B.
In addition, all zones within the New Jersey Pinelands
as defined by the New Jersey Pinelands Protection Act of 1979 and
as hereinafter defined shall be subject to all regulations adopted
pursuant to the Pinelands Protection Act, N.J.S.A. 13:18A-1 to 13:18A-29,
as amended, by the Laws of 1980, Chapter 65, adopted on July 10, 1980.
The New Jersey Pinelands blocks and lots in the Borough of Berlin
are on file in the Borough Clerk's office.
[Amended 12-18-2002 by Ord. No. 2002:18; 5-3-2007 by Ord. No. 2007-04]
The boundaries of zoning districts are established
on the map entitled "Borough of Berlin Zoning Map" prepared by Pennoni
Associates Inc., consulting engineers, and dated December 18, 2006,
which accompanies and is made part of this chapter, as amended.
A.
Zoning district lines are intended to follow street
and railroad center lines, streams, lot lines and straight line extensions
of lot lines or streets or connections between known points of intersection
of lot lines, streets, railroads and streams, unless otherwise indicated
by dimensions. Dimensions are in feet, measured horizontally and measured
from the street right-of-way line even if the center line of that
street serves as a zoning district line. The location of any disputed
zoning district line shall be determined by the Planning Board. Zoning
district lines extend vertically in both directions from ground level.
B.
Where a street or public way serves as the zoning
district line and it is lawfully vacated, the former center line shall
be considered the zoning district line.
A.
Accessory buildings and uses.
(1)
Any accessory building in any zone attached to a principal
building or located within 10 feet of the principal building shall
be considered part of the principal building and shall adhere to the
yard requirements for the principal building.
(2)
Detached accessory buildings and structures associated
with residences and located more than 10 feet from the principal building
shall be located only in side and rear yards. Accessory buildings
and structures in the front yard are prohibited.
(3)
Unless otherwise specified in this chapter, detached
accessory buildings in a residential zone shall be set back from any
side or rear lot line at least five feet. In nonresidential districts,
accessory buildings shall meet the setback requirements for principal
buildings.
B.
Antennas and satellite dishes.
(1)
Permanently installed amateur radio transmitting and
receiving devices and their associated towers, television receiving
antennas and satellite receiving dish antennas are permitted in every
zoning district as an accessory use to a principal use on the same
lot, provided that wires and cables running between the device and
any other structure are installed underground; there is no advertising
attached to the tower or antenna; the natural grade of the lot shall
not be changed to increase the elevation of the device; and the device
is appropriately colored, constructed, located and screened from view
to the maximum extent practicable, singly or in combination, so as
to minimize the visual impact from adjoining properties and public
rights-of-way.
(2)
Design standards. The following standards are designed
so that antennas and associated devices will be located and constructed
so as to minimize their visual impact and the safety concerns of the
residents, while reasonably accommodating the needs of those who use
the antennas. Accordingly, dish antennas which are bulky, heavy, visually
obtruding and require formidable mounting for safety reasons and which
do not afford better reception when higher are required to be kept
as low as possible with maximum screening. On the other hand, amateur
antennas, which tend to be much less imposing and are generally more
effective with greater elevation, require less screening and can be
allowed on reasonably higher structures.
(a)
An antenna tower and related devices shall be
located only on a building or in a side or rear yard. It shall not
be located in a front yard.
(b)
An antenna, including a tower, if any, shall
be set back from the side and rear lot lines a distance at least equal
to the toppling distance of the device, but in no instance shall it
be closer to a lot line than as follows:
(c)
Where plantings are used to minimize the visual
impact of the antenna upon abutting property owners and upon the general
public passing along adjacent rights-of-way, the plantings shall be
a nondeciduous material, placed two feet apart around that portion
of the device which can be seen from an adjacent lot or public right-of-way.
The plantings shall be such that they will screen the device without
interfering with the effectiveness of the antenna.
(d)
Where an antenna or satellite dish is mounted
on a building, it shall be located so as to maximize the use of the
building in screening the view of the device from the right-of-way
along the front property line. In addition, the top of such an antenna
or dish shall not exceed the height of the roof line of the building
on which it is located by more than the following:
(e)
The maximum height of a ground-mounted dish
antenna shall be 15 feet in a residential zone and 17 feet in a nonresidential
zone, and the maximum diameter of any dish antenna shall be 10 feet
for residential uses and 12 feet for commercial, industrial or public
uses.
(f)
Notwithstanding the above, a dish antenna that
is less than two feet in diameter may be mounted anywhere on a building
and need not be screened.
(g)
The height of a ground-mounted antenna tower
shall not exceed 40 feet. An amateur radio type of antenna mounted
on such tower may extend a maximum of 15 feet above the top of the
tower.
(h)
Portable dish antennas (not permanently mounted
on a building or permanently affixed to the ground) are prohibited
in all residential zoning districts, except for demonstration purposes
only, which may remain on a lot for a period not to exceed 48 hours.
C.
Buffers.
[Amended 5-4-2006 by Ord. No. 2006-6; 10-5-2006 by Ord. No.
2006-18; 11-2-2006 by Ord. No. 2006-23]
(1)
Purpose. The purpose of buffer areas shall be to protect
residential areas from the potential adverse impacts of adjacent nonresidential
uses through screening and landscaping.
(2)
Applicability. When a nonresidential development abuts
a residentially zoned property or use, a landscaped buffer constructed
in accordance with the following standards shall be installed along
any side or rear property line adjacent to the residential zone. Nonresidential
uses within the C-1 District shall be exempt from the requirements
of this section.
(3)
Width. The width of the buffer shall be calculated
as follows:
(a)
The side yard buffer width shall be equal to
a minimum of 20% of the average width of the lot to a maximum required
depth of 50 feet.
(b)
The rear yard buffer width shall be equal to
a minimum of 20% of the average depth of the lot to a maximum required
depth of 50 feet.
(c)
When a parcel has a depth or width of less than
250 feet, the Planning Board may permit a reduction in the required
width of either a side or rear yard buffer to a minimum of 15 feet
upon a finding that a greater width would be inappropriate or impractical
due to the depth, width, shape or character of the parcel.
(d)
Where the buffer width is reduced, an opaque
fence six feet in height shall be required for the entire length of
the reduced buffer strip.
(4)
Required plantings. Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained consisting of a combination of evergreens and deciduous trees or shrubs of at least five feet in height that will continuously restrict a clear view into the nonresidential development from the adjacent residential zone. Buffer plantings shall also conform to the standards of § 335-45 of this chapter. Berms should be used in buffer areas when determined appropriate by the Planning Board.
D.
Child-care centers, day-care centers, and family day-care
homes.
(1)
All facilities shall be licensed by the New Jersey
Department of Human Services and shall also adhere to the following
applicable regulations. Where the following regulations conflict with
regulations of the Department of Human Services, the Department of
Human Services regulations shall prevail.
(2)
Zoning and design requirements:
(a)
A "family day-care home" shall be services provided
in residences as an accessory use for less than six children and shall
comply with the requirements of each residential zoning district.
(b)
"Child-care centers" and "day-care centers" for six or more persons shall be designed as a principal use where they are permitted [except as allowed in Subsection D(3)(b) below] and shall adhere to the following regulations, which regulations shall be considered zoning requirements, and, in the case of a conditional use, conditions precedent to allowing the use as a conditional use.
(d)
In order to minimize the impact on the character
of a residential neighborhood, the maximum enrollment for any facility
in a residential zoning district shall be 100 children at one time.
There shall be no maximum enrollment in a nonresidential zone.
(e)
Location. In order to minimize the impact on
the character of a residential neighborhood, a property located in
a residential zone shall be adjacent to and have driveway access to
an arterial or collector street where the area is already impacted
by traffic to a greater extent than more interior portions of a residential
neighborhood. A property located in a nonresidential zone may have
access to any street.
(g)
Maximum building height. The maximum building
height shall be one story and not to exceed 20 feet when the building
contains only the one principal use. Where the center is in a multi-use
facility as permitted in nonresidential districts, the building height
shall be limited to the requirements of the zoning district in which
it is located.
(h)
Minimum off-street parking. The minimum off-street
parking shall be four spaces, plus one space for each school vehicle,
but in any event not less than either two spaces per teacher and teacher's
aide or 0.2 space per student based on the state's approved capacity
of the facility, whichever is less.
(i)
Minimum drop off area. An on-site area shall
be provided separate from the parking spaces for temporary parking
for people to drop off and pick up children. A minimum of 10 perpendicular
parking spaces shall be available for this purpose. The area shall
be a minimum length of 75 feet if designed for parallel parking. Said
area shall abut a sidewalk leading into the building so students leaving
vehicles do not have to walk along or cross a street, parking lot,
loading area, driveway or aisle.
(j)
Maximum floor area ratio. The maximum floor
area ratio shall be 0.15 in a residential zone and 0.20 in a nonresidential
zone.
(k)
Minimum recreation area. All outdoor recreation
areas shall be fenced and no closer to any lot line than 20 feet.
All recreation areas shall be screened from adjoining lots by massed
evergreens spaced so as to provide a dense visual screen to buffer
the center's activities from adjacent residences. The amount of outdoor
recreation area shall be based on the requirements of the New Jersey
Department of Human Services.
(3)
Additional requirements in nonresidential districts:
(a)
Family day-care homes are not permitted. A child-care center and a day-care center ("center") may be designed as a principal use on its own lot and shall adhere to the regulations set forth in Subsection D(2) above, provided that the setbacks for recreation areas measured from adjacent street rights-of-way, nonresidential parking and loading areas and driveways and internal roads serving nonresidential uses shall be at least 20 feet with this area planted with evergreen material spaced so as to provide a dense visual screen. The recreation area shall be enclosed with a fence at least five feet high. Where a center is part of a complex which shares parking spaces with other uses, the floor area of the center need not be included in calculating the number of parking spaces to be constructed, but the site plan shall show the location of the parking spaces that are not required to be constructed but which are generated by the gross floor area of the center, in the event that the square footage of the center is occupied by some other use in the future. Where a child-care/day-care center is a stand-alone facility and has its own parking facilities, the number of spaces shall be based on the schedule above.
(b)
Child care centers and day-care centers ("center") may also be located within a building whose principal use(s) is, or are, permitted nonresidential uses, provided that the building and lot meet all the area, dimensional, setback, floor area ratio and other bulk criteria for the district in which the building is located. In addition, the site shall be required to provide a dropoff area for the center consistent with Subsection D(2)(i) above. The off-street parking required to be constructed shall be based on the gross floor area of the nonresidential building, excluding the area for the center, but the site plan shall show the location of the parking spaces that are not required to be constructed but which are generated by the gross floor area of the center, in the event that the square footage of center is occupied by some other use in the future.
E.
Existing uses and exceptions.
(1)
Except as specified in § 335-77I, any use, building or structure legally existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.
(2)
Setback exceptions.
(a)
Projections into required yard area. All open
areas and yards shall be maintained with no portion of such area utilized
for building or paved purposes other than permitted accessory uses
and required facilities as set forth in this chapter such as driveways
and off-street parking, and except that minor projections from an
existing building, where the projection uses the building for support,
may extend into any yard not more than three feet but in any event
not closer than 10 feet to a property line. Such minor projections
are considered ornamental elements such as cornices, eaves, gutters
and roof overhangs, chimneys (including wooden framed chimney chases),
bow windows and porch steps but exclude walls extending above cantilevered
construction.
(b)
Increased or decreased setbacks of principal
residential building. Where a principal building or structure is being
constructed in a residential neighborhood with established setbacks
different from those required in this chapter for the district in
which the property is located, the new building or structure may be
located closer to the street right-of-way by decreasing the minimum
front yard setback by no more than 10% or five feet, whichever is
less, but be no closer to the street right-of-way than 20 feet in
any event. In instances where the prevailing setback is greater than
the minimum requirement, the new building or structure may be required
to be set back farther than the minimum front yard setback by no more
than 10 percent or five feet, whichever is less. The prevailing setback
shall be the average setback of either three principal buildings on
each side of the lot in question or the number of principal buildings
within 200 feet on each side of the lot in question, whichever measurement
incorporates the most number of principal buildings, except that in
no event shall the measurements be required to cross a street.
(3)
Building height exceptions. All building and structures
shall be subject to the maximum height regulations, except chimneys,
spires, towers, elevator penthouses, solar panels, water tanks, antennas
and flagpoles, except that the height of any such projection shall
not be greater than 10 feet above or 10% above the maximum height
permitted for the particular use and the height shall not be greater
than its setback from any lot line. Water storage tanks/towers in
any district may be constructed to a height not to exceed 120 feet.
F.
Fences and walls.
(1)
General.
(a)
Fences and walls shall not be located in any
required sight triangle and shall be set back the minimum distances
required in this chapter, or such greater setback that will assure
proper sight distances at driveways and around street curves.
(b)
Fences and walls shall be constructed to permit
natural drainage and shall not block the flow of surface water.
(c)
Fences and walls topped with barbed wire, razor
wire, broken glass or similar material, or that are electrically charged
shall be prohibited in association with residential uses.
(d)
Short pointed, canvas, cloth, poultry netting
and temporary fencing such as, but not limited to, snow fencing, expandable,
collapsible and similar materials are prohibited as either a type
of fence or wall or as an attachment to a fence or wall.
(e)
Fences and walls shall not be permitted to be
used for signage or other displays and/or, advertising, except that
a major development may seek approval for a landscaped wall as an
integral part of the design of the entrance to the development, including
the name of the development.
(f)
The finished side of any fence or wall shall
face outward. The total height of the fence or wall shall not include
any slight undulation of the ground.
(g)
Fences on abutting properties located along
a common lot line shall either abut one another or have at least a
thirty-inch separation.
(h)
All fences and walls shall be constructed for
permanency. No temporary fences and walls are permitted.
(i)
No living fence shall be permitted to encroach
on a sidewalk, lot line or sight triangle. Plant materials within
a living fence shall be located to ensure that as the vegetation matures
it will be a sufficient distance from the lot line, sidewalk or sight
triangle to prevent any future encroachment and in all cases shall
be a minimum of four feet from any lot line, sidewalk or sight triangle
boundary.
[Amended 10-5-2006 by Ord. No. 2006-18; 5-21-2007 by Ord. No. 2007-06]
(j)
A construction permit shall be required before
installing any fence or wall that is more than eight feet in height
other than a living fence. Fences and walls less than eight feet in
height require a fence permit. All fences and walls shall be maintained
in a safe, sound and upright condition. Upon notification, in writing,
that any fence or wall is not safe, sound or upright, the owner shall
have 30 days in which to make the necessary repairs. Each day the
person fails to obey the order to repair shall constitute a separate
violation of the order.
(k)
No fence shall be permitted that obstructs the
access of maintenance personnel or equipment to a drainage or utility
easement.
[Added 10-5-2006 by Ord. No. 2006-18; 5-21-2007 by Ord. No. 2007-06]
(2)
Single-family and two-family residential.
(a)
Fencing around pools shall adhere to the requirements
for pools and, to the extent of a conflict with the following, the
minimum pool requirements shall be met.
(b)
Fences and walls along street(s) with reverse
frontage lots shall be on the house side of any berm or buffer area
constructed along the street located to the rear of the lot. Said
fence shall not be higher than six feet and be no closer to the street
right-of-way than 25 feet.
(c)
Fences and walls shall be limited to a maximum
height of six feet and fences and walls in the front yard shall be
prohibited.
(d)
Corner lots. Each street shall be considered
creating a front yard for setback purposes.
(3)
Townhouse and multifamily dwellings.
[Amended 10-5-2006 by Ord. No. 2006-18; 5-21-2007 by Ord. No. 2007-06]
(a)
Fences or walls in common areas shall be shown
on the appropriate development plans and shall be subject to site
plan review and approval.
(b)
Fences or walls for townhouse units shall be
subject to the following:
[1]
No fence or wall shall be permitted in a front
yard of any individual unit.
[2]
Fences shall be permitted in the side yards
of end units, provided that no fence shall be located beyond the side-yard
building setback line.
[3]
Fences shall be permitted in rear yards, provided
that no fence shall encroach on any property line, easement or emergency
access right-of-way.
[4]
No fence shall obstruct access to the yard area
of any other unit.
(c)
No fence shall be higher than six feet with
the exception of fences enclosing tennis courts, swimming pools or
similar common facilities that have been approved by the appropriate
reviewing authorities through the design review and permitting process.
(4)
Nonresidential, schools, recreation and public uses.
(a)
Fences and walls associated with nonresidential
uses may have heights no greater than eight feet. All fencing shall
be shown on an approved site plan. Fences around utility installations
or areas with hazards may be topped with barbed wire.
(b)
Subject to assuring proper sight distances as set forth in Subsection F(1)(a) above, fencing may be located up to interior lot lines but be no closer than either 20 feet to the edge of the street pavement (curbline) or 10 feet from the street right-of-way, whichever is greater, along nonresidential streets.
(c)
The location and design details of any proposed
fencing shall be shown and approved on a site plan before the fence
is installed.
(d)
Sound barriers installed in conjunction with
a nonresidential use shall be exempt from the height restrictions
of this section upon a showing through the appropriate technical analysis
that a height in excess of that otherwise permitted is required to
attain compliance with New Jersey Department of Environmental Protection
regulations for sound abatement.
[Added 10-5-2006 by Ord. No. 2006-18; amended 5-21-2007 by Ord. No. 2007-06]
G.
Historic/Architectural District. (Reserved)
I.
Nonconforming uses, structures or lots. The lawful
use of land, buildings, signs or other structures existing when this
chapter was adopted may be continued even though they may not conform
to this chapter. Any structure with a lawful, nonconforming use may
be restored or repaired in the event of partial destruction thereof,
provided that none shall be enlarged, extended, relocated, converted
to another use or altered, except in conformity with this chapter
and as permitted below. Land on which a nonconforming use or structure
is located, and a nonconforming lot shall not be subdivided or resubdivided
so as to be made more nonconforming in any manner.
(1)
Abandonment. A nonconforming use shall be considered
abandoned if it is terminated by the owner, or if a nonconforming
use involving a structure is discontinued or if a nonconforming use
of land without structure(s) ceases for a period of time indicating
an intent to abandon. The subsequent use of the abandoned building,
structure and/or land shall be in conformity with this chapter.
(2)
Conversion to permitted use. Any nonconforming building,
sign, structure or use may be changed to conform to this chapter but
shall not thereafter be changed back to a nonconforming status.
(3)
Maintenance may be performed on a nonconforming use,
sign, structure or lot, provided that the maintenance work does not
change the use, expand the building, sign, structure or their functional
use, increase the area of a lot used for a nonconforming purpose or
increase the nonconformity in any manner.
