A.
In all zoning districts, any structure or use, allowed
as a customary and incidental use or structure in connection with
a permitted use on the same lot, shall be set back from the rear and
side yard property lines as provided in the Schedule of District Regulations
for the zoning district in which they are located. If the height of
the proposed accessory use or structure, exceeds a set back distance
as stipulated in the Schedule of District Regulations for the zoning
district in which it is to be located, then the setback from the side
and rear yards shall be no less than 10 feet or the height of the
structure, whichever is greater. Unless specifically permitted by
the Land Use Board in site plan review, no accessory structure shall
be located in front of the front yard building setback line.
B.
The accessory use shall be used in computation of
building and total lot coverage if deemed to have created an impervious
cover to the ground whereon it is located. For example, a garden shed
set on cement blocks shall not be deemed to have made the ground beneath
impervious.
The owner of any dwelling constructed prior
to January 1, 1978, having three or more bedrooms and which dwelling
is in conformance with the regulations of the district in which it
is located, may convert such dwelling into two or more one-family
dwelling units, but only upon compliance with the following terms
and conditions:
A.
There shall be no more than one dwelling unit resulting
from conversion for every one acre of land contained in the involved
lot within any designated center, and no more than one dwelling unit
resulting from conversion for every 1 1/2 acres of land contained
in the lot involved outside designated centers. Within a designated
center, the number of units resulting from a conversion may be increased
to one dwelling unit for each quarter acre of land contained in the
involved lot if public sanitary sewer is available to the property
involved.
B.
Each dwelling unit resulting from a conversion shall
contain at least two rooms in addition to a bathroom and kitchen and
shall encompass a minimum of 600 square feet of habitable floor area.
C.
Each room resulting from such conversion shall have
safe, adequate and convenient means of access and egress which complies
with the requirements of the Hotel and Multiple Dwelling Law, N.J.S.A.
55:13A-1 et seq. Also, in compliance with said Hotel and Multiple
Dwelling Act, each unit resulting from such conversion shall be of
reasonable size for the use intended and shall have adequate light
and air from the outside.
D.
The ground floor area of the original dwelling shall
not be enlarged nor the number of stories increased in connection
with any dwelling unit conversion. The provision of stairways in connection
with access and firesafety regulations shall not be considered an
enlargement of the ground floor area for purposes of this subsection.
E.
There shall be no external entrance that faces a street
and that is separate from any other external entrance to any dwelling
in the same structure on the same lot facing the same street, but
this restriction shall not apply to two or more entrances in existence
on the date of this chapter's enactment. In addition, the present
existing exterior architectural design of the original dwelling shall
be maintained to the greatest extent possible to preserve the single-family
dwelling character of the neighborhood.
F.
Each dwelling unit resulting from such conversion shall have provided sufficient off-street parking in accordance with § 120-112.
G.
Each dwelling unit shall conform to all applicable
codes.
[Amended 11-2-2005 by Ord. No. 2005-10]
A.
In any zoning district, fences, walls and hedges, except retaining walls, may be located within yard areas so long as they do not encroach on public rights-of-way or neighboring properties, provided that any fence, wall or hedge along the front and side edges of any front yard shall not exceed a height of 2.5 feet or four feet where the fence, wall or hedge is more than 25% opaque or be in conflict with the provisions of § 120-94, Visual obstruction. The front and side edges of the front yard shall be defined as being located one foot parallel from the front yard lines. For purposes of this section, a "hedge" shall be defined as any clustering or configuration of plant material in such a manner as to permanently or temporarily prohibit or inhibit unrestricted travel between properties or portions of properties or between the street or public rights-of way and a property. No fence, wall, fence-like or wall-like structure shall be erected without first obtaining a permit from the Zoning Officer. Fences and walls may also require a construction permit. All retaining walls shall require both a zoning and construction permit.
B.
The Land Use Board may modify the above noted requirements
upon requests wherein it is deemed reasonable and appropriate to require
the installation of a buffer between two properties in order to shield
a residential use from a nonresidential use on an adjoining property
or from some other objectionable condition such as a heavily traveled
thoroughfare, or to provide privacy to side or rear yard residential
property.
C.
At the intersection of two or more streets or driveways
and a street or driveways in any zoning district, no fences, walls
or hedges, other than a signal post or tree, which is higher than
three feet above curb level, nor any obstruction to vision, shall
be permitted in the triangular area formed by the intersecting street
lines and a line joining each 30 feet distant from said intersection
along said street lines.
D.
Every fence or wall shall be maintained in a safe, structurally sound, upright condition and in accordance with the approved plan on file with the Construction Official or Zoning Officer. If the Zoning Officer or Construction Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, structurally sound, upright condition, said Officer or Official shall notify the owner or said fence in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of fence or wall repaired or removed in accordance with the provisions of § 120-152 herein.
E.
In any zone, fences or walls hereafter erected shall
be set back a minimum of one foot from the property line, and stringer
or cross pieces shall face inward.
F.
Except for permitted farm uses, the following fences
and fencing materials are specifically prohibited: barbed wire fences,
razor-wire fences, sharp pointed fences, canvas, cloth, and electrically
charged fences.
G.
No fence or wall hereafter erected, altered or reconstructed
in any residential zoning district or any commercial zoning district
shall exceed seven feet in height. Fences in all other zones shall
not exceed a height of 10 feet.
H.
The foregoing restrictions shall not be applied so
as to prevent the erection of an open wire or chain link fence exceeding
15 feet in height above ground level anywhere within a public park,
public playground or public school properties. These restrictions
shall also not be applied so as to restrict the erection of a wall
for the purpose of retaining earth.
A.
Purpose. The specific purpose and intent of this section is to prevent excessive and unsafe development in areas deemed unfit by reason of flood danger, unsanitary conditions and related hazards; to minimize danger to public health by protecting water supplies, groundwater recharge and natural drainage systems; and to promote the health, safety and welfare of the residents of Deerfield Township who live or own property in or near streams and areas subject to flooding. (See also Chapter 97 of the Code of the Township of Deerfield.)
B.
Floodplain delineation. The areas of special flood
hazard identified by the Federal Insurance Administration on its Flood
Insurance Rate Map (FIRM), are hereby adopted by reference and declared
to be a part of this chapter. The FIRM is on file in the Construction
Official's Office, Municipal Building, 350 Landis Avenue, Rosenhayn,
New Jersey 08352.
C.
Floodplain management. The standards and regulations
set forth herein shall apply to all areas defined as floodplains,
flood ways or flood hazard areas as defined by this chapter.
(1)
Permitted uses:
(a)
Within the floodway of any floodplain area,
the following uses, excluding structures, and no other shall be permitted:
[1]
Pasture and grazing land.
[2]
Recreational areas not requiring regrading or
removal of trees, shrubs or ground cover, such as a park, picnic grove
or boating club, but excluding closed structures or storage areas.
[3]
Game farm or fish hatchery.
[4]
Hunting and fishing preserve.
[5]
Wildlife sanctuary, woodland preserve or arboretum.
[6]
Open spaces needed to meet yard and area requirements
for any permitted use in the zoning district which said use is located.
(b)
Within the remaining portions of floodplain areas, all uses listed in listed in Subsection C(1)(a) above, together with those uses permitted and regulated by this chapter for the zoning district in which the area is located as said zoning districts are set forth and delineated on the Zoning Map of Deerfield Township, shall be permitted, provided that:
[1]
The minimum lot area shall be two acres.
[2]
The maximum lot coverage shall be 5%.
[3]
Any structure proposed to be erected, constructed
or located shall not have a basement.
[4]
First floor elevations of any structure or structures
shall have their lowest floor elevation at or above the one-hundred-year
flood elevation based on the FIRM map or an engineering study of the
one-hundred-year floodway of any adjoining stream, whichever is greater.
[6]
Any new construction or substantial improvements
shall be provided for with:
[a]
Protection against flood damage.
[b]
Is designed (or modified) and anchored
to prevent flotation, collapse or lateral movement of the structure.
[c]
Uses construction materials and
utility equipment that are resistant to flood damage.
[d]
Uses construction methods and practices
that will minimize flood damage.
[7]
New or replacement water supply systems and/or
sanitary sewer systems are to be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the
systems into floodwaters, and on-site waste disposal systems are to
be located so as to avoid impairment to them or contamination from
them during flooding conditions.
[8]
No vegetation removal or regrading of the site
shall be carried out unless expressly permitted by the Deerfield Township
Land Use Board after site plan review and a determination by said
Board that any land disturbance activity is the minimum required to
accomplish the use to be permitted.
(c)
Where less than 20% of an existing lot is located
within a floodplain area, the uses as permitted and regulated by this
chapter for the zone district in which the area is located shall apply,
provided that no structures are placed within the floodplain area.
In the case of lots split by the floodplain area designation, all
construction and accompanying land disturbance activities shall take
place outside the floodplain area, and all minimum yard dimensions
and maximum lot coverage of the entire tract or lot shall be observed,
unless construction within or land disturbance of the floodplain is
permitted in accordance with the provisions of this section.
(d)
No nonconforming uses created as a result of
the enactment of these regulations shall be expanded or rebuilt or
reestablished in the event of their destruction or abandonment, except
as provided in this section.
