Promotional activities — permit required. A
special permit shall be available for a temporary sign promoting a
special event or activity to be no larger than four feet by four feet
or 16 square feet. The permit shall be valid for up to 30 days subject
to extension of 30 days for no more than three consecutive extensions.
Only two special permits per year per business may be issued. A sign
permit shall be required, which permit is available from the Construction
Official. The temporary sign promoting the special event or activity
shall not be located where it obstructs visibility or constitutes
a traffic hazard in the opinion of the issuing officer. Signs which
are otherwise prohibited under these provisions may be allowed under
this special-temporary permit.
[Amended 12-5-2016 by Ord. No. 26-2016]
G.
General requirements.
(1)
Retail.
[Amended 5-8-2007 by Ord. No. 10-2007; 11-10-2009 by Ord. No.
14-2009]
(a)
Retail, office, manufacturing or warehouse freestanding signs shall
be monument- or ground-mounted with a maximum height of eight feet,
including the base. The base shall be no higher than four feet, the
length shall be 100% of the length of the sign and the base shall
not be considered part of the permitted sign size.
(b)
Subject to the approval of the Land Development Board, the overall
height of a freestanding sign may be increased up to 15 feet conditioned
on the following:
[1]
For increased height between eight and 12 feet, the sign size shall
be reduced to 40 square feet and the length of the base shall be reduced
to 75% of the length of the sign.
[2]
For increased height between 12 feet, one inch, and 15 feet, the
sign size shall be reduced to 30 square feet and the length of the
base shall be reduced to 50% of the length of the sign.
(c)
Retail, office, manufacturing or warehouse buildings with a front
yard setback of 30 feet or less shall not be permitted a freestanding
sign. In lieu of a freestanding sign, such a building shall be permitted
an additional facade sign totaling 25 square feet to be mounted on
a side wall of the building.
(2)
All signs shall be set back a minimum of 10 feet from
all property lines.
[Amended 11-10-2009 by Ord. No. 14-2009]
(3)
All signs shall be located outside all sight triangles.
(4)
Attached signs shall be affixed parallel to the wall
to which they are attached and project no more than 15 inches from
this surface of the wall.
(5)
Illuminated signs shall be arranged to reflect the
light and glare away from adjoining lots and streets. No sign shall
be permitted if said sign contains or uses a beam, beacon or flashing
illumination. All signs lighted externally shall be lit from the bottom
and be shielded from adjoining lots, streets and interior drives and
with the light source angled no closer to the horizontal than two
vertical to one horizontal. All lights shall be either shielded or
shall have a translucent fixture to reduce off-site effects.
(6)
Signs permitted for conditional uses. Conditional
uses are allowed in accordance with the provisions of the sign regulations,
no matter in what district the conditional use is located, except
as specifically modified in the provisions for that conditional use.
(7)
Maintenance. Signs shall be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated.
H.
Residential development permanent identification sign.
Signs for each residential development shall not exceed 32 square
feet on each side. If the sign consists of additional architectural
features or improvements that are intended to establish a theme, logo
or special identification for the project, then the 32 square feet
may be applicable only to the area of the lettering. Architectural
features that are harmonious with the sign may include, but shall
not be limited to, brick, stone or wood focal features, fences, walls
and pedestrian shelters. All signs shall be located within the development
and may be located adjacent to any street bounding the development
and shall not exceed two in number per project. All signs and architectural
features shall not exceed six feet in height from ground level.
I.
Institutional uses including religious facilities;
schools; child-care facilities; governmental buildings and uses, including
fire and emergency management stations; libraries; public works facilities;
parks and recreation facilities; and lodges and fraternal organizations.
Such uses may be permitted one identification, building-mounted sign
not exceeding a total of 32 square feet in area. Freestanding signs,
limited to one per use, with or without a bulletin board or reader
board, shall be permitted, provided that the sign does not exceed
32 square feet on each side. A bulletin board or reader board allows
for changeable copy of text. Letters shall not exceed three feet in
height. The height of the freestanding sign shall be a maximum of
six feet.
J.
Shopping centers; office, warehouse and/or industrial
parks.
(1)
In all projects, a master sign program shall be submitted
for review and approval. The master sign program shall show the proposed
color combinations as well as the locations and the sizes of all signs.
(2)
The overall project shall be permitted freestanding
project identification signs, one along each existing perimeter street
or highway. These signs shall identify only the name and the logo
of the entire project. The maximum size for each sign shall be 100
square feet.
(3)
Individual tenants within a shopping center shall
not be permitted a freestanding sign.
(4)
Each office, warehouse or industrial building shall
be permitted one freestanding sign indicating either the name and
the logo of the building, the address of the building, or both. The
sign shall not be greater than 50 square feet in size.
(5)
Shopping centers and each office, warehouse or industrial
building shall be permitted one or more tenant directory signs for
multi-occupied buildings. These signs shall be located within the
parking lot near the vehicular access points. These signs shall be
monument-based and ground-mounted horizontally and shall not be raised
in the air on poles. These signs may list the occupants of the building,
suite numbers and directional arrows. Such signs shall be a maximum
of 16 square feet with a maximum height of six feet.
