City of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents
[Amended by Ord. No. 13-1998; Ord. No. 23-2000; Ord. No. 01-2003; 2-20-2007 by Ord. No. 02-2007; 6-19-2007 by Ord. No. 11-2007; 8-7-2007 by Ord. No. 14-2007; 8-7-2007 by Ord. No. 15-2007; 4-7-2009 by Ord. No. 10-2009; 9-15-2009 by Ord. No. 17-2009; 6-14-2011 by Ord. No. 05-2011; 4-1-2014 by Ord. No. 07-2014; 7-12-2014 by Ord. No. 07-2014]

§ 207-67 Intent and schedule of land uses.

All buildings erected, constructed, or altered in any district shall be designed and constructed in accordance and conformity with the restrictions set forth in the intent and schedule of land uses accompanying each district of this chapter and declared to be parts hereof.

§ 207-68 Districts, zones or transects.

For the purpose of this chapter, the City has adopted portions of SmartCode which is a form-based code that incorporates Smart Growth and New Urbanism principles. It is a unified development ordinance, addressing development at all scales of design and is based on the rural-to-urban transects. The City shall be divided into transects and special districts which shall be differentiated as to allowable uses and which shall be known and designated as follows:
207 Transect Zones.tif
Transect Zones
Open Space Transect Zone
OS-1
Open Space District
Suburban Residential Neighborhood Transect Zone
R-1
Suburban Residential Neighborhood District
R-2
Suburban Residential Neighborhood District
R-3
Suburban Residential Neighborhood District
Traditional Residential Neighborhood Transect Zone
TRN
Traditional Residential Neighborhood District
Town Center/Neighborhood Center Transect Zone
TC-1
Town Center District
TC-2
Town Center District
NC-1
Neighborhood Center District
Waterfront Transect Zone
W-1
Waterfront District
Special Districts
Highway Corridor Special District
HC-1
Highway Corridor District
HC-2
Highway Corridor Districts
Industrial District Special District
IP
Industrial Park Districts
I-1
Industrial Districts

§ 207-69 Zoning Map.

A. 
The boundaries of each Transect Zone or Special District shall be as shown on Attachment 1 "Zoning Map City of Burlington," which accompanies this chapter, and is declared to be a part, hereof including all notations and explanatory matter thereon.
B. 
No changes of any nature shall be made in the official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person shall be a violation of these provisions. The official Zoning Map shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. No amendment to this chapter, which involves matters on the official Zoning Map, shall become effective until after such change and entry has been made on the map.

§ 207-69.1 Attachments and zoning schedules.

A. 
Attachments. The following items are attached to this chapter:
(1) 
Attachment 1, Zoning Map.
(2) 
Attachment 1A, Historic District Map.
(3) 
Attachment 1B, Redevelopment Area Map.
(4) 
Attachment 2, Residential Dwelling Unit Types. A pictorial presentation of the dwelling types defined in § 270-3.
B. 
Zoning schedules. Any departure from the specifications listed on following zoning schedules shall require the approval of a variance:
(1) 
Attachment 3, Schedule of Land Uses.
(2) 
Attachment 4, Schedule of Bulk Requirements.
(3) 
Attachment 5, Schedule of Parking and Loading Requirements.

§ 207-70 District boundaries.

A. 
Unless otherwise shown, the transect zone or special district boundaries shall be construed to coincide with the center lines of streets, alleys, parkways, waterways and the middle of track or tracks of railroads.
B. 
Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
C. 
In all cases where a transect zone or special district boundary line is located not further than 15 feet away from a lot line of record, such boundary shall be construed to coincide with such lot line.
D. 
In all other cases, where dimensions are not shown on the Zoning Map, the location of boundaries shall be determined by the use of the scale appearing on such Map.
E. 
Where physical or cultural features on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered in this chapter, the Land Use Board shall interpret the district boundaries.

§ 207-71 General regulations.