(4)
Nonconforming lots and structures. (See § 335-47, Lots, and § 335-77H.) On any lot where an existing sign or structure on a conforming or nonconforming lot violates any yard requirements, additions to the principal building and/or an accessory building may be constructed without an appeal for a variance, provided that the floor area ratio (if applicable) and/or the permitted building and lot coverage are not exceeded and the accessory building and/or the addition to the principal building do not violate any requirements of this chapter such as, but not limited to, setbacks and height.
(5)
Restoration and repairs.
(a)
Any nonconforming building, structure, sign
or use which has been condemned for whatever reason or has been damaged
by fire, explosion, flood, windstorm or act of God shall be examined
by the Code Enforcement Officer. If in the opinion of the Code Enforcement
Officer the value of repairing the condition is greater than 50% of
the value of replacing the entire structure, it shall be considered
completely destroyed and may be rebuilt to the original specifications
only upon approval of the applicable variance(s).
(b)
Where the value of repairing the condition is
determined to be less than 50% of the value of replacing the entire
structure, the nonconforming structure or use may be rebuilt and used
for the same purpose as before, provided that it does not exceed the
height, area, setbacks, floor area ratio and bulk of the original
structure.
(c)
The percent damaged or condemned shall be the
current replacement costs of the portion damaged or condemned computed
as a percentage of the current replacement cost of the entire structure,
neither to include the cost of the foundation unless the foundation
is damaged or condemned.
(6)
Sale. Any nonconforming use, structure, sign or lot
may be sold and continue to function in the same nonconforming manner,
but each and every change in the nature of the use or structure shall
require a certificate of occupancy. Where the Code Enforcement Officer
is unclear whether the proposed change either conforms to these regulations
or is a use so similar to the preceding use that the new use may be
considered a continuation of the previous use, the matter shall be
referred to the Board for an interpretation.
J.
Off-street parking and loading requirements. See also § 335-53.
[Amended 5-4-2006 by Ord. No. 2006-6]
(1)
Flex space, mixed uses, and applications for fewer
parking spaces.
(a)
In any flex space or mixed-use building, the
total off-street parking and loading to be constructed shall be the
sum required for the component uses as measured by the gross floor
area devoted to each use. Hallways, bathrooms, elevators and similar
common elements shall either be assigned to the most intense use they
abut or shall be calculated as if part of an office use.
(b)
In the event that one use is converted to another
and additional parking is required for the proposed use, the applicant
shall indicate on the site plan where the additional parking is to
be provided.
(c)
Where the total number of proposed off-street
parking spaces is less than required, a staged development plan may
be permitted which requires that only a portion of the parking area,
but not less than 65% of the required parking spaces, be completed
initially subject to the following regulations:
[1]
The site plan shall clearly indicate both that
portion of the parking to be initially paved and the additional area
needed to provide the total parking needed to meet this chapter.
[2]
The site plan shall provide adequate drainage
facilities for both the partial and total parking area.
[3]
Any portion of the parking area not paved initially shall be landscaped in accordance with § 335-77C.
[4]
Where an applicant has received approval to construct fewer parking spaces than the proposed use requires under this chapter, the applicant shall post separate performance guaranties, in addition to the performance guaranties required under § 335-14, Guaranties and inspections, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required under this chapter.
[5]
Where an applicant has received approval and
will reconstruct all the required parking for the proposed use(s),
but these use(s), do not create the highest parking demand as would
other uses permitted under this chapter, yet the plan has been designed
to provide additional spaces to meet the highest demand should a change
in use be requested in the future, no performance guaranty shall be
required to construct the future parking, it being recognized that
a future applicant will assume that responsibility.
[6]
Where a plan has been approved under Subsection J(1)(c)[1] and [4] above in lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a period of two years. Prior to the expiration of the two-year period, the applicant may either install the additional parking shown on the site plan and apply for issuance of the permanent certificate of occupancy or apply to the approving authority after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the approving authority determines that the parking facility is adequate as originally constructed, the performance guaranty(ies) shall be released and a permanent certificate of occupancy issued. If, however, the approving authority determines that the partial off-street parking area is not adequate, the applicant shall be required to install such additional parking facilities as needed in accordance with the terms of the performance guaranty(ies) prior to issuance of a permanent certificate of occupancy.
[7]
Any change of use on a site for which the approving
authority may have approved a partial parking area shall require submission
of a new site plan.
(2)
Location of parking and loading areas.
(a)
Parking and loading spaces shall be located
on the same lot as the use being served and shall have access via
an on-site aisle or driveway. No parking space shall access an entrance
drive from a public street unless located at least 10 feet from the
street right-of-way. No off-street parking or loading space shall
have direct access from a street.
(b)
No loading and parking spaces shall be located
in any required buffer area.
(c)
Parking spaces located to serve residential
uses shall be within 150 feet of the entrance of the building and
within 400 feet of commercial/industrial uses.
(d)
Other than driveways for detached single-family
homes, uses having parking lots for more than six vehicles or having
at least one loading space shall have all aisles and spaces set back
at least 20 feet from any lot line and street right-of-way.
(3)
Drive-up window services. Any business having drive-up
window services shall provide at least one bypass lane and a separate
approach lane for each window with stacking capacity for at least
eight vehicles, and the bypass lane(s) and approach lanes shall be
separate from and not interfere with other parking, driveway and circulation
features of the site.
(4)
Minimum off-street parking and loading spaces shall
be provided as follows. For any use that is not listed below, the
parking requirement shall comply with the most similar use noted in
the following list. Where no reasonably similar use or combination
of uses is listed below, the applicant and the approving authority
shall develop an appropriate parking ratio based on published data
and/or testimony provided by a traffic engineer. "GFA" means gross
floor area, and "sf" or "sq. ft." means square feet.[2]
[2]
Editor's Note: The Schedule of Minimum Off-Street
Parking and Loading Spaces can be found at the end of this chapter.
K.
Pinelands.
(1)
In addition to other development review procedures
and design requirements of the Borough of Berlin, all development
located in the Pinelands Protection Area shall comply with the provisions
of this section in addition to the other requirements of this chapter.
Where there is a conflict with any requirements of the Pinelands Commission,
the Pinelands provisions shall supersede the local requirements.
(a)
All development in Districts PR-1, PR-2, PC-2,
and PI-3 (areas of the Borough in the Pinelands Protection Area) shall
comply with pinelands development standards, the zoning and design
standards set forth in this chapter, the special procedures regarding
development in the Pinelands Area and a lot area of at least one acre
unless served by a centralized wastewater treatment plant.[3]
[3]
Editor's Note: Former Subsection K(1)(b),
regarding compliance with development review procedures, which immediately
followed this subsection, was repealed 12-26-2001 by Ord. No. 2001:16.
(2)
Wetlands.
(a)
Uses. No development in the Pinelands Area shall
be permitted in a wetland or a wetlands transition area except for
the following uses:
[Amended 12-26-2001 by Ord. No. 2001:16]
[1]
Horticulture of native Pinelands species and berry agriculture in accordance with Subsection K(6) below.
[2]
Beekeeping.
[3]
Forestry in accordance with N.J.A.C. 7:50-6.41
et seq.
[4]
Fish and wildlife management and wetlands management
in accordance with N.J.A.C. 7:50-6.10.
[Amended 8-1-2011 by Ord. No. 2011-09]
[5]
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming, and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsections K(2)(b) and (c) hereof.
[7]
Commercial or public docks, piers, moorings
and boat launches, provided that:
[8]
Bridges, roads, trails and utility transmission
and distribution facilities, provided that:
[a]
There is no feasible alternative
route or site for the facility that does not involve development in
a wetland or, if none, that another feasible route or site which results
in less significant adverse impacts on wetlands does not exist;
[b]
The need for the proposed linear
improvement cannot be met by existing facilities or modification thereof;
[c]
The use represents a need which
overrides the importance of protecting the wetland;
[d]
Development of the facility will
include all practical measures to mitigate the adverse impact on the
wetland; and
[e]
The resources of the Pinelands
will not be substantially impaired as a result of the facility and
its development as determined exclusively based on the existence of
special and unusual circumstances.
(b)
Performance standards. No development, except for those uses which are specifically authorized in Subsection K(2)(a)[1] through [3] above shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
(c)
A significant adverse impact shall be deemed
to exist where it is determined that one or more of the following
modifications of a wetland will have an irreversible effect on the
ecological integrity of the wetland and its biotic components, including
but not limited to threatened or endangered species of plants or animals:
[1]
An increase in surface water runoff discharging
into a wetland.
[2]
A change in the normal seasonal flow patterns
in the wetland.
[3]
An alteration of the water table in the wetland.
[4]
An increase in erosion resulting in increased
sedimentation in the wetland.
[5]
A change in the natural chemistry of the ground-
or surface water in the wetland.
[6]
A loss of wetland habitat.
[7]
A reduction in wetland habitat diversity.
[8]
A change in wetlands species composition.
[9]
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
(3)
Vegetation and landscaping.
(a)
All clearing and soil disturbance activities
shall be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
(b)
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
(c)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection K(3)(d) below.
(d)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection K(3)(c) above or required pursuant to other provisions of this chapter shall incorporate the following:
[1]
The limits of clearing shall be identified.
[2]
Existing vegetation, including New Jersey's
Record Trees as published by the New Jersey Department of Environmental
Protection in 1991 and periodically updated, shall be incorporated
into the landscape plan where practical.
[3]
Permanent lawn or turf areas shall be limited
to those specifically intended for active human use such as play fields,
golf courses and lawns associated with a residence or other principal
nonresidential use. Existing wooded areas shall not be cleared and
converted to lawns, except when directly associated with and adjacent
to a proposed structure.
[4]
Shrubs and trees authorized by N.J.A.C. 7:50-6.25
shall be used for revegetation or landscaping purposes. Other shrubs
and trees may be used in the following circumstances:
[a]
When the parcel to be developed
or its environs contain a predominance of shrubs and tree species
not authorized by N.J.A.C. 7:50-6.25.
[b]
For limited ornamental purposes
around buildings and other structures.
[c]
When limited use of other shrubs
or tree species is required for proper screening or buffering.
(e)
Development prohibited in the vicinity of threatened
or endangered plants. No development shall be carried out by any person
in the Pinelands Area unless it is designed to avoid irreversible
adverse impacts on the survival of any local populations of threatened
or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
(4)
Fish and wildlife.
(a)
Protection of threatened or endangered wildlife
required. No development shall be carried out in the Pinelands Area
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of any local populations of those
threatened or endangered species designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
(b)
Protection of wildlife habitat. All development
shall be carried out in the Pinelands Area in a manner which avoids
disturbance to district fish and wildlife habitats that are essential
to the continued nesting, resting, breeding and feeding of significant
populations of fish and wildlife in the Pinelands.
(5)
Forestry.
(a)
Application requirements. Any application for
approval of forestry operations shall be subject to the requirements
of N.J.A.C. 7:50-6.43.
(b)
Forestry standards. Forestry in the Pinelands
Area shall be carried out in accordance with the standards set forth
in N.J.A.C. 7:50-6.45.
(c)
Forestry permits shall be valid for a period
of 10 years. Nothing in this section shall be construed to prohibit
any person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
(6)
Recommended management practices for agriculture.
All agricultural activities and fish and wildlife management activities,
including the preparation of land and the planting, nurturing and
harvesting of crops, shall be carried out in accordance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Conservation
Service and the New Jersey Agricultural Experimental Station at Rutgers
University.
(7)
Waste management. No hazardous or toxic substances,
including hazardous wastes, shall be stored, transferred, processed,
discharged, disposed or otherwise used in the Pinelands Area. The
land application of waste or waste-derived materials is prohibited
in the Pinelands Area, except as expressly authorized in N.J.A.C.
7:50-6.79. Waste management facilities shall only be permitted in
the Pinelands Area in accordance with the standards set forth in N.J.A.C.
7:50-6.
(8)
Water quality. Except as specifically authorized in
this section, no development which degrades surface or ground water
quality or which establishes new point sources of pollution shall
be permitted.
(a)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections K(8)(b) through (e) below, provided that:
[1]
Development of new or expansion of existing
commercial, industrial and wastewater treatment facilities, provided
that:
[a]
There will be no direct discharge
into any surface body of water.
[b]
All discharges from the facility
or use are of a quality and quantity such that groundwater exiting
from the parcel of land or entering a surface body of water will not
exceed two parts per million nitrate/nitrogen.
[c]
All public wastewater treatment
facilities are designed to accept and treat septate.
[d]
All storage facilities, including
ponds or lagoons, are lined to prevent leakage into groundwater.
[2]
Development of new wastewater treatment or collection
facilities which are designed to improve the level of nitrate/nitrogen
attenuation of more than one existing onsite wastewater treatment
system where a public health problem has been identified may be exempted
from the standards of Subsection K(8)(a)[1](b) above, provided that:
[a]
There will be no direct discharge
into any surface body of water.
[b]
The facility is designed only to
accommodate wastewater from existing residential, commercial and industrial
development.
[c]
Adherence to Subsection K(8)(a)[1](b)
above cannot be achieved due to limiting site conditions or that the
costs to comply with the standards will result in excessive user fees.
[d]
The design level of nitrate/nitrogen
attenuation is the maximum possible within the cost limitations imposed
by user fee guidelines, but in no case shall groundwater exiting from
the parcel or entering a surface body of water exceed five parts per
million nitrate/nitrogen.
[3]
Improvements to existing commercial, industrial
and wastewater treatment facilities which discharge directly into
surface waters, provided that:
[a]
There is no practical alternative available that would adhere to the standards of Subsection K(8)(a)[1] above.
[b]
There is no increase in the existing
approved capacity of the facility.
[c]
All discharges from the facility
into surface waters are such that the nitrate/nitrogen levels of the
surface waters at the discharge point do not exceed two parts per
million. In the event that nitrate/nitrogen levels in the surface
waters immediately upstream of the discharge point exceed two parts
per million, the discharge shall not exceed two parts per million
nitrate/nitrogen.
[4]
Individual on-site septic wastewater treatment
systems which are not intended to reduce the level of nitrate/nitrogen
in the wastewater, provided that:
[a]
The proposed development to be
served by the system is otherwise permitted pursuant to this chapter.
[b]
The design of the system and the
size of the entire contiguous parcel on which the system is located
will ensure that groundwater exiting from the entire contiguous parcel
or entering a surface body of water will not exceed two parts per
million nitrate/nitrogen, calculated pursuant to the Pinelands dilution
model dated December 1993, as amended, subject to the provisions of
Subsection K(8)(a)[4][c] below. The entire contiguous parcel may include
any contiguous lands to be dedicated as open space as part of the
proposed development but may not include previously dedicated road
rights-of-way or any contiguous lands that have been deed restricted
pursuant to N.J.A.C. 7:50-5.47.
[c]
Only contiguous lands located within
the same zoning district and Pinelands Management Area as the proposed
system or systems may be utilized for septic dilution purposes, except
for the development of an individual single-family dwelling on a lot
existing as of January 14, 1981, nonresidential development on a lot
of five acres or fewer existing as of January 14, 1981, or cluster
development as permitted by N.J.A.C. 7:50-5.19.
[d]
The depth to seasonal high-water
table is at least five feet.
[e]
Any potable water well will be
drilled and cased to a depth of at least 100 feet unless the well
penetrates an impermeable clay acquiclude, in which case the well
shall be cased to at least 50 feet.
[f]
The system will be maintained and inspected in accordance with the requirements of Subsection K(8)(b) below.
[g]
The technology has been approved
by the New Jersey Department of Environmental Protection.
[h]
Flow valves for nonresidential
development shall be determined based on the values contained in N.J.A.C.
7:9A-7.4, as amended, except that the number of employees may not
be utilized in calculating flow values for offices uses. In the event
that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific
use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a),
the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in
calculating flow.
[5]
Individual on-site septic waste water treatment
systems which are intended to reduce the level of nitrate/nitrogen
in the waste water, provided that:
[a]
The standards are set forth in
Subsection K(8)(a)[4][a] and [c] through [h] above are met.
[b]
The design of the system and its
discharge point, and the size of the entire contiguous parcel on which
the system or systems is located will ensure that groundwater exiting
from the entire contiguous parcel or entering a surface body of water
will not exceed two parts per million nitrate/nitrogen, calculated
pursuant to the Pinelands dilution model dated December, 1993, as
amended, subject to the provisions of Subsection K(8)(a)[4][c] above
and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv.
The entire contiguous parcel may include any contiguous lands to be
dedicated as open space as part of the proposed development but may
not include previously dedicated road rights-of-way or any contiguous
lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.
(b)
Individual wastewater treatment facility and
petroleum tank maintenance.
[1]
The owner of every on-site septic wastewater
treatment facility in the Pinelands Area shall, as soon as a suitable
septage disposal facility capacity is available, in accordance with
the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A.
13:1E-1 et seq., and Section 201 of the Clean Water Act:
[a]
Have the facility inspected by
a technician at least once every three years.
[b]
Have the facility cleaned at least
once every three years.
[c]
Once every three years submit to
the Board of Health serving the Borough of Berlin a sworn statement
that the facility has been inspected, cleaned and is functional, setting
forth the name of the person who performed the inspection and cleaning
and the date of such inspection.
[2]
The owners of commercial petroleum storage tanks
shall comply with the requirements of Chapter 102 of the Laws of 1986
(see N.J.S.A. 58:10A-21).
(c)
Prohibited chemicals and materials.
[2]
All storage facilities for deicing chemicals
shall be lined to prevent leaking into the soil and shall be covered
with an impermeable surface which shields the facility from precipitation.
[3]
No person shall apply any herbicide to any road
or public right-of-way within the Pinelands Area unless necessary
to protect adjacent agricultural activity.
(d)
Water management. Water shall not be exported
from the Pinelands, except as otherwise provided in N.J.S.A. 58:1A-7.1.
Interbasin transfer of water between watersheds shall be avoided to
the maximum extent practical. In areas served by central sewers, water-saving
devices such as water-saving toilets, showers and sink faucets shall
be installed in all new developments.
(e)
Minimum standards to protect and preserve water
quality.
[1]
All development shall be designed and carried
out so that the quality of surface and ground water will be protected
and maintained.
[2]
Except as specifically authorized in this section,
no development shall be permitted which degrades surface and ground
water quality.
[3]
No development shall be permitted which does
not meet the minimum water quality and potable water standards of
the State of New Jersey or the United States.
(9)
Scenic.
(a)
Sign standards. All signs in the Pinelands Area
shall comply with the following standards:
[1]
No sign, other than warning or safety signs,
which is designed or intended to attract attention by sudden, intermittent
or rhythmic movement or physical or lighting change, shall be permitted.
[2]
No sign, other than warning or safety signs,
which changes physical position by any movement or rotation or which
gives the visual impression of such movement or rotation shall be
permitted.
[3]
Except for existing lawful off-site commercial
advertising signs in existence as of January 14, 1981, no outdoor,
off-site commercial advertising sign shall be permitted.
[4]
Any existing sign which does not conform to Subsection K(9)(a)[1] and [2] hereof shall be removed immediately. Any existing sign which does not conform to Subsection K(9)(a)[3] above shall be removed no later than December 5, 1996.