(6)
Facade signs.
(a)
Shopping centers. A facade sign board or area
shall be uniformly provided for the entire project. Individual facade
sign boxes shall be not more than three feet high and shall contain
not more than two lines of text. The length shall not exceed 15 feet,
and there shall be six feet of open space separating any two signs.
[Amended 5-8-2007 by Ord. No. 10-2007]
(b)
Banks shall be permitted one facade sign as
specified above. In addition, a separate facade sign not to exceed
24 square feet shall be permitted as part of an exterior, wall-mounted,
money access machine.
(c)
Each office, warehouse or industrial building
may be permitted one facade sign indicating the name and the logo
of the building. If the building name is the same as a tenant, then
that tenant must occupy at least 60% of the rentable area of the building.
These signs and logos shall not exceed three feet in height. The length
shall not exceed 20 feet. The overall length shall include all letters,
numbers, logos and open areas between sign features.
[Amended 5-8-2007 by Ord. No. 10-2007]
(d)
Each tenant in a multi-occupied office, warehouse
or industrial building may be permitted a wall-mounted sign next to
entry doors listing the occupant's name, suite number and logo. These
signs shall not be greater than 12 inches by 12 inches. These signs
may also be painted on the entry doors. Individual tenants in a shopping
center are permitted such signs in relation to side and rear doors
only.
K.
Commercial buildings not located in a shopping center;
or office, warehouse and/or industrial park.
(1)
Retail, restaurant, hotels and motels:
(a)
One facade sign not to exceed a maximum of 40
square feet.
(b)
A restaurant within a hotel or motel and open
to the general public shall be permitted a forty-square-foot facade
sign that is in addition to the hotel or motel facade sign.
(c)
One freestanding sign indicating the name and
the logo of the tenant and the street address shall be permitted.
Such signs shall not exceed fifty-square feet in size. A restaurant
located within a hotel or motel and open to the general public shall
be permitted a fifty-square-foot panel that shall be attached to the
freestanding sign associated with the hotel or motel.
(2)
Office, warehouse and industrial buildings. Freestanding directory and facade signs shall be as specified in § 250-25J(4), (5) and (6)(c) and (d).
L.
Rancocas Village Historic District. In addition to
conforming to the regulations contained in this chapter, approval
for the construction, alteration, erection or display of any sign
within the Village shall be subject to Historic Preservation Commission
("HPC") review and recommendation. The Land Development Board shall
refer the plans to the HPC (Appearance Committee) and take its comments
under consideration while conducting the review of the proposed plans
as they relate to the appearance, lettering, color, size, position,
method of attachment, texture of materials and design in order to
establish that the proposed sign conforms to the historical and districtive
character of the Village and does not injuriously affect the same
or impair the value of the adjoining properties, the District in general
or those buildings having architectural and historical worth in the
immediate area.
[Amended 8-15-1988 by Ord. No. 11-1988; 3-6-1989 by Ord. No. 4-1989; 4-28-1998 by Ord. No. 8-1998; 11-10-1998 by Ord. No. 20-1998; 11-10-1998 by Ord. No. 22-1998; 11-10-1998 by Ord. No. 24-1998]
A.
Guiding principles. Recognizing that certain uses,
activities and structures are necessary to serve the needs and convenience
of the Township of Westampton and at the same time recognizing that
such uses may be or become inimical to the public health, safety and
general welfare, if located and operated without proper consideration
being given to existing conditions and character of the surrounding
area, such uses are hereby designated as conditional uses, formerly
known as "special exception uses" or "uses requiring a special use
permit." The appropriate reviewing authority for a conditional use
shall be the Land Development Board of the Township of Westampton,
provided that the applicant can meet all of the conditions for the
use as are set forth in this chapter. If any of the conditions require
a variance, the entire matter shall be submitted to the Zoning Board
of Adjustment of the Township as a D variance or use variance pursuant
to the provisions of N.J.S.A. 40:55D-70d.
B.
Places of worship.
(1)
The proposed use is a bona fide nonprofit religious
use.
(2)
The proposed use in the proposed location will not
adversely affect the safe and comfortable enjoyment of property rights
and otherwise adversely affect the value of adjacent properties; that
the design of any structures to be erected in connection with such
use is in keeping with the general character of the residential area;
and that sufficient landscaping, including trees, shrubs and lawn,
is provided to appropriately buffer said use from adjoining residential
properties and to ensure an attractive appearance for the use.
C.
Shopping centers.
(1)
Minimum lot size: two acres.
(2)
Width at building line: 250 feet minimum.
(3)
Front yard setback: in accordance with the zoning
district in which the use is located.
(4)
Rear yard setback: in accordance with the zoning district
in which the use is located.
(5)
Side yard setback: in accordance with the zoning district
in which the use is located.
(6)
Height limitations: maximum to highest roof ridge
or parapet coping, 35 feet, excluding architectural roof appurtenances
such as chimneys, balustrades and cupolas.
(8)
Off-street parking spaces required.
(b)
Size.
