[Amended 1-23-1996 by Ord. No. 96-4]
[1]
Editor's Note: Ordinance No. 2009-72, adopted 11-24-2009,
readopted in their entirety without change the following ordinances
that amend this article: Ord. Nos. 2008-39, 2008-88, 2009-12 and 2009-62.
A.
The governing body may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon. Such ordinance shall be adopted after the Planning Board has adopted the land use plan element and the housing plan element of the Master Plan, and all of the provisions of such zoning ordinance or any amendment or revision thereto shall either be substantially consistent with the land use plan element and the housing plan element of the Master Plan or designed to effectuate such plan elements, provided that the governing body may adopt a zoning ordinance or any amendment or revision thereto which in whole or in part is inconsistent with or is not designed to effectuate the land use plan element and the housing plan element of the Master Plan, but only by affirmative vote of a majority of the full authorized membership of the governing body, with the reasons of the governing body for so acting set forth in a resolution and recorded in the minutes of the governing body when adopting such a zoning ordinance, and provided further that, notwithstanding anything aforesaid, the governing body may adopt an interim zoning ordinance pursuant to § 425-359.
B.
A zoning ordinance shall be drawn with reasonable
consideration to the character of each district and its peculiar suitability
for particular uses so as to encourage the most appropriate uses of
land. The regulations in a zoning ordinance shall be uniform throughout
each district for each use of land or class or kind of building or
structure thereon, including planned unit development, planned unit
residential development and residential cluster, but the regulations
in one district may differ from those in other districts.
C.
No zoning ordinance or any amendment or revision thereto
shall be submitted to or adopted by initiative or referendum.
D.
A zoning ordinance shall provide for the regulation
of all airport safety zones, delineated under the Air Safety and Zoning
Act of 1983, N.J.S.A. 6:1-80 et seq., in conformity with standards
promulgated by the Commissioner of Transportation.
E.
A zoning ordinance shall provide for the regulation
of land adjacent to state highways in conformity with the State Highway
Access Management Code, adopted by the Commissioner of Transportation
in accordance with the State Highway Access Management Act of 1989,
N.J.S.A. 27:7-89 et seq., for the regulation of land with access to
county roads and highways in conformity with any access management
code adopted by the county in accordance with N.J.S.A. 27:161 et seq.,
and for the regulation of land with access to municipal streets and
highways in conformity with any municipal access management code adopted
in accordance with N.J.S.A. 40:67-1 et seq. This subsection shall
not be construed as requiring a zoning ordinance to establish minimum
lot sizes or minimum frontage requirements for lots adjacent to but
restricted from access to a state highway.
F.
A zoning ordinance may include districts for planned
developments, provided that an ordinance providing for approval of
subdivisions and site plans by the Planning Board has been adopted
which incorporates therein the provisions for such planned developments
in a manner consistent with N.J.S.A. 40:55D-37 et seq. The zoning
ordinance shall establish standards governing the type and density
or intensity of land use in a planned development. Said standards
shall take into account that the density or intensity of land use
otherwise allowable may not be appropriate for a planned development.
The standards may vary the type and density or intensity of land use
otherwise applicable to the land within a planned development in consideration
of the amount, location and proposed use of common open space, the
location and physical characteristics of the site of the proposed
planned development and the location, design and type of dwelling
units and other uses. Such standards may, in order to encourage flexibility
of housing density, design and type, authorize a deviation in various
residential clusters from the density or intensity of land use established
for an entire planned development. The standards and criteria by which
the design, bulk and location of buildings are to be evaluated shall
be set forth in the zoning ordinance, and all standards and criteria
for any feature of a planned development shall be set forth in such
ordinance with sufficient certainty to provide reasonable criteria
by which specific proposals for planned development can be evaluated.
G.
A zoning ordinance may designate and regulate historic
sites or historic districts and provide design criteria and guidelines
therefor. Said designation and regulation shall be in addition to
such designation and regulation as the zoning ordinance may otherwise
require. All historic sites and historic districts designated in the
zoning ordinance shall be based on identifications in the historic
preservation plan element of the Master Plan. The governing body may,
at any time, adopt by affirmative vote of a majority of its authorized
membership, a zoning ordinance designating one or more historic sites
or historic districts that are not based on identifications in the
historic preservation plan element of the Master Plan with the reasons
of the governing body for so acting set forth in a resolution and
recorded in the minutes of the governing body.
A protest against any proposed amendment or
revision of a zoning ordinance may be filed with the City Clerk, signed
by the owners of 20% or more of the area either of the lots or land
included in such proposed change or of the lots or land extending
200 feet in all directions therefrom, inclusive of street space, whether
within or without the municipality. Such amendment or revision shall
not become effective following the filing of such protest except by
the favorable vote of 2/3 of all the members of the governing body
of the municipality.
Prior to the hearing on adoption of a zoning ordinance or any amendment or revision thereto, the governing body shall refer any such proposed ordinance or amendment or revision thereto to the Planning Board pursuant to § 425-25.
It is the purpose of this article to regulate
the nature and extent of the uses of land and of buildings and structures
thereon to promote and protect the public health, safety and welfare.
More specifically, it is the purpose of this article to:
A.
Limit and restrict buildings and structures to specified
districts, regulate buildings and structures according to their type
and the nature and extent of their use and regulate the nature and
extent of the use of land for trade, industry, residence, open space
or other purposes.
B.
Regulate the bulk, height, number of stories, orientation
and size of buildings and structures; the percentage of a lot or development
area that may be occupied by structures; lot sizes and dimensions;
and for these purposes, specify floor area ratios and other ratios
and regulatory techniques governing the intensity of land use and
the provision of adequate light and air, including, but not limited
to, the potential for utilization of renewable energy sources.
C.
Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements, including but not limited to off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities, which shall be subject to the provisions of § 425-52.
D.
Designate and regulate areas subject to flooding pursuant
to N.J.S.A. 58:16A-55 et seq., or as otherwise necessary in the absence
of appropriate flood hazard area designations pursuant to N.J.S.A.
58:16A-50 et seq., or floodway regulations pursuant to N.J.S.A. 58:16A-55
et seq., or minimum standards for local fringe area regulations pursuant
to N.J.S.A. 58:16A-55 et seq.
F.
Provide for senior citizen community housing.
G.
Require, as a condition for any approval which is
required pursuant to this chapter and the provisions of this article,
that no taxes or assessments for local improvements are due or delinquent
on the property for which any application is made.
H.
Preserve the integrity of Pinelands areas, historic
sites and districts.
No building or structure shall hereafter be
erected, moved, structurally altered, rebuilt or enlarged except as
provided herein nor shall any land be used for any purpose other than
those allowable in each zoning district as designated herein (i.e.,
any use not enumerated in the applicable zone as a permitted use,
a conditional use in which all specific standards are met or as an
allowable accessory use associated with a permitted use shall be prohibited);
nor shall open space contiguous to any building be reduced in any
way except to conform to the provisions of this article and this chapter.
A.
Words and phrases used in this article shall have
the meanings set forth in this article. Words and phrases not defined
in this article, but defined elsewhere in this chapter, shall be given
the meanings set forth in said chapter. Words and phrases not defined
in this chapter, but defined in the New Jersey Annotated Code or the
New Jersey Statutes Annotated, shall be given the meanings set forth
in said code or statutes. For words and phrases for which no definition
is available in this chapter or in the New Jersey Annotated Code or
the New Jersey Statutes Annotated, the Illustrated Book of Development
Definitions, authored by Harvey S. Moskowitz and Carl G. Lindbloom,
published by Rutgers University in 1981, may be used as a guide. All
other words and phrases shall be given their common, ordinary meanings,
unless the context clearly requires otherwise.
B.
