The Township is divided into zoning districts
as set forth in this article and as shown on the Zoning Map.
The boundaries of zoning districts are established
on the Zoning Map which accompanies and is made part of this chapter.[1]
[1]
Editor's Note: A copy of the Zoning Map is
included at the end of this Code.
A.
Zoning district boundaries are intended to follow
street center lines, railroad rights-of-way, streams, lot lines and/or
continuations of lot lines, unless otherwise indicated by dimensions
on the Zoning Map. Dimensions shall be in feet, measured horizontally
from the street rights-of-way, even if the street center line serves
as a zoning district boundary. Zoning district boundaries extend vertically
in both directions from ground level.
B.
Where a zoning district boundary divides a lot, the
use of one district may be extended into the other no more than 50
feet, provided that the property line lies within 50 feet. The permitted
uses of the extended district shall thereafter be permitted in the
extended area.
C.
Where a street or public way serves as the zoning
district boundary and it is lawfully vacated, the former center line
shall be the zoning district boundary.
[Amended 4-5-1999 by Ord. No. 1999-7]
[Amended 8-19-2002 by Ord. No. 2002-8]
Any use, building or structure legally existing at the time of the enactment of this chapter may be continued in accordance with § 130-42, even though such use, building or structure may not conform with the provisions of this chapter. Any lot or dwelling unit lawfully existing as a result of a preliminary or final subdivision approval or certificate of occupancy approved as of August 1, 2002, shall continue to be governed by the zoning regulations in effect at the time of said approval, as set forth in Subsections C, E, F, G and H of § 130-71.
For provisions regarding exceptions, see also § 130-13.
A.
Height. Penthouses or roof structures for the housing
of elevators, stairways, tanks, ventilating fans, air-conditioning
equipment and similar mechanical equipment required to operate and
maintain the building and fire or parapet walls, skylights, towers,
spires, cupolas, steeples, flagpoles, chimneys, smokestacks or similar
structures may be erected above the height limits prescribed in this
chapter but in no case more than 25% above the maximum height permitted
in the district as long as they cover no more than 20% of the roof
area. However, spires, steeples, barns, silos, water towers and radio
and television towers shall have no height restrictions as long as
they are no wider than 20 feet, except that they shall comply with
any requirements of the Federal Aviation Agency and be set back from
any property line a distance equal to the height of the structure.
Freestanding flag poles shall not exceed a height of 35 feet.
[Amended 8-3-1992 by Ord. No. 1992-6]
C.
Front yard setback. Uses in all zoning districts may
be located closer to the street line than required in the Schedule
of Limitations, but only where the pattern of existing buildings within
200 feet of either side of the lot on the same side of the street
is established at a closer distance. Such new buildings may then be
built no closer to the street line than the average setback of these
existing buildings.
[Amended 4-17-1989 by Ord. No. 1989-6; 4-18-1988 by Ord. No.
1988-7; 8-7-1989 by Ord. No. 1989-8; 8-3-1992 by Ord. No.
1992-6; 3-21-1994 by Ord. No. 1994-2; 4-18-1994 by Ord. No.
1994-3; 4-3-1995 by Ord. No. 1995-4; 7-17-1995 by Ord. No.
1995-10; 9-5-1995 by Ord. No. 1995-17]
A.
RA Rural Agricultural District.
(1)
Purpose. The purpose of this district is to recognize
the predominant pattern of agricultural and scattered single-family
residential uses.
(3)
Permitted accessory uses shall be:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household
employees or farm workers, provided that each such dwelling unit meets
local codes and complies in every respect to the statutes of the State
of New Jersey and the rules and regulations of the New Jersey State
Board of Health concerning farm labor housing.
(c)
Roadside farm stands primarily for the sale
of farm products grown or raised locally by the owner or operator
of the farm, with a limit of one stand per farm, and provided that
such stand shall be set back a minimum of 20 feet from the street
line.
(d)
Private garages and carports.
(e)
Off-street parking facilities.
(f)
Private residential swimming pools.
(5)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to
provide the direct service of gas, electricity, telephone, water and
sewerage, but not offices, garages, warehouses, maintenance areas
or similar commercially or industrially related operations of such
companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals, philanthropic and charitable uses.