[5]
To the maximum extent practical, the character
and composition of construction materials for all signs shall be harmonious
with the scenic values of the Pinelands.
(b)
Motor vehicle screening and storage. No more
than 10 automobiles, trucks or other motor vehicles, whether or not
they are in operating condition, shall be stored on any lot unless
such motor vehicles are adequately screened from adjacent residential
uses and scenic corridors. All vehicles not in operating condition
shall be stored only if the gasoline tanks of such vehicles are drained.
This subsection shall not apply to vehicles which are in operating
condition and which are maintained for agricultural purposes.
(c)
Location of utilities.
[1]
No utility distribution lines and telephone
lines to locations not presently served by utilities shall be placed
underground, except for those lines which are located on or adjacent
to active agricultural operations.
[2]
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with § 335-77C.
[3]
All electric transmission lines shall be located
on existing towers or underground to the maximum extent practical.
(10)
Fire management. No development shall be carried
out in the Pinelands Area in vegetated areas which are classified
as moderate, high or extreme hazard under the fire hazard classification
set out in N.J.A.C. 7:50-6.123 unless such development complies with
the following standards:
(a)
All dead-end roads will terminate in a manner
which provides safe and efficient entry and exit for fire equipment.
(b)
The rights-of-way of all roads will be maintained
so that they provide an efficient firebreak.
(c)
(d)
All structures will meet the following specifications:
[1]
Roofs and exteriors will be constructed of fire-resistant
materials such as asphalt rag felt roofing, tile, slate, asbestos-cement
shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood
shingles or shake-type roofs are prohibited in high or extreme fire
hazard areas.
[2]
All projections such as balconies, decks and
roof gables shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals.
[3]
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets.
[4]
Flat roofs are prohibited in areas where vegetation
is higher than the roof.
(e)
All residential development of 100 dwelling
units or more in high or extremely high hazard areas will have a two-hundred-foot
perimeter fuel break between all structures and the forest in which:
[1]
Shrubs, understory trees and bushes and ground
cover are selectively removed, mowed or pruned on an annual basis.
[2]
All dead plant material is removed.
[3]
Roads, rights-of-way, wetlands and waste disposal
sites shall be used as firebreaks to the maximum extent practical.
[4]
There is a specific program for maintenance.
(11)
Recreation. All recreation areas and facilities
in the Pinelands Area shall be designed in accordance with N.J.A.C.
7:50-6.143(a)2 and 7:506.144(a)1 to 3 and with the New Jersey Department
of Environmental Protection's publication Administration Guidelines:
Barrier Free Design Standards for Parks and Recreation Facilities.
(12)
Historic resource preservation.
(a)
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body for designation of historic resources in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection K(12)(e)[2] below.
(b)
Authority to issue certificates of appropriateness.
The Planning Board shall issue all certificates of appropriateness.
(c)
Certificates of appropriateness shall be required
for the following:
[1]
Construction, encroachment upon, alteration,
remodeling, removal, disturbance or demolition of any resource designated
by the governing body or the Pinelands Commission pursuant to N.J.A.C.
7:50-6.154 or any action which renders such a site inaccessible.
(d)
Applications for certificates of appropriateness
shall include the information specified in N.J.A.C. 7:50-6.156(b).
(e)
A cultural resource survey shall accompany all
applications for major development in order to determine whether any
significant historic resources exist on the parcel. Guidelines for
this survey are contained in Appendix B of the Cultural Resource Management
Plan, dated April 1991, as amended. In general, the survey shall include
a statement as to the presence of any properties listed on the National
and State Registers of Historic Places on the site or within the area
of the project's potential environmental impacts, a thorough search
of state, local and any other pertinent inventories to identify sites
of potential significance, a review of the literature and consultation
with professional and avocational archaeologists knowledgeable about
the area, thorough pedestrian and natural resources surveys; archaeological
testing, as necessary, to provide reasonable evidence of the presence
or absence of historic resources of significance, adequate recording
of the information gained and methodologies and sources used and a
list of personnel involved and qualifications of the person(s) performing
the survey.
[1]
This requirement may be waived by the local
approval agency if:
[a]
There is insufficient evidence
of significant cultural activity on the project site or, in the case
of archaeological resources, within the vicinity;
[b]
The evidence of cultural activity
on the site lacks the potential for importance because further recording
of the available data will not contribute to a more comprehensive
understanding of Pinelands culture.
[c]
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection K(12)(e)[2] below.
[2]
A resource shall be deemed to be significant
if it possesses integrity of location, design, setting, materials,
workmanship, feeling and association which reflects its significance
in American history, architecture, archaeology or culture under one
or more of the following criteria:
[a]
The presence of structures, sites
or areas associated with events of significance to the cultural, political,
economic or social history of the nation, state, local community or
Pinelands.
[b]
The presence of structures, sites
or areas associated with the lives of persons or institutions of significance
to the cultural, political, economic or social history of the nation,
state, local community or Pinelands.
[c]
The presence of structures that
represent the work of a master or that possess high artistic values
or that embody the distinctive characteristics of a type, period or
method of construction, or that represent a distinguishable entity
of significance to the architectural, cultural, political, economic
or social history of the nation, state, local community or Pinelands,
although its components may lack individual distinction.
[d]
The presence of a site or area
which has yielded or is likely to yield significant information regarding
the history or archaeological history of the Pinelands.
(f)
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Planning Board.
(g)
The effect of the issuance of a certificate
of appropriateness is as follows:
[1]
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness, except as provided in Subsection K(12)(g)[2] below.
[2]
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection K(12)(e) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
(h)
The following information will be required to
document resources which are not found to be significant but which
are otherwise found to present graphic evidence of a cultural activity:
[1]
A narrative description of the resource and
its cultural environment.
[2]
Photographic documentation to record the exterior
appearance of buildings, structures, and engineering resources.
[3]
A site plan depicting in correct scale the location
of all buildings, structures and engineering resources.
[4]
A New Jersey State inventory form as published
by the New Jersey Department of Environmental Protection for buildings
and a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
(i)
If archaeological data is discovered on a site
at any time after construction has been commenced, the developer shall
immediately cease construction, notify the Planning Board and the
Pinelands Commission and take all reasonable steps to protect the
archaeological data in accordance with the Guidelines for the Recovery
of Scientific Prehistoric, Historic and Archaeological Data: Procedures
for Notification, Reporting and Data Recovery (36 CFR 66).
(13)
Energy conservation. All development shall be
carried out in a manner which promotes energy conservation. Such measures
may include southern orientation of buildings, landscaping to permit
solar access and energy-conserving building materials.
(14)
Air quality. All development shall adhere to
the relevant air quality standards of N.J.A.C. 7:27 et seq. Applications
for residential development of 50 or more units and any other development
involving more than 100 parking spaces located in the Borough shall
ensure that all state ambient air quality standards in N.J.A.C. 7:27
et seq. for carbon monoxide shall not be exceeded at places of maximum
concentration and at sensitive receptors. Adherence to the standards
of this section shall be determined by means of an air quality simulation
model approved by the New Jersey Department of Environmental Protection
pursuant to N.J.A.C. 7:27-18.3.
(15)
The height limitations specified in the schedule
of area, yard and building requirements shall not apply to the antenna
and any supporting structure of a local communication facility of
greater than 335 feet, provided that the standards set forth in N.J.A.C.
7:50-5.4(c) are met.
(16)
Residential density with Pinelands development
credits.
(a)
Residential density in the PR-1 and PR-2 Zones
shall not exceed 2.0 units per acre, except through the applicant's
proof of ownership of Pinelands development credits in which case
the density shall not exceed 3.0 units per acre.
(b)
A bonus of one residential unit shall be yielded
for every 0.25 of a Pinelands development credit redeemed. In no event
shall the number of residential units to be constructed exceed the
maximum density of 3.0 units per acre.
(c)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Borough approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Borough approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 335-28D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 12-26-2001 by Ord. No. 2001:16]
(d)
No conveyance, sale or transfer of Pinelands
development credits shall occur until the municipality with jurisdiction
over the parcel of land from which the Pinelands development credits
were obtained, the agency or organization to which the restriction
is in favor and the Pinelands Commission have been provided with evidence
or recordation of a restriction on the deed to the land from which
the development credits were obtained. Such deed restriction shall
specify the number of Pinelands development credits sold and that
the property may only be used in perpetuity for the uses set forth
in N.J.A.C. 7:50-5.47.
(e)
In the event that Pinelands development credits
have been used to secure an increase in density not associated with
the particular project receiving and approval from Berlin Borough,
said approval is deemed to be null and void.
(f)
All applications for development in which Pinelands
development credits are to be utilized shall be subject to review
and approval by the Berlin Borough Planning Board.
(g)
Pinelands development credits may be used in
the Borough in the following manner:
[Amended 12-26-2001 by Ord. No. 2001:16]
[1]
To permit development of parcels of land in
the PR-1 District in accordance with the density and lot area requirements
set forth in the Schedule of Density, Bulk and Yard Requirements in
the R-1 and PR-1 Districts;[4]
[4]
Editor's Note: The Schedule of Density, Bulk and Yard Requirements is included at the end of this chapter.
[2]
When a variance of density or minimum lot area
requirements for the PR-1 or PR-2 Districts is granted by the Borough,
Pinelands development credits shall be used for all dwelling units
or lots in excess of that otherwise permitted without the variance;
[3]
When a variance or other approval for the development
of a nonresidential use not otherwise permitted in the PR-1 District
is granted by the Borough, Pinelands development credits shall be
used at 50% of the maximum rate permitted for Pinelands development
credit use in the PR-1 District for parcels under 10 acres in size;
at 75% of the maximum rate for parcels between 10 and 20 acres in
size; and at 100% of the maximum rate for parcels over 20 acres in
size; this requirement shall not apply to a variance or other approval
which authorizes the expansion of or changes to existing nonresidential
uses in accordance with N.J.A.C. 7:50-5.2;
[4]
When a variance or other approval for the development
of a residential use in the PC-1, PC-2 or PI-3 Districts is granted
by the Borough, Pinelands development credits shall be used for 50%
of the authorized units for parcels under 10 acres in size; for 75%
of the authorized units for parcels between 10 and 20 acres in size
and for 100% of the authorized units for parcels over 20 acres in
size; and
[5]
When a waiver of strict compliance is granted
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
L.
[5]Principal uses in the Pinelands Area. Except as noted herein,
no lot in the area of the Borough within the Pinelands Protection
Area shall have erected upon it more than one principal permitted
use and no more than one principal building. The exceptions shall
be shopping centers, apartment or townhouse complexes, condominiums
projects and industrial, business or office complexes, all receiving
subdivision and/or site plan approval(s) with the plats showing the
location of all buildings. Developments with multiple buildings and
uses such as these may be approved on one lot, provided that each
principal building and its accessory buildings are designed and spaced
on the tract so they would allow a conforming subdivision at some
future date (such as might occur for financing or other reasons) by
having the required street frontage, not exceeding the applicable
floor area ratio and meeting the minimum lot size, lot dimensions,
yards, parking, coverage and similar zoning and bulk requirements.
[Added 5-21-2007 by Ord. No. 2007-06]
[5]
Editor's Note: Former Subsection L, Principal
use, was deleted 10-5-2006 by Ord. No. 2006-18.
M.
Prohibited uses. Other uses not expressly permitted
in this chapter are prohibited, including but not limited to:
(1)
Any use which emits excessive or objectionable amounts
of dust, fumes, noise, odor, smoke, vibrations or waste products.
(2)
Junkyards.
(3)
Adult bookstores and related establishments.
(4)
The use of any portable building or structure, stationary
vehicle or stand of any description for the purpose of displaying
or selling food, merchandise or commodities of any kind.
(7)
Trucks and commercial vehicle parking. The parking of large trucks, construction vehicles, flatbeds, school buses and other nonresidential vehicles shall be prohibited in residential zones, except as may be allowed and regulated by the more restrictive provisions of either in § 335-77V and Chapter 309, Trailers and camp cars, of the Code of the Borough of Berlin.
[Added 9-15-1997 by Ord. No. 97-16]
N.
Recreation vehicles.
(1)
Any recreational vehicle parked on a lot shall be
owned by the resident of that lot and shall not be occupied for living
purposes.
(2)
The number of recreational vehicles parked outside
a garage shall be limited to one per lot or, in the case of small
vehicles mounted on a trailer, one trailer per lot.
(3)
No trailer used to transport recreational vehicles
may be parked or stored on site empty unless in an enclosed building
such as a garage. All recreational vehicles which require a trailer
to transport them shall be mounted on a trailer at all times if the
recreational vehicle is parked or stored outside an enclosed building.
No recreational vehicle parked or stored outside an enclosed building
shall be mounted on blocks, framing or other structure other than
the trailer used to transport the recreational vehicle.
(4)
A parked or stored recreation vehicle shall be required
to be located in the rear and side yard of the residential property
of the owner of the recreation vehicle. No recreation vehicle shall
be permitted to be stored or parked in a front yard, including the
driveways located in a front yard, and none shall be permitted to
be parked or stored on public property, including a public street
or other right-of-way.
[Added 9-15-1997 by Ord. No. 97-16]
O.
Sales offices/model homes. Residential developments
involving the construction of more than 10 new dwelling units are
permitted to operate one sales office from either a model home or
a temporary sales trailer in any residential district during the time
new dwelling units are being offered for sale in that development.
Such sales office shall be operated only for the purpose of selling
new dwelling units in the development where the sales office is located
and shall not operate as a real estate or sales office for either
dwelling units or properties located elsewhere. When contracts of
sale have been executed for all dwelling units in the development,
the sales office shall be vacated no later than 30 days after the
last contract of sale has been executed or the issuance of a certificate
of occupancy for the last structure in the development, whichever
occurs first. In developments offering more than one housing type,
i.e., detached single-family homes and townhouses, one sales office
may be located in a model of each housing type except that no more
than one temporary sales trailer may be permitted and no more than
three sales offices in total may be operated as part of any residential
development.
(1)
The sales office shall be situated on a lot or in
a structure which was approved as part of the development and the
structure (either the model home or the temporary sales trailer) shall
meet all setback requirements.
(2)
The sales office shall receive site plan approval
from the Zoning Officer prior to placing the structure on the site
for the purpose of reviewing and approving off-street parking (minimum
eight spaces), lighting in the event evening hours are intended and
a landscaping plan.
(3)
Where a temporary sales trailer is to be used, site
plan approval by the Zoning Officer shall include the requirement
to execute a developer's agreement with a performance bond to secure
the removal of the trailer and any related temporary structures, regrading
the site, removal of any pavement, landscaping and other improvements
that will not remain for the permanent structure and soil stabilization.
Said work shall begin within 30 days and be completed within 90 days
of the termination of operations as set forth above.
P.
Service stations. (See definition.)[8] Service stations are intended to be facilities which offer
retail services and vehicle supplies to motorists along a highway.
It is not intended that service stations be interpreted to mean larger
or more intense commercial or industrial operations, such as vehicle
towing operations, major centers for vehicle or other equipment rentals,
sites to store, repair or rebuild vehicles that have been hauled,
impounded or otherwise abandoned or junk/scrap yards.
(1)
All storage areas, trash facilities, pits, lifts and
working areas shall be within a building. All lubrication, repair
or similar activities shall be performed in an enclosed building,
and no scrap material, dismantled parts or supplies shall be placed
or stored outside.
(2)
All gasoline pumps, air pumps and the islands upon
which pumps are normally located shall be set back from the street
line at least 60 feet and from any other property line at least 50
feet. A minimum space of 25 feet shall exist between any two islands
and between any island and the service station building.
(3)
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. Other than employees' vehicles, no more than six motor vehicles
may be located outside a service station building for a period not
to exceed five days, provided the owners are awaiting the repair of
said motor vehicles.
(4)
The incidental exterior display and parking of equipment
for rent or sale shall be permitted, provided that the area devoted
to this purpose is in addition to the minimum lot size required for
a service station, the area devoted to this purpose does not exceed
20% of the total area of the entire site; all rental equipment is
stored/parked within a designated area delineated on the approved
site plan to be separate from the principal service station activities
so as not to interfere with the off-street parking and traffic circulation
required for the service station and the maximum sign area for a service
station is not exceeded.
(5)
It is intended that service stations be designed compatibly
with other permitted commercial or industrial uses in the zone in
which they are located, that they not be stripped along the available
highway frontage or at each quadrant of a convenient intersection
and that they be located within shopping centers and in office and
industrial complexes as an integral part of the overall design. Ingress
and egress shall be designed to recognize the turning movements generated.
These access points shall be coordinated with the access points required
for nearby uses, frequency of intersecting side streets, minimizing
left turns off collector and arterial streets and maintaining building
setbacks compatible with the required setbacks and landscaping.
Q.
Supplemental setback requirements. The purpose of
the standards in this section is to provide for additional setbacks
from transportation and electric transmission rights-of-way to protect
adjoining uses from the hazards and impacts unique to these uses.
These hazards and impacts include the visual impact of structures
associated with these facilities, hazards related to the operation
of vehicles and equipment and the presence of high voltage lines and
related appurtenances. These supplemental setback requirements are
as follows:
[Amended 10-5-2006 by Ord. No. 2006-18; 5-21-2007 by Ord. No. 2007-06]
(1)
The setback otherwise required for any front, side
or rear yard abutting an arterial street, a collector street or a
railroad shall be increased by a dimension equal to 25 feet.
(2)
No structure used for human occupancy, including but
not limited to residential, business, industrial, educational and
public uses, shall be located within 200 feet of an electric transmission
line right-of-way.
R.
Signs and other forms of advertising. No sign of any
type shall be permitted to be located in a sight triangle or to obstruct
driving vision, traffic signals, and traffic direction and identification
signs nor to obscure light or air from a building. All signs shall
require a sign permit. All signs shall be constructed and anchored
in accordance with applicable construction codes.
[Amended 12-18-2002 by Ord. No. 2002:18]
(1)
Prohibited signs and other forms of advertising. The
following shall be prohibited:
(a)
Signs that are stapled, pasted, painted or otherwise
permanently attached to trees, utility poles, fences, rocks, curbs,
walls, lamps, hydrants, benches or bridges.
(b)
Animated, flashing and illusionary signs. Signs
using mechanical and/or electrical devices to revolve, flash or display
movement or the illusion of movement are prohibited, including the
outlining of windows, doors, wall panels or similar sections of a
facade with lights, except a sign alternately showing the time and
temperature is permitted where each sequence remains fixed for at
least three seconds.
(c)
Tethered balloons, banners [other than permitted for promotional signs in Subsection R(9)(d) below], kites, inflatable objects and similar tethered objects.
(d)
Pennants; nongovernment flags; strings of lights;
exposed neon, fluorescent, laser, fiber optic or similar forms of
light tubes (other than where the light tubes are an integral part
of a sign included in the sign area); or other materials strung on
or around the lot.