[1]
Nonemployee parking: 10 feet by 20 feet, except
that parking spaces abutting a pedestrian walkway with a width of
at least five feet or parking spaces abutting aisle dividers, landscaping
islands or parking islands may be 10 feet by 18 feet.
[2]
Employee parking: nine feet by 20 feet. Employee
parking shall be physically separated from nonemployee parking. A
length of 18 feet for employee parking shall only be permitted for
spaces abutting a pedestrian walkway with a width of at least five
feet or for parking spaces abutting aisle dividers, landscaping islands
or parking islands.
D.
Motor vehicle service stations.
[Amended 9-13-2005 by Ord. No. 20-2005; 3-6-2017 by Ord. No. 1-2017]
(1)
In addition to the information required in the site plan, said plan
shall also show 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 the ground, the number and location of pumps
to be installed, the type of structure and accessory buildings to
be constructed, the number of automobiles which are to be garaged,
parking and vehicular circulation and the relationship of the proposed
use to the highways, streets and adjacent properties.
(2)
No conditional use will be granted unless it is determined that the
proposal satisfies the following aesthetic considerations:
(a)
The design of any building in connection with such facilities,
as far as the general character of the area, will not be a substantial
detriment to the property rights of others in the zone.
(b)
Adequate and attractive fences and other safety devices will
be provided.
(c)
Sufficient landscaping, including shrubs, trees and lawn, is
to be provided and will be periodically maintained.
(d)
Adequate off-street parking will be provided.
(e)
All of the area, yard and building coverage requirements of
the respective zone will be met.
(3)
The following standards shall apply to any such conditional use:
(a)
The entire area of the site traveled by motor vehicles shall
be hard-surfaced.
(b)
Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicles will be offered for sale on the site.
No motor vehicle parts or partially dismantled motor vehicles will
be stored outside of an enclosed building.
(c)
No vehicles shall be permitted to be standing or parked on the
premises of a motor vehicle service station other than those used
by the employees in the direct or indirect operation of the establishment
and those being serviced therein. A maximum of 10 motor vehicles shall
be parked on the premises at any one time, and none shall remain standing
for more than seven days, with the exception that the Zoning Officer
shall have the power to extend the seven-day provision, for good cause
shown, for a period of time not to exceed 30 consecutive days, provided
that the service station owner or operator makes a written application
to the Zoning Officer and pays an application fee of $10. Noncompliance
with the provisions of this section shall be just cause for revocation
of the permit required by this section.
(4)
No more than two service stations may be located at any one intersection.
(5)
Outdoor displays of the accessory goods for sale may be erected on
the pump island and on the building island only, provided that they
are in a suitable rack or stand.
(6)
Parking facilities shall be provided in the ratio of one parking
space for every 100 square feet of floor area in the principal building
which is specifically devoted to use as a motor vehicle service station.
Additional parking will be required if any portion of the site is
used as a convenience store.
(7)
Where the motor vehicle service station abuts a residential area
(either a residential zone or an existing residential use), the motor
vehicle service station shall provide buffering in accordance with
the terms of this chapter, or as otherwise specifically approved by
the Planning Board based on specific site conditions.
(8)
All fuel pumps shall be located at least 25 feet from any street
or property line. A minimum space of 20 feet shall exist between any
two islands and between any island and the service station building.
(9)
No motor vehicle service station shall display for sale, rental or
storage any motor vehicle or utility trailer or van or truck.
(10)
Motor vehicle service stations shall comply with lot area and
width requirements of the zone in which they are located.
(11)
Signage is permitted as follows:
(a)
One facade sign for each building entrance, not to exceed three
feet high and 40 square feet in size.
(b)
If fuel island canopies are proposed, one additional sign attached
to each canopy is permitted. Each sign shall not exceed three feet
high and 40 square feet in size.
(c)
One freestanding sign for each street frontage not to exceed
60 square feet.
(d)
A panel may be included within the permitted area of the freestanding
sign advertising gasoline grades and prices. The panel shall not increase
the height of the freestanding sign.
E.
Repair garages and body shops.
(1)
The design of any building in connection with such
facilities, as far as the general character of the area, will not
be a substantial detriment to the property rights of others in the
zone.
(2)
Adequate and attractive fences and other safety devices
will be provided.
(3)
Sufficient landscaping, including shrubs, trees and
lawn, is provided and will be periodically maintained.
(4)
Adequate off-street parking will be provided.
(5)
All of the area, yard and building coverage requirements
of the restrictive zone will be met.
(6)
The entire area of the site traveled by motor vehicles
shall be hard-surfaced.
(7)
Any repair of motor vehicles shall be performed in
a fully enclosed building, and no motor vehicles will be offered for
sale on the site.
(8)
No motor vehicles shall be parked on the premises
and remain standing thereon for more than 14 consecutive days. For
purposes of this section, the term "motor vehicle" shall include partially
dismantled motor vehicles or any group of motor vehicle parts, as
well as motor vehicles in apparently operable condition. Noncompliance
with the provisions of this section shall be just cause for the revocation
of the permit required by this section and of the certificate of occupancy.[3]
[3]
Editor's Note: Former Subsection E(9), pertaining
to signs, which immediately followed this section, was repealed 9-13-2005
by Ord. No. 20-2005.