(6)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations accompanying this chapter
and are incorporated within this chapter by reference.[1]
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
I.
R-1.0 Residential Low-Density District.
(1)
Purpose. The purpose of this district is to provide
an opportunity for cluster development of detached dwellings at a
low density to maintain the rural character of the area while providing
for development opportunities and the preservation of critical environmental
features.
(3)
Permitted accessory uses shall be as follows:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household
employees or farm workers, provided that each such dwelling unit meets
local codes and complies in every respect to the statutes of the State
of New Jersey and the rules and regulations of the New Jersey State
Board of Health concerning farm labor housing.
(c)
Roadside farm stands primarily for the sale
of farm products grown or raised locally by the owner or operator
of the farm, with a limit of one stand per farm, and provided that
such stand shall be set back a minimum of 20 feet from the street
line.
(d)
Private garages and carports.
(e)
Off-street parking facilities.
(f)
Private residential swimming pools.
(6)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to
provide the direct service of gas, electricity, telephone, water and
sewerage, but not offices, garages, warehouses, maintenance areas
or similar commercially or industrially related operations of such
companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(7)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[9] accompanying this chapter and are incorporated within
this chapter by reference.
[9]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
J.
R-2.0 Residential Medium-Density District.
(1)
Purpose. The purpose of this district is to allow
for residential development while offering sufficient flexibility
in the standards to provide on-site recreation space and the preservation
of critical environmental features.
(3)
Permitted accessory uses shall be as follows:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household
employees or farm workers, provided that each such dwelling unit meets
local codes and complies in every respect to the statutes of the State
of New Jersey and the rules and regulations of the New Jersey State
Board of Health concerning farm labor housing.
(c)
Roadside farm stands primarily for the sale
of farm products grown or raised locally by the owner or operator
of the farm, with a limit of one stand per farm, and provided that
such stand shall be set back a minimum of 20 feet from the street
line.
(d)
Private garages and carports.
(e)
Off-street parking facilities.
(f)
Private residential swimming pools.
(5)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to
provide the direct service of gas, electricity, telephone, water and
sewerage, but not offices, garages, warehouses, maintenance areas
or similar commercially or industrially related operations of such
companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(e)
Professional offices and medical buildings.
(6)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[10] accompanying this chapter and are incorporated within
this chapter by reference.
[10]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
K.
R-6 Residential Townhouses District.
(1)
Purpose. The purpose of this district is to continue
the development of higher density residential uses in an area which
has been primarily developed in townhouse use in close proximity to
both garden apartments and commercial development.
(3)
Permitted accessory uses shall be:
(4)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to
provide the direct service of gas, electricity, telephone, water and
sewerage, but not offices, garages, warehouses, maintenance areas
or similar commercially or industrially related operations of such
companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(e)
Professional offices and medical buildings.
(5)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[11] accompanying this chapter and are incorporated within
this chapter by reference.
[11]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
L.
R-12 Residential Apartments District.
(1)
Purpose. The purpose of this district is to continue
the development of higher density residential uses in an area which
has been primarily developed in townhouse use in close proximity to
both garden apartments and commercial development.
(3)
Permitted accessory uses shall be:
(4)
Conditional uses. None.
(5)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[12] accompanying this chapter and are incorporated within
this chapter by reference.
[12]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
M.
R-75 Residential District.
(1)
Purpose. The purpose of this district is to continue
to allow small-lot, single-family detached development in areas where
this pattern has been firmly established.
(2)
Permitted principal uses shall be detached dwellings.
(4)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to
provide the direct service of gas, electricity, telephone, water and
sewerage, but not offices, garages, warehouses, maintenance areas
or similar commercially or industrially related operations of such
companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(e)
Professional offices and medical buildings.
(5)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[13] accompanying this chapter and are incorporated within
this chapter by reference.
[13]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
N.
B-1 Neighborhood Business District.
(1)
Purpose. The purpose of this district is to establish
zones which will provide convenience shopping for the general neighborhoods
in which they are located. The lot areas and permitted uses are intended
to be small in size and operating scale to serve the needs of the
immediate neighborhood conveniently without attracting regional traffic.