ACCESSORY APARTMENT
(1)
(2)
(3)
(4)
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
ACTIVE RECREATIONAL USE
ADMINISTRATIVE OFFICER
ADULT BOOK STORE
AFFORDABLE HOUSING
AGE-RESTRICTED HOUSING
AGRICULTURAL EMPLOYEE HOUSING
AGRICULTURAL OR HORTICULTURAL OPERATION
AIRPORT
AMUSEMENT FACILITY
ANIMAL HOSPITAL
ANIMAL OR POULTRY PROCESSING (SLAUGHTERING)
ANTENNA
AREA-NET
ARTICULATED VEHICLE
ASSISTED LIVING or ASSISTED LIVING FACILITY
ASTROLOGERS, CARDREADERS, PSYCHICS
AUTO BODY SHOP
AUTO WRECKING YARD
AVERAGE FINISHED GRADE
BANK
BAR
BASEMENT
BELFRY
BILLBOARD
BITUMIN PRODUCT
BOARDINGHOUSE
BOWLING ALLEY
BUFFER
BUILDING
BUILDING HEIGHT
BUILDING LINE
BULK VARIANCE
BUSINESS OFFICE
BUSINESS OR INDUSTRIAL ZONE
CAFETERIA
CAMPGROUND
CANNABIS (MEDICAL AND ADULT USE)
CAR WASH
CATTERY
CELLAR
CEMETERY
CERTIFICATE OF OCCUPANCY
CERTIFICATE OF ZONING COMPLIANCE
CERTIFICATION OF NONCONFORMING USE, BUILDING OR STRUCTURE
CHILD-CARE CENTER
CHIMNEY
CHURCH, CONGREGATION
COFFEE SHOP
COMMENCEMENT OF USE
COMMERCIAL INCINERATION OR REDUCTION OF WASTE PRODUCTS
COMMERCIAL PRODUCTION GREENHOUSE
COMMERCIAL/INDUSTRIAL OPERATION
COMMON OPEN SPACE
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
COMMUNITY SHOPPING CENTER
COMPOSTING FACILITY
CONCRETE MIXING PLANT
CONDITIONAL USE
CONDOMINIUM
CONSERVATION ACTIVITY
CONTRACTOR'S YARD
CONVALESCENT CENTER
CONVALESCENT HOME
CONVENIENCE STORE
CONVERSION
COOPERATIVE
CORNER LOT
CORPORATE OFFICE
CREMATORIUM
CUPOLA, DOME
DENSITY
DEPTH-NET
DEVELOPABLE LAND or DEVELOPABLE LAND AREA
DEVELOPMENTALLY DISABLED PERSON
DISTRICT
DRIVE-IN RESTAURANT
DRIVE-IN THEATER
DWELLING UNIT
EMISSION
ENVIRONMENTAL EQUIPMENT
EQUIPMENT RENTAL BUSINESS
EQUIPMENT STORAGE BUILDING
ESTABLISHMENT WHICH DOES TATTOOING, MASSAGE, BODY PIERCING
ESTABLISHMENT WHICH TRADES OR SELLS USED MERCHANDISE
FABRICATION
FACADE-FRONT
FAMILY
FAMILY DAY-CARE HOME
FARM
FARM BUILDING
FAST-FOOD RESTAURANT
FENCING
FLEA MARKET
FOOD PROCESSING
FORESTRY
FOSTER CHILDREN
FRONTAGE
FUEL STORAGE YARD
FUNERAL HOME
GARDEN APARTMENT BUILDING
GARDEN EQUIPMENT SALES
GARDEN SUPPLY STORE
GASOLINE STATION
GENERAL REPAIR GARAGE
GOLF COURSE
GOVERNING BODY
GOVERNMENTAL FACILITY
GOVERNMENTAL OFFICE
GOVERNMENTAL YARD
GROSS BUILDING AREA
GROSS FLOOR AREA
GROUNDWATER REMEDIAL ACTION
(1)
(2)
(3)
GROUP HOME
HALFWAY HOUSE
HEALTH-CARE FACILITY
HELIPAD
HELIPORT
HELISTOP
HIGHWAY
HISTORIC DISTRICT
HISTORIC SITE
HOME OCCUPATION
HORIZONTAL PROPERTY REGIME
HOSPITAL
HOSTEL
HOTEL
HOUSEHOLD PETS
INCINERATION OR REDUCTION OF WASTE PRODUCTS
INDOOR RECYCLING OPERATION
INDOOR THEATER
IN-HOME OFFICE
INSIDE LOT
INTENDED ABANDONMENT
INTERMEDIATE-CARE FACILITY
JUNKYARD
KENNEL
LAND
LAUNDROMAT
LINEN AND/OR DIAPER SERVICE
LIVESTOCK
LOT
LOT AREA-GROSS
LOT AREA-NET
LOT COVERAGE-BUILDING
LOT COVERAGE-IMPERVIOUS
LOT WIDTH
MAIN WORK SHIFT
MAJOR APPLIANCE STORE
MANUFACTURE
MASS PRODUCTION POTTERY OR CERAMICS
MEDICAL CENTER
MEDICAL OFFICE
MEDICAL RESEARCH or MEDICAL RESEARCH FACILITY
MENTALLY ILL PERSON
MID-RISE APARTMENT BUILDING
MINOR ARTERIAL STREET
MOBILE HOME PARK
(1)
(2)
MODEL HOME
MOTEL
MOTOR VEHICLE AND EQUIPMENT STORAGE/REPAIR GARAGE
NEW AND USED CAR SALES
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONHAZARDOUS WASTE REDUCTION FACILITY
OFFICE
ON-SITE WASTE DISPOSAL
OPEN SPACE
ORNAMENTAL CORNICE
OTHER USE
OUTDOOR AMUSEMENT
OUTDOOR STORAGE
OUTDOOR TELEPHONE BOOTH
OVERDEVELOPMENT
OVERLAY AREA
PARAPET WALL
PARKING
PARKING LOT
PARTIAL DESTRUCTION
PASSENGER TERMINAL FACILITY
PASSIVE RECREATIONAL USE
PERMITTED USE
PERSON WITH HEAD INJURY
PERSONAL RECREATIONAL FACILITY
PERSONAL SERVICE SHOP
PET SHOP
PIGGERY
PLANNED COMMERCIAL DEVELOPMENT
PLANNED DEVELOPMENT
PLANNED INDUSTRIAL DEVELOPMENT
PLANNED UNIT DEVELOPMENT
PLANNED UNIT RESIDENTIAL DEVELOPMENT
PLOT PLAN
PRIME OR UNIQUE AGRICULTURAL SOILS
PRINCIPAL BUILDING
PRINTING AND PUBLISHING
PRIVATE AIRFIELD
PRIVATE GARAGE
PRODUCE MARKET
PROFESSIONAL BUILDING
PROFESSIONAL OFFICE
PROHIBITED USE
PUBLIC AND PRIVATE NONPROFIT DAY SCHOOL
PUBLIC BUS SHELTER
PUBLIC GARAGE
PUBLIC PURPOSE USE
PUBLIC UTILITY
PUBLIC UTILITY FACILITY
PUBLIC UTILITY OFFICE
PUBLIC UTILITY YARD
QUADRUPLEX
QUASI-PUBLIC
RADIO/TELEVISION STUDIO
RECREATIONAL FACILITY
RECREATIONAL VEHICLE
RECYCLED MATERIAL
RECYCLING OPERATION
RENEWABLE ENERGY RESOURCE
RESIDENTIAL CLUSTER
RESIDENTIAL USE
RESIDENTIAL ZONE
RESOURCE EXTRACTION
RESTAURANT
RETAIL GREENHOUSE
RETAIL OUTLET
RETAIL SALES
RETAIL STORE
RIDING ACADEMY
RIGHT-OF-WAY
ROAD
ROADSIDE STAND
ROOMING HOUSE
SALON
SCHOOL
SELF-STORAGE BUSINESS
SENIOR DAY CARE
SEWERAGE INDUSTRIAL PRETREATMENT SYSTEM
SEWERAGE TREATMENT PLANT
SIGN BUSINESS
SILO
SINGLE HOUSEKEEPING UNIT
SINGLE-FAMILY DWELLING
SINGLE-ROOM OCCUPANCY
SITE PLAN
SKATING RINK
SKYLIGHT
SMALL CONTRACTOR'S YARD
(1)
(2)
(3)
(4)
SPECIALIZED REPAIR GARAGE
SPORTSMEN'S CLUB OR LODGE
STEAM BATH
STONE-CRUSHING OPERATION
STORAGE SHED
STORY
STREET
STRUCTURE
SUBDIVISION
(1)
(2)
(3)
(4)
(5)
SUBSTANCE ABUSE COUNSELING OR TREATMENT CENTER
SUPERMARKET
TAVERN
TAXI OR BUS STOP
TEMPORARY USE PERMIT
TENANT
TOWING FACILITY
TOWNHOUSE
TRASH ENCLOSURE
TRIPLEX
TRUCK TERMINAL
TWO-FAMILY DWELLING
UNIT OF DWELLING SPACE
USE VARIANCE
VARIANCE
VENTILATOR
VIDEO ARCADE
VOCATIONAL ACTIVITY
VOCATIONAL TRAINING FACILITY (INDUSTRIAL)
VOCATIONAL TRAINING FACILITY (NONINDUSTRIAL)
WAREHOUSING
WASTE ENCLOSURE
WASTE STORAGE, DISPOSAL OR TRANSFER FACILITY
WATER TANK
WEATHER SHELTER
WHOLESALE LUMBER YARD
WHOLESALE OPERATION
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONE
ZONING OFFICER
ZONING ORDINANCE
ZONING PERMIT
The following definitions shall be applicable to this
article:
Any separate and complete dwelling unit that is contained
within a single-family dwelling which is generally, but not always,
intended for occupancy by extended family members. For purposes of
this chapter, an accessory apartment shall be characterized by all
of the following:
The accessory apartment shall be serviced by
the single-family dwelling's utilities.