(2)
Municipal liability. The granting of a zoning permit
in the floodplain area shall not constitute a representation, guaranty
or warranty of any kind by the Township of Deerfield or by any official
or employee thereof of the practicability and safety or floodplain
status of the proposed use or structure, nor shall the granting of
a permit create any liability upon the Township of Deerfield, its
officials or employees.
A.
Purpose. It is intent and purpose of this section
to recognize that woodlands are an important ecological, scenic and
economic resource worthy of protection and stewardship. Proper management
of this resource will insure its maintenance for all forest benefits
including but not limited to watershed protection, wildlife habitat,
recreational opportunities, the natural aesthetic appearance of the
community, and the economic returns of harvested timber. For these
reasons, the woodlands must be preserved, protected, enhanced and
maintained. The forestry regulations set forth hereinbelow is intended
to meet these objectives by providing opportunities for the continuing
use of the Township's forest resources which are compatible with the
maintenance of the environment. This can be accomplished by the improvement
of the forests through the application of sound management practices.
B.
Permit required. No forestry shall be carried out
by any person unless a permit for such activity has been issued by
the Township Zoning Officer. Notwithstanding this requirement, no
such permit shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(2)
Tree harvesting, provided that no more than one cord
of wood per five acres of land is harvested in any one year and that
no more than five cords of wood are harvested form the entire parcel
in any one year.
(3)
Tree planting, provided that the area to be planted
does not exceed five acres in any one year and no soil disturbance
occurs other than that caused by the planting activity;
(4)
Forest stand improvement designed to selectively thin
trees and brush, provided that no clearing or soil disturbance occurs
and that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year;
(5)
Prescribed burning and the clearing and maintaining
of fire breaks; and
(6)
Removal of any dead, diseased or other tree that is
likely to endanger life or property.
C.
Forestry application requirements: The information
required as set forth below shall be submitted to the Township Zoning
Officer prior to the issuance of any forestry permit:
(1)
For forestry activities on a parcel of land enrolled
in the New Jersey Forest Stewardship Program, a copy of the approved
New Jersey Forest Stewardship Plan. This document will shall serve
as evidence that the activities are consistent with the Township's
forestry regulations as contained herein.
(2)
For forestry activities on a parcel of land approved
for woodland assessment that is not enrolled in the New Jersey Forest
Stewardship Program:
(a)
A copy of the woodland management plan, the
scaled map of the parcel and a completed woodland data form, prepared
pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7
through 18:15-2.15.
(b)
If not already contained in the woodland management plan required in Subsection C(1) above, the following shall be submitted:
[1]
The applicant's name, address and interest in
the subject parcel;
[2]
The owner's name and address, if different from
the applicant's, and the owner's signed consent to the filing of the
application;
[3]
The block and lot designation and street address,
if any, of the subject parcel;
[4]
A brief written statement generally describing
the proposed forestry activities; and
[5]
The relevant portion of a USGS quadrangle map,
or copy thereof, and a copy of the relevant portion of the municipal
Tax Map sheet on which the boundaries of the subject parcel and the
municipal zoning designation are shown.
(d)
A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§ 120-77A and 120-93A of this chapter;
(e)
Unless the Land Use Board determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 120-78 of this chapter.
(f)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(7) below;
(g)
A statement identifying the specific steps to
be taken to ensure that trees or areas to be harvested are properly
identified so as to ensure that only those trees intended for harvesting
are harvested;
(h)
A letter from the New Jersey State Forester
indicating that the proposed forestry activities adhere to the silvicultural
practices contained in the Society of American Foresters Forestry
Handbook, Second Edition, pages 413 through 455;
(i)
A letter from the New Jersey State Forester commenting on extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection and Energy. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Subsection D(8) and (9) below.
(3)
For forestry activities on a parcel of land that has
not been approved for woodland assessment and is not enrolled in the
New Jersey Forest Stewardship Program:
(b)
A forestry activities plan which includes, as
appropriate:
[1]
A cover page for the forestry activity plan
containing:
[a]
The name, mailing address and telephone
number of the owner of the subject parcel;
[b]
The municipality and county in
which the subject parcel is located;
[c]
The block and lot designation and
street address, if any, of the subject parcel;
[d]
The name and address of the forester
who prepared the plan, if not prepared by the owner of the subject
parcel; and
[e]
The date the plan was prepared
and the period of time the plan is intended to cover.
[2]
A clear and concise statement of the owner's
objectives for undertaking the proposed forestry activities, silvicultural
prescriptions and management practices;
[3]
A description of each forest stand in which
a proposed activity, prescription or practice will occur. These stand
descriptions shall be keyed to an activity map and shall include,
as appropriate, the following information:
[a]
The number of acres;
[b]
The species composition, including
over story and under story;
[c]
The general condition and quality;
[d]
The structure, including age classes,
diameter breast height (DBH) classes and crown classes;
[e]
The overall site quality;
[f]
The condition and species composition
of advanced regeneration when applicable; and
[g]
The stocking levels, growth rates.
[4]
A description of the forest activities, silvilcultural
prescriptions, management activities and practices proposed during
the permit period. This may include, but are not necessarily limited
to, a description of:
[6]
A property map of the entire parcel which includes
the following:
[a]
The owner's name, address and the
date the map was prepared;
[b]
An arrow designating the North
direction;
[c]
A scale which is not smaller than
one inch equals 2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features
such as roads, streams and structures;
[f]
The identification of soil types
(a separate map may be used for this purpose);
[g]
A map inset showing the location
of the parcel in relation to the local area;
[h]
Clear location of the area and
acreage in which each proposed activity, prescription or practice
will occur. If shown on other than the property map, the map or maps
shall not the scale, which shall not be smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet, and shall be appropriately
keyed to the property map; and
[i]
A legend defining the symbols appearing
on the map.
D.
Forestry standards. Forestry operations shall be approved
if the standards set forth below will be met:
(1)
All silvilcultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection C(2)(h) above shall serve as evidence that this standard is met;
(2)
Any newly developed access to lands proposed for harvesting
shall avoid wetland areas except as absolutely necessary to harvest
wetlands species or to otherwise gain access to a harvesting site.
(3)
All silvicultural and reforestation practices shall
serve to maintain native forests, except in those areas where non-native
species area proposed to be harvested;
(5)
All forestry activities and practices shall be designed
and carried out so as to comply with the standards for the land application
of waste set forth in N.J.A.C. 7:50-6.79;
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic and archaeological and cultural resources as set forth in § 120-78;
(7)
Herbicide treatments shall be permitted, provided
that:
(a)
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection C(2)(f) above;
(b)
Control of competitive plant species is clearly
necessary;
(c)
Control of competitive plant species by other,
nonchemical means is not feasible; and
(d)
All chemicals shall be expressly labeled for
forestry use and shall be used in a manner that is consistent with
relevant state and federal regulations;
(8)
A vegetated stream side management zone shall be maintained
or established adjacent to streams, ponds, lakes and marshes, except
that no stream side management zone shall be required when Atlantic
White Cedar is proposed to be harvested or reestablished. The stream
side management zone shall be at least 25 feet in width. Where soils
are severely erodible, slopes exceed 10% or stream side vegetation
is not vigorous, the stream side management zone shall be increased
up to a maximum of 70 feet to buffer the water body from adjacent
forestry activities. Submission of an approved New Jersey Forest Stewardship
Plan or a letter from the State Forester indicating that the proposed
forestry activities are consistent with the New Jersey Forestry and
Wetlands Best Management Practices Manual shall serve as evidence
that this standard is met;
(9)
Stream crossings, access roads, timber harvesting,
skid trails, log decks, portable sawmill sites, site preparation,
and reforestation shall be designed and carried out so as to minimum
changes to surface and ground water hydrology; minimize changes to
temperature and other existing surface water quality conditions; prevent
unnecessary soil erosion, siltation and sedimentation; and minimize
unnecessary disturbances to aquatic and forest habitats. Submission
of an approved New Jersey Forest Stewardship Plan or a letter from
the State Forester indicating that the proposed forestry activities
are consistent with the New Jersey Forestry and Wetlands Best Management
Practices Manual shall serve as evidence that this standard is met;
and
(10)
A copy of the forestry permit issued by the
Township Zoning Officer shall be conspicuously posted on the parcel
which is the site of the forestry activity.
E.
Administration of forestry.
(1)
Applications for forestry permits to the Zoning Officer and shall be accompanied by an application fee and escrow deposit, where applicable, as set forth in § 120-142D(3).
(2)
Within 14 days of receipt of an application, the Zoning
Officer shall determine whether the application is complete and, if
necessary, notify the applicant in writing of any additional information
which is necessary to complete the application. Should the Zoning
Officer fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection E(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in § 120-109C above or disapprove any application which does not meet the requirements of § 120-109C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection E(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in § 120-109C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection E(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(6)
Once issued, forestry permits shall be valid for a
period of 10 years. No single applicant or property owner in any one
calendar year shall be issued:
(a)
More than two permits for ongoing forestry operations
at any one time. Issuance of further permits shall be dependent upon
the Zoning Officer's certification that woodcutting for one or both
of the current permits has been completed in a satisfactory manner
as provided herein and such certification shall not be unreasonably
withheld.