(2)
Principal permitted uses shall be:
[Amended 6-16-1997 by Ord. No. 1997-13]
(4)
Conditional uses shall meet the standards set forth in § 130-4 and shall be public utility uses exclusive of maintenance buildings and yards.
(5)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[15] accompanying this chapter and are incorporated within
this chapter by reference.
[15]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(6)
Access to properties.
(a)
In the B-1 District adjacent to the Lumberton
- Mt. Holly Road, access to properties zoned for business on the northwesterly
side of Lumberton - Mt. Holly Road shall be permitted only from the
following roads: Lumberton - Mt. Holly Road, Wilson Avenue, Harding
Avenue and Pershing Avenue. No access to business uses in the area
shall be permitted from Roosevelt Avenue.
(b)
In the B-1 District along Maple Grove Boulevard,
full access to properties shall be permitted from Maple Grove Boulevard
and only ingress shall be permitted from Route 38. There shall be
no egress onto Route 38.
O.
B-2 Highway Business District.
(1)
Purpose. The purpose of this district is to establish
a zone in those areas along or near Route 38 which have evolved over
the years into a strip commercial pattern dominated by uses which
rely on and serve highway traffic.
(2)
Permitted principal uses shall be:
(a)
Mortuary.
(b)
Movie theater.
(c)
Car wash.
(d)
Auto/truck sales.
(e)
Auto parts.
(f)
Restaurant.
(g)
Nightclub.
(h)
Bowling.
(i)
Lumberyard.
(j)
Motel.
(k)
Shopping center.
(l)
The retail sale of consumable products, wearing
apparel, pharmaceuticals and general merchandise.
(n)
Research, testing and experimentation.
(o)
Manufacturing, fabrication and assembly.
(p)
[16]Businesses involving the sale, distribution, lease, repair
and servicing of farm-related industrial and commercial equipment
and machinery.
[Added 6-16-1997 by Ord. No. 1997-13]
[16]
Editor's Note: Former Subsection O(2)(p),
regarding permitted uses in the R-12 Residential Apartments District,
was repealed 1-21-1997 by Ord. No. 1997-1.
(3)
Permitted accessory uses shall be:
(5)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[17] accompanying this chapter and are incorporated within
this chapter by reference.
[17]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
P.
I-1 General Industry District.
(1)
Purpose. The purpose of this district is to provide for the continuation of light industrial and heavy commercial activity and to allow small industries and businesses not involved in retail sales a place to locate. It is further specifically intended that airport-related uses shall not be permitted in this zone as they are already provided for under § 130-71R in the I-3 Airport Industrial District.
[Amended 7-17-2000 by Ord. No. 2000-16]
(2)
Permitted principal uses shall be:
(a)
Office buildings.
(b)
Hospitals.
(c)
Utilities.
(d)
Research, testing and experimentation.
(e)
Warehouse, shipping and receiving.
(f)
Manufacturing, fabrication and assembly.
(g)
Body shops.
(h)
Auto and truck repair.
(i)
Businesses involving the sale, distribution,
lease, repair and servicing of farm-related industrial and commercial
equipment and machinery.
[Added 6-16-1997 by Ord. No. 1997-13]
(j)
Child-care centers.
[Added 8-21-2006 by Ord. No. 2006-12[18]]
[18]
This ordinance provided that: "Subject to
the provisions of N.J.S.A. 40:55D-66.6, and the applicable standards
of the zoning districts affected, child-care centers for which, upon
completion, a license is required from the Department of Human Services
(N.J.S.A. 30:5B-1 et seq.) shall be a permitted use in all nonresidential
districts of the municipality."
(k)
Businesses operating as a cannabis cultivator, cannabis delivery
service, cannabis distributor, cannabis manufacturer, cannabis testing
facility or cannabis wholesaler licensed under N.J.S.A. 24:6I-31 et
seq.
[Added 6-17-2021 by Ord. No. 2021-09]
(4)
Conditional uses.
(a)
Conditional uses shall meet the standards set forth in § 130-4 and shall be public utility uses exclusive of maintenance buildings and yards.