The accessory apartment shall have the same
mailing address as the single-family dwelling.
There shall be free access between the accessory
apartment and other portions of the single-family dwelling.
The resident or residents of the accessory apartment
shall not pay rent.
Any subordinate building or structure located on the same
lot as the principal building or structure, which is detached from
and customarily incidental to the principal building or structure.
Any subordinate use located on the same lot as the principal
use, which is customarily incidental to the principal use.
Any leisure-time activity, usually of a more formal nature
and performed with others, often requiring equipment, which takes
place at prescribed places, sites or fields.
The Zoning Officer for purposes of this article, unless a
different municipal official is designated by ordinance or statute.
Any retail store selling publications and other material
of a sexual nature.
Housing with a sales price or rent within the means of a
low- and moderate-income household, as defined in N.J.A.C. 5:94-7.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
Housing designed to meet the needs of, and exclusively for,
the residents of an age-restricted segment of the population where
the head of the household is a minimum age of either 62 years or 55
years and meets the provisions of 42 U.S.C. § 3601 et seq.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
Any residential structure located upon a farm to house agricultural
employees working on said farm.
The production of plants, animals, poultry, bees, forest
products, fruit or flowers with all related pursuits.
Any place where aircraft can land and take off, usually equipped
with hangars, facilities for refueling and repair and various accommodations
for passengers.
Any establishment which maintains amusement devices, including
but not limited to billiard tables (more than two), pool tables (more
than two) and coin-operated pinball machines (more than three).
Any place where animals or pets are given medical or surgical
treatment by a veterinarian. For purposes of this chapter, boarding
of animals shall be limited to short-term care incidental to the hospital
use.
Any establishment where animals or poultry are killed for
market.
Any system of wires, poles, rods, towers, reflecting discs
or similar devices used for the transmission or reception of electromagnetic
waves.
The total area of a lot, excluding any public right-of-way.
Any truck with a short chassis and no body used in combination
with a trailer for the hauling of freight, commonly referred to as
a "tractor-trailer."
Residences for the frail elderly that provide rooms, meals,
personal care, and supervision of self-administered medication. They
may provide other services such as recreational activities, financial
services and transportation.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
Persons that profess to foretell future events.
Any public garage where motor vehicle bodies are painted
and/or repaired. No motor vehicle shall remain at an auto body shop
for longer than six months, for purposes of this chapter.
Any property or part thereof where unregistered, inoperative
motor vehicles are collected, stored, salvaged, processed or sold.
The average final elevation of the ground surface surrounding
a building or structure following development. For purposes of this
chapter, average finished grade shall be calculated by determining
the mean of the exterior final elevations at the corners of a building
or structure.
Any establishment for the custody, loan, exchange or issue
of money; for the extension of credit; and for facilitating the transmission
of funds.
Any establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for consumption
on the premises. For purposes of this chapter, outdoor entertainment
or recreation shall not be considered an accessory use for a bar.
Any space having 1/2 or more of its floor-to-ceiling height
above the average finished grade of a building.
Any bell tower.
Any sign which directs attention to a business, product,
service or entertainment conducted, sold or offered at a location
other than the property on which the sign is located. A billboard
may also be a sign with no commercial message. Except in the Pinelands
area of the City, "billboard," for purposes of this chapter, shall
not include signage placed upon New Jersey Transit weather shelters
within the public right-of-way, if approved by City Council.
Any product which is derived from various mixtures of hydrocarbons
and other substances, occurring naturally or obtained by distillation
from coal or petroleum, found in asphalt and tar, and used for surfacing
roads and for waterproofing, whether refined, blended, processed or
manufactured.
[Added 9-8-2009 by Ord. No. 2009-62]
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel, motel or established
guest house wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only (no more than 90 days); any foster
home as defined in N.J.S.A. 30:4C-26.1; any community residence for
the developmentally disabled and any community residence for the mentally
ill as defined in N.J.S.A. 30:11B-2; any dormitory owned or operated
on behalf of any nonprofit institution of primary, secondary or higher
education for the use of its students; any building arranged for single
room occupancy wherein the units of dwelling space are occupied exclusively
by students enrolled in a full-time course of study at an institution
of higher education approved by the Department of Higher Education;
any facility or living arrangement operated by, or under contract
with, any state department or agency, upon written authorization of
the Commissioner of the Department of Community Affairs; and any owner-occupied
single-family residential dwelling made available for occupancy by
not more than six guests, where the primary purpose of the occupancy
is to provide charitable assistance to the guests and where the owner
derives no income from the occupancy. A dwelling shall be deemed "owner-occupied,"
within the meaning of this definition, if it is owned or operated
by a nonprofit religious or charitable association or corporation
and is used as the principal residence of a minister or employee of
that corporation or association. For purposes of this article, "personal
services" means any services permitted or required to be furnished
by an owner or operator to a resident, other than shelter, including
but not limited to meals or other food services and assistance in
dressing, bathing or attending to other personal needs, and "financial
services" means any assistance permitted or required by the Commissioner
of the Department of Community Affairs to be furnished by an owner
or operator to a resident in the management of personal financial
matters, including but not limited to the cashing of checks, holding
of personal funds for safekeeping in any manner, or assistance in
the purchase of goods or services with a resident's personal funds.
Any facility which by design and construction is intended
to be utilized for bowling.
Any strip of land intended to visibly and physically separate
adjacent properties.
Any combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical dimension measured between the average finished
grade of the building or structure to the mid-point between deckline
and parapet in the case of a flat roof, to the deck of a mansard roof,
and to the average height between the plate and ridge of a gable,
hip or gambrel roof.
The line formed by the intersection of a horizontal plane
at the average finished grade of a building or structure and a vertical
plane that coincides with the exterior of said building or structure
on any side. In the case of a cantilevered section of a building,
the vertical plane shall coincide with the most projected surface.
In the case of rooflines which project beyond the outside walls of
the building, the vertical plane shall coincide with the most projected
point of the roof. NOTE: All yard standards are measured from the
building line.
Any variance as described by N.J.S.A. 40:55D-70c.
Any office, other than a professional office, rendering services
on a fee or contract basis.
I-1, I-B, I-2, I-3, I-4, B-1, B-2, B-3 and B-4 Zones, for
purposes of this chapter.
Any restaurant in which the customers serve themselves or
are served at a counter and take the food to tables to eat.
Any property upon which two or more campsites are located,
established or maintained for occupancy by camping units (e.g., tents,
cabins, trailers, motor homes) of the general public as temporary
living quarters for recreation, education or vacation purposes.