(e)
Freestanding signs not permanently anchored into the ground, such as tripods, A-frames, signs on trailers or similar portable structures used as signs, except mobile signs are permitted pursuant to § 218-16, Fee schedule, of the Code of the Borough of Berlin.
(f)
Search lights.
(g)
Signs such as, but not limited to, various professional
services, piano tuning, lawn care, house painting and home repairs,
located on residential properties where the sign advertises the occupation
of the resident but the business and/or service is conducted at another
location.
(h)
Signs advertising or identifying a business
or use no longer in existence or a product no longer available at
the property on which it is located.
(i)
Any sign shall be erected containing information
on it which states or implies that a property may be used for any
purpose not permitted under the provisions of this chapter.
(j)
Signs with any lighting or control mechanism
which may cause radio or television interference.
(k)
Any sign that is not permanently attached to
the ground or a building, including any sign mounted on or attached
to a vehicle which is not capable of self-propulsion and registered
with the New Jersey Division of Motor Vehicles and any sign that is
projected onto a surface such as a movie, video screen or other means.
(2)
Attached signs. Signs attached to a building shall
be affixed parallel to the wall to which they are attached and the
face of the sign shall project no more than 15 inches from the surface
of the wall. No sign shall project beyond the corner of a building
facade.
(3)
Height. The uppermost part of an attached sign shall
not exceed the base of the second floor windowsill in a two-or-more-story
structure or the base of the roof or 20 feet, whichever is lower,
in either a one-story structure or a structure without windows. The
uppermost part of a freestanding sign shall not exceed 20 feet unless
specified otherwise for specific types of uses in following subsections
of this section. The lowest portion of any sign which projects above
an area traversed either by motor vehicles or pedestrians shall be
at least 15 feet and 10 feet respectively.
(4)
Illuminated signs. Illuminated signs shall be arranged
to reflect the light and glare away from adjoining lots and streets.
No sign shall be permitted to have beam, beacon or flashing illumination.
All signs lighted from the exterior shall have the lighting 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 have translucent
fixtures to eliminate having the light shine directly into driver's
eyes and to reduce off-site effects.
(5)
Location. Attached signs may be located so as not
to conflict with any height, obstruction to driver vision, obstruction
or danger to vehicles or similar regulations of this chapter. Freestanding
signs shall be located only in the front yard and shall be no closer
to a side lot line than the minimum side yard for the principal building
and not located in any sight triangle. These signs shall also comply
with the requirements for specific types of uses in the following
subsections of this section. No sign shall be illuminated between
the hours of 10:00 p.m. and 7:00 a.m. the following morning unless
the business or use so advertised is open to the public later than
10:00 p.m., in which case the establishment may keep its sign illuminated
until the business closes but not after. Each business with an approved
individual site plan with at least 50 feet of indigenous street frontage
may have one freestanding sign on each street frontage for front yards
only. The signs shall not be larger than 1/2 square foot of sign per
linear front yard foot of the building, with a maximum of 150 square
feet of area, and shall be placed within the property lines of the
premises to which they relate.
[Amended 12-14-2017 by Ord. No. 2017-15]
(6)
Permanency and maintenance. Signs and the area surrounding
the signs shall be maintained in good condition and not allowed to
become dilapidated or unkempt. Signs shall consist of permanent materials.
Clip-on letters, attached banners or similar temporary or changeable
components shall be prohibited.
(7)
Sign area and dimensions. Sign area shall include
lettering, wording, coloring and accompanying designs and symbols,
together with the background, whether open or enclosed. The sign area
shall be measured to the outside edges of the frame, or background
but not including any supporting framework and bracing incidental
to the display itself. A freestanding sign with two exposures shall
have a total sign area consisting of the area of one side of the sign,
but both sides may be used. Street number designations, postal boxes,
family names on residences, on-site traffic directional and parking
signs, signs posting property as private property or 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.
(8)
Sign content. Signs shall be limited to information
related to the property on which it is located. Off-site signs are
prohibited.
(9)
Temporary signs.
(a)
Real estate signs. Nonilluminated real estate
signs temporarily advertising the sale, rental or lease of the premises
shall be, if not attached to the building, set back at least 0.5 the
building setback but need not exceed 15 feet from any street and property
line. Signs shall not exceed 12 square feet. Signs shall be removed
at the expense of the advertiser within 15 days after the termination
or completion of the matter being advertised. Real estate signs do
not require a sign permit. No more than one real estate sign shall
be permitted along each street on which the property has frontage.
Real estate signs shall be permitted only on the lot which the sign
is advertising.
(b)
Construction signs. No more than one nonilluminated
sign advertising the name of the building under construction, general
contractor, subcontractor, financing institution, any public agencies
or officials and the professional personnel who worked on the project
are permitted on a construction site beginning with the issuance of
a sign permit and terminating with the cessation of the work or the
completion of the job, whichever comes first. Such signs shall not
exceed an area of 12 square feet.
(c)
Home repair businesses. One temporary sign indicating
the name of the business, phone number and type of service (painting,
roofing, etc.) is permitted on the lot where the work is being performed.
The sign shall not exceed 12 square feet, be placed in the front yard
at least 10 feet from the curb and be removed when the work is completed.
(d)
Special event or promotional sign. An applicant
shall be required to obtain approval in order to display not more
than one special event sign per use announcing or advertising an educational,
charitable, professional, civic or religious special event or the
opening of a new business, or an unusual event for a business. Said
signs may be banner signs. The maximum size shall be 32 square feet,
and such a sign may be in place for not more than 30 days.
(f)
New residential developments may have one temporary,
on-site sign displaying the name of the development and only when
approved as part of the subdivision or site plan application. The
sign is permitted to exist only during the period of construction
starting with the rough grading of the roads and ending with the issuance
of the construction permit for the last dwelling unit. The removal
of the sign shall be bonded to assure its removal within 60 days after
the issuance of the last construction permit. The sign shall be located
on the site of the development, be not more than 32 square feet in
area, be placed in an area which is landscaped as approved on the
plat, have a height not exceeding five feet, be unlighted and be set
back at least 25 feet from the street right-of-way and from adjacent
lots.
(10)
Informational and direction signs.
(a)
Signs containing street number designations,
household nameplates, postal boxes, historical markers, directional
signs and advisory signs, such as but not limited to "private property,"
"no soliciting," "no trespassing," "warning dog," shall be permitted
provided that they do not exceed two square feet in size.
(b)
Pavement markings designed and utilized to control
the flow of traffic on property are permitted.
(c)
Signs to regulate vehicular and pedestrian traffic
are permitted, provided that they meet the standards of the Manual
on Uniform Traffic Control Devices for Streets and Highways, United
States Department of Transportation Federal Highway Administration,
as amended.
(11)
Residential zones. Signs in the residential
zone shall be as follows:
(a)
Nameplate/street number: maximum two square
feet.
(b)
Home occupation: no sign permitted.
(c)
Apartment or townhouse complex: one sign at
each principal entrance to the development but no more than two signs
in any event. The sign shall not exceed 50 square feet, be no higher
than five feet above street level, be located outside all sight triangles,
be set back from any street pavement at least 10 feet and be located
within a planted/landscaped area. Parking and other directional signs
shall be permitted as approved on the site plan. The sign shall contain
only the name of the development and/or a logogram or symbol.
(12)
Commercial/industrial uses in nonresidential
zoning districts.
(a)
Freestanding signs. In addition to any attached
sign(s), one freestanding sign shall be permitted for each street
frontage for any shopping center, office complex or other business
or industrial development (off-site signs are not permitted). Each
indigenous street frontage shall be a minimum of 50 feet to allow
a freestanding sign, the freestanding signs are only permitted in
front yards, and any business or industrial development shall have
no more than two freestanding signs. The freestanding sign shall be
constructed so that the sign is supported by a single pole, stanchion,
beam or similar item (tripod or double-pole supports are not permitted
in order to reduce visual clutter).
[Amended 12-14-2017 by Ord. No. 2017-15]
[1]
A freestanding sign shall be set back at least
20 feet from the street right-of-way and the same as the minimum setback
for the principal building in side and rear lot yards.
[2]
The maximum size of a freestanding sign shall be the smaller of either 10% of the front building facade or 200 square feet, including any tenant signs allowed in Subsection R(12)(a)[4] below.
[3]
Freestanding signs may be illuminated.
[4]
The copy on a freestanding sign shall be limited
to the street number and the name and logo of the business, use or
complex it identifies. Tenant directories shall be prohibited, except
that the freestanding sign of a shopping center may list the name
of each tenant having a gross floor area of 50,000 square feet or
greater, provided that said tenant sign shall be limited to an area
of between 20 and 40 square feet.
[Amended 10-5-2006 by Ord. No. 2006-18; 5-21-2007 by Ord. No. 2007-06]
[5]
A freestanding sign shall be no higher than
20 feet. The bottom of the sign shall be at least seven feet above
grade.
[Amended 10-5-2006 by Ord. No. 2006-18; 5-21-2007 by Ord. No. 2007-06]
[6]
Ground level signs may be erected in lieu of
the freestanding sign, provided that the sign does not exceed 40 square
feet, be no higher than five feet, be located outside of all sight
triangles, be set back from any street right-of-way or driveway pavement
at least 10 feet, be located within a planted, landscaped area, only
be illuminated internally, have no void between the sign and the ground,
state only the name of the business and/or the services and products
made or sold on the premises and shall not contain a directory of
uses.
(b)
Attached signs. Attached signs shall be signs
attached to the wall of a building and comply with the following:
[1]
Only advertise the name of the business conducted
on the premises and/or the services and products produced, made or
sold on the premises.
[2]
Be internally illuminated, if illuminated.
[3]
Not exceed 20 feet or the highest point of the
facade of the building to which the sign is attached, whichever is
lower.
[4]
Number and size of attached signs.
[a]
Commercial uses, including shopping
centers, retail sales and personal services:
[b]
For all permitted and conditional uses other than those in Subsection R(12)(b)[4][a] above, one attached sign per business shall be permitted which sign shall not exceed the requirements for signs located on buildings within 51 feet to 100 feet of the street right-of-way as noted in Subsection R(12)(b)[1] above.
[c]
For shopping centers or strip stores:
one undercanopy sign for each business use, provided that the dimensions
of the signs shall not exceed one foot in width or four feet in length,
and they are at least eight feet above the pedestrian walk.
[d]
For movie theaters, theaters and
sports areas: those signs permitted above, plus one changeable copy
sign with a maximum sign area of 100 square feet.
(c)
Sales signs.
[1]
Businesses having temporary signs advertising
or announcing sales or similar special events, products, or merchandise
shall be permitted, provided that the signs, in aggregate, do not
exceed 20% of the gross glass area of any one wall.
[2]
Sales signs shall be affixed to the inside glass
surface of any window area.
(d)
Display windows. Businesses are permitted display windows provided that the same window has no attached signs to the glass such as permitted in Subsection R(12)(c) above, and the display consists of products sold by the business.
(e)
Tenant signs (directory or ladder signs).
[1]
Not more than two tenant name signs per place
of business may be erected and maintained on the property as set forth
below, said sign(s) to identify the occupants of the building and
their profession or business.
[2]
Individual tenant signs attached to the entrance
of a building shall not exceed 1.5 square feet in size per tenant,
maximum 12 square feet aggregate with each tenant name having letters
no taller than four inches.
[3]
Lots having more than one building may have
tenant signs aggregated into a directory sign located at or near the
main entrance into the building and be either attached to the building
or be freestanding not more than 10 feet from the entrance to the
building, provided that the resulting directory sign does not exceed
one square foot per business or 16 square feet in aggregate, whichever
is less, with each tenant name having letters no taller than two inches,
and; provided, further, that said directory sign is located at least
50 feet from the curbline of any adjacent street to avoid the sign
being read by drivers traveling the adjacent street.
[4]
Tenant signs attached to freestanding signs are not allowed except as set forth in Subsection R(12)(a)[4] above.
(13)
Public and quasi-public uses (churches, lodges,
etc.). One sign with a maximum area of 12 square feet per side shall
be permitted. The maximum height of a freestanding sign shall be five
feet (less than 2.5 feet if located within a sight triangle) and be
set back from any street pavement at least 10 feet. Where a building
or lot has frontage on more than one street, one sign may be located
on each street.
(14)
Pinelands. Within the Pinelands Area, the provisions of § 335-77K(9) shall also be met. To the extent of any inconsistencies or conflicts, the most restrictive requirements shall be met.
(15)
Central Business District signs. The following additional performance and design standards shall apply to properties within the Central Business District (C-1) zone and those properties located in the Institutional District with frontage on South White Horse Pike between Berlin-Cross Keys Road and Taunton/East Taunton Avenues. Where the provisions of this Subsection R(15) conflict with another provision of § 335-77R, the provisions herein shall apply within the delineated area.
[Added 10-4-2010 by Ord. No. 2010-12]
(a)
Design guidelines. The following guidelines should be used in
the design of signs for the Central Business District.
[1]
Signs should strengthen the architectural integrity of buildings.
Signs which obscure a building's architecture should be avoided. Signs
should be integrated with a building's architecture in terms of form,
materials, color, and size.
[2]
Signs should be appropriate for the era in which the building
was constructed.
[3]
Signs should not alter the way in which a building functions.
[4]
Designers should strive for creativity in the form and variety
of signage within the size limitations set forth herein.
[5]
Designers are strongly encouraged to include symbols, images,
and other graphic objects as the main focal point of a sign to convey
the type of establishment occupying the premises.
[6]
The typeface used to represent words should convey the character
of the establishment and the era of the building.
[7]
The contrast of a sign's lettering and symbols with its background
should be disparate to convey legibility.
(b)
Permitted sign types.
[1]
Freestanding sign. One freestanding sign may be erected not
to exceed 12 square feet in area or six feet in height in a front
yard only. No freestanding sign shall be located closer than four
feet to a right-of-way line. Freestanding signs shall take the form
and ratio of height to width as indicated in the following illustration.
Two freestanding signs are permitted with lots having two front yard
street frontages.
[Amended 12-14-2017 by Ord. No. 2017-15]
 |
[2]
Attached or projecting sign. One attached or one projecting
sign may be erected facing each street frontage. The permitted sign
area shall be 5% of the total facade area, or a maximum of 20 square
feet, whichever is less.
[3]
Establishments with entrances accessible from a rear yard public
parking area may have an additional attached sign not to exceed six
square feet identifying the rear entrance.
[4]
A-frame sign. An A-frame sign for retail establishments conforming
to the following:
[a]
The sign may be displayed only during business
hours.
[b]
Each side of the sign may not exceed six square
feet in area.
[c]
The sign shall consist of a framed chalkboard or
tack board. Permanent lettering, excepting the name of the establishment,
shall not be permitted.
[d]
The location of the sign shall not interfere with
pedestrian or vehicular traffic.
[5]
Awning signs. An awning sign shall be permitted in lieu of an
attached sign in accordance with the size limitations for attached
signs.
[6]
Changeable copy. Changeable-copy signs shall be permitted for
institutional uses, establishments booking live performances, and
for service stations selling motor fuel. Such signs shall not exceed
12 square feet in area and shall be integrated with permanent-copy
freestanding or attached signs as otherwise permitted.
[7]
Directory signs. One directory sign shall be permitted attached
to the facade at a main entrance, rear entrance, or stair access to
upper floors.
[8]
Menu signs. Restaurants or other eating and drinking establishments
may erect one additional attached sign for the placement of a menu
or other bill of fare, provided the sign does not exceed four square
feet in area.
S.
Swimming pools and hot tubs.
(1)
General provisions applicable to all uses.
(a)
No private residential pool or hot tub shall
be installed on any lot unless said lot shall contain a residence.
(b)
All pools and hot tubs shall be a residential
accessory use.
(c)
Outdoor hot tubs shall be required to have a
cover capable of being locked.
(d)
Pools and hot tubs shall otherwise be installed,
operated and used in accordance with other health and safety ordinances
regarding water filtration, circulation and treatment; fencing; noise;
and lighting.
(e)
A noncommercial pool may be operated as part
of the common property of a homeowners' association for the use and
enjoyment of the residents of a specific development. Pools operated
by a homeowners' association shall be located as approved on a subdivision
and site plan for that residential development.
(2)
Single-family.
(a)
Any pool or hot tub shall be located only in the side or rear yard of a single-family residence and shall meet the setback requirements for a swimming pool in the district in which it's located. Where the pool or hot tub is located on a patio or deck attached to the principal building, the setback shall meet the setback requirements for the principal building. Where the pool or hot tub is located on a corner lot, the rear yard shall be deemed to be that portion of the property to the rear of the residence, but in all other respects, the lot shall satisfy the requirements of corner lots established in § 335-77H.
(b)
Hot tubs may be located within the dwelling
unit or they may be located on a porch, deck or patio, provided that
the hot tub is within an area enclosed by a fence or wall that is
not less than four feet in height.
(c)
Fencing shall be required around pools. The
minimum height shall be four feet.
T.
Storage of vehicles.
(1)
The exterior storage of no more than two vehicles which are unregistered or inoperable or dismantled shall be permitted in a residential zone for a period of up to six months. An additional six-month extension may be permitted upon written approval of the Zoning Officer, as set forth in Subsection T(3) below.
(2)
Other than as permitted in Subsection T(1) above, no vehicle which is unregistered or inoperable or dismantled shall be permitted in any residential zone.
(3)
A motor vehicle shall be deemed to be stored if it
has been parked on or around the property for a time period of at
least 30 days. This thirty-day requirement need not be continuous.
Extensions of up to six months shall be allowed by the Zoning Officer
only in those cases where the motor vehicle is being repaired or restored
or for the construction of a personally owned vehicle. This section
shall not be construed to allow the storage of any motor vehicles
which are utilized or to be utilized in connection with a business
or business venture. The additional six months' extension, as allowed,
may be granted by the Zoning Officer only if the property owner can
demonstrate that substantial progress has been made on the repair
or restoration or construction of said vehicle.
(4)
No motor vehicle which is on blocks, car ramps, or
any type of lifting device shall be left unattended unless housed
within a secure garage or secured fenced area.
(5)
No motor vehicle shall be stored as aforesaid unless
it is parked a minimum of 10 feet from the property line.
(7)
Trucks and commercial vehicles in residential districts. Construction vehicles, including trailers and flatbeds that transport construction vehicles, tractor-trailers, dump trucks, school buses and similarly sized vehicles shall not be permitted to be parked in a residential zoning district, either on a lot or in a public street. However, vehicles with a gross weight not exceeding 26,000 pounds may park in the public street between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and 9:00 a.m. and 5:00 p.m., Saturdays and Sundays. Commercial vehicles not exceeding a gross weight of 12,000 pounds may park on a lot as long as the vehicle is owned or leased by the owner or tenant of the property and/or authorized by an employer for use, and provided that such vehicles are parked or stored in a manner consistent with the recreation vehicle parking requirements set forth in § 335-77N(4).