(b)
Sexually oriented businesses.
[Added 4-5-1999 by Ord. No. 1999-5]
[1]
SEXUALLY-ORIENTED BUSINESS
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
Shall be defined as set forth at N.J.S.A. 2C:33-12.2 and
N.J.S.A. 2C:34-6.
[2]
Sexually oriented businesses as conditional
uses in I-1 zoning districts.
[a]
Except as otherwise provided herein,
sexually operated businesses shall not be permitted in any zone or
district within the Township of Lumberton.
[b]
The operation of sexually oriented businesses shall be permitted, as a conditional use only, in the I-1 General Industry District. Accordingly, § 130-71P(4) of the Code of the Township of Lumberton is hereby amended to establish the following conditions which must be met in order for a sexually oriented business to operate in that district:
[ii]
The fifty-foot front side and rear buffer requirements set forth above shall be in conformance with the provisions of N.J.S.A. 2C:34-7(b) and shall include both plantings acceptable to the Township Land Development Board and in compliance with the provisions of § 130-26(D) and fencing as required by the Land Development Board pursuant to the provisions of § 130-32.
[Amended 1-20-2004 by Ord. No. 2004-1]
[iii]
No sexually-oriented business
shall be operated within 1,000 feet of any existing sexually-oriented
business; or of any church, synagogue, temple or other place of public
worship; or of any elementary or secondary school, child-care center,
nursery or other institution or educational use; or of any municipal
or county playground or place of public resort and recreation or public
community center, park or similar use; or of any other religious,
institutional, municipal or educational use; nor within 500 feet of
any school bus stop.
[iv]
The maximum distance between any
access driveway and any adjoining property line shall be 30 feet.
[v]
The maximum width of curb cuts
for access driveways shall be 20 feet, except that a combined entrance
and exit shall total 40 feet.
[vi]
Parking requirements shall be generally governed by the provisions of § 130-44, except that there shall be one parking space for each three seats, with a minimum number of parking spaces for not less than 10 cars. No materials sold or displayed within the establishment shall be visible from any window or door, or within public view.
[vii]
All trash, refuse, debris, or
any matter to be disposed of shall be shredded, cut or rendered in
such a fashion so that the remains shall not be readable, legible
or discernable; and each establishment shall provide an appropriate
trash enclosure area, with fencing around the same, to eliminate the
spread of unwanted literature onto adjoining properties.
[viii]
No sexually-oriented business
shall display more than two signs, visible from the exterior; and
of those signs, they shall consist of one identification sign and
one sign giving notice that the premises are off limits to minors.
The identification sign shall be no more than 40 square feet in size.
The word "sign" shall also include the interior of any business premises
which can be viewed from the exterior; and shall include interior
store displays, even if placed behind front windows, where the same
can be viewed from the exterior.
[ix]
No sexually oriented business
shall be permitted to include within its commercial building, structure,
premises or portion or part thereof any partition between subdivisions
of a room, portion or part of a building, structure or premises having
an aperture which is designed or constructed to facilitate sexual
activity between persons on either side of the petition; and any booths,
stalls or partitioned portions of a room, or individual rooms, used
for the viewing of motion pictures or other forms of entertainment,
or live entertainment, having doors, curtains or portal partitions,
shall be permitted, unless such booths, stalls, partitioned portions
of a room or individual room so used shall have at least one side
open to an adjacent public room so that the area inside is visible
to persons in the adjacent public room.
[x]
A sexually oriented business governed
by the provisions of this section shall not be open for business any
earlier than 9:00 a.m. or any later than 11:00 p.m., Mondays through
Saturdays, and shall be closed on Sundays and legal holidays.
[3]
Violations and penalties.
[a]
For a violation of any provision
of this subsection, the maximum penalty, upon conviction, shall be
a fine not exceeding $1,000 or imprisonment in the County Jail for
a term not exceeding 90 days or a period of community service not
exceeding 90 days, or such combination of punishments as the Municipal
Judge may, in his or her discretion, deem appropriate and just.
