A.
Location. An accessory building or a private parking
area shall not be located in any required yard space or within the
required setback.
B.
Second dwelling prohibited. In no case shall there
be more than one main residential building on any lot of record.
C.
Height and area of accessory building. Accessory buildings
shall not exceed one story or 15 feet in height and may not occupy
more than 20% of a required rear yard or a maximum of 900 square feet,
whichever is smaller.
D.
Distance from adjacent buildings. The minimum distance
of any accessory building from an adjacent building shall be 10 feet.
Detached accessory buildings shall be located so that all yard requirements
are met by the principal use.
E.
Structures permitted within required open space. Open
porches, balconies, breezeways and terraces attached to residences
shall not be considered as part of a principal structure and may project
into required side or rear open spaces, provided such structures do
not exceed 80 square feet and are not closer than 20 feet to any side
or rear property line.
A.
Within any residential district, no building with
permitted professional office or other home occupation shall be constructed
or altered so as to be inharmonious with the residential character
of the adjacent residential areas.
B.
The following types of construction shall be considered
not to be residential in character:
A.
No sign, other than warning or safety signs, which
is designed or intended to attract attention by sudden, intermittent
or rhythmic movement or physical or lighting change shall be permitted
in the Borough.
B.
No sign, other than warning or safety signs, which
changes physical position by any movement or rotation or which gives
the visual impression of such movement or rotation shall be permitted
in the Borough.
C.
No outdoor, off-site commercial advertising sign shall
be permitted in the Borough, except that:
[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No.
213A]
(1)
Existing lawful off-site commercial advertising signs,
in existence as of January 14, 1981, shall be permitted in the VI
District, provided they are located on a US highway within 1,000 feet
of a Pinelands Regional Growth Area or Pinelands Town; and[1]
(2)
Signs advertising agricultural commercial establishments
shall be permitted, provided that:
E.
To the maximum extent practical, the character and
composition and construction materials for all signs shall be harmonious
with the scenic values of the Pinelands.
[Added 2-14-1991 by Ord. No. 229]
Subject to the restrictions set forth in § 200-23, the following signs shall be permitted within the Borough:
A.
Official public safety and information signs displaying
road names, numbers and safety directions may be permitted.
D.
Temporary signs advertising political parties or candidates
for election may be permitted, provided that the size of any such
sign does not exceed 12 square feet.
E.
Temporary on-site and off-site signs advertising civil,
social or political gatherings and activities may be permitted, provided
that the size of such signs does not exceed 12 square feet.
F.
Trespassing signs or signs indicating the private
nature of a road, driveway or premises and signs prohibiting or otherwise
controlling fishing or hunting may be permitted, provided that the
size of such signs does not exceed 12 square feet.
G.
On-site professional, home occupation, or name signs
indicating the profession and/or activity and/or name of the occupant
of the dwelling may be permitted, provided that:
H.
On-site business or advertising signs may be permitted,
provided that:
Except as previously or hereinafter provided,
it shall be unlawful to relocate, erect, construct, reconstruct, enlarge,
structurally alter or use any building, structure or land except in
conformity with the regulations of the district in which such building
or structure is located.
[Amended 9-28-1989 by Ord. No. 223; 2-10-1994 by Ord. No.
249]
Except as hereinafter specified, any use, building
or structure existing at the time of the enactment of this chapter
may be continued even though such use, building or structure may not
conform to the provisions of this chapter for the district in which
it is located. Notwithstanding any existing nonconformity with respect
to area or bulk requirements otherwise set forth in this chapter,
any existing residential principal building may be expanded, provided
the area of expansion does not exceed 50% of the floor area and provided
the expansion complies with setback requirements. The coverage requirements
may be exceeded in such an expansion. In addition, notwithstanding
the coverage and rear setback limitations otherwise set forth in this
chapter, any residential property may contain an accessory structure
not exceeding 144 square feet in floor area and 12 foot in height,
provided such accessory structure maintains a rear setback of at least
five feet. In the Rural Development and Village Residential Zoning
Districts, the required side yard setback for such accessory structures
may be reduced to 10 feet.
Apartments shall contain at least 300 square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
In motels and apartments, every room occupied for sleeping purposes
by more than one occupant shall contain at least 100 square feet of
floor space for each occupant thereof. Cooking of food is prohibited
in sleeping rooms. The floor area of every habitable room shall have
a ceiling height of at least 7 1/2 feet.