A. 
Conformity.
(1) 
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner, except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
(2) 
All construction permits, change of use, driveway, installations or additions to any property within the City of Burlington shall be reviewed by the Zoning Officer to determine conformity with all zoning requirements and restrictions. The Zoning Officer will review and approve, deny and refer to the screening or Land Use Boards as appropriate. The fee for review by the Zoning Officer shall be in accordance with the fee schedule set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.
B. 
Accessory structures. In addition to the other requirements of this chapter, the following requirements shall apply:
(1) 
No accessory building shall be closer to any front yard than the principal building on the same lot.
(2) 
No accessory building in a residential transect shall exceed a height of more than 15 feet.
(3) 
A carport, existing before the passage of this chapter, may be altered and enclosed to make a garage. Such finished garage shall be no closer than five feet to the side lot line and shall not project beyond the front of the original principal structure.
(4) 
Small accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in the side and rear yard setback areas, provided they are not placed closer than five feet from any lot line. Such building shall not be used for an automobile garage.
(5) 
Accessory buildings shall be architecturally compatible with the principal building on the same lot.
(6) 
No swimming pool may be located in any front setback area, but may be located in the rear yard and side yard setback areas; provided that no part of the pool surface is located closer than 10 feet to the property lines. (See also Chapter 311, Swimming Pools.)
(7) 
Tennis courts are a permitted accessory structure, provided that no tennis court shall be closer than 10 feet to the inside or rear property line. Tennis courts in residential transect must also adhere to the requirements of Subsection G of this section.
C. 
Yards and open space. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
D. 
Occupied lots. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by this chapter for the transect or special district in which such lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
E. 
Previous permits. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which has been issued and the construction of which shall have been started before the date of first publication of notice of the public hearing on this chapter, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall have been completed in accordance with such plans as have been filed within one year from the date of passage of this chapter.
F. 
Visibility obstructions. In a residential transect, no fence, shrubs or other obstruction to visibility, exclusive of trimmed trees or existing buildings, shall be erected, planted or maintained upon corner lots within 25 feet of any street intersection. Any existing obstruction, exclusive of trimmed trees or existing buildings of this character, which, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection, shall be removed by and at the expense of the owners of such corner lots within six months of the date of passage of this chapter.
G. 
Fence and wall limitations in residential districts.
(1) 
No walls shall be constructed to define or enclose a portion of a property in any residential district, except for retaining walls which are constructed specifically to resist the lateral displacement of soil.
(2) 
In a residential transect, or on lots used for such purposes in any other districts:
(a) 
No fence of any type in excess of four feet in height shall be permitted without a fence permit obtained from the Zoning Officer.
(b) 
Application for a fence permit shall include the following:
[1] 
Completed fence permit application form.
[2] 
Fence permit application fee.
[3] 
Drawing or survey of the subject property depicting the location(s) of the proposed fence(s) as well as the location of any existing fence(s).
[4] 
An elevation drawing, photograph, catalog cut, or other reasonably accurate visual depiction of the proposed fence(s) which shall show:
[a] 
The height from grade to the highest point of the proposed fence(s).
[b] 
The material of which the proposed fence(s) is to be fabricated;
[c] 
The method of installation of the proposed fence(s); and
[d] 
The style of the proposed fence(s).
(c) 
No application for a fence permit shall be approved unless all of the above items have been included at the time of submission.
(d) 
All complete applications for fence permits shall be approved or denied by the Zoning Officer within 10 days of submission.
(e) 
Fences shall be erected such that the supporting members thereof shall not be visible to one's neighbor(s).
(f) 
No fences shall be erected or maintained upon a corner lot within 25 feet of any street intersection.
(g) 
The bottom of all fences shall be erected to be no less than four inches above existing grade.
(h) 
The distance between parallel fences shall allow for fence and lawn care and maintenance.
(i) 
No fence shall be erected that is a safety hazard to others.
(j) 
No fence shall be erected that is greater than four feet in height unless such fence is erected outside of or beyond: a public right-of-way; the front yard setback of any principal building or structure; and any sight triangle.
(k) 
Along all other locations, no fence shall be erected that is greater than six feet in height.
(3) 
An appeal of a decision made by the Zoning Officer for the height of a fence shall come before the Land Use Board and shall be handled as a "c" variance pursuant to N.J.S.A. 40:55D-70(c).
(4) 
Within the Historic District or with respect to any structure designated as an historic structure, any removal or change in any fence or wall must be determined to be compatible with the historical or architectural integrity of the property and a certificate of appropriateness resulting from review by the Historic Preservation Commission and the Land Use Board is required. (See Article IV.) The Historic Preservation Commission and Land Use Board's review shall deal with materials, design and height. Both Boards shall consider materials, design and height as it affects their respective areas of concern, i.e., historic preservation, safety, visibility, etc. The applicant shall have the right to choose the order or sequence of review by the respective Boards.
(5) 
Fences for pools are required pursuant to § 311-7, and such fences shall be at least four feet in height. That section specifically designates the type of fencing and/or enclosure that is required.
H. 
Street wall. Every building used or intended for use, in whole or in part, as a dwelling hereafter erected shall have one entire wall, without any intervening structure, face upon a public street. No detached building shall be constructed in front of, or moved to the front of, a dwelling on the same lot.
I. 
Flammable and combustible liquid storage.
(1) 
The storage of flammable and combustible gases and liquids shall not be permitted above the ground in any district in any storage tanks or other type storage containers the total capacity of which exceeds 100 gallons, except when the storage of such material is an accessory use to a use permitted in the Industrial District I-1.
(2) 
The transportation, storage, handling and processing of flammable and combustible liquids shall be in strict accordance with the N.J. Uniform Fire Prevention Code.
J. 
Materials and equipment storage.
(1) 
Screening. All materials and equipment, excluding motor vehicles used in connection with a commercial or industrial use, shall be stored within buildings or shall be enclosed by approved walls, fences or screen planting, and in no case shall be in front of the building line or within required yard areas. Outdoor displays shall only be permitted in accordance with the provisions of § 207-84.1.
(2) 
Trailers. A truck, trailer, tractor trailer, containerized unit or similar structure, device or vehicle shall not be used for outdoor storage purposes unless enclosed within a building which has received site plan approval as a storage facility or warehouse.
(3) 
Residential use of trailers. No truck, trailer, or recreational vehicle shall be used for residential purposes.
K. 
Height exceptions. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features and necessary mechanical appurtenances usually carried above roof level. Such features, however, shall be erected only to such height necessary to accomplish the purpose they are to serve and must be specifically approved by the Land Use Board.
L. 
Home occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, accounting, real estate and insurance, barbers and beauticians and babysitting for no more than five nonresidential children. Home occupations shall be a permitted in transects and special districts shown on Attachment 3, provided the following standards are met:
(1) 
The home occupation is carried on completely within the dwelling unit and is carried on only by a resident (occupant) residing in the dwelling unit plus not more than one full-time additional employee or equivalent.
(2) 
Not more than 25% of the floor area of the dwelling shall be devoted to home occupations.
(3) 
No frequent servicing by truck for supplies and materials shall be required by the home occupation. Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district.
(4) 
There shall be no use of show windows or displays or advertising visible outside the premises to attract customers or clients other than signs permitted in Chapter 285, Article I, General Sign Regulations, and there shall be no exterior storage of material.
(5) 
No exterior alterations, additions or changes to the residential character of the dwelling unit shall be permitted in order to accommodate or facilitate a home occupation including but not limited to parking, storage, or lights.
(6) 
No offensive noise, vibration, smoke, dust, odors, heat, glare, fumes, electrical or radio interference shall be produced that is detectable by neighboring residents.
(7) 
The use does not require any increased or enhanced electrical or water supply.
(8) 
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(9) 
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.
(10) 
All vehicular traffic to and from the home office shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
M. 
Industrial District (IP and I-1) general regulations.
(1) 
There shall be at least one trash and garbage pickup location provided for each building, which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area, provided that the container in no way interferes with or restricts loading and unloading functions.
(2) 
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
N. 
Rooming house and boardinghouse. Rooming house and boardinghouse uses are not permitted within the City.
O. 
Tattoo and massage parlors. Neither tattoo parlors nor massage parlors shall be a permitted use in any zone.

§ 207-72 OS-1 Open Space District.

A. 
Intent. It is the intent of the OS-1 Open Space District to:
(1) 
Provide public access and encourage eco-tourism and commercial recreation on Burlington Island, while protecting the island's environmental integrity for future generations.
(2) 
Maintain the City's local recreational facilities and public access along the Delaware River, while promoting it as a regional entertainment and commercial recreation venue.
(3) 
Return JFK Park to a more natural condition, as part of a recreational greenway and wildlife habitat.
(4) 
Improve public access along the Assiscunk Creek above Mitchell Avenue and work with Burlington Township to develop a regional recreational greenway and wildlife habitat.
(5) 
Maintain neighborhood parks, playgrounds, and community centers as important features of residential quality of life.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area, yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs. Signs in the OS-1 District shall be permitted and placed at the discretion of the Common Council.
C. 
Urban design guidelines.
(1) 
The following desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking are provided to serve as a guide for future infill development and redevelopment in the OS-1 District:

§ 207-73 R-1 Suburban Residential Neighborhood District.

A. 
Intent. It is the intent of the R-1 Residential District to promote the following:
(1) 
Very low-density housing in appropriate locations;
(2) 
Limited quasi-public uses appropriate for residential neighborhoods;
(3) 
A variety of residential housing types and densities, creation of appropriate open space and recreational facilities, conservation of open space and preservation of valuable natural resources and to encourage well-designed residential subdivision in those areas of the zone when the mixed planned residential development option is a permitted conditional use.
(4) 
Maintenance and enhancement of the neighborhoods as a walkable community with preserved local character.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area, yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
C. 
Urban design guidelines.
(1) 
The following desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking are provided to serve as a guide for future infill development and redevelopment in the R-1 Suburban Residential Neighborhood District. Site planning principles are also provided.
207 SRN R-1 R-2 R-3.tif
207 Site Plan Princ1.tif

§ 207-74 R-2 Suburban Residential Neighborhood District.