(b)
More than a total of three permits regardless
of the acreage involved in any one or all three permits.
(7)
Anything to the contrary notwithstanding, no more
than 1,000 acres within the Township shall be subject to harvesting
in any given year. During any one calender year only one forestry
permit shall be issued for any one tract or parcel of land regardless
of the said parcel or tract size, ownership or the applicant involved.
The Zoning Officer shall maintain a current tally of the number of
active forestry permits issued.
F.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(3) above, the applicant shall be required to pay an administrative fee as per § 120-142D(2) of this chapter which shall serve as reimbursement for any administrative costs incurred by the Township during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
G.
Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours written notice of the intention to begin harvesting operations.
H.
Woodcutting or clear-cutting of small tracts; filing
of letter of intent.
(1)
Letter of intent.
(a)
Prior to cutting wood on any tract or parcel of land within the Township of less than five acre and which is not subject to a forestry regulations as set forth herein Sections A through G above, the person proposing to cut wood shall file with the Township Zoning Officer a letter of intent to undertake woodcutting as required in Subsection H(2) below, The letter of intent shall be delivered to the office of the Township Zoning Officer or sent by certified mail to said office at least 10 days before commencing said woodcutting operation. No woodcutting shall commence until 10 days after the letter of intent is submitted or sent by certified mail to the Zoning Officer.
(b)
Notwithstanding the provisions herein, the requirement
for filing a letter of intent to undertake woodcutting or clear-cut
any tract or parcel of land as required hereinabove shall not be applicable
to:
[1]
Any tree located on a parcel of land one acre
or less in size on which a residence has been constructed or is being
constructed (building permit issued);
[2]
Any tree located on a parcel of land proposed
for development which has received approval of the Land Use Board
or a zoning permit and which has as part of the process of obtaining
said approval or permit addressed the issue of the removal of trees
from the land proposed for development;
[3]
Any tree growing on property actually being
used as a nursery, garden center, Christmas tree plantation, an orchard
or any other bona fide agricultural or horticultural use or activity;
[4]
Any tree growing on a public right-of-way or
on land being used for a sanitary landfill;
[5]
Any tree to be cut for personal use by the owner;
or
[6]
Any dead, diseased, or other tree that is likely
to endanger life or property provided that said tree cutting does
not involve more than five trees or the clear-cutting or more than
one acre of land.
(2)
The letter of intent required to be filed with the Zoning Officer as noted in Subsection H(1) above, shall include the following:
(a)
The name, current address and telephone number
of the person proposing to undertake the woodcutting.
(b)
The address including Township Tax Map block
and lot numbers for the parcel(s) wherein the proposed woodcutting
is to occur.
(c)
The name and address of the owner of the property identified in Subsection H(2)(b) above where the woodcutting is to take place.
(d)
If the property wherein the woodcutting is to
take place is now owned by the person proposing to cut wood, documentation
from the owner of the property that the person proposing to cut wood
has permission to do so.
(e)
The estimated amount of wood to be cut and a
brief identification of the number, type and size of trees to be cut.
(f)
A schedule for when the woodcutting is to take
place.
(g)
The purpose of the woodcutting, e.g., to clear
land for permitted development, sale of wood, removal of diseased
or damaged trees.
(3)
All woodcutting or clear-cutting of a property shall
conform to the following requirements:
(a)
No woodcutting operation shall involve more
than two separate tracts or parcels of land as shown on the current
Tax Map of the Township.
(b)
During any one calendar year only one woodcutting
operation shall be allowed on any one tract or parcel of land regardless
of the said parcel or tract size, ownership or the person undertaking
the woodcutting unless authorized by the Land Use Board.
(4)
Review.
(a)
Upon receipt of a letter of intent to undertake
woodcutting or clear-cutting of a tract or parcel of land as required
herein, the Zoning Officer shall review said letter to assure that
the proposed woodcutting or clear-cutting activity is in accordance
with the requirements of applicable regulations. If the activity is
in compliance with said requirements, the Zoning Officer shall maintain
a log of the activity for reference and further action if required
as result of violation of the said requirements during the woodcutting
or clear-cutting activity.
(b)
If the review of the letter of intent by the
Zoning Officer is not in compliance with the requirements of applicable
regulations, then the Zoning Officer shall immediately notify the
person filing the letter of intent of said noncompliance and prohibiting
said woodcutting or clear-cutting from commencing. Once woodcutting
or clear-cutting has already commenced, the Zoning Officer shall notify
the person filing the letter of intent of any noncompliance and a
cease work order until said noncompliance is corrected.
For purposes of this section, a home occupation, a home professional occupation, and a commercial home occupation as defined in § 120-5 shall be subject to the following conditions and requirements:
A.
A home-based business or occupation operated by a
resident or residents of the dwelling unit wherein said business is
located shall be permitted in all residential districts within the
Township as an accessory use as set forth in the Schedule of District
Regulations, subject to the issuance of a zoning permit and complying
with the following requirements:
(1)
The home occupation shall employ only residents of
the dwelling and no more than one nonresident in the dwelling wherein
the business is located. There shall be only one home occupation per
residence or dwelling unit.
(2)
The home occupation use shall be clearly incidental and secondary to the use of the dwelling for residential purposes and the exterior appearance of the structure or premises is designed, constructed and maintained as a residential dwelling. No goods shall be displayed on the premises or visible from the street unless the owner of a home occupation obtains a variance from the Land Use Board to have an artisan's display as provided for in § 120-136B of this chapter. Additionally, the home occupation shall be located within a dwelling unit suited to the business or occupation to be undertaken therein and shall be on property capable of supporting parking for its employees and clients or guests in addition to that required for the home itself. The home occupation shall have no more deliveries or visitors than would be expected of a residential dwelling.
(3)
No more than 25% of the principal residential structure,
nor more than 750 square feet of any accessory structure shall be
used or occupied by the home occupation.
(4)
Parking spaces required to be provided in accordance with the provisions of § 120-113 herein this chapter in addition to those required for the residential unit(s) shall not be located in any required front yard areas. Parking requirements shall be based on § 120-113 based on the type of occupation or business activity is being undertaken. In no case shall parking requirements be in excess of three additional parking spaces in addition to those required for a residential use. Where parking spaces required exceed a total of three spaces, then a minor site plan shall be required to be submitted to the Land Use Board to assure that improvements regarding off-street parking, driveways, buffers and screening, sidewalks, lighting as provided for in Article IX shall be provided and that the site is made suitable to permit same.
(5)
Signs as provided for in § 120-115 of this chapter are permissible and subject to the requirements of § 120-115 and in particular § 120-115D(15).
(7)
All applications for home occupations shall be subject
to review by the Construction Official and the issuance of a certificate
of occupancy.
B.
Commercial home occupation.
(1)
It is the intent of this subsection to allow more
intense, commercial type activity as a home occupation within designated
centers of the community, i.e., the Village of Carmel and the Town
of Rosenhayn. The mixing of commercial and residential activity is
intended to recreate and permit within reasonable limits activities
which historically occurred in small villages and towns and which
defined their sense of place.
(2)
The commercial home occupation is different from a
home occupation in that it is intended to permit residents within
the boundaries of the Village of Carmel and the Town of Rosenhayn
as delineated on the adopted Master Plan of the Township and specifically
zoned districts therein, to conduct from their home commercial activities
in a scope, operation and size commensurate with the density of the
Village or Town in which said home is located and to permit a more
intense commercial use of a residential property than otherwise permitted
for a home or home professional occupation. The occupation, artistic
pursuit, craft or commercial home occupation use to be conducted for
gain or support of the resident owner shall be directly related to
serving the needs of the Village of Carmel or the Town of Rosenhayn,
its residents or visitors.
(3)
A commercial home occupation shall be allowed as an
accessory use to a detached, single-family, residential dwelling as
provided in the Schedule of District Regulations subject to the following
conditions:
(a)
The residence wherein the commercial home occupation
is to be located shall be on an arterial or collector street within
a Center Mixed Use Zoning District.
(b)
The resident owner of the dwelling wherein the
commercial home occupation is located must own the commercial home
occupation. As noted herein above, the commercial home occupation
is considered a conditional and accessory to the residential use of
the dwelling and shall cease operation when the owner of the dwelling
moves or sells the residence wherein the commercial home occupation
is located.
(c)
A home commercial occupation shall be carried out as prescribed in Subsection B(1) and be subject to the following conditions and standards:
[1]
The commercial home occupation must be located
within a detached, single-family residential structure.
[2]
The home commercial occupation shall be clearly
incidental and secondary to the primary residential use of the structure
in which it is located. To this end, allowable area to be used or
occupied by the commercial home occupation shall be no more than 35%
of the principal residential structure, or in more than 1,000 square
feet of any accessory structure.
[3]
The exterior appearance of the structure or premises may be modified to allow for the display of goods or the placement of an artisans display as per § 120-136B herein this chapter. No display of goods shall be closer than 10 feet to a street right-of-way line. The use of porches to display goods shall be permissible for commercial home occupations in accordance with the provisions of § 120-136B of this chapter.