All parts of the plant Cannabis sativa L. All definitions related to the regulation of medical and adult use cannabis are contained in Article XXVII, Medical and Adult Use Cannabis. As with N.J.S.A. 24:61-1 et al., the governing statutes, the term "cannabis" relates to adult use, so as to contrast with "medical cannabis."
[Added 12-14-2021 by Ord. No. 2021-73]
Any public garage where motor vehicles are cleaned, washed
or waxed, whether self-serve or mechanical.
Any establishment wherein or whereon the business of boarding,
breeding or selling cats is carried on, except a pet shop. For purposes
of this chapter, pet grooming may be considered an accessory use for
a cattery.
Any space having less than 1/2 of its floor-to-ceiling height
above the average finished grade of a building.
Any property used for interring the dead.
Any document issued by the Department of Licenses and Inspections
allowing the occupancy or use of a building or structure and certifying
that the building or structure has been constructed or will be used
in compliance with all the applicable City codes and ordinances.
Any document signed by the Zoning Officer and supplied to
a prospective purchaser, prospective mortgagee or any other person
interested in any land upon which a use, building or structure exists,
which acknowledges that such use, building or structure complies with
the provisions of this chapter or authorized variance therefrom.
Any document signed by the Zoning Officer and supplied to
a prospective purchaser, prospective mortgagee or any other person
interested in any land upon which a use, building or structure exists,
certifying that the use, building or structure existed before the
adoption of the ordinance which rendered the use, building or structure
nonconforming.
Any private establishment, as licensed in accordance with
N.J.S.A. 30:5B-1 et seq., enrolling four or more children between
two and five years of age, where tuition, fees or other forms of compensation
for the care of the children is charged.
Any structure containing one or more flues for drawing off
emissions from stationary sources of combustion.
Any place, a building or structure, or a group of buildings
or structures, which by design and construction are primarily intended
for the conducting of organized religious services and accessory uses
associated therewith. Accessory uses shall be limited to a kitchen,
a meeting hall, a child-care area for utilization during services
and residential units for clergy, for purposes of this chapter.
Any establishment that primarily sells coffee and other refreshments.
The establishment of a use when all governmental regulatory
controls are met.
Incineration or reduction of waste products not generated
on site, for purposes of this chapter.
Any building whose roof and sides are made largely of glass
or other transparent or translucent material in which temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale for a farm.
Farm machinery or earthmoving equipment rental, sales and
service, or a like use, for purposes of this chapter.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
[Added 6-27-2006 by Ord. No. 2006-52]
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 persons with head
injuries, who require assistance, temporarily or permanently, in order
to live in the community, and shall include, but not be limited to,
group homes, halfway houses, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health-care
facility within the meaning of the Health Care Facilities Planning
Act, N.J.S.A. 26:2H-1 et seq.
[Added 2-12-2002 by Ord. No. 2002-3]
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements, and hostels.
Such a residence shall not be considered a health-care facility within
the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1
et seq. In the case of such community residence housing mentally ill
persons, such residence shall have been approved for a purchase of
service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services.
[Added 2-12-2002 by Ord. No. 2002-3[1]]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
[Added 2-12-2002 by Ord. No. 2002-3]
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services, pursuant to N.J.S.A. 30:14-1
et seq., providing food, shelter, medical care, legal assistance,
personal guidance and other services to not more than 15 persons who
have been victims of domestic violence, including any children of
such victims, who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
Any shopping center serving a regional market. For purposes
of this chapter, a community shopping center shall not have a gross
floor area of less than 250,000 square feet.
Any disposal facility where vegetative waste is degraded
by microorganisms in a controlled process.
Any facility which mixes a cementing material, such as portland
cement, and a mineral aggregate, such as sand and gravel, to form
a strong building material.
Any use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this Zoning Ordinance and upon the issuance of an
authorization therefor by the Planning Board.
Any condominium formed under the Condominium Act, N.J.S.A.
46:8B-1 et seq. More explicitly, "condominium" means a building or
group of buildings in which units are owned individually while the
structures, common areas and facilities are owned by all the owners
on a proportional, undivided basis.
The utilization of land by public or nonprofit entities for
the intended purpose of protection and enhancement of resource values.
Such activities shall include, but not be limited to, fish and wildlife
areas, bird sanctuaries, nature areas and historic sites.
Any facility which by design and construction is primarily
intended for the storage and maintenance of equipment and the storage
of construction materials for a contractor involved in a building
trade.
A facility that provides short-term, primarily inpatient
care, treatment, and/or rehabilitation services for persons recovering
from illness or injury who do not require continued hospitalization.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
Any facility or institution, whether public or private, providing
therein nursing care to sick, invalid, infirm, disabled or convalescent
persons in addition to lodging and board or health-related service,
or any combination of the foregoing.
Any retail establishment offering for sale prepackaged food
products, household items and other goods commonly associated with
the same and having a gross floor area of less than 5,000 square feet.
Any change in the use of land or of a building or structure.
Any cooperative, as defined under The Cooperative Recording
Act of New Jersey, N.J.S.A. 46:8D-1 et seq.
Any lot or parcel of land abutting two or more streets at
their intersection or upon two parts of the same street forming an
interior angle of less than 135°.
Any administrative headquarters of a business or industry
which, for purposes of this chapter, is characterized as a single
employer with over 50 employees working on site and as a facility
primarily serving a regional, national or international client base
not a local, walk-in clientele.
Any establishment containing a furnace for cremating (reducing
to ashes) the dead.
Any small structure built on top of a roof.
The intensity of land use or the permitted number of dwelling
units per area of land to be developed. "Gross density" means the
number of dwelling units per lot area-gross, while "net density" means
the number of dwelling units per lot area-net, for purposes of this
chapter.
The depth of a lot, exclusive of public right-of-way, measured
in accordance with the provisions of this chapter.
Land that is free of constraints to development and that
has access to an improved roadway. Constraints to development include,
but are not necessarily limited to, the following: wetlands and wetland
transition areas; stream corridors; flood hazard areas; steep slopes
of 15% or greater; easements; and legal impediments.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
Any person who is developmentally disabled as defined in
N.J.S.A. 30:11B-2.
Zone. For purpose of this chapter, "district," "zone" and
"zoning district" are synonymous terms.
Any building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where all or a significant
portion of said consumption takes place or is designed to take place
outside the confines of the building, often in a motor vehicle on
the site.
Any open lot with its appurtenant facilities devoted primarily
to the showing of motion pictures or theatrical productions on a paid-admission
basis to patrons seated in automobiles.
One or more rooms physically arranged so as to create an
independent housekeeping unit for occupancy by one family. Kitchen,
bathroom and sleeping facilities shall not be shared with any other
unit for purposes of this chapter.
Any discharge of pollutants into the air.
Equipment which may be required by the Environmental Protection
Agency or by the Department of Environmental Protection.
Any retail establishment, other than a commercial/industrial
operation, which rents equipment.
Any building or structure used by the associated permitted
use for general storage.
[Amended 9-11-2001 by Ord. No. 2001-67]
Any personal service shop which does tattooing, massage and/or
body piercing.
Any retail store which trades or sells used merchandise,
including but not limited to a flea market, pawn shop, used furniture
store, antique shop or thrift store.
The process of constructing or assembling a product from
diverse and usually standardized parts.
The exterior wall of a building or structure generally, but
not always, oriented toward a public right-of-way, which is intended
to be the front of the building or structure.
One or more individuals occupying a dwelling unit and living
as a single housekeeping unit.
Any private residence in which child-care services are provided
for a fee to no less than three and no more than five children at
any one time for no less than 15 hours per week and which is registered
pursuant to the Family Day Care Provider Registration Act, N.J.S.A.
30:5B-16 et seq. A child being cared for under the following circumstances
is not included in the total number of children receiving child-care
services:
Any parcel of land used for agricultural activities. More
explicitly, "farm" means a parcel of land used for the production,
keeping or maintenance, for sale, lease or personal use, of plants
and animals useful to man, including but not limited to forages and
sod crops; grains and seed crops; dairy animals and dairy products;
poultry and poultry products, livestock, including beef cattle, sheep,
pigs, horses, ponies, mules and goats; bees and apiary products, fur
animals; fruits of all kinds, including nuts and berries; vegetables;
and nursery, floral, ornamental and greenhouse products. An agricultural
or horticultural operation shall be considered a farm for purposes
of this chapter.