[b]
Separate violations. Each and every
day in which a violation of any provision of this subsection exists
shall constitute a separate violation; and each and every violation
of this subsection, which can be deemed severable from any other violation,
shall be deemed a separate violation.
[c]
Minimum penalty. There shall be
a minimum penalty of a fine fixed in the amount of not less than $100.
(5)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations[19] accompanying this chapter and are incorporated within
this chapter by reference.
[19]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
Q.
I-2 Planned Industrial District.
(1)
Purpose. The purpose of this district is to provide
wider employment opportunities in proximity to residential centers.
The I-2 District is located to take advantage of existing highway
facilities.
(2)
Permitted principal uses shall be:
(a)
Office buildings.
(b)
Restaurants.
(c)
Hospitals.
(d)
Utilities.
(e)
Research, testing and experimentation.
(f)
Warehouse, shipping and receiving.
(g)
Manufacturing, fabrication and assembly.
(h)
Body shops.
(i)
Auto and truck repair.
(j)
Businesses involving the sale, distribution,
lease, repair and servicing of farm-related industrial and commercial
equipment and machinery.
[Added 6-16-1997 by Ord. No. 1997-13]
(k)
Community/power retail center establishments.
[Added 2-1-1999 by Ord. No. 1999-4]
(l)
Movie theater.
[Added 2-1-1999 by Ord. No. 1999-4]
(m)
Child-care center.
[Added 8-21-2006 by Ord. No. 2006-12[20]]
[20]
Editor’s Note: This ordinance provided
that: "Subject to the provisions of N.J.S.A. 40:55D-66.6, and the
applicable standards of the zoning districts affected, child-care
centers for which, upon completion, a license is required from the
Department of Human Services (N.J.S.A. 30:5B-1 et seq.) shall be a
permitted use in all nonresidential districts of the municipality."
(n)
Businesses operating as a cannabis cultivator, cannabis delivery
service, cannabis distributor, cannabis manufacturer, cannabis testing
facility or cannabis wholesaler licensed under N.J.S.A. 24:6I-31 et
seq.
[Added 6-17-2021 by Ord. No. 2021-09]
(4)
Conditional uses. Petroleum distribution terminals
may be constructed, provided that all of the following conditions
are met:
(a)
Storage tanks shall not exceed 30 feet in height.
(b)
The total site area for a petroleum distribution
terminal shall not exceed seven acres.
(c)
No aboveground storage tank may be located within
300 feet of a district which permits residential development.
(d)
If the site for a petroleum distribution terminal
adjoins a residential district, the buffer standards of this article
shall be met as a standard for this conditional use. As a part of
the buffer, plant materials shall be selected which will have sufficient
height at maturity to effectively screen or otherwise reduce the visual
impact of the terminal and its associated structures as seen from
residential districts.
(5)
Bulk regulations.
(a)
The bulk requirements for this district are
set forth on the Schedule of Limitations[21] accompanying this chapter and are incorporated within
this chapter by reference.
[21]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(b)
An industrial park shall be permitted on a tract
of 20 acres or more, provided that the following standards are met:
[1]
The park will contain three or more tenants.
[2]
The average lot size shall not be less than
two acres, and the minimum lot size shall not be less than one acre.
[3]
No lots of less than two acres may be subdivided
until a sufficient number of lots in excess of two acres have been
subdivided in order to maintain the minimum average lot size of two
acres.
[4]
The minimum lot width for parcels less than
two acres shall be 150 feet.
[5]
No lots of less than two acres shall be permitted
to front on arterial or collector roadways as designated in the adopted
Master Plan.
[6]
All other provisions shall be as set forth in
the Schedule of Limitations.
R.
R-I Rural Industrial District.
[Added 8-19-2002 by Ord. No. 2002-8][22]]
(1)
Purpose. The purpose of this district is to provide
for limited, low impacting, nonresidential uses within the larger
RA area.
(2)
Permitted principal uses shall be:
(a)
Any uses existing as of January 1, 2002, excluding
airports.
(3)
Conditional uses:
(a)
Airports and related general aviation related
operations subject to the following: that said usage shall not result
in the expansion or enlargement of the runways or operations.