F.
Hospitals or nursing homes; congregate care facilities;
residential care facilities.
(1)
A "residential care facility" is an integrated complex
consisting of individual dwelling units with or without cooking facilities
in each unit and which provides a common dining area which may be
available to the residents of the complex. Medical facilities are
usually not provided, which distinguishes this type of facility from
a nursing home.
(3)
Parking spaces shall be nine feet by 18 feet in size
for perpendicular spaces used for employee parking and 10 feet by
20 feet in size for patient, guest or visitor parking. The number
of spaces shall be computed at 0.333 parking space per bed for patient,
guest or visitor parking, plus two spaces for each employee determined
based on the highest shift. Only 1/2 of the aforesaid employee parking
need be improved as part of the initial construction of the facility.
(4)
A landscape plan showing adequate and appropriate
buffering and screening must be approved.
(5)
All signs shall be reviewed by the approving authority
that approves the developmental plan, whether said signs are illuminated
or not, and meet the number and size requirements for commercial uses
set forth elsewhere in this chapter, unless express provisions changing
the general requirements are set forth elsewhere in this section.
(6)
All utility and service areas shall be adequately
screened and buffered.
(7)
No standing sign shall exceed 15 feet in height. All
signs shall be reviewed by the approving authority that approves the
developmental plan, whether said signs are illuminated or not, and
meet the number and size requirements for commercial uses set forth
elsewhere in this chapter, unless express provisions changing the
general requirements are set forth elsewhere in this section.
(8)
Buffers. Forty-foot-wide grass border strips or a
twenty-foot-wide landscaped or bermed border strip shall be established
between any improved surface and any property line. With respect to
the landscaped and bermed border strip, the combination of topography
and planting shall not exceed 30 inches in height. The requirement
of this section may be waived by the Land Development Board if such
a border strip would serve no useful purpose or may be reduced to
10 feet if the Board determines that the landscaping and berming provided
is ample enough to serve as a basis for the reduction.
(10)
Units. Rooms or units within those facilities
such as congregate care facilities and residential care facilities
which are intended for human occupancy on a long-term basis shall
contain an interior dimension of not less than 200 square feet and
shall contain toilet, bathing and sleeping facilities as well as living
space. If cooking facilities are included, the interior dimension
shall not be less than 250 square feet.
(11)
Density. There shall be a density of not greater
than 15 units per gross tract acre for each facility two stories or
less in height. A facility of greater height consisting of more stories
than two shall be accorded a proportionate density increase depending
upon the number of stories allowed.
(12)
Drives, parking areas, loading zones and trash
enclosures, impervious cover and signs all shall meet the standards
set forth in this chapter for commercial and industrial uses unless
specifically modified herein.
(13)
All facilities shall be protected by an approved
manual fire alarm system. All facilities shall be protected by an
approved automatic sprinkler system. Any facility exceeding two stories
shall have elevator service provided.
G.
Funeral homes.
(1)
Buildings will not occupy more than 25% of the lot
area, and total improvement coverage shall not exceed 75%.
(2)
The appropriate area and number of off-street parking
spaces have been established and met. The burden shall be on the applicant
to show that the property will be so situated that no traffic problems
are likely to result and to produce plans showing off-street parking
and proposed traffic flow and proposed location of cars or vehicles
lining up for funeral processions. The proofs must show that the property
is adequate in size and so located as to prevent congestion.
(3)
All signs shall be reviewed by the approving authority
that approves the developmental plan, whether said signs are illuminated
or not.
(4)
All adjacent single-family detached residential uses,
zones or districts, whether constructed or to be constructed, shall
be buffered.
H.
Lodges and fraternal organizations.
(1)
The facilities involved shall consist of halls, meeting
places or clubhouses belonging to an association of persons formed
for mutual aid and benefit, but not for profit, providing social,
recreational or cultural opportunities for members.
(2)
The applicant shall set forth a statement of full
particulars on the operation of the proposed use and a complete list
of current officers, including names and resident addresses.
(3)
The applicant shall provide sufficient information
to enable the Board to determine that the proposed use is a bona fide
nonprofit organization operated solely for the recreation and enjoyment
and use of the members of said organization.
(4)
All adjacent single-family detached residential uses,
zones or districts, whether constructed or to be constructed, shall
be buffered.
(5)
The design of any building in connection with such
facilities, as far as the general character of the area, will not
be a substantial detriment to the property rights of others in the
zone.
(6)
Buildings will not occupy more than 25% of the lot
area, and total improvement coverage shall not exceed 75%.
(8)
All utility and service areas shall be adequately
screened and buffered.
I.
Satellite antennas.
(1)
Definitions. A "satellite antenna" is any apparatus,
commonly known as a "dish antenna," which is designed for the purpose
of receiving satellite television transmissions.