Any building or structure used for livestock, equipment,
storage of supplies or harvested crops, or for preparation of crops
for market.
Any establishment whose principal business is the sale of
preprepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant
building or off the premises.
Any artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
Any occasional or periodic sales activity held within a building,
structure or open area where groups of individual sellers offer goods,
new and/or used, for sale to the public. A private garage sale shall
not be considered a flea market for purposes of this chapter.
Any industrial use whereby food is processed or otherwise
prepared for consumption.
The growing and harvesting of trees for commercial purposes.
Children who are placed with families in a dwelling unit
by the Division of Youth and Family Services in the Department of
Institutions and Agencies or a duly incorporated child-care agency.
The side or sides of a lot abutting any constructed public
right-of-way. For a lot having discontinuous segments abutting a constructed
public right-of-way, each segment shall be considered a separate frontage
having to meet ordinance standards. For a lot abutting more than one
constructed public right-of-way, such as a corner lot, each side abutting
a constructed public right-of-way shall be considered a separate frontage
having to meet ordinance standards. The portion of a lot abutting
a stub street or a stub end of a temporary cul-de-sac shall not be
considered frontage, and any part of a stub street or stub end of
a temporary cul-de-sac shall not be used for access for purposes of
this chapter.
[Amended 7-23-2002 by Ord. No. 2002-49; 11-7-2005 by Ord. No. 2005-83]
Any commercial facility where fuel is stored. A gasoline
station shall not be considered a fuel storage yard for purposes of
this chapter.
Any building used for the preparation of the deceased for
burial and the display of the deceased and ceremonies connected therewith
before burial or cremation.
Any building containing between three and 15 dwelling units,
inclusive, where access is provided by a common hall. Dwelling units
can be located on top of each other, side by side or back to back
for purposes of this chapter.
Any indoor and/or outdoor retail establishment where lawn
and garden equipment is sold. Said equipment shall include, but not
be limited to, lawnmowers, lawn tractors, rotary cultivators and leaf
mulchers.
Any indoor and/or outdoor retail establishment where garden
and landscaping materials are sold. Said materials shall include,
but not be limited to, trees, shrubs, bedding plants, fertilizer,
wood chips, mulch and decorative stone.
Any facility where gasoline, diesel fuel and motor oil are
sold. A portion of the facility, not to exceed 2% of the lot area-net
up to a maximum gross floor area of 1,000 square feet, may be devoted
to the erection of a building for an office, shelter or convenience
outlet to allow for the retail sale of items as would typically be
available in a convenience store for purposes of this chapter.
Any commercial establishment primarily engaged in furnishing
general automotive repairs to the public. For purposes of this chapter,
no unregistered, inoperable motor vehicles shall be maintained at
a general repair garage.
Any facility used for playing golf with tees, greens, fairways
and hazards. A golf course may contain a clubhouse or shelter which
is clearly incidental to the golf course use of the property for purposes
of this chapter.
The chief legislative body of the municipality.
Any facility of a governmental body, other than a governmental
office or a governmental yard (i.e., federal, state, county, municipal,
authority or school board facility). Said facilities shall include,
but not be limited to, water supply wells or tanks, sewerage pumping
stations, fire stations, police stations, stormwater basins and parks.
Any office of a governmental body (i.e., federal, state,
county, municipal, authority or school board office).
Any facility which by design and construction is primarily
intended for the storage and maintenance of equipment and the storage
of construction materials of a governmental body (i.e., federal, state,
county, municipal, authority or school board yard).
The area a building or structure occupies upon a lot, as
dimensioned from vertical planes dropped from the outermost points
of said building or structure not from the exterior face or exterior
walls (i.e., gross building area includes roof overhangs).
The sum of the gross horizontal areas of the several floors
of a building or structure measured from the exterior face of exterior
walls, or from the center line of a common wall separating two buildings,
but not including interior parking spaces, loading space for motor
vehicles or any space where the floor-to-ceiling height is less than
six feet. The gross horizontal area of a basement or cellar is included
in the calculation of gross floor area if used for anything other
than heating, mechanical or similar equipment, for purposes of this
chapter.
The removal or abatement of pollutants in groundwater, and
includes dewatering activities performed in connection with the removal
or replacement of underground storage tanks, as defined in N.J.S.A.
58:10A-22, except that, as used herein, underground storage tanks
shall include:
Farm underground storage tanks of 1,100 gallons
or less in capacity used for storing motor fuel for noncommercial
purposes.
Underground storage tanks used to store heating
oil for on-site consumption in a nonresidential building with a capacity
of 2,000 gallons or less.
Underground storage tanks used to store heating
oil for on-site consumption in a residential building.
Any single-family dwelling, recognized as a group home by
the Department of Institutions and Agencies, which is used for the
placement of children; provided, however, that no such home shall
contain more than 12 children.
Any profit or nonprofit boardinghome, rest home or other
home for the sheltered care of adult persons which, in addition to
providing food and shelter to four or more persons unrelated to the
proprietor, also provides any personal care or service beyond food,
shelter and laundry.
Any facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including but not limited to a general hospital, special hospital,
mental hospital, public health center, diagnostic center, treatment
center, rehabilitation center, extended-care facility, skilled nursing
home, nursing home, intermediate care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, outpatient clinic, dispensary,
home-health-care agency, boardinghome or other home for sheltered
care, and bioanalytical laboratory or central services facility serving
one or more such institutions, but excluding institutions that provide
healing solely by prayer.
Any helistop.
Any area, either at ground level or elevated on a structure,
licensed or approved for the loading and takeoff of helicopters, and
including auxiliary facilities such as parking, waiting room, fueling
and maintenance equipment.
Any area, either at ground level or elevated on a structure,
licensed or approved for the loading and takeoff of helicopters, with
no auxiliary facilities such as parking, waiting room, fueling and
maintenance equipment.
Any street.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration, or any portion or group of the foregoing of historical,
archeological, cultural, scenic or architectural significance.
Any professional office or vocational activity carried out
for gain by a resident, conducted as a permitted use in the resident's
single-family dwelling.
Any horizontal property regime formed under the Horizontal
Property Act, N.J.S.A. 46:8A-1 et seq.
Any institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
Any supervised lodging facility, usually intended for young
travellers.
Any facility offering transient lodging accommodations to
the general public, which may provide additional services such as
restaurants, meeting rooms and recreational facilities.
Domestic animals generally kept for pleasure rather than
utility, such as dogs and cats.
Any controlled process by which solid, liquid or gaseous
combustible wastes are burned and changed into gases and residue containing
little or no combustible material.
Any recycling operation where all activities are conducted
indoors.
Any building or part of a building devoted to showing motion
pictures or for dramatic, musical or live performances.
Any office within a single-family dwelling which is used
only for making phone calls and doing paperwork for an enterprise
conducted off site. Such an office shall have no identification sign
and shall receive no business visitation.
Any lot or parcel of land not abutting two or more streets
at their intersection or not upon two parts of the same street forming
an interior angle of less than 135°.
Any relinquishment of property or a cessation of the use
of the property by the owner, with the intention neither of transferring
the rights to the property to another owner nor of resuming the use
of the property.
Any facility which provides, on a regular basis, health-related
care and services to individuals who do not require the degree of
care and treatment which a hospital or skilled nursing facility is
designated to provide, but who, because of their mental or physical
condition, require care and services above the level of room and board
which can be made available to them only through institutional facilities
such as these.
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials, machinery or two or more unregistered,
inoperable motor vehicles or other type of junk.
Any establishment wherein or whereon the business of boarding,
breeding, training or selling dogs is carried on, except a pet shop.
For purposes of this chapter, pet grooming may be considered an accessory
use for a kennel.
Ground, soil or earth, including the improvements and fixtures
on, above or below the surface.
Any establishment providing washing, drying or dry-cleaning
machines on the premises for rental use to the general public for
family laundering or dry-cleaning purposes.
Any establishment which accepts linen and/or diapers for
laundering.