Every habitable room shall have at least one
window facing directly to the outdoors. The total area of such window
shall not be less than 10% of the floor area of such room. Every habitable
room shall have at least one operable window which can easily be opened
to the extent of 5% of the wall area or such other device as will
adequately ventilate the room and shall discharge to the outside atmosphere.
A.
Lighting. Any lighting used to illuminate any off-street
parking area shall be so arranged as to reflect the light away from
adjoining residential premises.
B.
Setbacks. No part of any parking area for more than
two vehicles shall be closer than 20 feet to any dwelling, school,
church or other institutional use located on an adjoining lot. The
parking area shall not be located within five feet of the established
street right-of-way except where greater distances are provided in
the Schedule of Limitations[1] of this chapter and shall not be an extension of any street
right-of-way.
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
C.
Surfacing and curbing in nonresidential districts.
(1)
All driveways and off-street parking space provided
under the requirements of this chapter shall be surfaced with asphaltic
concrete or concrete so as to be hard surfaced, well drained and dust-free.
(2)
All off-street parking space shall be provided with
curbing or the equivalent so that vehicles cannot drive onto required
landscaped areas.
(3)
All off-street parking areas designated to accommodate
five or more vehicles shall be reviewed by the Planning Board with
respect to traffic circulation and the location of parking spaces.
All such parking areas shall be provided with painted lines indicating
traffic flow and parking spaces and shall in no case violate legally
required fire zones.
D.
Size. All off-street parking spaces shall contain
not less than 200 square feet and be no less than nine feet wide and
20 feet deep.
E.
Access. Access to parking areas shall be limited in
nature with access drives to public streets being a minimum of 25
feet in width.
F.
Combined uses. Where more than one use is provided
on a lot, the total parking spaces required shall be the sum of the
parking spaces required for each use.
G.
Location. All off-street parking areas shall be located
on the same lot as the principal building or use which it serves.
H.
Time of provision. All minimum requirements for off-street
parking shall be met at time of erection or enlargement of the main
building or structure and shall include provisions for adequate ingress
and egress.
I.
Parking space requirements.[2]
|
Use
|
Minimum Number of Parking Spaces Required
|
|---|---|
|
All single-family dwellings
|
2 off-street on-site parking spaces are required
|
|
All churches and related facilities
|
1 off-street on-site parking space is required
for each 3 seats; or 1 for 72 inches of seating space on benches or
pews where utilized
|
|
All parks, playgrounds and other publicly operated
recreational uses or structures
|
2 off-street on-site parking spaces for each
1 acre devoted to such use are required
|
|
Professional offices, where permitted
|
1 off-street on-site parking space is required
for each 150 square feet of office area, plus 1 additional space for
each employee
|
|
All retail business and service uses
|
1 space is required for each 150 square feet
of gross floor area, plus 1 additional space for each employee
|
|
All restaurants
|
1 space is required for each 4 public seats,
plus 1 space for each employee
|
|
All roadside stands
|
1 space is required for each 150 square feet
of gross floor area but in no case less than 5 spaces
|
|
Public utilities
|
1 off-street on-site parking space is required
for each employee
|
|
Service stations
|
2 off-street on-site parking spaces are required
for each bay, plus 1 for each service vehicle, but in no case less
than 5 spaces
|
|
Banks
|
1 off-street on-site parking space is required
for each 250 square feet of gross floor area, plus 1 additional space
for each employee
|
|
Each docking space
|
1 off-street on-site parking space is required
|
|
Trailer launching facilities separate from docking
space
|
10 off-street on-site parking spaces are required
with sufficient room to accommodate both car and trailer
|
|
Motels
|
1 on-site off-street parking space per unit
and 1 on-site off-street parking space for each full-time employee
are required, plus 10%
|
|
Auto sales, both new and used
|
1 on-site off-street parking space is required
for each full-time employee, and a minimum of 10 on-site off-street
parking spaces are required for customer parking
|
(1)
Notwithstanding other requirements of this section,
a single owner or a group of owners may meet the parking requirements
through the provision of off-street spaces within 200 feet of these
establishments through the provision of a common lot, provided that:
(a)
The purchase deed, instrument of joint venture
or other document of title to the property proposed for the off-street
parking contains restrictive covenants expressly providing that the
said property not be used for any purpose other than parking of motor
vehicles.