(2)
Permit; required fee. No satellite earth station antenna,
including its mount, shall be built, erected or modified unless a
building permit is issued by the Construction Official. Any person,
which shall include corporations, partnerships, associations or any
other legal entity, applying for such a permit shall furnish to the
Construction Official such plans, drawings and specifications as he
may reasonably require as to the satellite earth station antenna to
be constructed, erected or modified and shall pay a fee equal and
equivalent to the sum of $6 per $1,000 of the value of the costs of
said construction and installation of said satellite antenna commonly
known as a "satellite dish."
(3)
Conditional use. The satellite earth station, commonly
known as a "satellite dish," is permitted in all zones as a conditional
use after the following requirements are met:
(a)
A dish antenna is only permitted as an accessory
use on a lot which contains a principal structure.
(b)
A dish antenna is not permitted in the front
yard of any structure.
(c)
A dish antenna is permitted on the roof of a
structure, provided that the top of the dish antenna does not exceed
three feet from the highest part of the roof. Only perforated dishes
are allowed on roofs.
(d)
No lot may contain more than one dish antenna
as heretofore regulated.
(e)
No dish antenna placed anywhere on any lot shall
exceed a height of 14 feet from ground level to its uppermost extremity,
with a dish diameter not to exceed 12 feet. Dish antennas on lots
may be solid dishes.
(f)
If the satellite antenna is to be placed in
a side yard, it is to conform to the same bulk requirements as are
required for principal buildings in the development regulations of
the Township of Westampton. If the satellite antenna is to be placed
in a rear yard, it is to conform to the same setback requirements
as govern the location of accessory buildings. Any inconsistencies
between this section and any other section of the Zoning Code will
be resolved in favor of this section.
(g)
Dish antennas are not permitted on lots containing
multifamily dwellings, except that the same are allowed on lots containing
twins or duplexes.
J.
Hotels and motels.
(2)
Units. Rooms or units within the facility intended
for human occupancy shall contain an interior dimension of not less
than 200 square feet and shall contain toilet, bathing and sleeping
facilities as well as living space. If cooking facilities are included,
the interior dimension shall not be less than 250 square feet.
(3)
Density. The density shall be not greater than 15
units per gross tract acre for each facility two stories or less in
height. A facility of greater height consisting of more stories than
two shall be accorded a proportionate density increase depending upon
the number of stories allowed.
(4)
All drives, parking areas, loading zones and trash
enclosures, impervious cover and signs shall meet the standards set
forth in this chapter for commercial and industrial uses unless specifically
modified herein.
(5)
Buffers and setbacks shall be the same as those for
hospitals and nursing homes, etc.
(6)
Parking. One parking space per unit intended for human
occupancy shall be provided, plus two spaces for each employee determined
based on the highest shift. Only 1/2 of the aforesaid employee parking
need be improved as part of the initial construction of the facility.
All spaces for employee parking shall be at least nine feet by 18
feet for perpendicular parking. All spaces for visitor or guest parking
shall be 10 feet by 20 feet.
(7)
Ballrooms, conference rooms, meeting rooms and similar
assembly facilities are permitted in these facilities. Parking requirements
for such facilities shall be based on 25% of the maximum occupancy
permitted under the Building and Fire Codes[6] for the aforesaid assembly facilities. Restaurants shall
meet the requirements for parking as set forth elsewhere in this chapter
or 25% of the maximum occupancy permitted under the Building and Fire
Codes, whichever number is greater. Parking space shall be 10 feet
by 20 feet.
(8)
As part of the hotel or motel, commercial uses may
be located therein, limited to the following types of uses and restrictions:
(a)
Dispensing of drugs, flower shops, laundry and
dry-cleaning pickup station, restaurants, food and beverage service
facilities, snack bars and sundry shops.
(b)
Public entry to the commercial facility shall
be from the interior of the building, with no direct public entrance
from street or outside of building permitted.
(c)
No merchandise or merchandise display windows
shall be visible from outside the building.
(9)
All facilities shall be protected by an approved manual
fire alarm system. All facilities shall be protected by an approved
automatic sprinkler system. All facilities exceeding two stories shall
have elevator service provided.
(11)
A landscape plan showing adequate and appropriate
buffering and screening must be approved.
(12)
All utility and service areas shall be adequately
screened and buffered.
K.
Office or research park development in the B-1 Zone.
(1)
Minimum tract size shall be 15 acres.
(2)
Tracts shall be developed with interior streets to
reduce the number of access points on arterial and collector streets.
(3)
The average lot size in the park shall not be less
than four acres.
(4)
The minimum lot size shall be 2.5 acres.
(5)
No lots of less than four acres may be created by
subdivision until a sufficient number of lots in excess of four acres
have been subdivided to maintain the minimum average lot size of four
acres, except that in any event, no more than half the total number
of resulting lots may be less than four acres. (For purposes of this
chapter in determining building setbacks and other site requirements,
a leased area that is not a subdivided lot shall nevertheless use
the boundaries of the leased area in the same manner as if the boundaries
were the subdivided lot lines.)
(6)
The minimum lot frontage, width and depth, required
yards, maximum building height, maximum building coverage, maximum
floor area ratio (FAR) and maximum impervious coverage shall be as
required in the Schedule of Area, Yard and Bulk Requirements, Table
II, for four acre lots.[8]
[8]
Editor's Note: Said table is located at the
end of this chapter.