Domestic animals, with the exception of household pets, kept
or raised for use or pleasure on a farm.
Any designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot, including any
street rights-of-way.
The total area within the lot lines of a lot, excluding any
street rights-of-way.
The portion of a lot that is covered by buildings and structures.
More explicitly, lot coverage-building is the percentage of lot area-net
covered by gross building area.
The portion of a lot that is covered by man-made improvements
which are more impervious than the natural surface, such as parking
and driveways, whether paved or stoned. Lot coverage-impervious shall
include lot coverage-building for purposes of this chapter.
The horizontal distance between the side lines of a lot,
measured at right angles to its depth for the entire required minimum
lot depth-net.
[Added 1-10-2006 by Ord. No. 2005-99]
Any scheduled period of work which results in the greatest
number of employees being on site.
Any establishment engaged primarily in selling large-scale
goods or merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such
goods. For purposes of this chapter, large-scale goods shall include,
but not be limited to, washers, dryers, stoves, refrigerators and
air conditioners.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
The process of making a product from raw materials using
mechanical power and machinery.
The manufacture of pottery or ceramics in quantity by machinery.
Any facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including but not limited to a public health center, diagnostic center,
treatment center, rehabilitation center, outpatient clinic, dispensary,
home-health-care agency and bioanalytical laboratory or central services
facility serving one or more health-care facilities, but excluding
institutions that provide healing solely by prayer. For purposes of
this chapter, a professional building with one or more physicians
in private practice shall not be considered a medical center.
[2]Any office of a recognized medical profession maintained
for the conduct of that profession. For purposes of this chapter,
a dentist's or chiropractor's office shall be considered a medical
office, while a veterinarian's office shall not be considered a medical
office.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A facility for investigation into the medical or health sciences.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
Any person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-23,[3] but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
Any apartment building of more than three stories.
Any roadway which interconnects with and augments the principal arterial system. A list of minor arterial streets within the City is provided in § 425-75D(2).
[Amended 5-25-1999 by Ord. No. 98-69]:
A parcel of land or two or more parcels of land
containing no fewer than 10 sites equipped for the installation of
manufactured homes or mobile homes installed prior to the enactment
of this article, where these sites are under common ownership and
control for the purpose of leasing each site to the owner of a manufactured
home for the installation thereof, and where the owner or owners provide
services which are provided by the municipality in which the park
is located for property owners outside the park, which services may
include but shall not be limited to:
While more appropriately called a "manufactured
home community" today, for purposes of this chapter, "mobile home
park" will continue to be used to maintain consistency with state
statute.
Any home constructed within a subdivision as a sample.
Any establishment providing transient accommodations, containing
six or more rooms, each with bath, with at least 25% of all rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building. For purposes of this chapter,
an auto and tourist court, motor lodge, autel and similar accommodation
shall be considered a motel.
Any building or structure accessory to an industrial use
which is intended for the storage and/or repair of motor vehicles
and equipment utilized by the business on site.
Any property utilized for the sale, whether retail or wholesale,
of new and/or used cars, trucks or other highway vehicles. For purposes
of this chapter, a business which rents or leases cars, trucks or
other highway vehicles shall be considered a new and used car sales.
Any lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this Zoning Ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
Any structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this Zoning
Ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reasons of such adoption, revision
or amendment.
Any use or activity which was lawful prior to the adoption,
revision or amendment of this Zoning Ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption, revision or amendment.
Any facility where a nonhazardous waste material is separated
into component parts, those that can be and those that cannot be recycled.
For purposes of this chapter, a sewerage treatment plant, auto wrecking
yard, junkyard, recycling operation or composting facility shall not
be considered a nonhazardous waste reduction facility.
Any room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
Any utilization of property for the on-site disposal of solid
or hazardous waste.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
[Added 6-27-2006 by Ord. No. 2006-52]
Any decorative, rather than structural, top course that crowns
a wall.
Any permitted use allowable in a zoning district which is
explicitly enumerated under the heading of "other uses."
Any outdoor facility intended to provide amusement or pleasurable
diversion. Such facilities shall include, but not be limited to, miniature
golf courses and driving ranges.
Maintaining materials or equipment outside of a building
or structure.
Any telephone made available to the public in a booth, rather
than in a building. For purposes of this chapter, any outdoor telephone
stand shall be considered an outdoor telephone booth.
To develop a property to an extent greater than that allowed
by the zone requirements and design standards established by this
chapter.
Any area established by this chapter in which more stringent
development standards than those required by the underlying zoning
district are applicable.
Any extension of the main walls of a building above the roof
level.
Any area designed and used for parking motor vehicles which
is intended to be accessory to a permitted use within a zoning district.
Any public or private land designed and used for parking motor vehicles (limited to Class 1, 2 or 3 motor vehicles in the FHWA's 13 Vehicle Category Classification Chart, as shown in the definition of "vehicle class" in § 425-74) which is intended to be a permitted use within a zoning district.
[Amended 2-22-2022 by Ord. No. 2022-13]
Any damage to a structure if the cost to restore or repair
is not greater than the tax assessed value of the structure prior
to the damage.
Any facility which by design and construction is intended
to provide accommodations for air, rail or bus passengers.
Any leisure-time activity not considered active.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Any person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
Any recreational facility provided as an accessory use on
the same lot as the principal permitted use and designed to be used
primarily by the occupants of the principal use and their guests.
Any establishment primarily engaged in providing services
involving the care of a person or his or her apparel. Personal service
shops shall include, but not be limited to, laundries, cleaning and
garment services, garment pressing, linen and/or diaper services,
laundromats, dry-cleaning plants, clothing rentals, carpet and upholstery
cleaning, photographic studios, beauty shops, barbershops, shoe repair,
hat cleaning, steam baths, reducing salons and health clubs.
Any retail store where pets and/or pet products are sold
to the general public. For purposes of this chapter, a kennel or cattery
is not considered a pet shop.
Any place where swine are kept, more specifically where three
or more pigs are kept or raised.
Any area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both, and any residential and other
uses incidental to the predominant use as may be permitted by ordinance.
Any planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
Any area of a minimum contiguous size as specified by ordinance
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses and any other uses incidental to the predominant use
as may be permitted by ordinance.
Any area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as shall be specified in the Zoning Ordinance.
Any area with a specified minimum contiguous acreage of five
acres or more to be developed as a single entity according to a plan
containing one or more residential clusters, which may include appropriate
commercial or public or quasi-public uses, all primarily for the benefit
of the residential development.
Any rough sketch map of a proposed subdivision or site plan
of sufficient accuracy to be used for the purpose of discussion.
Any farmland classified as "prime" or "unique" by the U.S.
Department of Agriculture Soil Conservation Service.
Any building in which is conducted the principal use of the
lot on which it is located.
The commercial production and issuance of literature, information,
musical scores or art.
Any noncommercial airport.
Any structure which is accessory to a residential building
and which is used for the parking and storage of vehicles owned and
operated by the residents thereof, and which is not a separate commercial
enterprise available to the general public. A carport, open on two
to four sides, shall be considered a private garage for purposes of
this chapter.
[Amended 9-11-2001 by Ord. No. 2001-67]
Any commercial retail establishment, other than a roadside
stand, which primarily sells produce.
Any building which by design and construction is intended
for professional offices.
Any office of a member of a recognized profession maintained
for the conduct of that profession. For purposes of this chapter,
a veterinarian's office shall not be considered a professional office.
Any use which is not permitted within a zoning district.
Any public or private, nonprofit nonresidential school.
For purposes of this chapter, any New Jersey Transit weather
shelter.
Any building, structure or property designed and used for
equipping, adjusting, greasing, washing, polishing, servicing or storage
of motor vehicles, operated for profit and for service to the public.
Any school, child-care center, governmental or public utility
facility, governmental or public utility office or governmental or
public utility yard, for purposes of this chapter.
Any utility, authority, commission, special district or other
corporate entity, whether regulated or not by the Board of Regulatory
Commissioners, that provides gas, electricity, water, sewerage, telephone
or cable television service.
Any facility of a public utility, other than a public utility
office or a public utility yard. Said facilities shall include, but
not be limited to, antennas and switching stations.