(b)
The lot is developed according to standards
established by the Borough Engineer and is landscaped and lighted
according to standards established by the Planning Board.
(2)
Five percent of all required parking shall be constructed
for and reserved for the handicapped in all commercial uses.
(3)
For exterior parking area, parking is permitted in
stalls at angles of 45° to 90°, subject to review and approval
by the Planning Board.
(4)
Width and length of access lanes will vary with angle,
subject to review and approval by the Planning Board.
(5)
With sufficient proof provided by the applicant to
the Planning Board that fewer parking spaces would be appropriate,
the Planning Board may permit some of the required spaces to remain
unpaved.
(6)
Parking areas are to blacktopped unless alternative
methods are approved by the Planning Board.
(7)
The standards discussed in "A Guide to Residential
Design Review," published by the New Jersey Department of Community
Affairs, Division of Local Governmental Services, Local Planning Assistance
Unit, may be applied by the Planning Board.
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit has been granted
before the enactment of this chapter, provided that construction from
such plans shall have been started within 60 days of enactment of
this chapter and shall be diligently pursued to completion.
No open space provided around any principal
building for the purposes of complying with the front, side, rear
or other yard provisions of this chapter shall be considered as providing
open space for meeting the same requirements for another principal
building.
All lots shall be filled with topsoil and/or
clean fill to allow complete surface draining of the lot into the
local storm sewer systems or natural drainage rights-of-way. No construction
shall be permitted upon a lot that retains puddles or pools of stagnant
water or that lies below the level of the groundwater table.[1]
[Amended 5-8-1997 by Ord. No. 213A]
Antennas which do not exceed a height of 200
feet and which are accessory to an otherwise permitted use, silos,
barns and other agricultural structures, church spires, cupolas, domes,
monuments, water towers, fire observation towers, electric transmission
lines and supporting structures, windmills, smokestacks, derricks,
conveyors, flagpoles and masts, or aerials, solar energy facilities,
chimneys and similar structures to be placed above the roof level
and not intended for human occupancy may be erected above the height
limits prescribed by this chapter, provided that the height of these
structures from their base is not greater than the distance from their
base to any property line.
All lots being filled shall be filled with clean
fill and/or topsoil to allow complete surface draining of the lot
into local storm sewer systems or natural drainage rights-of-way.
No construction shall be permitted which creates or aggravates water
stagnation or a draining problem on adjacent properties.
Buffer yards are required in all industrial
and business districts along the district boundaries between themselves
and residential districts. Buffer yards shall comply with the following
standards:
A.
The buffer yard shall be measured from the district
boundary line or from the near street line where a street serves as
the district boundary line.
B.
The buffer yard shall be required in the Village Industrial
District along the district boundary with any residential district
boundary lines.
C.
The buffer yard may be conterminous with required
front, side or rear yards, and in case of conflict, the larger yard
requirements shall apply.
D.
No structure, manufacturing or processing activity
or storage of materials, parking or loading shall be permitted in
the buffer zone.
E.
All buffer yards shall include a dense screen planting
of trees, shrubs or other plant materials to the full length of the
lot line to serve as a barrier to visibility, airborne particles,
glare and noise. Such screen planting shall be located within the
exterior 20 feet of the buffer yard and shall be in accordance with
the following requirements:
(1)
Plant materials used in the screen planting shall
be at least four feet in length when planted and be of such species
as will produce a complete visual screen of at least six feet in height.
(2)
The screen planting shall be maintained permanently,
and any plant material which does not live shall be replaced within
one year.
(3)
The screen planting shall be so placed that at maturity
it will be not closer than three feet from any street or property
line.
(4)
A clear sight triangle shall be maintained at all
street intersections and at all points where private accessways intersect
public streets.
[Amended 12-14-1995 by Ord. No. 265]
A.
General provisions.
(1)
No fence shall be erected of or include chicken wire,
barbed wire, topped with metal spikes or constructed of any material
or in any manner which may be dangerous to persons or animals, except
these provisions shall not apply to farms and commercial and industrial
uses.
(2)
All fences shall be erected within the owner's property
lines, and no fence shall encroach to any extent onto another property
unless the contiguous owners agree, properly record an easement memorializing
such agreement, and provide appropriate documentation thereof with
the permit application.
(3)
No fence shall encroach on a public right-of-way or
easement.
(4)
No fence shall obstruct visibility, interfere with
the flow of natural drainage, or cause any hazards.