[Added 9-15-1997 by Ord. No. 97-16; amended 7-7-2008 by Ord. No. 2008-03]
U.
Yards. No open space provided around any principal
building for the purpose of complying with front, side or rear yard
provisions or the spacing between buildings shall be considered as
providing the yard provisions or spacing requirements of another building.
On a lot which extends through a block in a manner resulting in frontage
on two or more streets, including corner lots, the building setback
from each street shall not be less than the required front yard. Where
a lot is shaped to have more than four sides, there shall be no more
than two side yards. Any remaining lot boundaries shall have either
front or rear yard setbacks, as appropriate. Minimum front, side and
rear yard dimensions shall comply with the applicable definitions
of "yards."[11]
V.
Standards for the hours of operation for retail uses.
No retail use containing a floor area of 100,000 square feet or more
shall conduct any business-related activity including sales, services,
or the sending or receiving of goods and materials, including deliveries,
between the hours of 12:00 p.m. (midnight) and 6:00 a.m.
W.
All classes
of medical and recreational cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16,[13] but not the delivery of cannabis items and related supplies
by a delivery service.
[Amended 6-10-2021 by Ord. No. 2021-09]
[13]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Amended 9-15-1997 by Ord. No. 97-16; 12-18-2002 by Ord. No.
2002:18; 5-28-2003 by Ord. No. 2003:10]
PR-1 is in the Pinelands.
A.
Purpose. The purposes of the R-1 and PR-1 Districts are to create zoning districts for single-family homes and a limited number of compatible uses, except that in the Pinelands Area development shall comply with the R-1 District regulations, except that to the extent there may be an inconsistency with the R-1 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail. In both districts, residences shall be limited to detached single-family homes.
B.
Permitted principal uses (land and buildings). The
following shall be permitted principal uses:
C.
Permitted accessory uses on the same lot and customarily
incidental to the permitted principal use shall be as follows:
(1)
Private garages and parking areas, patios, decks,
balconies and porches, provided that such accessory uses are subordinate
to the principal use and serve only the principal use.
(2)
Swimming pools and hot tubs accessory to single-family dwellings, including the pool's related decking and coping, provided that all facilities conform to § 335-77S.
(4)
Tool, storage or garden shed with detached single-family
dwellings.
(5)
Temporary equipment and temporary structures associated
with development activities shall be permitted during the construction
period beginning with the issuance of a construction permit and concluding
with the issuance of a certificate of occupancy or two years, whichever
is less, provided that said equipment and structures are situated
on the site where construction is taking place.
(6)
Amateur radio transmitting and receiving devices and television and satellite dish receiving antennas consistent with § 335-77B.
(8)
Family day-care homes are permitted as an accessory
use to a detached single-family dwelling, provided that they are licensed
by the New Jersey Department of Human Services and provided that they
adhere to the following conditions. Where the following conditions
may conflict with the requirements of the Department of Human Services,
the regulations of the Department of Human Services shall prevail:
(a)
A family day-care home operating in a detached
single-family dwelling is limited to no more than five children in
addition to the children of the residents of the home, provided that
the site meets the minimum area and dimensional requirements for the
lot in this zone and provides a minimum of four off-street parking
spaces and a paved driveway measuring at least 18 feet wide by 40
feet in length.
(9)
Home occupation.
(a)
Nine hundred square feet or the equivalent of
25% of the first floor of a residence, whichever is smaller, but a
maximum of one room in any event may be used for work purposes for
the convenience of the resident of the dwelling who lives in the dwelling
unit, provided that the following conditions are met:
[1]
The activity may be conducted in either the
principal building or an accessory building, but not both.
[2]
The remainder of the dwelling unit must meet
all other health, safety and related requirements for a dwelling unit.
[3]
No more than one employee may work at the dwelling,
other than the resident(s) of the dwelling, provided there is sufficient
off-street parking for that employee.
[4]
No employee(s) may be dispatched from the site.
[5]
No sign shall be visible from the exterior of
the dwelling.
[6]
No activity shall be visible from a property
line or street.
[7]
There shall be no change in the exterior residential
appearance of the dwelling.
[8]
There shall be no occupational sound, light
or other nuisance created which would be audible or visible outside
the building.
[9]
There is no delivery of bulk raw materials to
or shipment of finished goods from the site, and the use does not
result in on-site sales or visitations by customers or clients.
(b)
If these conditions are all met, the use is
considered a customary and incidental use of the home for the convenience
of the resident occupant, and no permit or approval shall be required.
If any of the conditions are not met, the function shall not be a
permitted use.
E.
Density, bulk and yard requirements applicable for
all permitted accessory uses and for permitted nonresidential uses.
(1)
The minimum requirements for nonresidential uses shall
be as follows:
[Amended 12-14-2017 by Ord. No. 2017-15]
|
Minimum Lot
|
Minimum Yard
| |||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
Area
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Each
Side
(feet)
|
Rear
(feet)
|
Maximum Building Height
(feet)
|
Maximum Percentage of Lot Coverage
|
|
Places of worship
|
3 acres
|
250
|
250
|
100
|
50
|
50
|
35
|
25%
|
|
Utility service
|
20,000 square feet
|
100
|
125
|
45
|
25
|
40
|
35
|
20%
|
|
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.
| ||||||||
(2)
Accessory uses shall adhere to the following standards:
|
Minimum Distance to
| ||||
|---|---|---|---|---|
|
Use
|
Front Lot Line
(feet)
|
Side Lot Line
(feet)
|
Rear Lot Line
(feet)
|
Maximum Height
(feet)
|
|
Swimming pool and hot tub (measured to the water's
edge)
|
*
|
10
|
10
|
N/A
|
|
Detached garage
|
45
|
20
|
5
|
15
|
|
Cabanas
|
*
|
15
|
15
|
12
|
|
Residential antennas and satellite dishes
|
*
|
See § 335-77B
| ||
|
Tool, storage or garden sheds not to exceed
150 square feet
|
*
|
5
|
5
|
10
|
|
Fences, walls
[Amended 12-17-2003 by Ord. No. 2003-21] |
45
|
Up to, but clear of, the lot line
| ||
|
Decks, patios and walkways
| ||||
|
Associated with pool
|
*
|
5
|
5
|
1 (above pool)
|
|
Not associated with pool
|
45
|
10
|
10
|
N/A
|
|
All other accessory uses or structures not specifically
mentioned above
|
45
|
5
|
5
|
15
|
|
NOTES:
* Not permitted in front yard (§ 335-77S).
| ||||
F.
Density, bulk and yard requirements for residential
uses. Single-family detached dwellings shall meet the standards as
set forth in the Schedule of Density, Bulk and Yard Requirements in
the R-1 and PR-1 Residential Districts.[1]
[1]
Editor's Note: Said schedule can be found
as an attachment to this chapter.
[Amended 9-15-1997 by Ord. No. 97-16; 10-19-1998 by Ord. No.
98-17; 12-18-2002 by Ord. No. 2002:18; 5-28-2003 by Ord. No.
2003:10]
A.
Purpose. The purposes of the R-1a District are to
create a zoning district for detached single-family dwellings and
a limited portion of townhouses along with the opportunity to provide
a portion of the Borough's low- and moderate-income housing need.
B.
Permitted principal uses (land and buildings). The
following shall be permitted principal uses:
(1)
Detached single-family dwellings which shall comply
with the provisions of the Borough's affordable housing requirements
unless the obligations set forth thereunder have been met.
(2)
Townhouses are permitted only in developments providing the affordable housing units. Once that obligation has been met, townhouses are not permitted in the R-1a District. Where permitted, townhouses shall conform to the standards set forth below and in § 335-49, Lower-income housing and § 335-35, Apartments and townhouses.
(3)
Parks and playgrounds owned and operated by the Borough,
or by a homeowners' association for the benefit of the residents of
that development and other Borough facilities.
(4)
Churches, synagogues and convents.
(5)
Utility services as defined herein.
C.
Permitted accessory uses on the same lot and customarily
incidental to the permitted principal use shall be as follows:
(1)
Private garages and parking areas, patios, decks,
balconies and porches, provided that such accessory uses are subordinate
to the principal use and serve only the principal use.
(2)
Swimming pools and hot tubs accessory to residences, including their related decking and coping, provided that all facilities conform to § 335-77S.
(4)
For detached single-family dwellings:
(a)
Tool, storage or garden shed with detached single-family
dwellings.
(b)
Temporary equipment and temporary structures
associated with development activities shall be permitted during the
construction period beginning with the issuance of a construction
permit and concluding with the issuance of a certificate of occupancy,
or two years, whichever is less, provided that said equipment and
structures are situated on the site where construction is taking place.
(c)
Amateur radio transmitting and receiving devices and television and satellite dish receiving antennas consistent with § 335-77B.
(e)
Family day-care homes are permitted as an accessory
use to a detached single-family dwelling, provided that they are licensed
by the New Jersey Department of Human Services and provided that they
adhere to the following conditions. Where the following conditions
may conflict with the requirements of the Department of Human Services,
the regulations of the Department of Human Services shall prevail:
[1]
A family day-care home operating in a detached
single-family dwelling is limited to no more than five children in
addition to the children of the residents, provided that the site
meets the minimum area and dimensional requirements for the lot in
this zone and provides a minimum of four off-street parking spaces
and a paved driveway measuring at least 18 feet wide by 40 feet in
length.
(f)
Home occupation.
[1]
Nine hundred square feet or the equivalent of
25% of the first floor of a residence, whichever is smaller, but a
maximum of one room in any event may be used for work purposes for
the convenience of the resident of the dwelling who lives in the dwelling
unit, provided that the following conditions are met:
[a]
The activity may be conducted in
either the principal building or an accessory building, but not both.
[b]
The remainder of the dwelling unit
must meet all other health, safety and related requirements for a
dwelling unit.
[c]
No more than one employee may work
at the dwelling, other than the resident(s) of the dwelling, provided
that there is sufficient off-street parking for that employee.
[d]
No employee(s) may be dispatched
from the site.
[e]
No sign shall be visible from the
exterior of the dwelling.
[f]
No activity shall be visible from
a property line or street.
[g]
There shall be no change in the
exterior residential appearance of the dwelling.
[h]
There shall be no occupational
sound, light, or other nuisance created which would be audible or
visible outside the building.
[i]
There is no delivery of bulk raw
materials to or shipment of finished goods from the site and the use
does not result in on-site sales or visitations by customers or clients.
[2]
If these conditions are all met, the use is
considered a customary and incidental use of the home for the convenience
of the resident occupant, and no permit or approval shall be required.
If any of the conditions are not met, the function shall not be a
permitted use.
D.
Conditional uses.
(1)
A child-care center or a day-care center for six or more children shall be permitted as a principal use, provided that the applicable standards set forth in § 335-77D are met as conditions for this conditional use as if set forth in these zoning provisions.
(2)
The construction of age-restricted housing shall be
conditioned on the following:
(a)
Minimum age. Occupancy shall be limited to persons
having attained the following ages:
[1]
Age 62 and over. No more than two people may
reside in a unit. One resident shall be age 62 or over, and no more
than one other person, such as the spouse or one immediate relative,
live-in domestic, companion or nurse, may be less than age 62 but
shall be age 18 years or older. These age restrictions shall apply,
except that the superintendent's unit and not more than 20% of the
units occupied by handicapped persons need not be age-restricted.
(d)
Lot area and locational requirements.
(e)
Deed restrictions. The age and income requirements
for age-restricted housing developments shall be required to be recorded
in the deed to the property and be applicable to each dwelling unit.
E.
Density, bulk and yard requirements applicable for
all permitted accessory uses and for permitted nonresidential uses.
(1)
The minimum requirements for nonresidential uses shall
be as follows:
[Amended 12-14-2017 by Ord. No. 2017-15]
|
Minimum Lot
|
Minimum Yard
| |||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
Area
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Each
Side
(feet)
|
Rear
(feet)
|
Maximum Building Height
(feet)
|
Maximum Percentage of Lot Coverage
|
|
Places of worship
|
3 acres
|
250
|
250
|
100
|
50
|
50
|
35
|
25%
|
|
Utility service
|
20,000 square feet
|
100
|
125
|
45
|
25
|
40
|
35
|
20%
|
|
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.
| ||||||||
(2)
Accessory uses for detached single-family dwellings
shall adhere to the following standards:
|
Minimum Distance to
| ||||
|---|---|---|---|---|
|
Use
|
Front Lot Line
(feet)
|
Side Lot Line
(feet)
|
Rear Lot Line
(feet)
|
Maximum Height
(feet)
|
|
Swimming pool and hot tub (measured to the water's
edge)
|
*
|
10
|
10
|
N/A
|
|
Detached garage
|
45
|
20
|
5
|
15
|
|
Cabanas
|
*
|
10
|
10
|
12
|
|
Residential antennas and satellite dishes
|
*
|
See § 335-77B
| ||
|
Tool, storage or garden sheds not to exceed
150 square feet
|
*
|
5
|
5
|
10
|
|
Fences, walls
|
10
|
Up to, but clear of, the lot line
| ||
|
Decks, patios and walkways
| ||||
|
Associated with pool
|
*
|
5
|
5
|
1 (above pool)
|
|
Not associated with pool
|
45
|
10
|
10
|
N/A
|
|
All other accessory uses or structures not specifically
mentioned above
|
45
|
5
|
5
|
15
|
|
NOTES:
* Not permitted in front yard (§ 335-77S).
| ||||
F.
Density, bulk and yard requirements for residential
uses.
(1)
Single-family detached dwellings and apartments for
persons age 62 and over shall meet the following standards:
|
Single-Family Lot Requirements
| |||||
|---|---|---|---|---|---|
|
Cluster or Lot Size
| |||||
|
Type
|
Standard Lot Subdivision
|
Averaging Design
(See § 335-36)
|
Lots for Age 55 and over
|
Apartments for Age 62 and Over
| |
|
Minimum lot area (square feet)
|
9,950
|
7,260
|
5,000
|
See conditional use1
| |
|
Minimum lot width and frontage (feet) (see § 335-77Q)
|
75
|
70
|
50
|
200
| |
|
110
|
100
|
100
|
200
| ||
|
Front yard
| |||||
|
Garage door
|
40
|
35
|
25
|
N/A
| |
|
Other portion of building
|
40
|
35
|
35
|
75
| |
|
Side yards
| |||||
|
One side yard
|
10
|
10 each
|
5
|
50
| |
|
Total of both side yards
|
25
|
20
|
15
|
100
| |
|
Minimum distance between buildings
|
20
|
20
|
15
|
25
| |
|
Rear yard
|
25
|
25
|
25
|
50
| |
|
Maximum building height (feet)
|
30
|
30
|
35
|
50
| |
|
Maximum number of stories
|
2
|
2
|
2
|
4
| |
|
Maximum lot coverage (buildings and paving)
| |||||
|
At initial construction
|
35%
|
40%
|
N/A
|
40%
| |
|
2-story building
|
N/A
|
N/A
|
40%
|
N/A
| |
|
1-story building
|
N/A
|
N/A
|
50%
|
N/A
| |
|
Subsequent owners
|
+3%=38%
|
+5%=45%
|
+5%=45% or 55%
|
N/A
| |
|
Maximum density (per acre)
| |||||
|
If Borough's affordable housing obligation has
been met
|
2.75*
|
2.75*
|
2.75*
|
See conditional use[2]
| |
|
If additional affordable housing obligation
remains, a twenty-percent affordable housing set-aside is required
|
3.5
|
3.5
|
3.5
|
See conditional use[3]
| |
|
* NOTE: Maximum permitted after all the Borough's
affordable housing obligation has been met.
| |||||
(2)
Townhouses shall meet the following standards:
|
Standard
|
Requirement
| ||
|---|---|---|---|
|
Overall townhouse tract
| |||
|
Minimum tract area
|
3 acres
| ||
|
Minimum tract width
|
400 feet
| ||
|
Minimum lot width per unit
|
20 feet
| ||
|
Minimum lot depth
|
N/A
| ||
|
From perimeter of original tract
|
75 feet
| ||
|
From interior street
|
25 feet
| ||
|
From parking lot or the parking lot driveway/aisle
|
15 feet
| ||
|
Garage door from interior street or drive
|
25 feet
| ||
|
Front yard (can include parking and driveways)
|
30 feet
| ||
|
Side yard without parking and driveways
|
15 feet
| ||
|
Rear yard with parking and driveways
|
40 feet
| ||
|
Rear yard without parking and driveways
|
25 feet
| ||
|
Side yards for decks
|
3-foot minimum, 10-foot aggregate
| ||
|
Maximum building height
|
30 feet
| ||
|
Maximum number of stories
|
2
| ||
|
Maximum lot coverage (buildings and paving)
|
45% of overall tract
| ||
|
Maximum density on that portion of tract developed
with townhouses
|
4.375 per acre
| ||
[Amended 9-15-1997 by Ord. No. 97-16; 10-19-1998 by Ord. No.
98-17; 12-18-2002 by Ord. No. 2002:18; 5-28-2003 by Ord. No.
2003-10]
PR-2 is in the Pinelands.
A.
Purpose and Pinelands relationship.
[Amended 12-27-2012 by Ord. No. 2012-20]
(1)
The purpose of the R-2 District is to create a zoning district for
detached single-family residential uses, including age-restricted
residential uses; lower-income housing; child care; places of worship;
and recreational uses.
[Amended 12-14-2017 by Ord. No. 2017-15]
B.
Permitted principal uses (land and buildings). The
following shall be permitted principal uses:
(1)
Detached single-family dwellings.
[Amended 12-27-2012 by Ord. No. 2012-20]
(3)
Public parks and playgrounds owned and operated by
the Borough or by a homeowners' association for the benefit of the
residents of that development and other Borough facilities.
(4)
Places of worship.
[Amended 12-14-2017 by Ord. No. 2017-15]
(5)
Utility services, as defined herein.
C.
Permitted accessory uses on the same lot and customarily
incidental to the permitted principal use shall be as follows:
(1)
Private garages and parking areas, patios, decks,
balconies and porches, provided that such accessory uses are subordinate
to the principal use and serve only the principal use.
(2)
Swimming pools and hot tubs accessory to residences, including their related decking and coping, provided that all facilities conform to § 335-77S.
(4)
One or more rooms in senior citizen developments dedicated
to social, recreational, dining and/or visiting medical services as
well as on-site management office room(s).
(5)
For detached single-family dwellings:
(a)
Tool, storage or garden shed with detached single-family
dwellings.
(b)
Temporary equipment and temporary structures
associated with development activities shall be permitted during the
construction period beginning with the issuance of a construction
permit and concluding with the issuance of a certificate of occupancy
or two years, whichever is less, provided that said equipment and
structures are situated on the site where construction is taking place.