(4)
Bulk regulations:
(a)
The bulk requirements for this district are
set forth in the Schedule of Limitations accompanying this chapter
which are incorporated herein by reference thereto.[23]
[23]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
[22]
Editor's Note: This ordinance also deleted
former Subsection R, I-3 Airport Industrial District.
S.
GB General Business District.
[Added 8-19-2002 by Ord. No. 2002-8][24] ]
(1)
Purpose. The purpose of this district is to take advantage
of both road frontages and large undeveloped areas by combining aspects
of both commercial and industrial zones.
(2)
Permitted principal uses shall be:
(a)
Office buildings.
(b)
Restaurants.
(c)
Hospitals.
(d)
Utilities.
(e)
Community/power retail center establishments.
(f)
Movie theater.
(g)
Mortuary.
(h)
Car wash.
(i)
Nightclub.
(j)
Bowling.
(k)
Lumberyard.
(l)
Motel.
(m)
Shopping center.
(n)
The retail sale of consumable products, wearing
apparel, pharmaceuticals and general merchandise.
(p)
Auto/truck sales.
(q)
Auto parts.
(r)
Warehouse, shipping and receiving.
(s)
Manufacturing, fabrication and assembly.
(t)
Businesses involving the sale, distribution,
lease, repair and servicing of farm-related industrial and commercial
equipment and machinery.
(3)
Permitted accessory uses shall be:
(5)
Bulk regulations. The bulk requirements for this district
are set forth on the Schedule of Limitations accompanying this chapter
and are incorporated within this chapter by reference.[25]
[25]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(6)
Schedule of Limitations. The use and area restrictions
shall be as set forth in the General Business Zone.
[24]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection S and Subsection T.
T.
H/A Historic/Architectural Area District.
(1)
Purpose. The purpose of this district is to provide
for the preservation and restoration of the Village of Lumberton through
the establishment of controls effecting building appearance. Use controls
are somewhat liberalized in an effort to attract investment in the
restoration of the village.
(4)
Conditional uses.
(b)
On Main Street, north of the South Branch of
the Rancocas Creek, retail use shall be permitted, provided that the
building retains its historic character and provided, further, that
the signs advertising the business are in keeping with the character
of the district.
(c)
The off-street parking requirements of this
chapter must be met.
(5)
Bulk regulations.
(a)
The bulk requirements for this district are
set forth on the Schedule of Limitations[26] accompanying this chapter and are incorporated within
this chapter by reference. They shall apply to all permitted and conditional
uses.
[26]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(c)
Lots with an area of less than 20,000 square
feet shall not be subdivided in order to produce more building lots,
since this may be detrimental to the integrity of the district and
to those areas which are subject to flooding.
(d)
The minimum front yard setback shall be increased
if the buildings located within 200 feet and in the same block frontage
are all set back a distance greater than 10 feet, and in this situation
the front yard setback shall be no closer to the street than the building
within this two-hundred-foot distance which is closest to the street
line.
(e)
Similarly, the front yard setback may be decreased
to less than 10 feet if the prevailing setback of existing buildings
within 200 feet in the same block frontage is less than 10 feet, and
in this situation the front yard setback shall be considered to be
the average of the existing setbacks within this two-hundred-foot
distance.
(f)
As defined herein, the minimum front yard setback
shall be met from all streets; and in the case of corner lots and
through lots, the calculations indicated herein shall apply to all
block frontages.
(g)
As indicated in the Schedule of Limitations,
the minimum side yard on one side shall be 10% of the lot width, and
the combined side yards shall be at least 30% of the lot width.
(h)
In the case of corner lots, all lot lines which
are not along the street line shall be considered to be side lot lines,
and the side yard standards shall apply; the lot width standard which
shall be used in calculating the required side yards shall be the
narrower of the two lot widths as measured at the required front yard
setback line from the street.
(i)
For two-family dwellings which are joined at
the lot line, the minimum side yard shall apply to one side only,
and it shall be at least 30% of lot width.
(j)
The minimum rear yard shall be 30% of the lot
depth or 40 feet, whichever is less.
U.
I-3 Industrial 3 District.