(5)
With the exception of a fence constructed by the agreement of contiguous owners as set forth in Subsection A(2) above, all supporting members of a fence shall be located on the inside of the fence facing the owner's property and if erected along or adjacent to a property line the support members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
(6)
Fences which are painted or stained shall be painted
in only one color. Multicolor fences are prohibited.
(7)
All fences shall be owner-maintained in a safe, sound
and upright condition on secure foundations.
B.
Standards for residential uses shall be as follows:
C.
Business and industrial uses. Such fences may include
barbed wire or razor wire and may be a maximum of eight feet in height.
However, any such fence not complying with the residential standards
must be placed no closer than 15 feet to the front property line unless
waived by the Planning Board. The design, height and location of any
such fence not complying with the residential standard is subject
to Planning Board review and approval.
D.
Agricultural uses. Chicken wire, barbed wire and razor
wire may be used in fences necessary and directly incidental to the
active use of property for farming activities. Such fences shall,
however, be subject to the height limitations set forth above.
E.
Exceptions. Baseball and softball backstops and spectator
protective fencing are not subject to the height limitation of this
section. Tennis court fences are also exempt from the height limitations
of this section, provided that no portion of any such fence is located
in a front yard area and is a maximum of 50 feet from any side or
rear yard. Walls erected for the purpose of retaining earth are exempt
from the provisions of this section.
F.
Enforcement.
(1)
Before any fence is erected, a building permit must
be obtained and the request for the permit shall be accompanied by
a plan clearly setting forth the height, location and materials for
the proposed fence. The location of the fence in relation to all other
structures or buildings, as well as in relation to all streets, property
lines and yard areas shall be clearly set forth.
(2)
If the Zoning Officer finds any fence or portion thereof is not being adequately maintained as required by this section, the Zoning Officer shall notify the owner in writing and order the fence or portion repaired or removed within 30 days. If after such notice the fence is not repaired or removed as specified, the owner shall be subject to the provisions of Article VIII of this chapter regarding enforcement and penalties.
G.
Sight triangle.
(1)
On a corner lot in any district, sight triangles shall
be required in addition to the right-of-way, in which no grading,
planting or structures shall be erected or maintained more than three
feet in height.
(2)
Fences are permitted to a height of four feet, provided
that such a fence is open for at least 50% of its face.
(3)
The "sight triangle" is defined as that area outside
the right-of-way which is bounded by the intersecting street lines,
and the straight line connecting sight points, one each located on
the two intersecting street center lines the following distance away
from the intersecting center lines:
(4)
Where the intersecting streets are both arterial,
both collectors or one arterial and one collector, two overlapping
sight triangles shall be required with a sight point 90 feet on the
intersecting street.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in the rear yard areas only and shall meet the setback distances for accessory buildings as specified in Article V for each particular zoning district except that in no case may a swimming pool be located closer than 10 feet to any lot line.
[Amended 2-23-1989 by Ord. No. 217]
B.
A swimming pool shall occupy no more than 75% of the
rear yard area in which it is located.
C.
A private residential swimming pool area must be surrounded by suitable fence with a self-latching gate at least four feet in height but no more than six in height, and subject to the restrictions of § 200-36. Such a fence is not required for an aboveground or raised pool with an elevation of at least four feet and which has secured access such as a self-latching gate or raised step.
[Amended 12-14-1995 by Ord. No. 265]
[Added 11-9-2005 by Ord. No. 18-2005]
No trailer, auto trailer, travel trailer, mobile
home or camper shall be used for dwelling purposes or as a sleeping
quarters for one or more persons, nor shall any such trailer or camper
be used for storage or space for the permanent conduct of business,
profession, occupation or trade, except that such facilities may be
used temporary residency for the emergency replacement of a damaged
dwelling unit, seasonal agricultural housing and for use as a temporary
construction office located on a site during construction, provided
that a temporary permit has been issued by the Zoning Officer. In
addition, the use of mobile homes for seasonal agricultural employee
housing shall require Planning Board approval and shall be subject
to Pinelands noticing and review requirements. However, it shall not
be necessary for applicants for such temporary housing to obtain permits
annually unless a change in the housing has occurred or is proposed
from that which was previously approved. This section shall not be
construed as to prohibit the parking or storage of such trailers and
campers on private premises or the recreational use of the same in
campgrounds in conformance with all applicable ordinances and codes.