(c)
Amateur radio transmitting and receiving devices and television and satellite dish receiving antennas consistent with § 335-77B.
(e)
Family day-care homes are permitted as an accessory
use to a detached single-family dwelling, provided that they are licensed
by the New Jersey Department of Human Services and provided that they
adhere to the following conditions. Where the following conditions
may conflict with the requirements of the Department of Human Services,
the regulations of the Department of Human Services shall prevail:
[1]
A family day-care home operating in a detached
single-family dwelling is limited to no more than five children in
addition to the children of the residents of the home, provided that
the site meets the minimum area and dimensional requirements for the
lot in this zone and provides a minimum of four off-street parking
spaces and a paved driveway measuring at least 18 feet wide by 40
feet in length.
(f)
Home occupation.
[1]
Nine hundred square feet or the equivalent of
25% of the first floor of a residence, whichever is smaller, but a
maximum of one room in any event, may be used for work purposes for
the convenience of the resident of the dwelling who lives in the dwelling
unit, provided that the following conditions are met:
[a]
The activity may be conducted in
either the principal building or an accessory building, but not both.
[b]
The remainder of the dwelling unit
must meet all other health, safety and related requirements for a
dwelling unit.
[c]
No more than one employee may work
at the dwelling, other than the resident(s) of the dwelling, provided
that there is sufficient off-street parking for that employee.
[d]
No employee(s) may be dispatched
from the site.
[e]
No sign shall be visible from the
exterior of the dwelling.
[f]
No activity shall be visible from
a property line or street.
[g]
There shall be no change in the
exterior residential appearance of the dwelling.
[h]
There shall be no occupational
sound, light, or other nuisance created which would be audible or
visible outside the building.
[i]
There is no delivery of bulk raw
materials to or shipment of finished goods from the site, and the
use does not result in on-site sales or visitations by customers or
clients.
[2]
If these conditions are all met, the use is
considered a customary and incidental use of the home for the convenience
of the resident occupant, and no permit or approval shall be required.
If any of the conditions are not met, the function shall not be a
permitted use.
D.
Conditional uses.
(1)
A child-care center or a day-care center for six or more children shall be permitted as a principal use, provided that the applicable standards set forth in § 335-77D are met as conditions for this conditional use as if set forth in these zoning provisions.
(2)
The construction of age-restricted housing shall be
conditioned on the following:
(a)
Minimum age. Occupancy shall be limited to persons
having attained the following ages:
[1]
Age 62 and over. No more than two people may
reside in a unit. One resident shall be age 62 or over, and no more
than one other person, such as the spouse or one immediate relative,
live-in domestic, companion or nurse, may be less than age 62 but
shall be age 18 years or older. These age restrictions shall apply
except that the superintendent's unit and not more than 20% of the
units occupied by handicapped persons need not be age-restricted.
[2]
Age 55 and over. The number of people residing
in these units shall be dependent on the size of the unit. Each adult
occupying the unit shall be age 55 or over while any children living
in the unit shall be 18 years or older.
(d)
Lot area and locational requirements.
(e)
Deed restrictions. The age and income requirements
for age-restricted housing developments shall be required to be recorded
in the deed to the property and be applicable to each dwelling unit.
E.
Density, bulk and yard requirements applicable for
all permitted accessory uses and for permitted nonresidential uses.
(1)
The minimum requirements for nonresidential uses shall
be as follows:
[Amended 12-14-2017 by Ord. No. 2017-15]
|
Minimum Lot
|
Minimum Yard
| |||||||
|---|---|---|---|---|---|---|---|---|
|
Use
|
Area
|
Width
(feet)
|
Depth
(feet)
|
Front
(feet)
|
Each
Side
(feet)
|
Rear
(feet)
|
Maximum Building Height
(feet)
|
Maximum Percentage of Lot Coverage
|
|
Places of worship
|
3 acres
|
250
|
250
|
100
|
50
|
50
|
35
|
25%
|
|
Utility service
|
20,000 square feet
|
100
|
125
|
45
|
25
|
40
|
35
|
20%
|
|
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.
| ||||||||
(2)
Accessory uses for detached single-family dwellings
shall adhere to the following standards:
|
Minimum Distance to
| ||||
|---|---|---|---|---|
|
Use
|
Front Lot Line
(feet)
|
Side Lot Line
(feet)
|
Rear Lot Line
(feet)
|
Maximum Height
(feet)
|
|
Swimming pool and hot tub (measured to the water's
edge)
|
*
|
10
|
10
|
N/A
|
|
Detached garage
|
45
|
20
|
5
|
15
|
|
Cabanas
|
*
|
10
|
10
|
12
|
|
Residential antennas and satellite dishes
|
*
|
See § 335-77B
| ||
|
Tool, storage or garden sheds not to exceed
150 square feet
|
*
|
5
|
5
|
10
|
|
Fences, walls
|
10
|
Up to, but clear of, the lot line
| ||
|
Decks, patios and walkways
| ||||
|
Associated with pool
|
*
|
5
|
5
|
1 (above pool)
|
|
Not associated with pool
|
45
|
10
|
10
|
N/A
|
|
All other accessory uses or structures not specifically
mentioned above
|
45
|
5
|
5
|
15
|
|
NOTES:
* Not permitted in front yard (§ 335-77S).
| ||||
F.
Density, bulk and yard requirements for residential
uses.
[Amended 11-5-2012 by Ord. No. 2012-17]
(2)
Lower-income single-family semidetached dwellings shall meet the
following standards:
[Amended 12-27-2012 by Ord. No. 2012-20]
|
Standard
|
Requirement
| |
|---|---|---|
|
Minimum lot size
|
4,000 square feet
| |
|
Minimum street frontage
|
40 feet
| |
|
Minimum lot width
|
40 feet
| |
|
Minimum lot depth
|
100 feet
| |
|
Minimum front yard setback
|
30 feet; except when abutting a collector or higher-order street,
50 feet
| |
|
Minimum setback of garage door from street
|
5 feet greater than building face
| |
|
Minimum side yard setback, common wall
|
0 feet
| |
|
Minimum side yard setback, other
|
8 feet
| |
|
Minimum rear yard setback
|
25 feet
| |
|
Maximum permitted building coverage
|
35%
| |
|
Maximum permitted impervious coverage
|
50%
| |
|
Maximum permitted building height
|
30 feet
| |
|
Maximum number of stories
|
2
|
(3)
Lower-income townhouse dwellings shall meet the following standards:
[Added 12-27-2012 by Ord. No. 2012-20]
|
Standard
|
Requirement
| ||
|---|---|---|---|
|
Overall townhouse tract
| |||
|
Minimum tract area
|
3 acres
| ||
|
Minimum tract width
|
400 feet
| ||
|
Minimum lot size, fee-simple dwelling
|
2,000 square feet
| ||
|
Minimum lot frontage, fee-simple dwelling
|
20 feet
| ||
|
Minimum lot width per unit, and lot for fee-simple dwellings
|
20 feet
| ||
|
Minimum lot depth for fee-simple dwellings
|
100 feet
| ||
|
Minimum yards and setbacks for buildings
| |||
|
From perimeter of original tract
|
75 feet
| ||
|
From interior street
|
25 feet
| ||
|
From parking lot or the parking lot driveway/aisle
|
15 feet
| ||
|
Garage door from interior street or drive
|
25 feet
| ||
|
Front yard (can include parking and driveways)
|
30 feet
| ||
|
Side yard, common vertical wall
|
0 feet
| ||
|
Side yard, no common wall, without parking and driveways
|
15 feet
| ||
|
Rear yard with parking and driveways
|
40 feet
| ||
|
Rear yard without parking and driveways
|
25 feet
| ||
|
Side yards for decks
|
3-foot minimum, 10-foot aggregate
| ||
|
Maximum building height
|
35 feet
| ||
|
Maximum number of stories
|
2 1/2
| ||
|
Maximum lot coverage, fee-simple lots
|
75%
| ||
|
Maximum tract coverage (buildings and paving)
|
45% of overall tract
| ||
(4)
Maximum density for inclusionary development shall be six units per
acre.
[Added 12-27-2012 by Ord. No. 2012-20]
A.
Purpose. This district is created to identify and
provide for the existing apartment complexes in the Borough.
B.
Permitted principal uses (land and buildings). The
following shall be permitted principal uses:
(1)
Garden apartment buildings.
D.
Conditional uses shall be as follows: none.
E.
Density, bulk and yard requirements shall be as follows:
|
Type
|
Requirement
| |
|---|---|---|
|
Minimum lot size
|
2.0 acres
| |
|
Minimum lot width*
|
200 feet
| |
|
Minimum lot depth*
|
200 feet
| |
|
Minimum front yard*
|
75 feet
| |
|
Minimum side yard*
|
50 feet
| |
|
Minimum rear yard*
|
50 feet
| |
|
Minimum space between on-site buildings
|
50 feet
| |
|
Minimum setback from on-site parking spaces
and driveways
|
15 feet
| |
|
Maximum building height
|
30 feet and 2 stories
| |
|
Maximum lot coverage
|
60%
| |
|
Maximum density
|
12 units per acre
| |
|
Minimum common open space
|
20% in one contiguous area
| |
|
* NOTE: See § 335-77Q.
| ||
[Added 3-5-2012 by Ord. No. 2012-04]
A.
Purpose. This district is intended to provide for townhouse development
in a planned residential development with an inclusionary affordable
housing component. All development within the R-4 Townhouse District
shall be planned development.
C.
Permitted accessory uses and structures on the same lot and used
in conjunction with a permitted principal use as follows:
(1)
Off-street parking and private garages.
(2)
Community center and community rooms for the use of residents
and guests.
(3)
Community swimming pools and indoor recreation for the use of
residents and guests.
(4)
Outdoor recreational facilities, including tennis or other court
sports.
(5)
Manager and rental office.
(6)
Maintenance building.
(7)
Gatehouse on a private street only.
(8)
Bus shelter.
(12)
Utility services as defined in this chapter.
(13)
Accessory uses customarily incidental to and occupying the same
lot as a principal use.
D.
Affordable housing. Any development within the R-4 District shall restrict a minimum of 25% of the total dwellings for affordable housing. The construction and occupancy of the affordable housing shall comply with Chapter 193 of the Code of the Borough of Berlin, promulgated rules of the New Jersey Council on Affordable Housing, or successor agency, and the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.) or successor document. To the greatest extent feasible, the affordable housing shall be evenly distributed throughout the development. The exterior facades of affordable housing dwellings shall be indistinguishable from the other dwellings with the development.
E.
Area, yard, density, and coverage requirements or limitations.
(1)
The minimum tract area shall be five acres of contiguous land.
(2)
The minimum tract perimeter setback for a building shall be
50 feet, excepting gatehouses and bus shelters. Gatehouses shall be
set back from the tract perimeter a minimum of 25 feet and bus shelters
may be placed on the front property line.
(3)
The maximum density shall not exceed 8.85 dwellings per acre,
or a total of 80 dwellings, whichever is less.
(4)
Maximum lot coverage: 60% of the gross land area.
(5)
Building limitations and separation requirements.
(a)
Maximum dwellings per townhouse dwelling: eight dwellings.
(b)
Minimum distance from building front to building front: 75 feet.
(c)
Minimum distance from building front to building side: 65 feet.
(d)
Minimum distance from building front to building rear: 65 feet.
(e)
Minimum distance from building side to building rear: 55 feet.
(f)
Minimum distance from building rear to building rear: 40 feet.
(g)
Minimum distance from building side to building side: 20 feet.
(6)
Building dimension limitations. Minimum and maximum building
dimensions shall be as follows:
(8)
Setbacks, parking lots: Where parking lots are proposed, no
parking space shall be closer than 10 feet to a building and within
25 feet of a tract perimeter. This subsection shall not be construed
to apply to driveways associated with individual dwellings.
(9)
Accessory buildings shall conform to the requirements for principal
buildings, except as indicated hereinabove for gatehouses and bus
shelters.
F.
Additional requirements. The following additional requirements shall
pertain to development in the R-4 District:
(1)
An outdoor sitting area, dog walk, or similar gathering place
shall be provided with a minimum area equal to 20 square feet per
dwelling.
(2)
Buffers. The buffer areas shall adhere to the design requirements of § 335-77C but shall be installed within all of the perimeter tract setback yards of the development. The width of planted area excluding ground cover shall be a minimum of 25 feet. No stormwater management basin shall be permitted within a required planted buffer area.
(3)
Storage minimum. No townhouse dwelling shall have less than
250 square feet of storage space, excluding any kitchen storage.
[Added 12-27-2012 by Ord. No. 2012-19[1]]
A.
Purpose. This district is intended to provide for apartment, townhouse
and/or single-family detached dwellings with an affordable housing
setaside in a location proximate to other higher-intensity uses. The
affordable housing component of the development will address a significant
portion of the Borough's affordable housing obligation and settle
litigation in the matter of Nexus Properties, Inc. v. Bor. of Berlin,
Docket No. L-2285-06.
B.
Permitted principal uses. The following shall be permitted principal
uses in the R-5 District:
C.
Permitted accessory uses and structures.
(1)
For Subsection B(1), (2), (4) and (5) uses on the same lot and used in conjunction with a permitted principal use:
(a)
Off-street parking, private garages and car sheds.
(b)
Community center and community rooms for the use of residents
and guests.
(c)
Community swimming pools and indoor recreation for the use of
residents and guests.
(d)
Outdoor recreational facilities, including tennis or other court
sports.
(e)
One management and/or rental office.
(f)
Superintendent and maintenance dwellings whose primary occupants
shall be employed on site by the operating entity.
(g)
Maintenance building.
(h)
Gatehouse on a private street only.
(i)
Tool, storage or garden shed for fee simple townhouse dwellings
only.
D.
General development requirements.
(1)
Affordable housing requirements. The minimum percentage of dwelling units affordable to households with low and moderate incomes as defined by the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) shall be 15% of the total number of units (excluding the superintendent/maintenance dwellings) developed if the affordable units are for rent and 20% if the affordable units are for sale. Of the total number of affordable housing units, no fewer than 10%, rounded, shall be affordable to very low-income households, and no more than 50% shall be affordable to moderate-income households. Any development within the R-5 District shall comport with Chapter 193, Affordable Housing, of the Code of the Borough of Berlin and any other applicable affordable housing law and regulation.
(2)
The minimum tract area shall be 30 acres of contiguous land.
(3)
Maximum total tract coverage: 75% of the gross land area.
(4)
The amount of land to be reserved for active recreation facilities shall be equal to or greater than 150 square feet per dwelling. Adequate recreation areas shall be set aside in suitable locations to provide for the recreation needs of residents based on accepted methods of determining the population by age cohorts in the development. Active recreation shall count towards any open space requirement. Active recreation shall include, but not be limited to, any clubhouse area (including any clubhouse parking area), walking and/or fitness trails (including any fitness station area(s) on or along such trails), tot lot areas and/or sitting areas as provided at Subsection D(5) below. Walking and/or fitness trails shall not be required to be paved, but shall be delineated grass areas.
(5)
Pedestrian circulation. There shall be a comprehensive system
of pedestrian walks serving all facilities within the development,
providing access to dwellings, parking areas, open spaces, recreational
and other communal facilities. Pedestrian walkways shall have adequate
lighting and shall include landscaping along them as approved by the
board with jurisdiction during site plan review. In general, such
landscaping shall consist of landscaping beds at major intersections,
occasional trees and sitting areas with clusters of shrubs and ornamental
trees. Such sitting areas shall count towards the recreational land
area component of the development.
(6)
The standards of § 335-35 shall not apply to the R-5 Apartment and Townhouse District, except that all development shall be served by public water and public sanitary sewer.
(7)
Phasing. Development within the zoning district shall be permitted
in phases, or distinct geographic stages of development, as approved
by the board with jurisdiction taking into account the adequacy of
plans for utilities, circulation and open space, including recreation,
necessary to serve that phase independently.
E.
Area, yard, density, height and coverage requirements or limitations.
(1)
The minimum tract perimeter setback for a principal building
shall be 50 feet, with the following exceptions:
(2)
The maximum density shall not exceed 16 dwellings per acre or
a maximum of 470 dwellings, whichever is less, except that up to an
additional two superintendent/maintenance dwellings may be built and
occupied without counting towards the total number of dwellings allowed.
(4)
Building separation requirements for non-fee simple development, except as modified by Subsection F(3) below:
(a)
Minimum distance from building front to building front: 50 feet.
(b)
Minimum distance from building front to building side: 50 feet.
(c)
Minimum distance from building front to building rear: 50 feet.
(d)
Minimum distance from building side to building rear: 50 feet.
(e)
Minimum distance from building rear to building rear: 50 feet.
(f)
Minimum distance from building side to building side: 20 feet.
(5)
Lot requirements for fee simple townhouses.
(a)
Minimum lot size: 1,600 square feet.
(b)
Minimum lot width: 16 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Maximum lot coverage: 80%.
(e)
Minimum front yard, short axis frontage of lot: 22 feet.
(f)
Minimum front yard, long axis frontage of lot: 12 feet.
(h)
Minimum side yard: 10 feet; zero feet with a common partition
wall.
(i)
Accessory uses. No accessory structure shall be permitted in
a front yard or tract perimeter buffer, excepting fences and signs
as otherwise allowed herein. Other accessory structures, excluding
fencing, shall be set back five feet from a side property line and
10 feet from a rear property line, except that tool, storage or garden
sheds may be set back five feet from a rear property line.
(6)
Lot requirements for single-family detached dwellings.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard: 25 feet.
(e)
Minimum side yard: five feet for one side yard and 15 feet aggregate
for both side yards.
(f)
Minimum rear yard: 25 feet.
(g)
Maximum lot coverage: 60% of total lot area.
(i)
Accessory buildings and structures. No accessory structure or
building shall be permitted in a front yard or tract perimeter buffer,
excepting fences and signs as otherwise allowed herein. Tool, storage
and garden sheds shall be permitted within five feet of a side or
rear property line. All other permitted accessory buildings and structures,
excluding fencing, shall be set back five feet from a side property
line and 10 feet from a rear property. No detached garage shall be
permitted within 15 feet of the principal building. All swimming pools
shall be set back a minimum of 10 feet from any property line and
15 feet from a house foundation, measured from the closest edge of
water.
(8)
Building dimension limitations. Minimum and maximum building dimensions for Subsection B(1) and (2) uses shall be as follows:
(9)
Building setbacks, streets. The minimum building setbacks from
a public or private street applying to sites that are not subdivided
into individual lots, excepting gatehouses and bus shelters, shall
be as follows:
(10)
Setbacks, parking lots. Where parking lots are proposed, no
parking space shall be closer than 10 feet to a building and within
25 feet of a tract perimeter. This subsection shall not be construed
to apply to driveways associated with individual dwellings.
F.
Additional requirements. The following additional requirements shall
pertain to development in the R-5 District:
(1)
No shed shall exceed 10 feet in height and 100 square feet in
floor area. Only one shed per lot shall be permitted. Detached private
garages and car sheds shall be located behind the rear building line.