[4]
The occupation, artistic pursuit, craft or commercial
activity is to be intended to serve needs of the Village of Carmel
and the Town of Rosenhayn and their environs as defined by the center
zoning district boundaries and the adopted Township Master Plan, and
visitors drawn to them by familial, cultural, ecological, recreational
or historical resources or events therein. For purposes of this subsection,
"commercial activity" shall be limited to products or services related
to the Village or Town residents' or visitors' needs and merchandise
related to or indicative of the Village's or Town's culture, ecology,
history, and recreational resources, or similar products; and general
services like hairstyling, professional services, business or financial
services and similar service activities including those catering to
tourists or visitors.
[5]
A commercial home occupation shall operate at
times as allowed by the Land Use Board to be determined at the time
of site plan review.
[6]
A commercial home occupation shall provide sufficient parking as determined by the standards in § 120-81 herein either on- or off-site. In computing required parking spaces to be provided within the Village of Carmel or Town of Rosenhayn, the Land Use Board may consider existing on street parking available to grant a waiver form some or all parking as provided in § 120-81A of this chapter. Additionally, a commercial home occupation which provides on-site parking shall provide pedestrian accessways for the use of its customers and patrons.
[7]
Site plan review and approval shall be required for any commercial home occupation as set forth in § 120-42 of this chapter. In reviewing the site plan, the Land Use Board shall require sufficient buffers or limitations on hours of operations to avoid unnecessary or unreasonable detrimental effects on adjoining residential properties from the more intense commercial style activities herein allowed. In meeting this criteria, the Land Use Board shall be guided in determining the degree of buffer or limitation on whether or not the adjoining residential use also includes a home, home professional or commercial home occupation.
(4)
Any activity not conforming to the provisions contained
herein this section shall be deemed to be a commercial or business
use and treated accordingly as set forth in this chapter for such
commercial or business use. In the event that any home occupation,
home professional occupation or home commercial occupation exceeds
the limits and restrictions of this section as reasonably determined
by the Land Use Board, then it shall be deemed a commercial or business
activity subject to compliance with this chapter including the obtaining
of a variance for said activity.
[Amended 4-20-2011 by Ord. No. 2011-4]
The keeping of animals and/or livestock and the use and operation
of kennels and/or animal hospitals shall be in accordance with the
following conditions:
A.
Any and all types of agriculture and animal husbandry are permitted
in all zones, provided they are not detrimental to the environment
or public health and welfare. The conduct of such activities shall
not be such as to cause erosion or other soil damage, to impair the
quality of ground or surface water or air quality. Neither shall such
activities result in odors beyond the property lines of the parcel
on which they are conducted. In all zones other than an A-Agriculture
Zone, the following shall apply:
(1)
Livestock. No livestock shall be maintained on any lot of less than
acre in area. Not more than one head of livestock shall be maintained
on any lot of at least one acre but not larger than two acres. For
each two acres of lot area in excess of two acres, one additional
head of livestock may be maintained up to a lot size of 20 acres,
after which no limitations shall apply, provided that regardless of
lot size, the following regulations shall be adhered to:
(a)
No building to house or shelter livestock shall be closer than
50 feet to any property line. No building to house or shelter more
than one head of livestock shall be closer to any property line than
100 feet.
(b)
No part of any building shall be used for the processing and/or
slaughtering of livestock for commercial purposes.
(2)
Fowl. No chickens or other fowl shall be maintained on any lot having
an area of less than one acre. Up to 10 fowl may be maintained on
any lot having an area of at least one acre but no more than two acres.
Ten additional fowl may be maintained for each acre in excess of two
acres up to a lot size of five acres, after which no limitations shall
apply, provided that regardless of lot size, the following regulations
shall be met:
B.
The keeping of common household pets such as dogs, cats, pet birds
such as parakeets, parrots, songbirds or exotic birds, guinea pigs,
ferrets, or other animals kept as pets and reasonably expected to
be sold in a shopping-center-type pet store shall be permitted in
all zoning districts, provided that the breeding and sale of such
animals may be determined a commercial use by the Zoning Officer based
upon the number of animals involved within a reasonable time period
and the use of the property and structures thereon for such activity.
When so determined a commercial activity, the property owner shall
be subject to the requirements of this chapter for such commercial
activity, including site plan review.
C.
All fencing in connection with the enclosure of animals shall be
installed no less than 10 feet from all adjacent property lines and
at least 50 feet from the nearest dwelling, excluding the dwelling
of animals' owner(s).
D.
The above-reference limitations on various animals shall not be applicable
to the A-Agriculture Zoning District or any bona fide farm as defined
in this chapter, except that the keeping, breeding, or sale of all
fox, mink, or animals bred for their fur, including rabbits (except
in the case of one or two being kept as domestic pets), monkeys other
wild or undomesticated animals which by state or federal law require
a license to be kept in captivity shall be prohibited in all zone
districts within the Township of Deerfield.
Off-street loading and maneuvering spaces shall be provided for the loading and unloading of vehicles on the lot on which is located a use for which the loading space is required. Design standards for such off-street loading and maneuvering spaces are set forth in Article IX herein this chapter. The requirements pertaining to provision of off-street loading and maneuvering spaces are set forth as follows:
A.
A minimum of one off-street loading space per nonresidential
use shall be provided, except that, where more than one use shall
be located in one building or where multiple uses are designed as
part of a self-contained complex, the number of loading spaces shall
be based on the cumulative number of square feet within the building
or complex and shall be dispersed throughout the site to best serve
the individual users.
B.
There shall be at least one central point for trash/garbage
pickup in multifamily and nonresidential uses which shall be separate
from parking and loading areas by locating such facility either within
a building or outside of a building in a totally enclosed metal container(s),
obscured from view from parking areas, streets and adjacent residential
uses or zoning districts by a fence, wall, landscaping or combination
of the three. If located within the building, the doorway(s) may serve
both the loading and trash/garbage collections functions. If a container
is used for trash/garbage collection functions and is located outside
the building, it may be located adjacent to or within the general
loading area(s), provided that the container(s) do not interfere with
or restrict in any manner loading and unloading functions.
C.
The minimum number of spaces required per specific
use shall be:
(1)
Funeral home: one space per 2,500 square feet of floor
area. Dimensions of a loading space for this use may be reduced to
33 feet by 12 feet.
(2)
Hospitals, nursing homes, assisted living facilities
or similar facilities: one space per 10,000 square feet of gross floor
area.
(3)
Retail stores, excluding commercial home occupations:
one space per 4,000 square feet of gross floor area.
(4)
Office uses: one space per 20,000 square feet of gross
floor area.
(5)
Warehousing, indoor storage, shipping and receiving
facilities: one space per 10,000 square feet of gross floor area.
(6)
Research, testing, laboratory, manufacturing and assembly
facilities: one space per 20,000 square feet of gross floor area.
(7)
Other uses: as determined by the Land Use Board based
on the above standards and the proposed use with consideration being
given to the volume and frequency of loading and delivery involved
and the character of the area in proximity.
D.
Where any use if located on a tract of at least 50
acres and no portion of a loading area, including maneuvering areas,
is closer than 200 feet to any property line and where the length
of the driveway connecting the loading area to the street is at least
300 feet, the number of off-street loading spaces may be fewer than
the number required by the above schedule, provided that the applicant,
as part of the site plan application, shall indicate on the site plan
and shall document to the Land Use Board that the number of spaces
to be provided will be adequate to meet the needs of the specific
use proposed. Proof of such sufficiency may include areas on-site
where trucks waiting to unload may stand or park until the loading
area is free or ready.
E.
The conformance of any use requiring loading facilities
shall remain valid so long as such facilities are provided and maintained
in accordance with the following requirements:
(1)
They shall be provided and maintained so long as the
use exists which the facilities are designed to serve.
(2)
Reasonable precautions shall be taken by the owner
or sponsor of the particular use to assure the availability of required
facilities to the delivery and pickup vehicles that they are designed
to serve.
F.
Access to a loading space shall be provided directly
from a public street or alley or from any right-of-way that will not
interfere with public convenience and that will permit orderly and
safe movement of trucks or delivery vehicles.
G.
Loading space(s) as required under this section shall
be provided as area in addition to off-street parking space and shall
not be considered as supplying off-street parking.
H.
Off-street loading spaces and maneuvering areas shall
be surfaced with a dustless, durable, all-weather pavement, which
shall be adequately drained, all subject to the approval of the Township
Engineer.
I.
Any use which can reasonably be expected to have a
number of trucks making deliveries or pickups on a daily basis which
may require delays in order to make such deliveries and pickups shall,
in addition to any required loading space, provide truck waiting or
standing area in order to avoid undue or unsafe interference with
the public use of streets or alleys.
See § 120-85 for off-street parking design standards.
A.