Any office of a public utility.
Any facility which by design and construction is primarily
intended for the storage and maintenance of equipment and the storage
of construction materials of a public utility.
Any structure containing four dwelling units, each of which
has direct access to the outside or to a common hall. Said units may
be side by side or one atop the other.
Any facility which is essentially public, although under
private ownership or control.
Any building or portion thereof used for radio or television
broadcasting.
Any public or nonprofit park or club, whether an active recreational
use or a passive recreational use, designed and equipped for the conduct
of sports, leisure-time activities and other customary and usual recreational
activities. For purposes of this chapter, a commercial recreational
facility shall be considered a personal service shop or an outdoor
amusement, as is appropriate.
Any vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and which is primarily designed
as temporary living accommodation for recreational, camping and travel
use, including but not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes. For purposes of this
chapter, such vehicles, which must be registered, may be parked in
any zoning district but may not be occupied as a dwelling unit.
Any waste product which is reduced to a raw material for
reuse.
Any facility where waste products are reduced to raw materials
for reuse.
Any energy source which can be utilized with no resultant
depletion.
Any area to be developed as a single entity according to
a plan containing residential housing units which have a common or
public open space area as an appurtenance.
Any use of a property for residential purposes, including
but not limited to a single-family dwelling, two-family dwelling,
townhouse, garden apartment building and mid-rise apartment building.
R-1, R-B, R-2, R-P, R-3, R-4, A-5, A-6, W-5, W-6, P-A, P-F
or P-R Zones, for purposes of this chapter.
Any commercial operation which extracts or remove naturally
occurring materials from the ground for use off site. Such materials
include, but are not limited to soil, sand, gravel and stone.
Any commercial establishment where food and drink is prepared,
served and consumed within the establishment. For purposes of this
chapter, outdoor entertainment or recreation shall not be considered
an accessory use for a restaurant.
Any building whose roof and sides are made largely of glass
or other transparent or translucent material in which temperature
and humidity can be regulated for the cultivation or display of delicate
or out-of-season plants offered for sale to the general public.
Any retail sales area associated with an industrial facility
which is clearly incidental to the fabrication or manufacture conducted
on site.
The sale of goods or merchandise to the general public.
Any establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
Any establishment where horses are boarded and cared for
and where instruction in riding, jumping and showing may be offered
and where the general public may, for a fee, hire horses for riding.
Any strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation intended to be occupied or
occupied by a street, avenue, boulevard, road, parkway, viaduct, drive
or other roadway.
Any street, for purposes of this chapter.
Any booth or stall accessory to a single-family dwelling
or farm from which handicrafts, flowers, fruits or vegetables produced
on site are sold to the general public. Such booths or stalls shall
be a maximum of 300 square feet.
Any boardinghouse wherein no personal or financial services
are provided.
Any establishment primarily engaged in providing services
involving the care of a person. A beauty shop is an example of such
an establishment.
Any building or part thereof which is designed, constructed
or used for academic education or instruction. For purposes of this
chapter, a vocational training facility (industrial or nonindustrial)
shall not be considered a school.
Any facility which provides storage space to the general
public for a fee.
A facility which provides social and recreational activities,
meals, and entertainment for the elderly or other persons in need
of similar services on a daily basis without overnight accommodations.
No medical services, other than the supervision of self-administered
medication, are provided.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
Any equipment installed on an industrial property which is
intended to pretreat effluent prior to discharge into a sewerage collection
system or on-site disposal system.
Any facility which by design and construction is intended
to accept organic waste and wastewater generated by residential, commercial
and industrial properties for treatment and disposal.
Any establishment which fabricates and sells signs. For purposes
of this chapter, such an establishment may have a yard for storage
of materials, equipment and vehicles used by the business on site.
Any tall wood or concrete cylindrical structure used for
making and storing silage.
One or more individuals living together in a dwelling unit,
with common access to and common use of all living and eating areas
and all areas and facilities for the preparation and storage of food
within the dwelling unit. For purposes of this chapter, a single housekeeping
unit shall function as a family.
Any dwelling occupied by a single housekeeping unit which
is not attached to any other dwelling. For purposes of this chapter,
a single-family dwelling may include an accessory apartment, in-home
office, family day-care home or a single boarder.
Any arrangement of dwelling space which does not provide
a private, secure dwelling space arranged for independent living (i.e.,
which does not contain both the sanitary and cooking facilities required
in dwelling spaces pursuant to the Hotel and Multiple Dwelling Law,
N.J.S.A. 55:13A-1 et seq.) and which is not used for limited-tenure
occupancy in a hotel, motel or established guest house, regardless
of the number of individuals occupying any room or rooms.
Any development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices and any other information that may be reasonably
required in order to make an informed determination, pursuant to this
chapter, requiring review and approval of site plans by the Planning
Board or Zoning Board of Adjustment.
Any facility which by design and construction is intended
to be utilized for roller skating or ice skating.
Any opening in a structure's roof that is covered with translucent
or transparent material and that is designed to admit light.
Any facility which by design and construction is primarily
intended for the storage and maintenance of equipment and the storage
of construction materials for a contractor involved in a building
trade. For purposes of this chapter, a small contractor's yard shall
be characterized by all of the following:
The developed portion of the property devoted
to the small contractor's yard shall be a maximum of 5,000 square
feet.
The maximum allowable size for a building or
structure devoted to the small contractor's yard shall be 1,500 square
feet.
There shall be no more than four employees,
including the owners of the business.
Outdoor storage shall be screened from public
view (from any public street, road or sidewalk; from any adjoining
property; or from any portion of the site accessible to the public)
by fencing and/or landscaping.
Any commercial establishment primarily engaged in furnishing
specialized automotive repairs to the public. A muffler or transmission
shop is an example of such an establishment. For purposes of this
chapter, no unregistered, inoperable motor vehicles shall be maintained
at a specialized repair garage.
Any facility which by design and construction is intended
to be utilized for hunting and fishing.
Any sauna or bathhouse.
Any facility which mechanically pounds or grinds stone into
smaller sizes.
Any one-story structure which by design and construction
is intended to provide storage for a residential building.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between the floor and the ceiling
next above it, and including those basements used for the principal
use.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by this chapter
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a planning
board and the grant to such board of the power to review plats. A
"street" shall include the land between the street lines, whether
improved or unimproved, and may comprise pavement, shoulders, gutters,
curbs, sidewalks, parking areas and other areas within the street
lines.
Any combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or subdivision committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the Zoning Officer to conform
to the requirements of this chapter and are shown and designated as
separate lots, tracts or parcels on the Tax Maps of the City. For
purposes of this chapter, a resubdivision shall be considered a subdivision.
Any facility which provides counseling and/or therapeutic
programs for recovering alcoholics and drug addicts. For purposes
of this chapter, a substance abuse or treatment center shall not provide
food or shelter.
Any retail establishment which primarily sells food as well
as other convenience and household goods.
Any establishment used primarily for the serving of liquor
by the drink to the general public and where food or packaged liquors
may be served or sold only as an incidental to the primary use. For
purposes of this chapter, outdoor entertainment or recreation shall
not be considered an accessory use for a tavern.
Any location established by the governing body reserved for
a taxi or bus to stop.
Any permit issued in accordance with § 425-310.
Any leaseholder of a defined portion of a building.
Any public garage which offers towing services. No motor
vehicle shall remain at a towing facility for longer than six months,
for purposes of this chapter.
Any structure containing five two-story dwelling units, with
interior units having two vertical party walls and end units having
one party wall.
Any four-sided enclosure which by design and construction
is intended to contain and screen all trash receptacles, including
dumpsters and recycling containers, on a site.
Any structure containing three dwelling units, each of which
has direct access to the outside or to a common hall. Said units may
be side by side or one atop the other.
Any facility where a business, service or industry involving
the maintenance, servicing, or repair of commercial vehicles or the
central dispatching of company-owned vehicles is conducted or rendered.
For purposes of this chapter, rental of truck parking spaces shall
not be considered a truck terminal.