A. 
Intent. In addition to the intent of the R-1 Residential District, it is the intent of the R-2 Residential District to promote the following:
(1) 
Medium-density housing in appropriate locations;
(2) 
Limited quasi-public uses appropriate for residential neighborhoods;
(3) 
Maintenance and enhancement of the neighborhoods as a walkable community with preserved local character.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
C. 
Urban design guidelines.
(1) 
Section 207-73C provides a guide for future infill development and redevelopment in the R-2 Suburban Residential Neighborhood District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.

§ 207-75 R-3 Suburban Residential Neighborhood District.

A. 
Intent. It is the intent of the R-3 Residential District to promote the following:
(1) 
Mixed-density housing in appropriate locations, and to limited uses appropriate to residential neighborhoods;
(2) 
Diversity of housing types and characteristics;
(3) 
Maintenance and enhancement of the neighborhoods as a walkable community with preserved local character.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
C. 
Urban design guidelines.
(1) 
Section 207-73C provides a guide for future infill development and redevelopment in the R-3 Suburban Residential Neighborhood District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.

§ 207-76 TRN Traditional Residential Neighborhoods District.

A. 
Intent. It is the intent of the TRN Traditional Residential Neighborhood District to:
(1) 
Remove derelict buildings, rehabilitate deteriorated buildings, and sensitively design and strategically redevelop areas with a variety of housing choices in order to maintain the historic neighborhood character.
(2) 
Integrate compatible neighborhood-scale civic uses and home occupations that encourage residents to walk, bike, or ride safe and convenient public transportation to most of their daily needs.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
C. 
Urban design guidelines.
(1) 
The following desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking are provided to serve as a guide for future infill development and redevelopment in the TRN-Traditional Residential Neighborhoods. Site planning principles are also provided.
207 TRN.tif
207 SPP Rear and Front Blocks.tif

§ 207-77 TC-1 Town Center District.

A. 
Intent. It is the intent of the TC-1 Town Center District to:
(1) 
Rehabilitate deteriorated buildings, sensitively design and strategically redevelop areas with a variety and mixture of lodging, civic, commercial, office and other compatible uses, as well as housing above the street level, in order to take advantage of the light rail station and maintain the historic small town "main street" character.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
(6) 
Special regulations.
(a) 
Businesses with rear properties adjacent to public property or rights-of-way shall install appropriate signage in accordance with Chapter 285, Signs, to identify the business occupying the structure and to provide a formal entryway compatible with the architectural integrity of the building.
(b) 
Trash and garbage areas shall be properly screened and walkways, lighting and landscaping shall be required to provide attractive connections from public areas to commercial properties.
C. 
Urban design guidelines.
(1) 
The following desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking are provided to serve as a guide for future infill development and redevelopment in the TC-1 Town Center District. Site planning principles are also provided.
207 TC_NC.tif
207 Site Plan Princ2.tif

§ 207-77.1 Arts and Cultural District (ACD) within TC-1.

A. 
Intent. It is the intent of the Arts and Cultural District (ACD) to provide:
(1) 
Arts and cultural businesses to add diversity to the City's economy;
(2) 
Positive economic impacts to the City with an influx of artistic and culturally related businesses and organizations that will generate jobs and revenue;
(3) 
Positive impacts to Burlington City's residents, neighboring business owners in other districts, and visitors.
B. 
District boundaries established.
(1) 
The boundaries of the City of Burlington's Arts and Cultural District (ACD) within TC-1 are shown on Attachment 1, Zoning Map.
(2) 
The designation of the area as an Arts and Cultural District (ACD) shall not in any respect override any applicable City Code regulatory requirement including, but not limited to, zoning regulations, fire code, nuisance, and building and property maintenance codes.
C. 
Examples of arts-and-culture-related businesses and organizations include:
(1) 
A for-profit business or not-for-profit organization that presents live performances of theatre, dance, music, or other imaginative work and/or produces or exhibits physical works created by, or under the direction of, one or more artists, which are intended for unique production or limited reproduction, including for-profit businesses and not-for-profit organizations involved in instruction of arts and cultural forms.
(2) 
A for-profit business or not-for-profit organization that offers a technical and/or administrative support function to the operation of an arts and cultural activity: marketing; public relations; graphic design and publishing; booking and travel services; IT, internet and social media services; consulting and planning services for arts and cultural activity; provisions of technical equipment and expertise related to arts performance and presentation.
(3) 
Museums or historic sites, the primary mission of which is education, history, or historic preservation, shall also qualify as arts and culture organizations.
(4) 
General consumer-oriented food retailers such as restaurants, cafes, coffee and tea shops, and delicatessens.
(5) 
A "creative economy business" whose primary economic activities are the generation or utilization of innovation, knowledge and information involving individual creativity, skill and talent which activities have a potential for wealth and job creation through the generation of ideas, products and/or services. Standard categories may include, but are not limited to: advertising, architecture, art and antiques, designing computer games or software, culinary arts, crafts, design, designer fashion, film and video, music, performing arts, theatre, publishing, TV and radio.

§ 207-78 TC-2 Town Center District.

A. 
Intent. It is the intent of the TC-2 Town Center District to:
(1) 
Rehabilitate deteriorated buildings, sensitively design and strategically redevelop areas with a variety and mixture of lodging, civic uses, office and other compatible uses, as well as limited neighborhood-scale commercial uses, in order to take advantage of the light rail station.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
(6) 
Special regulations.
(a) 
Businesses with rear properties adjacent to public property or rights-of-way shall install appropriate signage in accordance with Chapter 285, Signs, to identify the business occupying the structure and to provide a formal entryway compatible with the architectural integrity of the building.
(b) 
Trash and garbage areas shall be properly screened and walkways, lighting and landscaping shall be required to provide attractive connections from public areas to commercial properties.
(c) 
Combined office/residential uses with office uses on the first story and residential uses on the upper stories are permitted provided that all of the requirements of the City Housing Code and this chapter are met.
(d) 
Conversion of nonconforming offices. Each application to convert an existing nonconforming office use to another type of office use shall be construed liberally to permit the change in office use provided that the change will not cause substantial detriment to the public good.
C. 
Urban design guidelines.
(1) 
Section 207-77C provides a guide for future infill development and redevelopment in the TC-2 Town Center District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.

§ 207-79 NC-1 Neighborhood Center District.

A. 
Intent. It is the intent of the NC-1 Neighborhood Center District to:
(1) 
Encourage neighborhood-scale business and commercial uses and recognize existing land uses that encourage residents to walk, bike, or ride safe and convenient public transportation for many of their daily needs, while maintaining the street's historic neighborhood character.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
(6) 
Special regulations.
(a) 
Businesses with rear properties adjacent to public property or rights-of-way shall install appropriate signage in accordance with Chapter 285, Signs, to identify the business occupying the structure and to provide a formal entryway compatible with the architectural integrity of the building.
(b) 
Trash and garbage areas shall be properly screened and walkways, lighting and landscaping shall be required to provide attractive connections from public areas to commercial properties.
C. 
Urban design guidelines.
(1) 
Section 207-77C provides a guide for future infill development and redevelopment in the NC-1 Neighborhood Center District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.

§ 207-80 W-1 Waterfront District.