Each building or site which, after the effective date
of this chapter, is erected, enlarged or altered for any of the following
uses in any district shall provide and satisfactorily maintain the
minimum number of off-street parking spaces set forth herein. Where
a particular building or site contains more than one of the following
categories of uses, the total parking requirements shall be the sum
of the component parts.
|
Type of Use
|
Minimum Parking Spaces
|
|---|---|
|
RESIDENTIAL USES
| |
|
Single-family, detached dwelling or mobile home
|
2 per unit provided on lot
|
|
Two-family units (duplex)
|
2 per unit provided on lot
|
|
Semidetached or attached dwelling unit or townhouses
2 per unit provided on lot plus 1 per 6 units of visitor parking,
| |
|
Apartments
|
1.5 per unit except if 2 or more bedroom units
exceed 40% of unit total then 1.8 per unit provided in off-street
bays
|
|
Mobile home park
|
2 per mobile or manufactured home space
|
|
COMMERCIAL ESTABLISHMENTS OR USES
| |
|
Home occupation as per § 120-110
|
1 per each employee not an occupant or resident
of the home in which the occupation is located, plus the requisite
number of spaces required for the residential uses on the lot and
any activities of the home occupation for which parking would be required
such as client or customer parking, in no case to exceed five total
parking spaces
|
|
Home occupation, bed and breakfast
|
Same as a home occupation plus 1 per each room
available for occupancy by guests
|
|
Commercial home occupation hereinabove
|
Same as a home occupation
|
|
In the case of home occupations and commercial
home occupations, the Land Use Board may grant waivers to providing
on-site parking where it can be shown there is sufficient on-street
or off-site parking existing within proximity of the proposed home
occupation or commercial home occupation or is made available to the
home occupation or commercial home occupation as set forth in § 120-110B(5)
herein.
| |
|
Retail store, service business
|
1 per 150 square feet of gross leasable floor
area plus 1 for each employee
|
|
Supermarkets
|
1 per every 150 square feet of gross floor area,
plus 1 for each employee
|
|
Service station
|
2.5 for each service bay
|
|
Theaters
|
1 for each four seats
|
|
Shopping center gross leasable floor area
|
5.5 per 1,000 square feet of
|
|
Bank
|
6 per teller window
|
|
Motels and hotels
|
1 per room plus 1 for each employee. If a meeting
or conference room or rooms are provided, then 1 for each 4 persons
of the rated capacity of said rooms. If other uses are incorporated
as part of any motel or hotel, additional spaces shall be provided
in accordance with this section.
|
|
Restaurant
|
1 per 3 seats devoted to service, plus 1 for
each full-time employee
|
|
Funeral home
|
10 plus 1 per each 50 square feet devoted to
chapel or slumber room and one for each employee
|
|
Offices:
| |
|
General
|
1 for each 200 square feet of gross leasable
floor area, plus 1 for every 2 full-time employees
|
|
Medical, dental or veterinary
|
6 per doctor plus 1 per doctor or employee
|
|
Wholesale store or furniture store
|
Exclusive of storage space, 1 per 400 square
feet, plus 1 for each employee
|
|
Automotive sales or rental
|
1 per each 300 square feet of gross floor area,
plus 1 for each employee
|
|
Flea markets
|
3 per each table or booth, plus 1 per employee
|
|
Auction or outdoor sale
|
1 per each 150 square feet of gross floor or
ground area utilized for sale, plus 1 per employee present
|
|
Roadside stand
|
3 spaces plus 1 additional space per each 100
square feet of display area in excess of 300 square feet
|
|
COMMUNITY FACILITIES
| |
|
Church, house of worship
|
1 for each 3 seats or at least 1 for each 50
square feet of gross floor area used or intended to be used for service
to patrons, guest or members, whichever requires the greater number,
plus 1 for each full-time employee
|
|
Assembly hall, auditorium or community center
|
1 for each 4 seats or at least 1 for each 100
square feet of floor area used or intended to be used for service
to customers, patrons, clients, guests or members, whichever is greater,
plus 1 per each full-time employee
|
|
Hospital
|
1.5 per bed
|
|
Nursing home
|
1 per each 3 beds
|
|
Assisted living facility
|
0.75 per living unit, plus 1 for each full-time
employee on the largest shift
|
|
SCHOOLS
| |
|
Elementary, middle or junior high schools
|
1 per each employee plus 10%
|
|
High school
|
10 per classroom
|
|
College
|
1 per every 2 students, plus 1 per every 4 dormitory
beds
|
|
Library or museum
|
1 per every 500 square feet of gross floor area
|
|
INDUSTRIAL ESTABLISHMENTS
| |
|
Industrial, manufacturing use
|
1 per employee plus 10% or 1 per every 750 square
feet of gross floor area, whichever is greater
|
|
Storage warehouse
|
1 per employee plus 10% or 1 per every 750 square
feet of gross floor area, whichever is greater
|
|
RECREATIONAL FACILITIES
| |
|
Clubs, golf clubhouses, commercial and noncommercial
uses
|
1 for each 6 persons of rated capacity
|
|
Bowling alley
|
4 per alley
|
|
Campgrounds
|
1 per campsite, plus visitor parking as provided
for clubs and 1 for each employee
|
|
Golf course
|
4 per hole plus parking as provided for a clubhouse
|
|
Skating rink
|
1 for each 120 square feet of skating area
|
|
OTHER USES
| |
|
To be determined by the Land Use Board based
upon the requirements contained herein for similar uses and the factors
generating parking need, such as number of patrons, floor area, seating
capacity or availability of public transportation.
| |
B.
General regulations applying to required off-street
parking facilities:
(1)
Structures and uses in existence at the date of adoption
of this chapter shall not be subject to the requirements of this section
so long as the kind or extent of such use is not changed, provided
that any parking facility now serving such structure or uses shall
not in the future be reduced below such requirements.
(2)
Whenever there is an alteration of a structure or
change or extension of a use which increases the parking requirements
according to the standards for this chapter, the total additional
parking required for the alteration, change or extension shall be
provided in accordance with the requirements of this section.
(3)
No parking area shall be used for any use that interferes
with its availability for the parking need it is intended to serve.
Handicapped parking shall be provided as required by law.
(4)
All required parking facilities shall be provided
and maintained so long as the use exists which the facilities were
designed to serve. Off-street parking facilities shall not be reduced
in total extent after their provision except upon the approval of
the Land Use Board and then only after proof that, by reason of diminution
in floor area, seating area, the number of employees or changes in
other factors controlling the regulation of the number of required
parking spaces, such reduction is in conformity with the requirements
of this section. Reasonable precautions shall be taken by the owner
or operator of particular uses to assure the availability of required
facilities to the employees or other persons whom the facilities are
designed to serve. Such facilities shall be designed and used in such
a manner as to at no time constitute a nuisance or a hazard or an
unreasonable impediment to traffic.
(5)
Where the computation of required parking space results
in a fractional number, any fraction of the next highest number shall
be counted as one.
C.
The parking spaces required herein may be located
elsewhere than on the same lot as the use they serve when authorized
as a conditional use subject to the following conditions:
(1)
The owner or owners of two or more establishments
or properties shall submit with their application for combined parking
conditional use a site plan showing joint use and location of a common
off-site parking area.
(2)
Some portion of the common off-street parking lies
within 200 feet of an entrance, regularly used by patrons, into the
establishment served thereby.
(3)
The Land Use Board may, at its discretion, reduce
the required aggregate amount of required parking space upon determination
that greater efficiency is effected by joint use of a common parking
area, but in no case shall the ratio of total off-street parking area
to gross floor area be reduced less than 25%.
(4)
The said parking area is not to be located across
a street, roadway or thoroughfare unless a specific crossing, such
as an overpass or traffic signal along a state highway or arterial
road, is provided for persons utilizing said parking area. In the
case of establishments within a Village of Carmel or the Town of Rosenhayn
and not located on a state highway or arterial road, a street, roadway
or thoroughfare crossing using pavement crosshatch markings and signs
warning motorists of pedestrian crossing may be permitted where such
a crosswalk can be constructed in accordance with the "Manual on Uniform
Traffic Control Devices."
(5)
It is the intent of this subsection to recognize the
nature of a home occupation and/or a commercial home occupation and
to recognize its limited size and scope of activity. Additionally,
the Land Use Board may consider the nature of a designated center
as set forth in the adopted Township Master Plan and reasonably allow
deviation from strict compliance with off-street parking requirements
in the case of such home occupations or commercial home occupations
as deemed appropriate to protect public safety. To this end and when
requested in writing by the applicant for approval of such a home
occupation or commercial home occupation, the Land Use Board may grant
a waiver from required on-site parking requirements by allowing the
applicant to use on-street parking or off-site parking spaces in satisfying
the parking requirements as set forth herein this section; or grant
a waiver from meeting a portion or all of the parking required of
said home occupation or commercial home occupation for a home occupation
or commercial home occupation based on the following conditions:
(a)
The type of business or activity and the availability
of suitable parking on-site or along streets adjoining the property
involved or in close proximity thereto.
(b)
The anticipated area from which the bulk of
the clients or customers of the home occupation or commercial home
occupation are expected to be drawn, i.e., are they coming from the
Village or Town and its immediate environs, or are they coming from
a further distance. In this regard, consideration may be given to
anticipated pedestrian travel of clients or customers based on their
origin.
(c)
Submission of written proof that the applicant
owns, leases or is permitted to utilize off-site parking for the home
occupation or commercial home occupation's clients or customers. Said
agreement must be submitted by the applicant and specifically allocated
and reserve said parking for the home occupation or commercial home
occupation, be within reasonable proximity to the property whereon
the home occupation or commercial home occupation is to be located,
and existing conditions will permit pedestrian access between the
off-site parking and the applicant's property.