Notwithstanding any other provision to the contrary, two garages on
separate individual lots may be attached along one common party wall
at the side property line. On other types of lots, garages and car
sheds may be attached together, provided that the length through the
long axis does not exceed 100 feet and is a minimum of 12 feet from
the rear building line.
(2)
Buffers. The buffer areas shall adhere to the design requirements of § 335-77C but shall be installed within all of the perimeter tract setback yards of the development. The width of planted area excluding ground cover shall be a minimum of 15 feet. No stormwater management basin, parking lot and private tool shed shall be permitted within a required planted buffer area. No fencing shall be permitted within a required planted buffer area for any lot fronting on a collector or higher-order street, except that decorative fencing more than seventy-five-percent open, incorporated as part of the overall landscape design for the property, may be permitted when approved by the board of jurisdiction.
(3)
Storage minimum. All dwellings shall have adequate storage interior
to the unit for clothing, outdoor equipment and other personal belongings.
In the affordable units, such storage areas shall be at least as large
as the storage areas in the market units having the same number of
bedrooms and shall be readily accessible to the ground floor level
of the building.
(4)
Dwelling variation. Architectural elements such as bay windows,
balconies, building offsets, variation of building materials, textures
and/or colors and/or other architectural elements that achieve visual
interest shall be provided.
[1]
This ordinance provided in Section 7 that it would take effect
"upon filing thereof with the Camden County Planning Board after final
passage, adoption, and publication by the Borough Clerk of the Borough
of Berlin in the manner prescribed by law; and approval of the Fairness
and Compliance Plan Hearing in the matter Nexus Properties, Inc. v.
The Borough of Berlin and the Planning Board of the Borough of Berlin
(CAM-L-2285-06)," which approval was received.
[Amended 4-25-2001 by Ord. No. 2001:5; 12-18-2002 by Ord. No.
2002:18; 4-23-2003 by Ord. No. 2003-5]
A.
Purpose. The purpose of the C-1 District shall be
to provide for a pedestrian-oriented business district that will serve
as a town center for the balance of the Borough. Retail, office and
service uses shall be encouraged that will compliment adjoining residential,
governmental and institutional uses. To preserve and enhance the pedestrian
environment along the streets within the district, parking and loading
activities will be directed to rear yard areas. Parking will also
be provided by community lots and on-street, curb-side parking.
B.
Permitted principal uses. The following shall be permitted
principal uses in the C-1 District:
(1)
Retail stores and shops.
(2)
Service uses including, but not limited to, the repair
and servicing of appliances, shoe repair, cleaners, laundries, tailors,
barbershops and beauty salons.
(3)
Offices and banks.
(4)
Funeral homes.
(5)
Medical service uses including, but not limited to,
doctors, chiropractors, dentists, and medical clinics.
(6)
Restaurants, coffee shops, sidewalk cafes, and similar
uses, provided that no restaurant shall be permitted to have a drive-in
or drive-through window or service.
[Amended 12-14-2017 by Ord. No. 2017-15]
(7)
Health clubs and exercise centers including dance
studios and related uses.
(8)
Residential apartments on the second and third floors
of buildings with ground floor business uses.
(9)
Borough uses.
(10)
Utility services as defined herein.
(12)
Microbreweries and nanobreweries.
[Added 12-14-2017 by Ord.
No. 2017-15]
(13)
Distilleries.
[Added 12-14-2017 by Ord.
No. 2017-15]
(14)
Performing arts center.
[Added 12-14-2017 by Ord.
No. 2017-15]
C.
Permitted accessory uses. The following shall be permitted
accessory uses in the C-1 District:
(1)
Off-street parking and loading areas shall be located
in rear yard areas.
(a)
All parking and loading areas shall be located
in rear yard areas.
(b)
In order to prevent conflicts between pedestrian
and vehicular traffic, driveway access to the White Horse Pike shall
be discouraged.
(c)
Off-street parking and loading areas shall be
permitted, but not required, as an accessory use to a primary use
otherwise permitted by the C-1 District, except that the Planning
Board may impose reasonable requirements for off-street parking and
loading areas upon finding that existing or proposed community on-site
or on-street facilities will not be sufficient to service a building
or use.
(3)
All uses which are normal, incidental, accessory and
consistent with the principal use. In the case of offices, such accessory
uses include examination rooms and laboratories in medical offices;
drafting and typing and computer rooms; rooms for copying machines,
printers and the storage of supplies; and areas for receptionist,
bookkeeping, conferences and related activities.
(5)
Outdoor seating for food service and restaurant uses.
(a)
Sidewalk cafes or restaurants with outdoor seating shall be
permitted along sidewalks with a minimum of 10 feet measured between
the property line and the curb with on-street parking. Sidewalk cafes
that are located with adjacent traffic lanes must have a minimum of
15 feet measured between the property line and the curb. The outdoor
seating area shall not extend past five feet into the sidewalk and
shall leave a minimum of three feet of sidewalk between the outdoor
seating space and the curbline to prevent inadequate pedestrian space.
In addition, the outdoor seating must be ADA compliant. Sidewalk cafes
also may be permitted on corner lots; however, the seating area shall
not interfere with motorists' sight triangle or pedestrian crosswalk
access. Outdoor seating areas shall only be permitted between the
hours of 7:00 a.m. and 10:00 p.m. Sidewalk cafes may include additional
fixtures other than tables and chairs, such as umbrellas.
[Added 12-14-2017 by Ord.
No. 2017-15]
D.
Conditional uses.
[Amended 12-14-2017 by Ord. No. 2017-15]
(1)
Public
art in public or private spaces is permitted on the condition it is
reviewed by the Planning Board for approval.
E.
Prohibited uses. The following shall be expressly
prohibited in the C-1 District:
(1)
Motor vehicle sales and services, including service
stations.
(2)
Residential uses, except those permitted by § 335-82B(8).
(3)
Restaurants with drive-up windows or drive-through
services.
(4)
Shopping centers and freestanding retail uses having
a floor area in excess of 25,000 square feet.
F.
Design standards. Buildings and sites in the C-1 District shall comply with the design standards of § 335-35.1.
[Amended 10-4-2010 by Ord. No. 2010-12]
G.
Density, bulk and yard requirements.
[Amended 10-4-2010 by Ord. No. 2010-12]
|
Type
|
Requirement
| |
|---|---|---|
|
Minimum lot size
|
4,000 square feet
| |
|
Minimum lot width and frontage
|
40 feet
| |
|
Minimum lot depth
|
100 feet
| |
|
Minimum front yard
|
0 feet
| |
|
Maximum front yard
|
10 feet
| |
|
Minimum side yard
|
0 feet
| |
|
Minimum rear yard
|
10 feet
| |
|
Maximum building height
|
35 feet
| |
|
Maximum stories
|
3
|
[Amended 12-18-2002 by Ord. No. 2002:18]
A.
Purpose. The purpose of the C-2 District is to provide for neighborhood scale office, professional, service and commercial uses in areas abutting major roads including portions of the Borough formerly devoted to residential uses that have become impacted by congestion associated with increasing traffic and attendant highway improvements. In the Pinelands area, development shall comply with the C-2 District regulations, except that, to the extent there may be an inconsistency with the C-2 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail.
B.
Permitted principal uses. The following shall be permitted
principal uses in the C-2 District:
(1)
The retail sale of general merchandise in structures
containing a floor area of less than 25,000 square feet, such as but
not limited to consumable products, pharmaceuticals, reading materials,
music, gifts, flowers, stationery and related paper products, office
supplies, wearing apparel and shoes, hardware, paint, wallpaper, carpets
and other floor coverings, furniture and other household goods, lawn
and patio equipment and related supplies, appliances, confections,
and auto accessories.
(2)
Service uses including, but not limited to the repair
and servicing of appliances, shoe repair, cleaners, laundries, tailors,
barbershops and beauty salons.
(3)
Offices and banks.
(4)
Funeral homes.
(5)
Medical service uses including but not limited to
doctors, chiropractors, dentists, and medical clinics.
(6)
Veterinarians and animal hospitals without outside
kennels.
(7)
Restaurants and sidewalk cafes. Restaurants with drive-up
window service and sidewalk cafes shall be subject to the conditional
use standards for these uses as specified below.
[Amended 12-14-2017 by Ord. No. 2017-15]
(8)
Health clubs and exercise centers including dance
studios and related uses.
(9)
Preexisting residential uses subject to the standards
and controls established for the R-1 District. The establishment of
new residential uses in the C-2 District shall be prohibited unless
authorized by the Borough Planning Board serving in its capacity as
a Zoning Board of Adjustment.
(10)
Borough uses.
(11)
Utility services as defined herein.
(12)
Child-care centers, or day-care centers, provided that they meet the requirements of § 335-77D.
(13)
Microbreweries and nanobreweries.
[Added 12-14-2017 by Ord.
No. 2017-15]
(14)
Distilleries.
[Added 12-14-2017 by Ord.
No. 2017-15]
(15)
Performing arts center.
[Added 12-14-2017 by Ord.
No. 2017-15]
C.
Permitted accessory uses. The following shall be permitted
accessory uses in the C-2 District:
(1)
Off-street parking lots and off-street loading areas
subject to the standards of the Schedule of Minimum Off-street Parking
and Loading Spaces[1] established by this ordinance.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
All uses which are normal, incidental, accessory and
consistent with the principal use. In the case of offices, such accessory
uses include examination rooms and laboratories in medical offices,
drafting and typing and computer rooms; rooms for copying machines,
printers and the storage of supplies; and areas for receptionist,
bookkeeping, conferences and related activities.
D.
Conditional uses. The following shall be permitted
as conditional uses:
(1)
Restaurants with drive-up windows subject to the following
conditions:
(2)
Sidewalk cafes shall be permitted within shopping centers and along
sidewalks along the pedestrian walkway with a minimum of 15 feet measured
between the built-to-line and the parking lot and/or curbline. The
outdoor seating must be ADA compliant. The outdoor seating area shall
not extend past eight feet into the sidewalk and shall leave a minimum
of three feet of sidewalk between the outdoor seating space and the
curbline to prevent inadequate pedestrian space. Sidewalk cafes also
may be permitted on corner lots; however, the seating area shall not
interfere with motorists' sight triangle or pedestrian crosswalk access.
Outdoor seating areas shall only be permitted between the hours of
7:00 a.m. and 10:00 p.m. Sidewalk cafes may include additional fixtures
other than tables and chairs, such as umbrellas.
[Added 12-14-2017 by Ord.
No. 2017-15[2]]
(3)
Shopping centers and neighborhood-oriented retail
uses containing 25,000 or more square feet subject to the following
conditions:
[Amended 9-18-2006 by Ord. No. 2006-15]
(a)
A shopping center shall have a minimum tract
area of 130,000 square feet.
(b)
Outdoor display or sales area shall be located
behind the front building line, and screening in the form of walls,
fences and landscaping shall be erected to shield the outdoor display
or sales area from view of residential uses or public streets.
(c)
A shopping center tract shall have a minimum
depth of 300 feet and a minimum of 300 feet of frontage on a public
street.
(d)
Compliance with the signage standards for shopping
centers.
(e)
No retail use or establishment may contain a
floor area greater than 65,000 square feet.
(f)
No shopping center in the C-2 District shall
contain a regionally oriented retail use such as a department store,
home improvement center or related use with a floor area in excess
of 65,000 square feet.
E.
Density, bulk and yard requirements.
[Amended 10-13-2022 by Ord. No. 2022-10]
|
Minimum lot size
|
40,000 square feet
|
|
Minimum lot width and frontage
|
175 feet
|
|
Minimum lot depth
|
175 feet
|
|
Minimum front yard
|
50 feet
|
|
Minimum side yard
|
40 feet
|
|
Minimum rear yard
|
50 feet
|
|
Maximum building height
|
35 feet
|
|
Maximum floor area ratio
|
0.25
|
|
Maximum stories
|
2
|
|
Maximum lot coverage
|
70%
|
|
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.
|
[Added 12-18-2002 by Ord. No. 2002:18]
A.
Purpose. The purpose of the C-3 District is to provide for commercial, office and service uses in appropriate locations along the Borough's major roadways. The C-3 District is intended to provide locations for the more intensive commercial uses permitted within the Borough including motor vehicle service and sales, shopping centers, commercial recreation, and highway-oriented restaurants as well as the less intensive business uses permitted within the C-2 District. In the Pinelands Area, development shall comply with the C-3 District regulations, except that, to the extent there may be an inconsistency with the C-3 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail.
B.
Permitted principal uses. The following shall be permitted
principal uses in the C-3 District:
(1)
The retail sale of general merchandise in structures
containing a floor area of less than 25,000 square feet, such as but
not limited to consumable products, pharmaceuticals, reading materials,
video stores (maximum 10% of video display areas may be sexually explicit
adult material), music, gifts, flowers, stationery and related paper
products, office supplies, wearing apparel and shoes, hardware, paint,
wallpaper, carpets and other floor coverings, furniture and other
household goods, lawn and patio equipment and related supplies, appliances,
confections, and auto accessories.
(2)
Service uses including, but not limited to the repair
and servicing of appliances, shoe repair, cleaners, laundries, tailors,
barbershops and beauty salons.
(3)
Hotels and motels.
(4)
Automobile and truck dealerships subject to the following
standards:
(a)
Only new vehicles shall be displayed in the
front yard area.
(b)
Outside storage for new vehicles shall be located
in rear and side yard areas.
(c)
All customer parking, display areas, and storage
areas shall be located at least 15 feet from any street right-of-way
and any nonresidential lot line and a minimum of 100 feet from any
residential district.
(d)
Vehicle storage areas shall be screened from public streets and residential uses by trees and evergreens planted in accordance with the standards of § 335-77C.
(e)
Used vehicles may be displayed in side or rear
yard areas. Areas devoted to used vehicle display shall not exceed
10% of the total tract area.
(f)
All areas used for customer parking or vehicle
display or storage shall be paved. Car and truck sales and service
uses may have inside service areas for the purpose of preparing vehicles
for delivery and providing such other services as oil changes, lubrication,
engine tune-ups, wheel alignments and similar routine maintenance,
but excluding body shops and painting.
(6)
Offices and banks.
(7)
Funeral homes.
(8)
Medical service uses including but not limited to
doctors, chiropractors, dentists, and medical clinics.
(9)
Veterinarians and animal hospitals without outside
kennels.
(10)
Restaurants, sidewalk cafes, bars, and nightclubs. Restaurants
with drive-up window service and sidewalk cafes shall be subject to
the conditional use standards for these uses as specified below.
[Amended 12-14-2017 by Ord. No. 2017-15]
(11)
Theaters, bowling alleys, gymnasiums, health
clubs and exercise centers including dance studios and related uses.
(12)
Borough uses.
(13)
Utility services as defined herein.
(15)
Microbreweries and nanobreweries.
[Added 12-14-2017 by Ord.
No. 2017-15]
(16)
Distilleries.
[Added 12-14-2017 by Ord.
No. 2017-15]
(17)
Performing arts center.
[Added 12-14-2017 by Ord.
No. 2017-15]
C.
Permitted accessory uses. The following shall be permitted
accessory uses in the C-3 District:
(1)
Off-street parking lots and off-street loading areas
subject to the standards of the Schedule of Minimum Off-street Parking
and Loading Spaces[2] established by this ordinance.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
All uses which are normal, incidental, accessory and
consistent with the principal use. In the case of offices, such accessory
uses include examination rooms and laboratories in medical offices;
drafting and typing and computer rooms; rooms for copying machines,
printers and the storage of supplies; and areas for receptionist,
bookkeeping, conferences and related activities.
(4)
Hotels or motels may have snack bars, restaurants,
gift shops, newsstands, travel agents, banking services, clothing
stores, meeting rooms, and pools and exercise facilities as permitted
accessory uses within the motel or hotel building. Accessory swimming
pools may also be located outside of the motel or hotel building.
All of the accessory uses except swimming pools shall be designed
as an integral part of the interior of the hotel or motel with no
separate, exterior access and no drive-up window services.
D.
Conditional uses. The following shall be permitted
as conditional uses:
(1)
Restaurants with drive-up windows subject to the following
conditions:
(2)
Sidewalk cafes shall be permitted within shopping centers and along
sidewalks along the pedestrian walkway with a minimum of 15 feet measured
between the built-to-line and the parking lot and/or curbline. The
outdoor seating must be ADA compliant. The outdoor seating area shall
not extend past eight feet into the sidewalk and shall leave a minimum
of three feet of sidewalk between the outdoor seating space and the
curbline to prevent inadequate pedestrian space. Sidewalk cafes also
may be permitted on corner lots; however, the seating area shall not
interfere with motorists' sight triangle or pedestrian crosswalk access.
Outdoor seating areas shall only be permitted between the hours of
7:00 a.m. and 10:00 p.m. Sidewalk cafes may include additional fixtures
other than tables and chairs, such as umbrellas.
[Added 12-14-2017 by Ord.
No. 2017-15[3]]
(3)
Shopping centers and retail uses containing 25,000
or more square feet subject to the following conditions:
(a)
A shopping center shall have a minimum tract
area of 130,000 square feet.
(b)
Outdoor display or sales areas shall be located
behind the front building line and screening in the form of walls,
fences and landscaping shall be erected to shield the outdoor display
or sales area from the view of residential uses or public streets.
(c)
A shopping center tract shall have a minimum
depth of 300 feet and a minimum of 300 feet of frontage on a public
street.
(d)
Compliance with the signage standards for shopping
centers.
(4)
Off-premises advertising signs subject to the following
conditions:
(a)
The off-premise sign shall be the primary principal
use on the lot on which it is located.
(b)
The off-premise sign shall be a minimum of 100
feet from any residential zoning district boundary.
(c)
The lot on which the off-premise sign is erected
shall front on New Jersey Route 73.
(d)
No sign erected under the terms of this section
shall exceed 45 feet in height or have a sign area in excess of 600
square feet on any one side.
(5)
Automobile service stations including service stations
combined with convenience stores or car washes subject to the following
conditions:
(a)
Building coverage shall not exceed 10% of the
total lot area.
(b)
There shall be no rentals of equipment or vehicles
permitted in conjunction with the service station use.
(c)
Service stations with car washes shall provide
at least two access lanes of sufficient length to assure stacking
for a minimum of eight vehicles per lane. Facilities for self-service
vacuuming and related activities shall be separated from internal
driveways and the stacking lanes for the car wash facility.
Note: Service stations shall also meet the conditions of § 335-77P.
(6)
Self-storage facilities subject to the following conditions:
(a)
No self-storage space shall be used for the
storage of hazardous materials.
(b)
All self-storage facilities shall be contained
within a compound enclosed on all sides by a wall or fence that screens
the interior of the compound from adjoining streets and uses. No overhead
doors or storage materials shall be visible from outside the compound.