A. 
Intent. It is the intent of the W-1 Waterfront District to:
(1) 
Revitalize and redevelop the area with a mix of sensitively designed and integrated housing choices and compatible neighborhood-scale commercial and civic uses, maritime-related commercial uses and limited lodging and office uses, while continuing the riverfront promenade and improving public access along the Delaware River and Assiscunk Creek.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Special regulations. In addition to the other requirements of this chapter, the following guidelines shall be utilized for the W-1 Waterfront District:
(a) 
The architecture of any proposed uses should be compatible with the adjacent High Street Business District.
(b) 
The facade, as viewed from the waterfront promenade, should be architecturally integrated.
(c) 
Uses along the waterfront should be oriented to pedestrian use along the waterfront as well as pedestrian and vehicular access along Pearl Boulevard.
(d) 
For commercial uses in this district, loading and unloading areas, service entrances, etc., shall be from a portion of the building not facing directly onto the Waterfront Promenade or Pearl Boulevard.
(e) 
Due to the special and public nature of this district, landscaping shall be utilized to create a park-like setting for any proposed use.
C. 
Urban design guidelines.
(1) 
The following desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking are provided to serve as a guide for future infill development and redevelopment in the W-1 Waterfront District. Site planning principles are also provided.
207 WF.tif
207 Site Plan Princ3.tif

§ 207-81 HC-1 Highway Corridor District.

A. 
Intent. It is the intent of the HC-1 Highway Corridor District to:
(1) 
Revitalize the areas as a safe, landscaped boulevard lined with sustainable, pedestrian-scaled and sensitively designed commercial uses, along with lodging and limited civic uses, which unifies both sides of the roadway;
(2) 
Create an identifiable character for a major entry point into the City by encouraging the grouping of compatible uses;
(3) 
Promote a harmonious, stable mixture of limited retail and service uses;
(4) 
Reduce the hazards of highway commercial activity;
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see conditional use, § 207-90.
(6) 
Buffer and landscape requirements: see § 207-87.
C. 
Urban design guidelines.
(1) 
The following desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking are provided to serve as a guide for future infill development and redevelopment in the HC-1 Highway Corridor District. Site planning principles are also provided.
207 HC.tif
207 Site Plan Princ4.tif

§ 207-82 HC-2 Highway Corridor District.

A. 
Intent. It is the intent of the HC-2 Highway Corridor District to:
(1) 
Revitalize as a safe, landscaped boulevard lined with automobile-oriented commercial uses, limited lodging and health care service businesses, business administrative and support services, information technology businesses; limited contractor and transportation-related industries, and wholesale trade businesses;
(2) 
Reduce the hazards of highway commercial activity;
(3) 
Create stable commercial development.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
(6) 
Buffer and landscape requirements: see § 207-87.
C. 
Urban design guidelines.
(1) 
Section 207-81C provides a guide for future infill development and redevelopment in the HC-2 Highway Corridor District in reference to the desired character, building placement, frontage types, typical building height, public spaces, civic buildings and parking. Site planning principles are also provided.

§ 207-83 IP Industrial Park District.

A. 
Intent. It is the intent of the IP Industrial Park District to promote:
(1) 
Areas within the City where general business offices, warehousing and distribution facilities, assembly of products from partially manufactrued and/or processed goods and materials, flexible light industrial uses, and light manufacturing uses can be developed in a manner that will improve the appearance of these areas and strengthen and improve the City's economic composition and provide jobs to City residents;
(2) 
Areas for the development of industrial parks with more flexible design standards which will accommodate a combination of general business offices, warehousing and distrubution facilities, assembly of products from partially manufactured and/or processed goods and materials, flexible light industrial uses, and light manufacturing uses in a compatible manner, and eating establishments to service the uses and people in the industrial park and other patrons;
(3) 
Regulation of uses and development standards which are aimed to reduce hazards and nuisances associated with industrial developments; and
(4) 
Coordination with industrial development programs in the adjacent Township and to continue the riverfront promenade in order to improve public access along the Delaware River and Assiscunk Creek.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
(6) 
Performance standards for industrial districts: see § 207-86.
(7) 
Buffer and landscape requirements: see § 207-87.
(8) 
Industrial District general regulations: see § 207-71M.

§ 207-84 I-1 Industrial District.

A. 
Intent. It is the intent of the I-1 Industrial District to promote:
(1) 
Clustering of industrial development in selected appropriate areas;
(2) 
Sites for industrial uses separated from incompatible uses;
(3) 
Reduction of the influence of hazards and nuisances resulting from the operation of industries to other adjoining land uses;
(4) 
Coordination with industrial development programs in the adjacent Township and to continue the riverfront promenade in order to improve public access along the Delaware River and Assiscunk Creek.
B. 
District regulations.
(1) 
Permitted uses, accessory uses, conditional uses: see Attachment 3, Schedule of Land Uses.
(2) 
Area yard and bulk requirements: see Attachment 4, Schedule of Bulk Requirements.
(3) 
Parking and loading: see Attachment 5, Schedule of Parking and Loading Requirements.
(4) 
Signs: see Chapter 285, Signs.
(5) 
Conditional uses: see § 207-90.
(6) 
Performance standards for industrial districts: see § 207-86.
(7) 
Buffer and landscape requirements: see § 207-87.
(8) 
Industrial District general regulations: see § 207-71M.

§ 207-84.1 Outdoor displays.

Permitted business uses may display automobiles, garden and lawn supplies and equipment, trees, shrubs and Christmas trees intended for sale on the premises outside of and adjacent to other principal structures in which such use is carried on provided that such outdoor selling or storage areas shall not encroach upon any of the required landscape or buffer areas, or the public right-of-way. The combined area of the lot occupied by buildings, required off-street parking, storage and display shall not exceed the maximum lot coverage permitted for buildings, parking and drives permitted within the district in which it is located. The areas shall be appropriately set forth at the time of application for a building permit or site plan approval. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary approval. Nothing in this section shall be construed to permit the outdoor storage of goods intended for use other than at the point of sale.

§ 207-85 Parking and loading.