(d)
In determining the suitability of any such reduction
of parking required, allowing of on-street or off-site parking, or
a waiver thereof, the Land Use Board may request testimony or comments
from appropriate experts and officials familiar with the locations
and roadways involved in the request. The Land Use Board may require
the applicant to obtain, at his/her cost, such expert testimony and/or
reports attesting to said suitability of the applicant's request.
D.
Private and community garages.
(1)
A private garage constructed as an accessory use in
a residential zoning district shall be subject to the following special
provisions in regard to its location:
(a)
In the case of a corner lot, said private garage
shall be located at least 10 feet from the rear yard nearest the side
street line, and it shall set back from the rear lot line a distance
equal to the required minimum width of a side yard for the district
in which it is located.
(b)
An attached private garage shall be subject
to the yard requirements of the principal structure to which it is
attached.
(2)
Community garages when built on the same lot as a principal building shall be located in conformance with the requirements of this section for private garages; but when built as the principal use on a separate lot, they shall conform to the setback provisions for the principal use for the district within which they are located and to the side yard and rear yard provisions for a private garage as given in Subsection D(1)(a) and (b).
E.
A commercial parking lot shall be subject to the following
provisions:
(2)
No commercial parking lot shall have an entrance or
exit connected with a public street at a point closer than 200 feet,
measured along the same street line in the same block, to any single-family,
detached or attached dwelling, church, library, charitable institution,
school, college, nursing home or hospital or similar use or any entrance
or exit thereto.
(3)
Within the Village of Carmel or Town of Rosenhayn business, mixed use or industrial/commercial zoning districts, a commercial parking lot or area for less than 10 spaces shall be at least 20 feet from an adjoining residential property and be buffered by a fence, wall, landscaping or combination of both sufficient to prevent headlight glare and blowing of debris or trash onto the adjoining residential property. The Land Use Board in approving a site plan may increase this buffer width where deemed necessary to provide for the prevention of nuisance or detrimental to an adjoining residential property. Any buffer created to satisfy the requirements of this subsection shall be aesthetic in appearance as seen from adjoining roads or properties and if assembled of landscaping and vegetation, said vegetation shall conform to the provisions of § 120-93 of this chapter.
F.
No motor vehicle or motor vehicle and trailer in combination
which shall weigh in excess of 8,000 pounds shall be placed or stored
in any zoning district in such a way as to obstruct driver vision
or cause a safety hazard. Additionally no such vehicle or vehicle
and trailer combination shall be placed or stored in a residential
zoning district in such a way as to create a nuisance from noise,
glare or exhaust to adjoining properties.
G.
The placing or storing of a single commercial vehicle
at the residence of the owner or operator of said vehicle does not
constitute the parking of a commercial vehicle in a noncommercial
zone, provided that:
(1)
Said placing or storing is limited to a single vehicle;
(2)
This interpretation is limited to temporary placing
or storing of said vehicle and does not extend to the repair or maintenance
of said vehicle or any commercial activity being conducted on-site;
and
(3)
The location of said vehicle's placement on the property
is in such a manner as to not create a nuisance to the residential
neighbors or otherwise violate any applicable municipal ordinance.
A.
Outdoor storage of any type shall not be permitted unless such storage is normally incidental to the permitted use(s) and part of the normal activities conducted on the premises therewith said permitted use(s). All outdoor storage shall be subject to the requirements of the zoning district in which it is located including setbacks, area and coverage requirements, and shall be screened as provided for in § 120-71 of this chapter from any property used or zoned for residential purposes. No storage shall be permitted in front yard areas.
B.
In the case of a home occupation as set forth in § 120-110 or a commercial activity, merchandise may be located in the front yard area during normal business hours to display the type of merchandise made and/or available for purchase on site. Additionally, agricultural products in a farm or roadside stand as permitted in § 120-136A of this chapter, a vehicle, lawn or farm equipment, boat or similar item so normally displayed for sale and if owned by a resident of the property upon which is displayed for sale, shall be allowed within a front yard area.
C.
Travel trailers and recreational vehicles.
(1)
Travel trailers or recreational vehicles used for
camping or lodging may be stored on the property of their owner and
shall be considered as an accessory use and subject to the standards
set forth in the Schedule of District Regulations for an accessory
use to a residential use in the zoning district in which it is to
be stored. Storage of a such a travel trailer or recreational vehicle
used for camping or lodging shall be limited to two and stored in
such a way as to not cause a nuisance to adjoining properties or a
safety hazard with regard to vision along adjoining driveways and/or
streets. There shall be no hookup or connection of travel trailer
or recreational vehicle used for camping or lodging to any utility
line or facility.
(2)
Other recreational vehicles as defined in § 120-5 of this chapter may be stored on the property of their owner as an accessory use subject to the standards set forth in the Schedule of District Regulations for an accessory use to a residential use in the zoning district in which it is to be stored. Not more than two travel trailer or recreational vehicle for camping or lodging and two other recreational vehicles shall be stored outdoors on any one property. The storage of such any recreational vehicle shall not be in any front yard area. No travel trailer or similar recreational vehicle used for camping or lodging shall be occupied or used as dwelling place or for the conduct of any business.
No sign shall be erected, reerected, constructed,
altered, placed or maintained except as provided for in this section.
No sign of any type shall be permitted to obstruct driver vision,
traffic signals, traffic directional and identification signs, other
places of business signs, or windows of buildings on which they are
located, or fire escapes, doors or ventilation openings. No sign shall
be attached to trees, fence posts, stumps, utility poles, bridges,
culverts, or other signs. All signs shall be freestanding or attached
to buildings in an approved manner and located on said lot the use
for which they advertise. Signs shall be permitted in accordance with
the following standards and requirements:
A.
In all zoning districts, the following signs shall
be permitted without obtaining a zoning or sign permit:
(1)
All signs and signals owned and operated by the Township
of Deerfield, the County of Cumberland, the State of New Jersey or
the United States Government or their respective agencies. The Land
Use Board at its discretion may approve groupings of signs for direction
and information as to public access facilities, such as eating, lodging,
boating, camping, historical and recreational facilities. Such groupings
shall be limited to a maximum of 32 square feet of information area
and the content and appearance shall be at its discretion.
(2)
Identification signs for public or quasi-public facilities,
such as schools, churches, hospitals, libraries or museums not exceeding
two square feet in area.
(3)
Memorial or historical markers or tablets not exceeding
four square feet in area.
(4)
Customary on-site real estate signs temporarily advertising
the sale, rental or lease of the premises or portions thereof, and
professional offices or home occupation nameplates (or signs). No
such sign shall exceed six square feet in area, nor shall there be
more than one such sign for each 200 feet or part thereof of road
frontage contained in the property on which such sign is to be located.
Such signs shall only be located on the property where the use or
structure is located that said sign(s) are advertising or identifying.
Such signs shall be removed at the expense of the advertiser within
15 days after the termination or completion of the matter or business
advertised. Where a property for sale or rent is located on a residential
street used only for access to properties located thereon, a directional
sign indicating a property for sale or rent on said street may be
placed at the intersection of said street and the collector or arterial
street into which it empties provided said identification sign is
not larger than four square feet in size.
(5)
Street number designations, postal boxes, on-site
directional and parking signs, warning signs and signs posting property
as "Private Property," "No Hunting or Gunning," "No Trespassing" or
similar signs which do not exceed two square feet in area.
B.
All signs shall be designed, constructed and maintained
in accordance with the following standards and provisions:
(1)
No freestanding sign shall exceed the maximum building
height permitted for the same in the district in which it is located,
and no attached sign shall be higher at any point than the roofline
of the building to which said sign is attached. No attached sign shall
project into or hang over a street right-of-way, and no sign shall
project beyond a building in a manner placing it above areas traversed
by motor vehicles, such as but not limited to driveways and parking
or loading areas.
(3)
Illuminated signs shall be so arranged as to reflect
the light and glare away from adjoining premises and away from adjoining
streets and/or rights-of-way so as to avoid a traffic hazard.
(4)
Sign area shall be measured around the outside edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including background, whether open or enclosed, but
said area shall not include any supporting framework and bracing incidental
to the display itself.
(5)
Signs and sign structures of all types shall be located to allow a clear, unobstructed line of vision as specified in § 120-107C.
(6)
Signs with more than one exposure shall be measured
for area by using the surface area of one side providing one side
is visible from either direction on the adjoining road. All sides
however, may be used for display providing the total area does not
exceed double that allowed for the single side.
(7)
All signs shall be constructed of durable material
such as wood, metal, stone or masonry. Whenever possible, signs and
materials used to construct same shall be harmonious with its scenic
surroundings.
C.
The following signs are prohibited in all districts:
(1)
Signs with red, yellow, orange or blue illumination
in a beam, beacon, or flashing form resembling an emergency light
or traffic control device in any location.
(2)
Portable signs, i.e., fixed on a movable stand or
frame which is self-supporting without being firmly embedded in the
ground, supported by other objects, mounted on wheels or movable vehicles
or made easily movable in some other manner.
(3)
Signs using mechanical or electrical devices to revolve,
flash or display movement or the illusion of movement.
(4)
Signs using sudden light changes.