[Added 12-18-2006 by Ord. No. 2006-20]
(1)
Purpose. The purpose of the I-3 District is to encourage
industrial and commercial uses with relatively low volumes of large
truck traffic that are compatible with the adjacent and nearby use
of the South Jersey Regional Airport.
(2)
Permitted principal uses shall include the following:
(a)
Agriculture. Agriculture support services, as
follows:
(b)
Automobile and truck repair.
(c)
Beverage, candy, dairy, and food processing.
(d)
Garden center, including retail and wholesale
sales.
(e)
General administrative and business offices.
(f)
Machine shop.
(h)
Personal and household storage.
(i)
Pharmaceutical and cosmetic manufacturing.
(j)
Printing and publishing.
(k)
Businesses operating as a cannabis cultivator, cannabis delivery
service, cannabis distributor, cannabis manufacturer, cannabis testing
facility or cannabis wholesaler licensed under N.J.S.A. 24:6I-31 et
seq.
[Added 6-17-2021 by Ord. No. 2021-09]
(3)
Accessory uses and structures permitted in conjunction
with a permitted principal use shall include the following:
(a)
Distribution of products primarily manufactured
or assembled on site.
(b)
Fences, walls, guardhouses and other means of
securing property.
(c)
Landscape contracting in conjunction with a
garden center.
(d)
Manager's apartment in conjunction with personal
and household storage.
(e)
Off-street parking and loading.
(f)
Outdoor display of products in conjunction with
a garden center.
(g)
Signs.
(h)
Supply and equipment storage.
(i)
Accessory use customarily incidental to a permitted
principal use.
(4)
Conditional uses permitted. The following uses and structures may be permitted when authorized as a conditional use by the Land Development Board in accordance with the general standards of § 130-4 and the following specific criteria:
(a)
Auto body repair conforming to the following
criteria:
[1]
All wrecked, dismantled, partially restored
vehicles and parts shall be kept within an enclosure at least six
feet in height that is completely opaque.
[2]
All work on vehicles shall take place within
an enclosed building.
[3]
Adequate stormwater collection and recycling
systems for the recovery of fluids and particulate matter from vehicles
shall be installed.
(b)
Towing, automobile recovery and automobile impoundment
yard conforming to the following criteria:
[1]
The storage of vehicles shall conform to the
criteria for outdoor storage, herein; however, no vertical stacking
of vehicles shall be permitted.
[2]
Storage of damaged vehicles shall conform to
the criteria for auto body repair herein.
[3]
When determined to be required by the Land Development
Board, vehicle dropoff area(s) shall be designated on a site plan
adequate for the intensity of the use of the facility.
(c)
Outdoor storage conforming to the following
criteria:
[1]
Outdoor storage shall not be permitted in a
front yard.
[2]
The height of any material or equipment stored
outdoors shall not exceed 20 feet or the height of the principal building,
whichever is less.
[3]
Outdoor storage shall be adequately screened
with a combination of fencing, walls, and/or landscaping from any
external view of the site. The height of the plant material installed
shall match the height of any stored objects, equipment or material
within five years of planting.
[4]
Outdoor storage shall only be located on the
premises in conformance with an approved site plan.
(5)
Bulk regulations. The bulk requirements for this district
are set forth in the Schedule of Limitations accompanying this chapter
and are incorporated within this chapter by reference.
A.
Airports and related aviation facilities shall be
considered to be permitted uses in all zoning districts in the Township,
in accordance with the requirements and standards of the New Jersey
Air Safety and Hazardous Zoning Act of 1983.[2] Airport hazard areas, incorporating the runway subzone,
the runway end subzone and the clear zone, shall be of a size and
shape conforming to the standards and dimensions set forth in the
New Jersey Administrative Code under regulations promulgated by the
Commissioner of the Department of Transportation, as set forth in
N.J.A.C. 16:62. All land uses regulated under those provisions shall
be similarly regulated in this chapter. In addition to airports and
related aviation facilities, however, only those uses which are specifically
permitted in the zoning district shall be permitted in the regulated
airport hazard area. As set forth in the Department regulations, no
variances or subdivisions may be granted whose purposes would be contrary
to the standards of the regulations. No variance or other relief from
the standards promulgated may be granted without the explicit approval
of the Commissioner of Transportation.