L.
Office or research park development in the OR-I Zone.
(1)
Minimum tract size shall be 25 acres.
(2)
Tracts shall be developed with interior streets to
reduce the number of access points on arterial and collector streets.
(3)
The average lot size in the park shall not be less
than 10 acres.
(4)
The minimum lot size shall be five acres.
(5)
No lots of less than 10 acres may be created by subdivision
until a sufficient number of lots in excess of 10 acres have been
subdivided to maintain the minimum average lot size of 10 acres, except
that in any event, no more than half the total number of resulting
lots may be less than 10 acres. (For purposes of this chapter in determining
building setbacks and other site requirements, a leased area that
is not a subdivided lot shall nevertheless use the boundaries of the
leased area in the same manner as if the boundaries were the subdivided
lot lines.)
(6)
The minimum lot frontage, width and depth for parcels
less than 10 acres shall be 300 feet, with minimum building setbacks
of 65 feet from front and rear lot lines and 50 feet from side lot
lines, except a minimum setback of 100 feet from any residential zone
line.
M.
Office or research park development in the OR-2 and
OR-3 Zones.
(1)
Minimum tract size shall be 15 acres.
(2)
Tracts shall be developed with interior streets to
reduce the number of access points on arterial and collector streets.
(3)
The average lot size in the park shall not be less
than four acres.
(4)
The minimum lot size shall be 2.5 acres.
(5)
No lots of less than four acres may be created by
subdivision until a sufficient number of lots in excess of four acres
have been subdivided to maintain the minimum average lot size of four
acres, except that in any event, no more than half the total number
of resulting lots may be less than four acres. (For purposes of this
chapter in determining building setbacks and other site requirements,
a leased area that is not a subdivided lot shall nevertheless use
the boundaries of the leased area in the same manner as if the boundaries
were the subdivided lot lines.)
(6)
The minimum lot frontage, width and depth, required
yards, maximum building height, maximum building coverage, maximum
floor area ratio (FAR) and maximum impervious coverage shall be as
required in the Schedule of Area, Yard and Bulk Requirements, Table
II.[10]
[10]
Editor's Note: Said table is located at the
end of this chapter.
N.
Bed-and-breakfast facilities.
(1)
The habitable area of any dwelling used for a bed-and-breakfast
facility shall exceed 3,000 square feet. Basements and unfinished
attics shall not be counted as part of this computation.
(2)
A residential dwelling containing overnight or short-term
sleeping accommodations for paying guests, limited to two such rooms,
suites or units. Occupancy of each unit or suite is limited to a maximum
of two adults and two children.
(3)
The owner of the establishment must reside on the
premises.
(4)
The character of the structure must be maintained
and continued as a single-family residence.
(5)
A central dining area may be utilized to furnish meals
to guests only. Individual kitchen facilities and restaurant service
to the general public are prohibited.
(6)
Guest stays are limited to 14 consecutive days of
any period of 90 successive days.
(7)
If the cartway which the property fronts is not wide
enough to permit on-street parking on both sides of the street, off-street
parking must be provided as follows:
(a)
Two parking spaces for the owners and/or employees
of the residence and one parking space for each bed-and-breakfast
unit or suite. The owner operator of the bed-and-breakfast shall require
all employees and guests to use the off-street parking.
(b)
All parking spaces shall be 10 feet by 20 feet
in size.
(c)
Driveways may be used to satisfy this requirement.
(d)
Off-street parking at a different premise may
be used to satisfy this requirement where the entitlement to such
parking is established under a recorded lease which shall be required
for the conditional use permit to become and remain valid.
(8)
Signs. One or more signs indicating only the name, occupancy or purpose of such building for any bed-and-breakfast facility or identifying the off-street parking area, provided that the aggregate area of such signs shall not exceed six square feet and no individual sign shall exceed four square feet. The signs shall not be internally illuminated. Either top or bottom lighting may be used with the lighting and sign to be arranged to reflect the light and glare away from adjoining lots and streets. Criteria pertaining to signs as set forth in § 250-23 shall be followed unless they conflict with other provisions set forth in this subsection.
(9)
As part of a conditional use application, a site showing
the signage, including location and type and parking, shall be required.
P.
Warehouse, distribution center.
[Added 4-4-2023 by Ord.
No. 1-2023]
(1)
Minimum lot area shall be 20 acres.
(2)
Principal structures shall be located at least 1,000 feet from any
school or residential building.
(3)
The following minimum building setback and landscape buffer requirements
shall apply:
|
Building(s) Size
(square feet)
|
Front Yard Setback
(feet)
|
Side and Rear Yard Setback
(feet)
|
Minimum Landscape Buffer Width
(feet)
|
|---|---|---|---|
|
Less than 100,000
|
125
|
100
|
50
|
|
100,000 to 500,000
|
150
|
125
|
75
|
|
500,000 +
|
250
|
150
|
100
|
(4)
Buffers shall be required along all property lines and frontages,
permitting breaks in the buffer only for necessary site driveway access
and egress.