A. 
Application. No new building shall hereafter be erected, and no existing building be altered to increase its floor area or increase employment or occupancy unless and until off-street parking facilities as set forth in this chapter, where applicable, shall be provided for the storage or parking of passenger motor vehicles for the use of occupants, employees or patrons of buildings erected or for the portion enlarged or altered.
B. 
Size. An off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area nine feet wide and 20 feet long for head-to-head parking and nine feet wide and 18 feet long for perpendicular parking against a curb or curb stop, exclusive of passageways and driveways appurtenant thereto and giving access thereto. Entrance and exit roadways shall not be computed as parking space except for single-family residences. No area in existing right-of-way areas in public roads shall be used to satisfy the parking space requirements.
C. 
Access. Unobstructed access to and from a street shall be provided.
D. 
Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be provided with a paved surface as approved by the City Engineer and shall be clearly marked for car spaces.
E. 
Parking space requirements. Parking space requirements shall be met on the same lot with the principal use to which it is accessory whenever possible. If this is not possible, the parking space shall be provided on another site with no parking space further than 500 feet from the entrance to the building. Such parking space which is provided on another site shall not be on the opposite side of a highway or heavily traveled street from the principal use to which it is accessory. The area of the property on which the separate parking lot is located may be included in the total minimum lot area required. In the case of a single-family detached dwelling or two-family detached dwellings, parking space must be provided on the same lot as the dwelling.
F. 
Parking in residential districts.
(1) 
No driveway in a residential zone shall provide access to a commercial or industrial zone.
(2) 
No required front or side yard, other than an improved driveway constructed in accordance with Chapter 306, Article V, Sidewalks, Driveway Aprons and Curbs, shall be used for the open air storage of motor vehicles, travel trailers, motor homes, recreation vehicles, boats, etc.
(3) 
No unlicensed vehicle shall be stored out of doors.
G. 
Mixed uses. In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses, computed separately in accordance with the limiting schedule. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use.
H. 
Driveway clearance. Off-street parking areas should be designed to prevent the maneuvering of vehicles onto or out of parking spaces or the storage of vehicles within any portion of an entrance driveway or driveway lane that is within 20 feet of the right-of-way line of a road. Off-street parking areas should be so designed to permit all vehicles to turn around on the site in order to prevent the necessity of any vehicle backing on to the road from such site.
I. 
Shade trees. Off-street parking areas which provide parking for 20 or more vehicles shall be provided with shade trees of a type and size approved by the Land Use Board. The shade trees shall be located in a planned manner within the parking lot areas in quantity equal to not less than one shade tree for every 10 parking spaces.
J. 
TC-1 District. Parking in the TC-1 District shall be where permitted by ordinance.
K. 
Parking standards. See Chapter 207, Attachment 5, Parking and Loading Requirements, for parking requirements for all transects and districts except TC-1.
L. 
Loading and service areas.
(1) 
Adequate areas shall be provided in all commercial and office districts for the loading and unloading of delivery trucks and other vehicles and the servicing of shops by refuse collection, fuel, fire and other service vehicles. Such area shall be paved with a hard surface acceptable to the City Engineer.
(2) 
The required number of loading areas shall be prescribed by the schedule of minimum loading requirements in Chapter 207, Attachment 5, Schedule of Parking and Loading Requirements.
(3) 
Uses not listed shall provide sufficient spaces as determined by the approving authority using the schedule as a guide.
(4) 
Location of loading areas shall meet the following requirements:
(a) 
No loading area shall be located in any required buffer or screen.
(b) 
No off-street loading and maneuvering areas will be located in any front yard or require any part of a street.
(c) 
Loading spaces shall abut the building being served and be located to directly serve the building for which the space is being provided.
(5) 
Each loading berth shall be at least 15 feet by 40 feet and there shall be no loading or unloading from the street.

§ 207-86 Performance standards for industrial districts.

All research laboratories, manufacturing or other industrial uses shall be subject to the following performance standards:
A. 
No highly flammable or explosive liquids, solids or gases shall be stored in bulk aboveground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel.
B. 
All outdoor storage facilities of fuel, raw materials and products, and all raw materials and products stored outdoors, shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.
C. 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred from the lot by natural causes or forces, nor shall any substances which can contaminate a stream or watercourse, or which may destroy aquatic life, be allowed to enter any stream or watercourse.
D. 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
E. 
No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 2 of the Ringleman Smoke Chart as published by the U.S. Bureau of Mines.
F. 
The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or other forms or property, or which can cause any soiling or staining of persons or property at any point beyond the lot line or the use creating the emission is herewith prohibited.
G. 
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F., and 50% excess air in stack at full load.
H. 
There shall be no emission of sulfur dioxide.
I. 
The sound pressure level of any use (not including ambient noises not under control of the operator of the use) shall not exceed, at any point on the boundary of an industrial district, the decibel levels* in the designed octave bank shown below, except for emergency alarm signals, and subject to the following corrections:
207 Equation.tif
(1) 
Subtract five decibels for pulsating or periodic noises. Add five decibels for noise sources operating less than 20% of any one-hour period.
(2) 
Sound pressure level to be measured according to the specification published by the American Standard Association.
Octave Bank Cycles
Per Second
Along Residence District
Boundaries
Along Business District
Boundaries
0 to 75
72
79
75 to 150
67
74
150 to 300
59
66
300 to 600
52
59
600 to 1,200
46
53
1,200 to 2,400
40
47
2,400 to 4,800
34
41
Over 4,800
32
39
J. 
There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail.
K. 
No direct or reflected light or heat from any source within an industrial district shall be detectable beyond the boundaries of the industrial district if the light or heat is or may become an annoyance or interference with the comfort or general well-being of the inhabitants of other districts adjacent to the industrial district. This requirement shall be considered to have been met if adequate buffer strips exist or have been planted. All sources of lights in industrial districts will be provided with opaque shades above them so that light from these sources will not shine directly or diagonally upward but so that the light will be dispersed horizontally and downward for the purpose of minimizing reflected light from the clouds and dust particles in the air during the night. This opaque shade requirement will also apply to industrial operations such as furnaces, cutting torches, etc., which produce light incidentally in the function of their primary purpose which may be other than that of providing light.
L. 
Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible outside of the limits of the lots.
M. 
No activities shall be permitted which emit dangerous radioactivity beyond closed areas. No electrical disturbances, except from domestic household appliances, shall be permitted to affect adversely, at any point, any equipment, other than that of the creator of such disturbance.
N. 
Every use requiring power shall be so operated that any service lines, substation etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by evergreen planting or screening with architectural materials common to the buildings.

§ 207-87 Buffer and landscaping requirements.

A. 
A buffer yard is required where the following districts adjoin a residential district. The buffer yard shall be parallel to and adjacent with the district boundary and shall be completely covered with a vegetative ground cover. These buffer yards shall be included in the minimum yard dimensions required.
(1) 
In the HC-1 and HC-2 Highway Commercial Districts and the I-1 Industrial District, a buffer yard of not less than 20 feet shall be provided. The ten-foot portion of the buffer yard nearest the residential district shall be planted.
(2) 
In the IP Industrial Park District, a buffer yard of not less than 40 feet in width shall be provided, except that in cases where the height of any building situated on the subject lot exceeds 16 feet, the minimum distance between the residence district boundary line and such a building shall be not less than 2 1/2 times the height of the building. The twenty-foot portion of the buffer yard nearest the residence district shall be planted.
(3) 
A sight- and sound-obscuring evergreen planting shall be placed the full length of the boundary.
(4) 
All plantings shall be at least five feet in height when planted and shall reach a height of at least six feet at maturity.
(5) 
All plantings and vegetative ground cover shall be maintained. Any plant material which does not live shall be replaced within one year.
(6) 
Buffer yards shall not be used for parking, loading, storage or structures. All except side buffer yards of interior lots may be crossed by access driveways and utility easements, provided such are not more than 25 feet in width at the point of intersection.
B. 
Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Where the landscaping requirement conflicts with or duplicates the buffer requirements, the buffer requirements shall take precedence. Landscaping shall include coniferous and deciduous trees, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.
(1) 
In the HC-1 and HC-2 Highway Commercial Districts and the W-1 Waterfront District a landscaped area of at least 10 feet in depth from the right-of-way shall be provided and maintained. Along each side and rear property line, a landscaped area at least five feet in width shall be provided and maintained.
(2) 
In the IP and I-1 Industrial Districts along each street line a landscaped area of at least 25 feet in depth from the right-of-way shall be provided and maintained. Along each side property line a landscaped area of at least 10 feet in width shall be provided. Such landscaping area shall extend from the street line along the portion of the lot which is used for any purpose (building, parking or storage). Along each rear property line a landscaped area at least 10 feet in depth shall be established, provided that this requirement may be modified or waived by the Land Use Board where the length and use of the lot, and the nature of adjoining uses, makes this requirement not practicable or not necessary to protect adjoining uses. All portions of the property not utilized by buildings of paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, mounding, existing trees, in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved area. The established grades on any site shall be planned for both aesthetic and drainage purposes.