[2]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
B.
Any party seeking to extend the length or breadth
of an airport runway, or add any airport runway, and by this extension
extend the effect of the use regulations called for under the New
Jersey Air Safety and Hazardous Zoning Act of 1983 shall own, have
obtained a property's consent or waiver or control the development
rights for any tract, parcel or area of land, the zoning on which
will be altered, modified or changed as a result of the expansion
contemplated. No expansion shall be deemed authorized by this subsection
unless ownership and/or control is demonstrated prior to approval
of the proposed expansion by a review agency operating within the
Township of Lumberton. The term "control" shall mean in the context
of this subsection ownership of the development rights pursuant to
the TDR provisions of this subsection, possession of rights under
a deed restriction covering the land in issue which permits the extension
of the land use regulations referenced or possession of some other
easement which demonstrates that the property owner, the zoning on
whose land will be altered, has sustained no measurable loss as a
result of the extension of the zoning provision.
[Added 12-6-1999 by Ord. No. 1999-23]
[1]
Editor's Note: Ordinance No. 2000-15, adopted
7-17-2000, provided in part as follows:
Be it ordained and enacted by the Township
Committee of the Township of Lumberton, County of Burlington and State
of New Jersey, that the air safety zone required to be established
by the Township of Lumberton pursuant to the New Jersey Air Safety
and Hazardous Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., be and
is hereby amended insofar as same relates to the South Jersey Regional
Airport (SJRA) to return said zone to parameters established and in
place in 1993 before discussions with the Township began, relating
to the expansion of the runway at the SJRA;
Be it further ordained and enacted by the
Township Committee of the Township of Lumberton that the Township
hereby expresses its refusal to modify, now and in the future, the
airport safety zone surrounding the SJRA to accommodate either Alternatives
1, 2 or 3 outlined in the Draft Environmental Assessment for the South
Jersey Regional Airport, dated February 2000, prepared by Clough Harbour
and Associates, LLP, and currently under consideration by both the
State of New Jersey Department of Transportation, Division of Aeronautics,
and by the State of New Jersey Department of Environmental Protection.
[Added 5-1-1989 by Ord. No. 1989-7]
A.
Notwithstanding any other provisions to the contrary
in any other ordinance of this Township, no structure or building
shall be demolished or removed in any zoning district of this Township
until application for a permit has been made to the Township Land
Development Board, which shall determine if the structure or building
is a historic landmark or historic site, and upon the Land Development
Board's determination that said structure or building is an historic
landmark or historic site, it shall not be demolished unless it is
deemed to pose a clear and present danger to the health or safety
of persons within this Township.
[Amended 1-20-2004 by Ord. No. 2004-1]
B.
This prohibition against demolition of buildings or
structures shall remain in force until a comprehensive ordinance providing
for preservation and protection of historic structures and sites has
been enacted by the governing body or for 90 days from the date of
the enactment of this section, whichever occurs first.
C.
An "historic landmark" shall be defined as follows:
any real property, such as a building, structure, ruins, foundation,
place or object, including but not limited to a village area, natural
object, configuration, geological feature or formation, which:
(1)
Is of particular historical, cultural, scenic or architectural
significance to the Township of Lumberton and in which the broad cultural,
political, economic or social history of the nation, state or community
is reflected or exemplified;
(2)
Is identified with historic personages or with important
events in the main current of national state or local history;
(3)
Shows evidence of habitation, activity or the culture
of prehistoric man;
(4)
Embodies a distinguishing characteristic or an architectural
type valuable as representative of a period, style or method of construction;
or
(5)
Represents the work of a builder, designer, artist
or architect whose individual style significantly influenced the architectural
history of the Township of Lumberton or other areas.
D.
"Historic site" is defined as any landmark, whether
located within or outside of a zoning district presently delineated
as a historic district, or any building, structure, improvement, area
or property within an historic district as presently constituted.
E.
Nothing herein shall prevent the demolition of any
structure or building for which a permit has already been issued prior
to the enactment of this chapter.