Architectural and landscaping elements, including but not limited
to offsets in the building line, exterior surface textures and foundation
plantings shall be used to mitigate the visual appearance of the compound
facade.
(c)
All driveways shall be a minimum of 25 feet
wide and an adequate internal circulation system shall be provided.
[Amended 5-28-2003 by Ord. No. 2003:10]
(d)
The compound containing the self-storage facility
shall be subject to the building setback standards for the zone in
which it is located except that no self-storage building shall exceed
one story in height.
(e)
The use of self-storage facilities shall be
limited to the storage of goods and security, administrative and maintenance
functions incidental to the operation of the self-storage facility.
Nonincidental activities such as vehicle or equipment repairs, painting,
meetings or rehearsals, retail sales, and related activities shall
not be permitted in conjunction with a self-storage use.
(f)
There shall be a minimum distance between each
self-storage building of 25 feet.
[Amended 5-28-2003 by Ord. No. 2003:10]
E.
Density, bulk and yard requirements. Bulk and yard requirements shall not apply to conditional uses set forth in § 335-84D(3).
[Amended 10-13-2022 by Ord. No. 2022-10]
|
Minimum lot size
|
40,000 square feet
|
|
Minimum lot width and frontage
|
175 feet
|
|
Minimum lot depth
|
175 feet
|
|
Minimum front yard
|
50 feet
|
|
Minimum side yard
|
40 feet
|
|
Minimum rear yard
|
50 feet
|
|
Maximum building height
|
35 feet
|
|
Maximum floor area ratio
|
0.25
|
|
Maximum stories
|
2
|
|
Maximum lot coverage
|
70%
|
|
NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.
|
[Added 12-18-2002 by Ord. No. 2002:18]
A.
Purpose. It is the purpose of the PARC District to
create a zoning district permitting a comprehensive and integrated
mixture of age-restricted residential housing, licensed health care
facilities as well as necessary retail, office, medical, social, cultural
and recreational uses and facilities addressing the complex needs
of citizens aged 55 and older.
B.
Permitted principal uses. The following shall be permitted
principal uses in the PARC District:
(1)
Residential uses. A PARC may contain age-restricted
housing of varying types, including, but not limited to detached dwellings,
semidetached dwellings, townhouses, apartment-type multifamily and
midrise multifamily units.
(2)
Nonresidential uses.
(a)
In addition to residential uses, a PARC may
contain a combination of retail, commercial, and professional office
and medical facilities and uses as shall be required or desired to
service the needs of the residents of the PARC as well as the general
community. Although not mandated in every PARC, medical facilities
within a PARC may include a full-service hospital or other licensed
health care facilities as a permitted use. Permitted retail, commercial
and professional facilities shall be limited to a bank, guest house,
places of worship, hobby and craft store, food store, pharmacy, adult
day-care center, bowling alley, barber shop, beauty salon, laundry
and cleaning services, professional offices for medical practitioners,
nursing home, infirmaries and medical and first aid facilities and
such similar activities and uses as permitted by the Planning Board.
(b)
Food store, pharmacy, and other retail uses
shall be limited to a size and scale deemed appropriate by the Planning
Board and shall be consistent with the purposes of the PARC District.
(3)
The residential component of the PARC shall include
provisions to satisfy the age-restricted component of the Borough's
COAH certified housing plan.
C.
Permitted accessory uses on the same lot and customarily
incidental to the permitted principal use shall be as follows:
D.
Density, bulk and yard requirements.
(1)
Minimum area. The minimum area of any PARC shall not
be less than 35 acres of contiguous land, provided, however, that
nothing shall be deemed to prohibit a subdivision or resubdivision
of the property for financing or tax planning purposes.
(2)
Dwelling unit density. There shall not be more than
10 dwelling units for each gross acre in the PARC. For the purposes
of this section, one bed in a health care facility shall be equal
to 1/2 unit.
[Amended 5-6-2004 by Ord. No. 2004-08]
(3)
Maximum lot coverage. Not more than 65% of the gross
land area shall be the units and all paving areas. No less than 35%
of the site shall be maintained as green space. Green space shall
include but not be limited to all maintained grass areas, recreation
spaces, walking trails, water features, entry features, and required
setback areas.
(4)
Perimeter boundary lines. No structure shall be closer
than 50 feet to any perimeter property line of the PARC. No paved
or improved area shall be closer than 25 feet to any perimeter property
line.
(5)
Setbacks from collector and arterial roads. Where
the perimeter property line of the PARC abuts a collector or arterial
road, no structure shall be located closer to such road than 75 feet
and no paved or improved area shall be closer than 50 feet.
[Amended 5-5-2005 by Ord. No. 2005-10]
(6)
Physical characteristics of multifamily buildings.
A maximum length of 250 feet per freestanding multifamily building
shall be permitted. The ground floor level of any multifamily building
may be occupied by commercial and retail users, whose services shall
primarily serve the needs of the residents of the PARC.
(7)
Space between buildings. No multifamily building shall be closer than 25 feet to any other building. The distance between single-family attached, semidetached and townhouse dwellings shall be governed by the standards of Subsection D(10) of this section except that no single-family dwelling unit shall be closer than 25 feet to any multifamily structure.
[Amended 5-5-2005 by Ord. No. 2005-10]
(8)
Floor area of residential dwelling units. No residential
dwelling unit or a single floor shall contain less than 650 square
feet, exclusive of garages or carports.
(9)
Building height.
(a)
No single-family detached, semidetached or townhouse
dwelling unit shall exceed 2 1/2 stories, or 35 feet, in height. No
nonresidential building or structure shall exceed a height of 35 feet.
The above height limitations shall not apply with respect to steeples,
towers, or similar architectural features of building design and elevator
equipment penthouses as may be approved by the Planning Board.
[Amended 5-5-2005 by Ord. No. 2005-10]
(b)
Multifamily unit buildings shall have a maximum
height of 2 1/2 stories or 35 feet within 75 feet of the perimeter
boundary of a development within the PARC district. The maximum height
may be increased at a rate of one-foot in height for each additional
10 feet in the distance between the multifamily structure and the
perimeter boundary of the development, provided that no building or
structure shall exceed a maximum height of 50 feet or a total of four
stories.
[Amended 5-6-2004 by Ord. No. 2004-08]
(10)
Minimum lot and yard requirements for single-family
detached, semidetached and townhouse units.
[Amended 5-5-2005 by Ord. No. 2005-10]
(a)
For single-family detached units the following
standards shall apply.
[1]
A minimum lot size of 5,000 square feet.
[2]
A minimum lot width of 50 feet.
[3]
A minimum lot depth of 100 feet.
[4]
A minimum front setback of 25 feet.
[5]
A minimum side yard setback of five feet on
one side with an aggregate minimum side yard dimension of 15 feet.
[6]
A minimum rear yard setback of 25 feet.
(b)
For single-family semidetached units the following
standards shall apply.
(c)
For townhouse units the following standards
shall apply.
E.
Phasing. A project under this section may be approved
in phases. No more than 50% of the certificates of occupancy for residential
units may be issued before building permits for at least 25% of the
nonresidential space has been issued. No more than 75% of the certificates
of occupancy for residential units may be issued before building permits
for at least 50% of the nonresidential space has been issued.
[Added 12-18-2002 by Ord. No. 2002:18]
A.
Purpose. The purpose of the R-AR District is to provide
for existing developments of age-restricted single-family detached
dwellings for residents 55 years of age or older.
B.
Permitted principal uses. The following shall be permitted
principal uses in the R-AR District:
C.
Permitted accessory uses on the same lot and customarily
incidental to the permitted principal use shall be as follows:
(1)
Private garages and parking areas, patios, decks,
balconies and porches, provided that such accessory uses are subordinate
to the principal use and serve only the principal use. Detached garages
shall have a minimum front yard setback of 45 feet.
(2)
Swimming pools and hot tubs accessory to residences, including their related decking and coping, provided that all facilities shall conform to § 335-77S. All pools, hot tubs and decking, coping, and appurtenant structures associated with a pool or hot tub shall be located in the rear yard and not closer than 10 feet from any lot line. Pool cabanas shall not exceed 12 feet in height.
(3)
Fences and walls subject to the provisions of § 335-77F. Fences and walls shall be erected inside the property boundary line and not closer than 10 feet from the front lot line.
(4)
Tool, storage or garden shed with a maximum floor
area of 150 square feet and a maximum height of 10 feet. Tool, storage
or garden sheds shall be located in the rear yard area and no closer
than five feet to any lot line.
(6)
Home occupations subject to the following standards:
(a)
Not more than 25% of the dwelling shall be devoted
to the operation of the home occupation.
(b)
The home occupation activity shall be limited
to the principal residential structure on the lot.
(c)
No more than one employee not residing in the
dwelling shall be permitted to work on premise and adequate off-street
parking shall be provided for the nonresident employee.
(d)
No exterior signage related to the home occupation
shall be permitted.
(e)
No activity related to the home occupation shall
be visible from a property line or public street.
(f)
The residential appearance of the building shall
be maintained.
(g)
There shall be no noise, light, glare, vibration
or related impact or nuisance created in conjunction with the activities
of the home occupation.
(h)
There shall be no delivery of raw materials
to or shipment of finished goods from the site. On-site sales and
customer visits shall be prohibited.
D.
Density, bulk and yard requirements.
|
Type
|
Requirement
| |
|---|---|---|
|
Minimum lot area
[Amended 5-28-2003 by Ord. No. 2003:10] |
5,500 square feet
| |
|
Minimum lot width and frontage
|
50 feet
| |
|
Minimum lot depth
|
100 feet
| |
|
Minimum front yard
|
25 feet
| |
|
Side yards
| ||
|
One side
|
5 feet
| |
|
Aggregate side yard
|
15 feet
| |
|
Minimum distance between buildings
[Amended 5-28-2003 by Ord. No. 2003:10] |
20 feet
| |
|
Maximum building height
|
35 feet
| |
|
Maximum stories
|
2
| |
|
Maximum lot coverage
|
55%
|
[Amended 12-18-2002 by Ord. No. 2002:18]
The PI-3 District is in the Pinelands.
A.
Purpose. The purpose of the I-2 District is to establish areas where a variety of industries and businesses either exist or may in the future be located. The I-3 District is located in areas largely undeveloped. The I-3 and PI-3 design standards are intended to require larger tracts and provide more open space. Both districts will contribute to the economic base of the community by providing employment and a market for other businesses and service uses. In the Pinelands Area development shall comply with the District regulations in which it is located, except that to the extent there may be an inconsistency with the I-2 or I-3 District regulations, the Pinelands Area regulations (§ 335-77K) shall prevail. Notwithstanding the permitted uses, building height, and other zoning criteria set forth herein, all development in the I-3 District shall also be required to meet the criteria for airport hazard zones as set forth and regulated by the New Jersey Department of Transportation in N.J.A.C. 16:62-1.1 to 16:62-11.1, as amended.
B.
Permitted principal uses (land and buildings) shall
be as follows:
(1)
Any principal and accessory use permitted in the C-2
District is permitted in the I-1, I-3 and PI-3 Districts in accordance
with the requirements set forth in the C-2 District, except that where
the same use is set forth below, then the requirements of this I-2,
I-3 or PI-3 District shall prevail, as applicable.
(2)
Manufacturing, fabrication and assembly operations.
(4)
Borough uses.
(5)
Child-care centers or day-care centers shall be permitted uses provided that they meet the requirements of § 335-77D herein.
(6)
Utility services as defined herein, plus other commercial
or industrial aspects of these or any other utility service which
may or may not be part of a regulated utility company such as towers,
repair garages, offices, open storage, recycling, work areas and storage
tanks.
(7)
Hotels and motels.
C.
Permitted accessory uses (land and buildings) shall
be as follows:
(1)
Off-street parking lots and off-street loading areas.
(2)
Supply and equipment storage.
(3)
Cafeterias and eating areas are permitted in any use.
(4)
Hotels or motels may have snack bars, restaurants,
gift shops, newsstands, travel agents, banking services, clothing
stores, meeting rooms, pools and exercise facilities as accessory
uses within the hotel or motel. A pool may be outside. All accessory
uses shall be designed as an integral part of the interior of the
hotel or motel with no separate, exterior access and no drive-up window
services, except a pool may be outside.
(5)
The indoor repair of equipment at work bench scale
such as computers, appliances and office equipment.
(6)
Warehousing as an accessory use incidental to the
principal use in the same building and not exceeding 40% of the gross
floor area of the building in which the warehouse is located. The
screening of parking and loading operations from public streets and
nearby residential areas shall be accomplished by locating these operations
behind buildings or by creating berms and/or planting areas.
(7)
Amateur radio transmitting and receiving devices, television and satellite dish receiving antennas consistent with § 335-77B.
(8)
All uses which are normal and incidental accessory
uses consistent with the principal use. In the case of offices, such
incidental uses include examination rooms and laboratories in medical
offices; drafting and typing rooms; rooms for copying machines and
storage of supplies; and areas for receptionists, bookkeeping, conferences
and similar operations.
D.
Conditional uses shall be as follows:
(1)
Any use permitted in the C-2 District in accordance
with the conditions set forth in the C-2 District, except where the
same use may be set forth below, then the requirements of this I-2
District shall prevail.
(2)
Outdoor equipment storage such as construction equipment,
large spools of telephone or cable television cable and similar equipment
(but excluding junked material, tires, raw materials and finished
products that are part of a manufacturing, assembly or fabricating
process).
(3)
Self-storage facilities subject to the following conditions:
(a)
No self-storage space shall be used for the
storage of hazardous materials.
(b)
All self-storage facilities shall be contained
within a compound enclosed on all sides by a wall or fence that screens
the interior of the compound from adjoining streets and uses. No overhead
doors or storage materials shall be visible from outside the compound.
Architectural and landscaping elements, including but not limited
to offsets in the building line, exterior surface textures and foundation
plantings shall be used to mitigate the visual appearance of the compound
facade.
(c)
All driveways shall be a minimum of 25 feet
wide and an adequate internal circulation system shall be provided.
[Amended 5-28-2003 by Ord. No. 2003:10]
(d)
The compound containing the self-storage facility
shall be subject to the building setback standards for the zone in
which it is located except that no self-storage building shall exceed
one story in height.
(e)
The use of self-storage facilities shall be
limited to the storage of goods and security, administrative and maintenance
functions incidental to the operation of the self-storage facility.
Nonincidental activities such as vehicle or equipment repairs, painting,
meetings or rehearsals, retail sales, and related activities shall
not be permitted in conjunction with a self-storage use.
(f)
There shall be a minimum distance between each
self-storage building of 25 feet.
[Amended 5-28-2003 by Ord. No. 2003:10]
E.
Density, bulk and yard requirements shall be as follows:
|
Type
|
I-2 District
|
I-3 and PI-3 Districts
| |
|---|---|---|---|
|
Minimum lot area
|
40,000 square feet
|
2.0 acres
| |
|
Minimum lot width
|
200 feet
|
250 feet
| |
|
Minimum lot depth
|
200 feet
|
250 feet
| |
|
Minimum front yard*
|
50 feet
|
100 feet
| |
|
Minimum side yard*
|
20 feet
|
75 feet
| |
|
Minimum rear yard*
|
50 feet
|
100 feet
| |
|
Maximum building height
|
40 feet
|
40 feet
| |
|
Maximum lot coverage
|
50%
|
50%
| |
|
Maximum floor area ratio
|
0.20
|
0.20
| |
|
* NOTE: Additional setbacks shall be provided in accordance with § 335-77Q, if applicable.
| |||
[Amended 12-18-2002 by Ord. No. 2002:18]
A.
Purpose. This district is created to locate various
locations where public and quasi-public uses currently exist.
B.
Permitted principal uses (land and buildings) shall
be as follows:
(1)
Public and private schools for academic instruction.
(2)
Parks and recreation areas, including indoor facilities.
(3)
Firehouses and ambulance squads.
(4)
Municipal buildings and other government uses and
services.
(5)
Hospitals or health care facilities, nursing homes
and assisted living residences.
(6)
Places of worship.
[Amended 12-14-2017 by Ord. No. 2017-15]
(7)
Cemeteries.
(8)
VFW, Elks and similar national lodges.
C.
Accessory uses (land and buildings) shall be as follows:
(1)
Off-street parking and loading.
(2)
Amateur radio transmitting and receiving devices, television and satellite dish receiving antennas consistent with § 335-77B.
(4)
Meeting rooms, kitchens and temporary sleeping accommodations
for emergency service uses (permanent dwelling units are not permitted).
(5)
Meeting rooms, kitchens and child-care facilities
in places of worship and lodges.
[Amended 12-14-2017 by Ord. No. 2017-15]
(6)
Cafeterias, meeting rooms, gift shops, waiting rooms,
chapels, laboratories, offices and such other normal accessory uses
with a hospital or health care facility, nursing home or assisted
living residence.
(7)
Mausoleums no higher than 12 feet, grave markers and
statues in cemeteries and one accessory office building limited to
the conduct of the cemetery business and having access only from interior
drives within the cemetery.
D.
Conditional uses shall be as follows: none.
E.
Density, bulk and yard requirements shall be as follows:
|
Type
|
School, Hospital, Nursing Home, Assisted
Living
|
All Other Uses
|
|---|---|---|
|
Minimum lot area
|
5 acres
|
16,000 square feet
|
|
Minimum lot width (feet)
|
200
|
125
|
|
Minimum lot depth (feet)
|
300
|
125
|
|
Minimum front yard* (feet)
|
50
|
25
|
|
Minimum side yard* (feet)
|
20
|
25
|
|
Minimum rear yard* (feet)
|
50
|
25
|
|
Maximum building height
|
30 feet and 3 stories
|
35 feet and 2 stories
|
|
Maximum lot coverage
|
60% school and hospital 40% other
|
10% parks, recreation and cemetery 60% other
uses
|
|
Maximum floor area ratio
|
0.20
|
0.05 parks, recreation and cemetery 0.20 other
uses
|
|
* NOTE: Setbacks for buildings, other on-site
improvements: 15 feet
| ||
[Amended 12-18-2002 by Ord. No. 2002:18]
A.
Purpose. This district is created to identify publicly
owned properties restricted to open space uses.
D.
Conditional uses shall be as follows: none.
E.
Density, bulk and yard requirements shall be as follows:
|
Type
|
Requirement
| |
|
Minimum lot area
|
5 acres
| |
|
Minimum lot width
|
300 feet
| |
|
Minimum lot depth
|
300 feet
| |
|
Minimum front yard*
|
100 feet
| |
|
Minimum side yard*
|
100 feet
| |
|
Minimum rear yard*
|
100 feet
| |
|
Maximum building height
|
15 feet and 1 story
| |
|
Maximum lot coverage
|
10%
| |
|
Maximum floor area ratio
|
0.01
| |
|
* NOTE: Setbacks for buildings, other on-site
improvements: 15 feet
| ||