(5)
The maximum permitted building height shall be 40 feet as measured
from the average grade around the perimeter of the building to the
top of the roof, and up to 45 feet when measured to the top of any
parapet.
(6)
The maximum permitted building coverage shall be 30%.
(7)
The maximum permitted lot coverage shall be 55%.
Q.
Warehouse, fulfillment center.
[Added 4-4-2023 by Ord.
No. 1-2023]
(1)
Minimum lot area shall be 10 acres.
(2)
Principal structures shall be located at least 1,000 feet from any
school or residential building.
(3)
The following minimum building setback and landscape buffer requirements
shall apply:
|
Building(s) Size
(square feet)
|
Front Yard Setback
(feet)
|
Side and Rear Yard Setback
(feet)
|
Minimum Landscape Buffer Width
(feet)
|
|---|---|---|---|
|
Less than 100,000
|
125
|
100
|
50
|
|
100,000 to 500,000
|
150
|
125
|
75
|
|
500,000 +
|
250
|
150
|
100
|
(4)
Buffers shall be required on all property lines and frontages, permitting
breaks in the buffer only for necessary site driveway access.
(5)
The maximum permitted building height shall be 40 feet as measured
from the average grade around the perimeter of the building to the
top or peak of the roof, and up to 45 feet when measured to the top
of any parapet.
(6)
The maximum permitted building coverage shall be 30%.
(7)
The maximum permitted lot coverage shall be 55%.
R.
Warehouse, parcel hub.
[Added 4-4-2023 by Ord.
No. 1-2023]
(1)
Minimum lot area shall be 10 acres.
(2)
Principal structures shall be located at least 1,000 feet from any
school or residential building.
(3)
The following minimum building setback and landscape buffer requirements
shall apply:
|
Building(s) Size
(square feet)
|
Front Yard Setback
(feet)
|
Side and Rear Yard Setback
(feet)
|
Minimum Landscape Buffer Width
(feet)
|
|---|---|---|---|
|
Less than 100,000
|
125
|
100
|
50
|
|
100,000 to 500,000
|
150
|
125
|
75
|
|
500,000 +
|
250
|
150
|
100
|
(4)
Buffers shall be required on all property lines and frontages, permitting
breaks in the buffer only for necessary site driveway access.
(5)
The maximum permitted building height shall be 40 feet as measured
from the average grade around the perimeter of the building to the
top or peak of the roof, and up to 45 feet when measured to the top
of any parapet.
(6)
The maximum permitted building coverage shall be 30%.
(7)
The maximum permitted lot coverage shall be 55%.
[Added 11-14-2000 by Ord. No. 18-2000]
The following zoning standards shall apply to
the permitted conditional use of a planned retirement community in
the R-1 District:
B.
Permitted accessory uses.
(1)
Retirement community center, as part of a planned
retirement community (PRC) development.
(2)
Recreational facilities and uses, including
buildings for recreational activities, biking paths, walking paths,
tennis courts, shuffleboard courts, swimming pools and similar recreational
improvements related to the PRC.
(3)
Administration buildings related to the PRC.
(4)
Building emergency services, such as garages
and offices for first aid equipment and personnel, as part of the
PRC development.
(5)
On-site medical and personal services for the
use of the on-site population only, as part of the PRC development.
(6)
Bus stops to service the retirement community
center as part of the PRC development.
C.
PRC requirements.
(1)
The tract shall be under one ownership or control
by the applicant for purposes of obtaining all required development
approvals and committing the tract to the regulations of the planned
retirement community.
(2)
Area and yard requirements for tract.
(a)
Minimum tract size: 30 acres.
(b)
Maximum density: 3.0 dwelling units per net
acre.
[Amended 6-14-2005 by Ord. No. 16-2005]
(c)
Minimum buffer from residential lot to existing
streets: 50 feet.
(d)
Minimum building setback to adjoining zone:
50 feet.
(e)
Minimum landscaped buffer to adjoining zone:
30 feet.
(f)
Minimum building setback to existing residential
development*: 100 feet.
(g)
Minimum landscaped buffer to existing residential
development*: 50 feet.
(h)
Maximum building coverage: 20%.
(i)
Maximum impervious coverage: 35%.
(j)
Maximum building height: 1 1/2 stories or 25
feet.
|
*NOTE: For the purposes of this section, "existing
residential development" means residential development with a minimum
gross density of one unit per three acres at the time of adoption
of this section.
|
(3)
Covenants and deed restrictions. Approval of
a planned retirement community development consisting of age-restricted
housing in the R-1 District shall be conditioned upon the placement
of restrictive covenants on the deeds to any and all portions of a
tract so developed, to ensure that occupancy will be limited to persons
55 years of age or older with no children under 19 in permanent residence.
(4)
Architectural controls. The following architectural
standards shall apply to any planned retirement community:
(a)
Sheds shall be permitted in the rear yard only,
provided that the maximum height shall be 10 feet and the maximum
area shall be 100 square feet.
(b)
Decks and patios shall be limited in width to
12 feet, and shall be set back at least six feet from the property
lines. Additionally, the minimum distance between the closest points
of any two decks shall be 18 feet.