§ 207-88 Route 130 landscape corridor.

A. 
Purpose:
(1) 
To screen parking, offensive views and reduce noise perception beyond the frontage of individual lots.
(2) 
To create a harmonious visual design element along Route 130 utilizing a combination of plant material, hedges, and man-made structures, such as fences and walls, as necessary to achieve the desired effect.
B. 
Design standards.
(1) 
Improvements required within the Route 130 landscape corridor shall be shown on all site plans fronting Route 130 and High Street. The Route 130 landscape corridor shall extend from the City/Township easternmost boundary to the City/Township westemmost boundary. The landscape corridor along High Street shall extend between the north and south Route 130 travel lanes.
(2) 
The minimum landscape corridor width shall be 25 feet and shall be measured horizontally from the property line along Route 130 and High Street. The design of the corridor shall consider the use and character of the lot. In general, the more intense the use, the more effective the screening quality of the design must be.
(3) 
The Land Use Board may grant a variance from the required minimum corridor width if, based upon exceptional narrowness, topography or other natural features of the land or conditions and circumstances beyond the reasonable control of the applicant or the property owner, strict conformance would severely limit the reasonable use and development of the property. Such variance may be granted only if the finally approved plan satisfies, to the extent possible, the purpose and intent corridor requirement.
(4) 
No buildings, structures, storage of materials, parking areas, roads, or drive aisles shall be permitted within the landscape corridor. The corridor area shall be maintained and kept free of all debris, rubbish, weeds and tall grass. Access driveways shall be permitted.
(5) 
Landscape material shall be appropriate for the local region and tolerant of site-specific conditions. A variety of deciduous and evergreen plant material shall be utilized. The material selected must feature varying, color, texture and habit.
(6) 
The planting arrangement of material utilized shall avoid linear, monocultural placement. Plant material shall feature complementary combinations of various species, massed in mulched planting beds.
(7) 
Planting details (general).
(a) 
All landscape material shall be typical of their species. Quality and size of plants, spread of roots and size of balls shall be in accordance with ANSI Z60.I (current edition) American Standard for Nursery Stock, as published by the American Association of Nurseryman (AAN).
(b) 
All shade trees shall have a minimum caliper of 2.5 inches based on AAN standards.
(c) 
All coniferous trees shall be a minimum height of six feet at time of planting.
(d) 
All ornamental trees shall be a minimum height of eight feet at time of planting.
(e) 
All shrubs shall have a minimum height of 2.5 feet at time of planting.
(f) 
All trees to be installed shall be balled and burlapped in accordance with AAN standards.
(g) 
All trees and landscape beds shall be mulched to a depth of three inches.
(h) 
Branching height of deciduous trees shall bear a relationship to the size and species of the tree but shall have a minimum clearance height of seven feet above grade before branching begins.
(8) 
The landscape corridor shall require an intensive landscape treatment. A linear row of trees on the street edge is recommended to be continuous along the property and the Route 130 corridor. The plant quantities constituting the landscape corridor shall include:
(a) 
Shrubs averaging 25 per 100 linear feet of frontage.
(b) 
Ornamental trees averaging two per 100 linear feet of frontage.
(c) 
Evergreen trees averaging three per 100 linear feet of frontage.
(d) 
As stated above, street trees shall be proposed continuously along the Route 130 corridor property frontage.
(9) 
Plant material utilized adjacent to vehicular and pedestrian access shall be selected and arranged to provide a clear site triangle. The property owner is responsible for the maintenance of the landscaping near the sight triangle and to insure that the sight triangle is not blocked as the landscaping grows.
(10) 
A minimum of one tree for each eight parking spaces is required in all parking lots servicing Route 130 developments. This requirement is in addition to the requirement for street trees within the landscape corridor.

§ 207-89 Nonconforming uses and structures.

Nonconforming uses and buildings are declared to be incompatible with the uses and buildings permitted. It is the intent of this chapter to permit nonconformities to continue until they are removed or ceased but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification, providing there is no difference in the quality of character of the uses, in the degree or intensity of use, and that there is no difference in the effect on the neighborhood which results from the change in use.
A. 
Continuance. Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the plot or in the structure so occupied or used, and any such structure may be restored or repaired in the event of partial destruction thereof, the City retaining, however, all its rights and remedies with respect to nonconforming uses as provided in the Revised Statutes of the State of New Jersey.
(1) 
If active and continuous operations are not carried on with respect to a nonconforming use during a continuous period of six months, or for 18 months during a three-year period, for any reason, except where government action impedes access to the premises and there is an intention to abandon such nonconforming use, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intention to abandon shall be evidenced by occupancy for another use, market for another use, etc.
(2) 
Normal maintenance and repair, structural alteration in, and moving reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to the district regulations as set forth in each zoning district, is permitted if the same does not increase the degree of or create any new nonconformity with such regulations in such building.
B. 
Conditional uses. Any use which is permitted as a conditional use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district.

§ 207-90 Conditional uses.