(5)
No outdoor, off-site advertising sign, other than
signs advertising agricultural roadside stands, shall be permitted
within the A Agricultural Zoning Districts. Within these cited zoning
districts outdoor, off-site advertising signs shall only be permitted
in accordance with the following conditions:
(a)
The sign shall be located along an arterial
or collector road as defined and identified in the adopted Township
Master Plan;
(b)
The sign shall not be located so as to block
the scenic view of any river, marsh or wetland, historical structure
or site, or other natural or cultural landmarks or characteristics
as identified by the adopted Township Master Plan;
(c)
Signs shall not be located closer than 30 feet
to any street right-of-way or property lines. No outdoor, off-site
advertising signs shall be located closer than 100 feet to any church,
school, public building or residence;
(d)
If illuminated, no such lighting shall created
a danger or nuisance from glare or direct lighting upon adjoining
properties or roadways; and
(e)
No such sign shall be of an overall height greater
than 15 feet or an area greater than 32 square feet.
(6)
Within the Township, no existing sign which does not
conform to this section shall be permitted to continue beyond three
years after the effective date of this chapter.
D.
In any district where the following uses are permitted,
the following signs shall be permitted in connection with said uses:
(1)
Churches, places of worship: one freestanding sign
not exceeding 12 square feet in area and 10 feet in height and set
back at least 25 feet from all street rights-of-way and lot lines,
plus one attached sign not exceeding 25 feet in area.
(2)
Golf courses: one freestanding sign not exceeding
12 square feet in are and 10 feet in height and set back at least
25 feet from all street rights-of-way and lot lines.
(3)
Multifamily dwelling and townhouse developments: Each
development having in excess of four dwelling units may have one sign
along each arterial or collector road which the tract involved abuts,
provided that there exists at least 200 feet of frontage. Such sign(s)
shall not exceed 10 feet in height, shall be set back from all street
rights-of-way and driveways at least 30 feet, shall be set back from
the property lines a minimum of 50 feet, shall not exceed an area
of 40 square feet, and shall be used only to display the development
name.
(4)
Mobile home park: As set forth in § 120-126D of this chapter along with one illuminated or unilluminated freestanding sign identifying the name of the park not exceeding forty square feet in area. One additional identification sign may be permitted for each main entrance on other park property frontages on roads classified as a arterial or collector roadway.
(5)
Retail and service uses, restaurants not located on
arterial roads, professional and business offices, banks and similar
uses:
(a)
Each such activity may have one illuminated
or unilluminated sign displaying the name of the use attached flat
against the front of the building in which it is located, not exceeding
an area equivalent to 5% of the front of the building or 40 square
feet, whichever is smaller. Where the building(s) is designed for
rear or side entrances, one unlighted sign may be attached flat against
the building at the rear or side entrances, each sign not to exceed
an area equivalent to half that of the sign on the front of the building.
(b)
In the case of restaurants located along arterial
roads, said establishment may have one freestanding sign not exceeding
20 square feet in area and 30 feet in height. Said sign shall be set
back from all street rights-of-way at least 10 feet. In addition,
each such establishment may have one attached sign on the front, rear
and side entrances to the building in which it is located as provided
hereinabove.
(6)
Theaters and indoor commercial recreation:
(a)
Each use may have one illuminated or nonilluminated
sign displaying the name of the use attached flat against the front
of the building in which it is located, not exceeding an area equivalent
to 5% of the front facade of the building or 100 square feet, whichever
is smaller. Where the building(s) is designed for rear or side entrances,
one unlighted sign may be attached flat against the building at the
rear or side entrances, each sign not to exceed an area equivalent
to half that of the sign on the front of the building.
(b)
Additionally, the Land Use Board may permit
one freestanding sign not to exceed 30 square feet in area and 30
feet height. Said sign shall be set back from all street rights-of-way
or property lines at least 15 feet, may be illuminated or not and
shall be used to display the name of the use and the current program
of events or entertainment. Such uses may also at the discretion of
the Land Use Board, have one additional attached sign on the front
of the building for display of the program or event offered provided
said sign does not exceed 60 square feet in area.
(7)
Multi-office building or complex, hotel, motel, or
professional office center: Any such use may have one sign, either
freestanding or attached, not exceeding an area equivalent to 5% of
the first floor portion of the front facade of the main structure
or 150 square feet, whichever is smaller. Where an individual office
unit within such a structure or complex has direct access from the
outside, a sign not exceeding four square feet, identifying the name
of the office or occupant thereof, may also be attached to the building
at the office entrance.
(8)
Planned commercial developments: Each development,
i.e., shopping center, may have one freestanding sign along each arterial
or collector road which the tract involved abuts, provided that there
exists at least 250 feet of unbroken frontage.
(a)
Where uses share a common walkway, each use
served by the walkway may have one sign which shall be attached flat
against the building either above or below the common walkway canopy
and/or one sign suspended perpendicular fashion from the roof or canopy
over the common walkway. Suspended signs shall be no closer than eight
feet at their lowest point to the finished grade level below them.
No such sign shall exceed 10 square feet in area.
(b)
All signs in a planned commercial development
shall conform in character to all other signs in the center or complex
and shall blend with the overall architectural scheme of the center
or complex and its surroundings.
(9)
Service station or repair garage: Each use may have:
(a)
One freestanding sign;
(b)
One sign attached flat against its primary structure;
and
(c)
One sign identifying the name of the company
in the case of a canopy over a fueling area. If the canopy fronts
on more than one roadway, one additional canopy sign shall be permitted
per road frontage. The freestanding sign shall not exceed an area
of 20 square feet, shall be set back at least 10 feet from all street
rights-of-way and lot lines, and shall not exceed a height of 35 feet.
Any attached sign shall not exceed 30 square feet in area.
(10)
Industrial and manufacturing use, whole distribution
center or warehouse, construction company, body shop, or similar uses:
Each use shall be permitted one sign not larger than the equivalent
of 5% of the area of the front wall of the principal building facing
the street or 100 square feet, whichever is smaller. If attached to
the building, the sign shall not be higher than the roofline. If freestanding,
the sign shall be set back from all street rights-of-way and driveways
and lot lines at least 40 feet. The maximum height of freestanding
sign shall not exceed 35 feet.
(11)
Industrial park: Each park may have one freestanding
sign along each arterial or collector road which the tract involved
abuts, provided that there exists at least 250 feet of unbroken frontage.
Such sign shall not exceed a height of 35 feet, shall be set back
from street rights-of-way and driveways at least 50 feet, shall be
set back from all property lines a minimum of 100 feet and shall not
exceed an area of 150 square feet.
(12)
Real estate advertising: Real estate offered
for sale or rent, involving 10 acres or more or in excess of 10 dwelling
units may have one sign along each arterial or collector road which
the tract involved abuts, for each 100 feet of unbroken frontage with
a maximum of two signs per site or location. Such sign shall not exceed
10 feet in height, shall be set back from street rights-of-way and
driveways so as not to overhang or obstruct driver vision, shall not
exceed an area of 32 square feet and shall be used only to display
the development name, sales representative, location of sales office,
telephone number, display or viewing schedule and artwork designed
to demonstrate project layout, appearance or logo. Such sign(s) shall
be removed after the sale of 90% of the lots or units or within one
year, whichever occurs first. The Land Use Board may grant extensions
upon submission of evidence sufficient to reasonably justify continuation
of the sign permit.
(13)
Construction site: Such use may have one sign
dealing with construction on-site, not larger than the equivalent
of 5% of the area of the front wall of the building involved or 100
square feet, whichever is smaller. The sign shall not exceed 10 feet
in height and shall be set back from all street rights-of-way and
lot lines at least 40 feet. Said sign shall be removed prior to the
issuance of a certificate of occupancy for the building or use under
construction once it is established or completed.
(14)
Retail use for new and used automobiles, farm
equipment, recreational vehicles or boats, trucking terminals or similar
uses: Each such use may have one freestanding sign for each 200 feet
of unbroken frontage with a maximum of three signs per site. Such
sign shall not exceed eight feet in height, shall be set back from
the street rights-of-way at least 30 feet, and from driveways at least
20 feet, shall be set back from any property line a minimum of 50
feet and shall not exceed an area of 200 square feet. In addition
to said freestanding sign(s), the following attached signs are permitted:
(a)
One sign displaying the name and insignia of
the business or use attached against the front of the building used
for sales office and/or showroom, not exceeding an area equivalent
to 5% of the front facade of said building or 100 square feet, whichever
is smaller.
(b)
One attached sign not exceeding 20 square feet
in area, which sign or signs identify specific areas or the structure(s)
utilized for accessory uses, such as a garage, office, or service
area. Said sigh(s) shall be located directly above or in close proximity
to the entrance leading to said portion of the principal structure
or accessory structure used for the specific use advertised.
(15)
Home occupation and commercial home occupation:
(a)
A home or home professional occupation is permitted
one sign, illuminated or nonilluminated, with two square feet of display
area per side for advertising or a maximum of four square feet of
total advertising area. Said sign may be freestanding on a post or
pole outside the street rights-of-way and the side yard setbacks for
the zoning district within which it is located, or it may be attached
to the front of the home or accessory structure wherein the home occupation
is located. If illuminated, said illumination shall be designed to
prevent a nuisance to adjoining properties or traffic along adjoining
street rights-of-way.