(c)
Cantilevered bay windows shall be permitted
to extend two feet into a required front yard or rear yard. The maximum
width of a bay window shall be eight feet.
(5)
Management of recreation facilities, security,
internal transportation and open space. Open undeveloped portions
of any age-restricted development and all proposed recreation facilities,
security facilities and internal transportation facilities shall be
owned and maintained by a homeowners' association consisting of all
residents. Notification of this provision is to be included in the
contract of sale deed for each unit.
(6)
Open space and recreation areas.
(a)
At least 20% of the tract shall be reserved
for open space and recreation uses.
(b)
Open space and recreation areas shall be located
in appropriate locations and arranged in such a manner so as to further
and foster the purposes of the planned retirement community.
(c)
All open space and recreation areas shall be
dedicated for active or passive recreation or open space. Such areas
shall be owned in common by residents of the planned retirement community
and managed by a homeowners' association.
(d)
A comprehensive recreation plan shall be prepared
to include all proposed passive and active recreation elements such
as walking trails, picnic areas, outdoor and indoor tennis courts,
shuffleboard courts, swimming pools and seating areas.
(7)
Retirement community center. Each planned retirement
community development may have a retirement community center. The
following standards shall apply:
(a)
The retirement community center shall be centrally
located and easily accessible to all units. A comprehensive circulation
plan shall be prepared to coordinate the road network, sidewalk layout
and bikeways for the entire development with emphasis on access to
the center.
(b)
The retirement community center may include
but not be limited to cafeteria facilities, homeowners' association
management offices, recreation and social activity rooms and offices
and a multi-purpose room designed for social activities.
(c)
The retirement community center shall be no
more than 1 1/2 stories and no more than 25 feet in height.
(8)
Homeowner's association.
(a)
Within the planned retirement community, the
applicant shall establish a homeowner's association.
(b)
The homeowner's association shall own and be
responsible for the maintenance, repair, and reconstruction of all
buildings and lands owned by the residents of the community in common
with one another. Such lands shall include at a minimum all recreational
areas, open space and drainage facilities required by the reviewing
board for the community.
(c)
All open space and recreation areas shall be
protected by legal arrangements, satisfactory to the Planning Board
attorney, sufficient to assure their maintenance and preservation
for their intended purpose. Covenants or other legal arrangements,
including homeowner's associations, shall specify ownership of the
area; method of maintenance; responsibility for maintenance; maintenance
taxes and insurance; compulsory membership and compulsory assessment
provisions; guarantees that any association formed to own and maintain
the area will not be dissolved without the consent of the Planning
Board; and any other specifications deemed necessary by the Planning
Board.
(9)
Additional facilities.
(a)
Each PRC may provide appropriate security measures,
which may include gatehouses, security patrols and/or secured entries
to the PRC.
(10)
General requirements. No more than one residential
lot per 140 feet of the existing rear lot line may abut the rear yards
of existing residences adjoining the rear of the tract.
(11)
Buffer landscaping requirements. The minimum buffers established in § 250-26.1C(2) above shall be planted in accordance with the standards established in § 196-8B(2) and (3).
(12)
Parking requirements. One and one-half parking
spaces per unit, or as required by the Residential Site Improvement
Standards.
[Added 4-4-2023 by Ord.
No. 1-2023]
A.
Except where environmental constraints such as wetlands or steep
slopes would prohibit such construction, all required landscape buffers
shall incorporate a vegetated berm of at least eight feet in height
along all street frontages and wherever adjacent to an existing residential
use or zone, or adjacent to any school.
B.
Renewable energy:
(1)
For all warehouses with a gross floor area over 100,000 square
feet, a minimum of 50% of the facility's anticipated energy demands
shall be met through the use of on-site renewable energy in the form
of solar generated or geothermal power.
(2)
Accessory solar energy systems may be installed on the roof
of the building, and/or within the parking area on site. Any accessory
solar energy system installed on the roof of a building shall be exempt
from the maximum permitted height requirements, up to a maximum additional
height of 10 feet above the roof.
(3)
As an alternative, compliance with LEED Silver certification
or greater may be substituted for this requirement.
C.
The entrance driveway and/or space to the facility shall provide
queuing space to allow for the stacking of at least two full-size
tractor trailer trucks without spilling into the public right-of-way.
If the facility is considered a high cube warehouse, queuing space
for the stacking of at least four full-size trucks shall be provided.
D.
Off-street parking requirements:
(1)
One parking space per 250 square feet of floor area for all
accessory office space and accessory amenity spaces shall be provided.
(2)
One parking space per 5,000 square feet of gross floor area
for storage space within a warehouse, distribution center, or warehouse,
parcel hub shall be provided.
(3)
One parking space per 2,500 square feet of gross floor area
for storage space within a warehouse, fulfillment center shall be
provided.
(4)
For any warehouse, fulfillment center, additional van or fleet
vehicle parking spaces should be provided at a minimum ratio of one
van/fleet vehicle space per 1,000 square feet of gross floor area
devoted to warehouse storage, sorting, or assembly use.