A. 
General regulations for all districts. The approval of a conditional use is a determination by the reviewing board that a use permitted within a zone, if certain conditions are met, is a permitted use of applicant's property. Approval of the application grants to the applicant the right to utilize his/her property in the fashion set forth within his/her approval and in this connection to receive, upon request, a building permit and certificate of occupancy, provided that other conditions for their issuance, not addressed by this chapter, are met. The reviewing board shall utilize the following standards in its review of applications for approval of conditional uses:
(1) 
That the use will not injure or detract from the use of neighboring property;
(2) 
That the use will not detract from the character of the neighborhood;
(3) 
That the use of property adjacent to the area included in the plan is adequately safeguarded;
(4) 
That the property is suitable for the intended use;
(5) 
That the use will serve the best interests of the City;
(6) 
That the use will not adversely affect public sewers and facilities such as water, sewer, police and fire protection;
(7) 
That the use will not adversely affect the drainage facilities in the adjacent neighborhoods;
(8) 
That the proposed use will serve a community need or convenience;
(9) 
That the project is designed according to a pattern and under conditions which would encourage only the most desirable type of development, recognizing that the architectural quality and character of certain neighborhoods shall serve, protect and enhance the best interest of health, safety and general welfare of the City;
(10) 
That the proposed use shall exert no detrimental effect upon surrounding areas because of poor arrangement, parking and moving of vehicles, impairment of light or circulation of air and destruction of neighborhood character;
(11) 
That the proposed use shall constitute no hazard to the general health or safety nor impairment of the extent or operation of municipal service.
B. 
OS-1 District, Burlington Island. In addition to meeting the general conditions described above, the following conditions must be specifically met for uses on Burlington Island:
(1) 
That the use of the property will adequately protect the water supply and water quality resources;
(2) 
That the use of the property will conform to and be consistent with the New Jersey Department of Environmental Protection's Coastal Zone Management Policies, N.J.A.C. 7:7E-1.1 et seq.
(3) 
That the use of the property will take into account and preserve the unique natural character of the island to the maximum extent feasible;
(4) 
That the use of the property will develop in conjunction with recreational facilities available for public use.
C. 
Child and family day-care centers. Child and family day-care centers may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
The use will not adversely affect the safe flow of traffic; that adequate roadway accesses are provided to protect roadways from undue congestion and hazards; that the circulation pattern is such as to protect the persons using the facility.
(2) 
Additional parking may be required by the Land Use Board if analysis of the proposed type of operation and number of employees and visitors involved indicates the need.
(3) 
Separate vehicle stacking areas for dropoff and pickup shall be required.
(4) 
Outdoor recreation areas located near hazardous areas, as determined by the Land Use Board, shall be required to be fenced or otherwise protected, and all outdoor recreation areas may be required to be fenced.
(5) 
The number of occupants or students attending the center shall be determined in accordance with the criteria of the Division of Human Services based on the amount and type of facilities available for use.
(6) 
The standards specified in this section are likewise met.
(7) 
A landscape buffer shall be provided when a parking area abuts a residential property. The buffer yard shall be not less than 20 feet in width, and the ten-foot portion of the buffer yard nearest the residential use shall be planted with sight and sound-obscuring evergreen plantings.
(8) 
All centers shall be licensed by the Department of Human Services, Division of Youth and Family Services, Bureau of Licensing pursuant to N.J.S.A. 18A:70.[1]
[1]
Editor's Note: N.J.S.A. 18A:70-1 to 18A:70-9 were repealed by L. 1983, c. 492, § 17.
D. 
Automobile and boat filling and service stations. Automobile and boat filling stations and service stations may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
In addition to the information required on the site plan, the plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps and dispensers to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
(2) 
Any repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles, supplies, trash or waste materials shall be stored outside of any enclosed building or storage area.
(3) 
A maximum of two motor vehicles per repair bay awaiting service or repair may be maintained outside of a closed roof building for a period of time not to exceed 48 hours. Additional out-of-doors storage of vehicles for repair shall be in an area surrounded by a six-foot-high sight-obscuring fence maintained in good condition. A six-foot-high planted evergreen screen may be substituted for the fence. Fencing shall not be extended beyond the front of the principal building on the site.
(4) 
An outdoor display of the accessory goods for sale may be erected on the pump or dispenser island and on the building island only. The outdoor display of such items shall be within a suitable metal rack or stand expressly for that purpose.
(5) 
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(6) 
Not more than two vending machines, whether or not coin-operated, shall be located outside the principal building, and any such machines shall be subject to the yard requirements of the zone in which they are located.
(7) 
The design of any building in connection with such facilities shall conform to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located. Adequate and attractive fences, buffers and other safety and aesthetic devices will be provided. Sufficient landscaping, including shrubs, trees and lawns, are provided and will be periodically maintained. Adequate off-street parking will be provided, and all of the area, yard and building coverage requirements of the respective zone will be met.
(8) 
All fuel pumps will be located at least 25 feet from any street or property line.
(9) 
No service or filling station shall be situated on a lot within a distance of 200 feet from the nearest point of any lot upon which is located a school, church, hospital, sanitarium, funeral home, theater, public library, fire house or any place of public assembly, nor within 400 feet from the nearest point of any lot upon which is situated an existing motor vehicle service or filling station.
(10) 
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fence to a height of not less than six feet. The area of such enclosure shall not exceed 120 square feet.
(11) 
No automobile or boat service or filling station shall display for sale, rental or storage any motor vehicle or utility trailer or van or truck.
(12) 
No vehicle entrance to or exit from any service or filling station shall be located within 50 feet of any residential district boundary line. All driveways, entrance or exit, to or from any filling station or public garage shall have unobstructed width of 25 feet.
(13) 
All facilities used in connection with said business shall be located entirely upon private property, and no facilities shall be installed for the servicing of any cars while said cars are located on the right-of-way or a public street.
(14) 
The design of the site shall be such that four vehicles per pump can be accommodated on site while awaiting entry to the facility.
E. 
Major automobile service and repair shops and public garages. Major automobile service and repair shops and public garages may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
The design of any building in connection with such facilities conforms to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located.
(2) 
The entire area of the site for the travel or parking of motor vehicles will be hard-surfaced.
(3) 
Any repair of motor vehicles will be performed in a fully enclosed building. No motor vehicle will be offered for sale on the site, and no motor vehicle parts or partially dismantled motor vehicles, supplies, trash or waste materials shall be stored outside of any enclosed area.
(4) 
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet.
(5) 
Adequate and attractive fences and other safety devices will be provided.
(6) 
Sufficient landscaping, including shrubs, trees and lawn are provided and will be periodically maintained.
(7) 
Adequate off-street parking will be provided.
(8) 
All of the area, yard and building coverage requirements of the restrictive zone will be met.
(9) 
No motor vehicles shall be parked on the premises and remain standing thereon for more than 14 consecutive days. For purposes of this section, the term "motor vehicle" shall include partially dismantled motor vehicles or any group of motor vehicle parts as well as motor vehicles in apparently operable condition. Noncompliance with the provisions of this section shall be just cause for the revocation of the permit required by this section and of the certificate of occupancy.
(10) 
No service or repair shop or public garage shall be situated on a lot within a distance of 200 feet from the nearest point of any lot upon which is located a school, church, hospital, sanitarium, funeral home, theater, public library, fire house or any place of public assembly.
(11) 
No vehicular entrance to or exit from any body shop or public garage shall be located within 50 feet of any residential district boundary line. All driveways, entrance or exit, to or from any body shop or public garage shall have unobstructed width of 25 feet.
(12) 
All facilities used in connection with said business shall be located entirely upon private property, and no facilities shall be installed for the servicing of any cars while said cars are located on the right-of-way or a public street.
(13) 
No public garages or service or repair shops shall have any openings in the side or rear walls or roof within 10 feet of any lot line.