(b)
A commercial home occupation is permitted one
sign, illuminated or nonilluminated, with a total display area of
12 square feet, including both side if doubled-faced. Said sign may
be freestanding on a post or pole outside the street rights-of-way
and the side yard setbacks for the zoning district within which it
is located, or it may be attached to the front of the home or accessory
structure wherein the home occupation is located. Said sign shall
be located, constructed and placed so as to blend with its location
and character of the village within which it is located. If illuminated,
said illumination shall be designed to prevent a nuisance to adjoining
properties or traffic along adjoining street rights-of-way.
(16)
Hospital, nursing home, assisted living facility
or other health care facility: Each use shall be permitted to have
one illuminated or unilluminated sign displaying the name of the facility
flat against the front of the front of the main building (in the case
of said facility facing more than one roadways, then one sign per
frontage shall be permitted, provided that said sign(s) not exceed
an area equivalent to 5% of the front of the building or 40 square
feet, whichever is smaller); or such a facility may have a one freestanding
illuminated sign along each roadway frontage adjoining any side of
the facility having a major entrance; or combination of each not to
exceed one such sign per frontage. In addition, one illuminated sign
may be located over the entrances to separate departments of said
facility to identify said area of the building such as a sign identifying
the entrance to the "Emergency Room." Said sign shall be sized to
be easily read and to identify the said department or area from the
adjoining roadway or driveway. In the case of hospitals, commonly
used illuminated, identifications generally affixed to the upper corners
of the main hospital structure shall be permitted.
(17)
Sexually-oriented business. The sign identifying
the subject property shall be limited to 10 square feet and shall
be wall-mounted upon the principal building. The sign shall be limited
to lettering indicating the name and address of the facility only.
The sign shall be applied flat against the wall and shall not project
beyond the side or top of the wall to which it is affixed, nor shall
such signs project more than 14 inches from the front wall. All flashing,
moving, intermittently moving and illuminated signs, reflecting signs
or luminous signs and/or advertising devices shall be prohibited.
However, backlighting of the principal sign may be permitted. In addition,
no temporary signs made of paper, cardboard, canvas or other similar
material, banners, etc., are permitted, and no signs or billboards
shall be placed on the roof of any buildings.
(18)
Other use: Whenever it is proposed to erect,
construct or install a sign for a use or structure, as permitted under
the provisions of this chapter, which said use does not generally
approximate a use set forth in this section as to sign details or
numbers permitted, the Zoning Officer may issue a sign or zoning permit
for one sign not exceed 50 square feet in area which meets the maximum
setback requirements for an accessory use in the zoning district in
which the sign is to be located. All other cases shall require review
and approval by the Land Use Board.
E.
Sign interpretation and measurement. For the purposes
of determining the number of signs, a sign shall be considered to
be a single surface or display device, containing elements organized,
related and composed to form a unit. Where matter is displayed in
a random manner without organized relationship of elements, or where
there is a reasonable doubt about the relationship of elements, each
element shall be considered to be a single sign. The surface area
of the sign shall be computed to include the entire area within a
parallelogram, triangle, circle, semicircle or other geometric design
comprising all of the display area of the sign and including all of
the elements of the matter displayed. Frames and structural members
of freestanding signs shall not be included in computation of the
sign surface area.
F.
Temporary signs. Zoning or sign permits are required for temporary signs, except real estate signs as provided for in § 120-115A(4), and, when granted, shall authorize the erection of said signs and their maintenance for a period not to exceed 90 days in any one calendar year. When found reasonable, the Land Use Board may grant an extension for a temporary sign permit in accordance with the procedures for granting an area variance set forth in § 120-48 of this chapter. Temporary signs shall not exceed 32 square feet in area on one side. The advertisement contained on any temporary sign shall pertain only to the business or activity conducted or to be conducted on or within the premises on which such sign is or will be erected or maintained. A zoning or sign permit shall not be required for temporary signs of a civic, political or religious nature to be erected or placed by a nonprofit organization and which meets the standards of this section. No political or personal signs shall be permitted to be erected or displayed on property owned by the Township of Deerfield.
[Amended 9-15-2004 by Ord. No. 2004-6]
G.
Sign maintenance.
(1)
Signs must be maintained in good condition and must
also not be allowed to deteriorate or become dilapidated. The Construction
Official shall require proper maintenance of all signs and shall inspect
every sign which requires issuance of a permit within 30 days after
it is erected. All signs, together with all of their supports, braces,
guys and anchors, shall be kept in repair and in proper state of preservation.
The display surface of all signs shall be kept neatly painted and
posted at all times.
(2)
The Construction Official or Zoning Officer shall
notify, in writing, the owner of any sign which is in disrepair, of
such state. The owner of such sign shall correct such deficiency within
a reasonable period of time form the date of said notice. In the event
that the owner fails to correct said deficiency or make required repairs,
the Construction Official or Zoning Officer shall institute proceedings
for compliance with said notice or the removal of the sign found in
disrepair if so warranted.
H.
Off-site signs. As of the effective date of this chapter,
off-site commercial or private signs are prohibited except as expressly
permitted within this subsection:
(1)
Off-site signs, public information signs and control signals as specified in § 120-115A are permitted in all zoning districts.
(2)
Off-site signs for direction to places of worship
are permitted in all zoning districts as a conditional use.
(3)
Temporary off-site signs for real estate sale, yard
or garage sales, charitable organization/nonprofit activities, and
seasonal agricultural stands are permitted in all zoning districts.
These signs must be removed upon termination of the activity which
they advertise.
(4)
Off-site signs for commercial advertising, subject
to all other conditions of this subsection, are permitted in the following
zoning districts:
(5)
For any off-site sign not in conformance with this chapter, conformance is required as per § 120-115C(5) of this chapter.
In order to protect streams and their attendant
recharge areas, all structures shall be setback 200 feet from the
center line of all streams whether located on the property where the
structure is to be located or where the lot involved and the location
of the proposed structure is within a two-hundred-foot proximity to
a stream not on the property thereby making this setback requirement
applicable.
The following standards and regulations shall
apply to swimming pools:
A.
Private swimming pools.
(1)
Open pools in excess of 2 1/2 feet in depth are considered
swimming pools and as structures for the purpose of permits and regulations
of the Township ordinances. For the purpose of this chapter, swimming
pools, exclusive of patio area, shall not be counted as impervious
cover in computing lot coverage and shall not be located in any required
front or side yard area.
(2)
All swimming pools shall be at least 20 feet from
any rear or side property line or in any case nearer a street than
the principal building to which it is an accessory. All swimming pools
shall be installed in accordance with provisions of the Uniform Construction
Code.
(3)
All swimming pools shall be provided with a filtering
and disinfecting system, meeting New Jersey State Department of Health
requirements. A permanent barrier or obstruction not less than four
feet nor more than 10 feet in height, so constructed as entirely to
enclose the area on which the swimming pool is located and to bar
all reasonable and normal access to the swimming pool except through
a substantial self-closing gate or gates of the same height as the
fence, equipped with facilities for locking said gate when the pool
is unattended or unguarded, shall be provided for all swimming pools.
(4)
All swimming pools shall drain in conformance to a
system approved by the Health Code official and/or the Construction
Code Official.
B.
Semipublic and public swimming pools and swimming
clubs. Semipublic and public swimming pools and swimming pool clubs
operated on a nonprofit, annual membership basis shall be permitted
as indicated on the Schedule of Zoning District Regulations, provided
that:
(1)
Proof is furnished to the Zoning Officer that the
proposed use is a bona fide nonprofit activity, organized solely for
the use and enjoyment of the membership.
(2)
The parcel involved in the use shall contain at least
three acres and shall have 200 feet of frontage on a public road or
street.
(3)
No more than a total of 40% of the lot shall be covered
by structures, parking areas and the pool, together with its adjoining
impervious surface areas.
(4)
No part of the pool, its accompanying impervious surfaced
areas or other supporting or accessory structures or activity areas
shall be located within 75 feet of a property line, or less than 300
feet from the nearest dwelling.
(5)
The maximum membership of the club shall be fixed
at the time of application and shall be commensurate with the size
of the parcel and the scale and facilities contemplated. No expansion
of the membership shall be permitted subsequently without application
to and approval of the Land Use Board.
(6)
All pools shall be surrounded on all sides by a yard
25 feet in width, exclusive of parking area and accompanying impervious
surface areas.
(7)
All pools shall have permanent and direct access to
a public street.
(8)
All pools shall be surrounded by a fence at least
six feet in height, the entrance to which shall be kept locked when
an attendant is not present.
(9)
All lot boundaries shall be screened in accordance with the provisions of § 120-71 of this chapter whenever in the opinion of the Land Use Board such screening is necessary to protect adjoining properties and uses from the nuisance effects of said swimming pool and/or accessory activities such as, but not limited to, noise, glare, or blowing debris.
(11)
In the case of campgrounds or hotels or motels
wherein a swimming pool is an accessory use thereto, the Land Use
Board may adjust or waive the requirements of this subsection as deemed
appropriate, provided that the use of said pool is not also offered
on a membership basis to persons or groups not staying at the campground,
hotel or motel.