(14) 
All major automobile repair work shall be done inside the buildings. Two vehicles per repair bay may be stored out of doors in an unfenced area; however, additional out-of-doors storage of vehicles for repair shall be in an area surrounded by a six-foot-high sight-obscuring fence maintained in good condition. A six-foot-high planted evergreen screen may be substituted for the fence. Fencing shall not extend beyond the front of the principal building on the site.
F. 
Car care and wash centers. Car care and wash centers may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
That the site plan indicates the complete system for the handling of water and other wastes and that the same meet the standards and specifications of the City and higher levels of government. That the entire area of the site to be travelled by motor vehicles will be hard-surfaced.
(2) 
That the design of the use will be such that a minimum of 10 cars may be held on the site while awaiting entry to the facility and four cars may be held on the site while awaiting exit from the facility.
(3) 
That no vehicles shall be permitted to be standing or parked on the premises other than those used by employees and the direct or indirect operation of the establishment and those used by awaiting the service offered by the establishment.
(4) 
Not more than two vending machines, whether or not coin-operated, shall be located outside the principal building and any such machines shall be subject to yard requirements of the zone in which they are located.
(5) 
Any outdoor storage of waste material or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet.
(6) 
No waste material whatsoever shall be discharged into any watercourse except in accordance with existing state and local requirements and regulations. All water runoff shall be contained on the site.
G. 
New or used automobile and boat dealerships. New or used car and boat dealerships may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
Automobiles and boats for sale may be displayed out of doors within areas which meet all of the general requirements, including setback from property lines for parking areas.
(2) 
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection, and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 110 square feet and shall not be closer than 25 feet to another lot which is within a residential zone or a street line which is across the street from a residential zone.
(3) 
The entire area of the site for the travel or parking of automobiles and boats will be covered by an all-weather, hard surface.
(4) 
Repair of vehicles and boats will be performed in a fully enclosed building and no parts or partially dismantled or inoperative vehicles, boats or motors will be stored outside of an enclosed building.
(5) 
Automobiles and boats displayed on the lot and for sale shall be governed by the requirements of § 207-84.1.
(6) 
Automobile and boat dealerships shall have indoor display areas for a minimum of three automobiles or boats.
H. 
Sexually oriented businesses. Sexually oriented businesses may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
No building, premises, structure or other facility that contains any sexually oriented business shall contain any other kind of sexually oriented business. No building, premises, structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any sexually oriented business.
(2) 
No sexually oriented business shall be situated on a lot within a distance of 1,000 feet from the nearest point of any lot upon which is situated: 1) a church or place of religious worship; 2) a public or private elementary or secondary school; 3) a child-care facility; 4) a public park; 5) another sexually oriented business; 6) a residential district or residential lot.
(3) 
No signs shall be erected which include pictorial displays of nudity or erotic material or contain words or language offensive to community standards.
(4) 
No sexually oriented products or erotic materials available for sale shall be visible from the exterior of the building.
(5) 
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(6) 
The design of any building shall conform to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located. Adequate and attractive fences, buffers and other safety and aesthetic devices will be provided. Sufficient landscaping, including shrubs, trees and lawns, shall be provided and maintained. Adequate off-street parking will be provided, and all of the areas, yard and building coverage requirements of the respective zone shall be met.
(7) 
Sexually oriented businesses shall be situated on the site in a manner that ingress and egress, signage and building entrances are directed toward the highway (Route 130) frontage of the property.
I. 
Church, temple or other place of worship, parish house, Sunday school, rectory, parsonage or convent. A church, temple or other place of worship, parish house, Sunday school, rectory, parsonage or convent may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
Site plan. A site plan is required to be filed by the applicant with any conditional use application for a church, temple or other place of worship, parish house, Sunday school, rectory, parsonage or convent. The following shall be included in the site plan:
(a) 
Area, yard, bulk and setback minimum requirements:
[1] 
Front, side and rear yard setbacks for buildings shall meet the following requirements:
[a] 
Front yard setback: 35 feet.
[b] 
Side yard setback: 25 feet.
[c] 
Rear yard setback: 40 feet.
[2] 
Setback for any parking area shall be 10 feet; however, no parking shall be allowed between any street bordering the lot and the building line or lines.
[3] 
Minimum lot area: 30,000 square feet.
[4] 
Minimum lot width: 150 feet.
[5] 
Minimum lot depth: 200 feet.
[6] 
No building shall exceed 35 feet in height.
(b) 
Buffers.
[1] 
Minimum landscape buffer from any side or rear property line shall be 10 feet. A sight and sound evergreen planting shall be placed the full length of the property line. All planting shall be a minimum of six feet in height at the time of planting.
[2] 
Buffers shall not be used for parking, loading, storage or structures.
[3] 
The buffer yard may be crossed by access driveways and utility easements provided such are not more than 25 feet wide at the point of intersection.
(c) 
Parking. One space for every three seats in the main assembly unit shall be provided.
(d) 
Lot coverage. Not more than 35% of the area of any lot may be occupied by buildings, and not more than 70% of any lot may be occupied by buildings, paving or other impervious surfaces. Maximum site coverage by all impervious surfaces is 67%.
(e) 
Miscellaneous requirements.
[1] 
All on-site parking requirements shall be provided for and occur behind or to the side of all buildings. No parking shall be allowed between any street bordering the lot and the building line or lines.
[2] 
All on-site parking shall be separated from adjoining lots by at least a ten-foot-wide landscaped area along all property lines which abut lots which are totally or partially located within the R-1, R-2 and R-3 Zones. This buffer area shall be provided with a permanent landscape screen of evergreen trees and shrubs, deciduous screening materials and deciduous trees. Fencing may also be used for this screen with a maximum height of six feet. Landscape plans shall include a minimum of 60% evergreen material. The minimum height of material at the time of planting shall be three feet for shrubs and six feet for evergreen trees, and deciduous trees shall have a caliper of at least 2 1/2 inches measured four feet above the ground.
[3] 
Side yard parking must not be closer to the front property line than the front wall of the existing or proposed primary structure. Such parking must be screened from the street using walls, fence, permanent evergreen landscaping or a combination thereof.
[4] 
Except when adjoining property owners cooperate by providing interconnected parking lots, all parking areas shall be 10 feet from property lines other than those referred to in Subsection I(1)(e)[2] above. The ten-foot area shall be landscaped to provide visual relief across adjoining parking areas but is not designed to provide total screening as is required against residential properties.
[5] 
At least one four-inch caliper shade tree shall be provided for every eight parking spaces or part thereof and shall be so located as to provide shade for those parking spaces. Existing trees four inches or greater in caliper may be substituted for required trees.
J. 
Age restricted/disabled and affordable accessory apartments. Age restricted/disabled and affordable accessory apartments may be authorized by the Land Use Board as a conditional use as shown on Attachments 3, 4, and 5 and provided the following standards are met:
(1) 
The owner of the single-family residence shall reside on the premises.
(2) 
The accessory apartment is credited toward the City's housing obligation and is marketed, monitored, controlled and restricted under City Code Chapter 70, Affordable Housing, and the New Jersey Council on Affordable Housing (or its equivalent) regulations.

§ 207-91 Administration.

A. 
Zoning Officer. The duty of administering and enforcing the provisions of this chapter is conferred upon the Construction Official or Zoning Officer, who shall have such powers as are conferred upon him/her by this revision and as reasonably may be implied.
B. 
Building permits. All new construction shall require a building permit. The issuance of the building permit shall be in compliance with the Uniform Construction Code, N.J.A.C. 5:23.
C. 
Fees. The fees for building permits shall be in accordance with the schedule set forth in the Uniform Construction Code.

§ 207-92 Certificate of occupancy.

A. 
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the building or the location of the land complies with all provisions of this chapter or any other ordinance of the City.
B. 
No change or extension of use and no alteration of use of land or buildings shall be made in a nonconforming use of premises without a certificate of occupancy having first been issued by the Construction Official that such change, extension or alteration is in conformity with the provisions of this chapter or any other ordinance.