[Amended 2-22-2022 by Ord. No. 2022-13]
Any structure containing two dwelling units, each of which
has direct access to the outside or to a common hall. Said units may
be side by side or one atop the other.
Any room, rooms, suite or portion thereof, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes by one or more persons.
Any variance as described by N.J.S.A. 40:55D-70d.
Permission to depart from the literal requirements of this
Zoning Ordinance pursuant to N.J.S.A. 40:55D-70b, N.J.S.A. 40:55D-70c
or N.J.S.A. 40:55D-70d.
Any mechanical device which introduces fresh air and/or expels
stagnant air from a building or structure.
Any establishment having coin-operated video games (more
than three).
Any trade requiring manual or mechanical skill.
Any secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in an industrial trade
which meets the state's requirements for a vocational facility. A
carpentry school is an example of such a facility.
Any secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a nonindustrial trade
which meets the state's requirements for a vocational facility. A
beauty school is an example of such a facility.
Any terminal facility for handling freight, with or without
maintenance facilities.
Any enclosure on a farm where waste materials are temporarily
stored prior to disposal.
Any facility which stores, either temporarily or permanently,
disposes of or transfers solid waste, hazardous waste, radioactive
waste or sludge.
Any elevated tank which by design and construction is intended
for storage of potable water.
Any small, roofed structure, having from one to three walls,
located near a street, and designed primarily for the protection and
convenience of bus passengers.
Any facility where lumber and associated products are sold
to those primarily engaged in the construction trade.
Any establishment or place or business primarily engaged
in selling merchandise to retailers; to industrial, commercial, institutional
or professional business users; or to other wholesalers; or acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.
The space extending the full width of the lot between any
building and the front lot line and measured perpendicular to the
building at the closest point to the front lot line. Such front yard
shall be unoccupied and unobstructed from the ground upward, except
as may be permitted by this chapter.
The space extending the full width of the lot between the
principal building and the rear lot line, and measured perpendicular
to the building to the closest point of the rear lot line. Such rear
yard shall be unoccupied and unobstructed from the ground upward,
except as may be permitted by this chapter.
The space extending from the front yard to the rear yard
between the principal building and the side lot line and measured
perpendicular from the side lot line to the closest point of the principal
building.
Any area specifically delineated by this article, with the
exception of an overlay area, in which regulations and requirements
uniformly govern the use, placement, spacing and size of land and
buildings. For purposes of this chapter, the term "zone" shall be
synonymous with "zoning district."
The administrative officer designated to administer the Zoning
Ordinance and issue zoning permits.
This article.
The document signed by the Zoning Officer as required in
the Zoning Ordinance as a condition precedent to the commencement
of a use or the erection, construction, reconstruction, alteration,
conversion or installation of a building or structure, which acknowledges
that such use, building or structure complies with the provisions
of this Zoning Ordinance or duly authorized variance therefrom.
[1]
Editor's Note: This ordinance also repealed
the former definition of "community residence for the developmentally
disabled persons with head injuries."
[2]
Editor's Note: The former definition of "medical marijuana
alternative treatment center (ATC)," added 3-26-2019 by Ord. No. 2019-20, which immediately
followed this definition, was repealed 7-13-2021 by Ord. No. 2021-44. This ordinance was repealed 12-14-2021 by Ord. No. 2021-73, which also repealed
the former definition of "medical marijuana alternative treatment
center (ATC)."
[3]
Editor's Note: N.J.S.A. 30:4-23 was repealed
by the Laws of 1987, c. 116, § 30, effective 6-7-1989.
A.
The following zones are established in the City of
Vineland:
[Amended 5-25-1999 by Ord. No. 98-69; 7-23-2002 by Ord. No. 2002-49; 4-10-2007 by Ord. No.
2007-26; 6-24-2008 by Ord. No. 2008-39]
(1)
R-1 Residential.
(2)
R-B-1 Residential-Business.
(3)
R-B-2 Residential-Business.
(4)
R-2 Residential.
(5)
R-P Residential Professional.
(6)
R-3 Residential.
(7)
R-4 Residential.
(8)
R-5 Residential.
(9)
R-6 Residential.
(10)
A-5 Agricultural.
(11)
A-6 Agricultural.
(12)
W-5 Woodlands.
(13)
W-6 Woodlands.
(14)
P-A Pinelands Agricultural Production.
(15)
P-F Pinelands Forest.
(16)
P-R Pinelands Rural Development.
(17)
I-1 Industrial Park.
(18)
I-B Industrial Business.
(19)
I-2 Industrial.
(20)
I-3 Industrial.
(21)
I-4 Industrial.
(22)
B-1 Business.
(23)
B-2 Business.
(24)
B-3 Business.
(25)
B-4 Business.
(26)
MHP Mobile Home Park.
(27)
IN-1 Institutional.
(28)
IN-2 Institutional Campus.
(29)
CO Conservation.
(30)
P Public.
(31)
MF Multifamily.
(32)
AA-1 Active Adult.
[Added 4-14-2020 by Ord. No. 2020-17]
(33)
AA-2 Active Adult.
[Added 4-14-2020 by Ord. No. 2020-17]
B.
The following overlay areas are established in the
City of Vineland:
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
D.
Where the exact location of a boundary shown on the
Zoning Map cannot be precisely determined, the following shall apply:
(1)
Zone and overlay area boundaries shall follow
the center lines of streets, railroads, streams and lot lines as they
appear on the Zoning Map, unless a boundary is fixed by dimensions
shown on said Map.
(2)
Where a boundary is not fixed by dimensions
but approximately follows lot lines and does not scale more than 10
feet distance therefrom, such lot lines shall be accepted as the boundary.
(3)
Where a boundary divides a lot, the location
of the boundary shall be determined by scale with reference to the
nearest known distance on the Zoning Map.
E.
For purposes of this chapter, multiple nonresidential
permitted uses may co-locate on a property. This provision is not
applicable within the Pinelands Area.
[Added 7-10-2007 by Ord. No. 2007-58; amended 10-23-2007 by Ord. No. 2007-84; 12-23-2008 by Ord. No. 2008-88]
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of older, established residential neighborhoods
within the City. Because of the existing stock of well-maintained
older homes, because of the allowance for smaller lot areas and because
of the variety of housing types permitted, it is anticipated that
these zones will continue to provide an abundant supply of affordable
units. It is important that zone requirements and design standards
not be sacrificed to allow overdevelopment of properties, as this
would negatively impact upon the character and stability of these
neighborhoods. It is the intent that a single-family dwelling be the
preferred use of property, as none of the other permitted uses are
to be considered unless all other requirements of this chapter can
be met. For example, there is not an automatic or implied right to
develop a professional building. A professional building should only
be considered if all the requirements of this chapter, including design
standards, can be met.
B.
C.
Accessory uses. Accessory uses in the R-1 Residential
Zone shall be as follows:
(1)
Private garage, 600 square feet per dwelling
unit maximum, for a single-family dwelling, two-family dwelling or
townhouse.
(2)
Personal recreational facilities for a residential
property.
(3)
One storage shed, 200 square feet maximum, for
a residential property with five or fewer dwelling units, and 300
square feet maximum for a residential property with more than five
dwelling units or a professional building.
[Amended 9-11-2001 by Ord. No. 2001-67]
(4)
Trash enclosure.
(5)
Fencing.
(6)
Signage.
[Amended 2-12-2002 by Ord. No. 2002-3; 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No.
2008-39]
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of older, mixed-use areas within the City.
These areas generally provide a transitional buffer between established
neighborhoods and commercial/industrial uses. It is important that
zone requirements and design standards not be sacrificed to allow
overdevelopment of properties, as this would negatively impact upon
the residential properties within these zones and adjoining residential
zones. It is the intent that a single-family dwelling be the preferred
use of property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is not an automatic or implied right to develop a business use.
A business use should only be considered if all the requirements of
this chapter, including design standards, can be met. It is the intent
that these zones continue to be mixed use, recognizing that all properties
are not suitable for conversion.
B.
Permitted uses. Permitted uses in the R-B-1 Residential-Business
Zone shall be as follows:
(1)
All uses permitted in the R-1 Zone, except that
mid-rise apartment buildings shall not be permitted.
(2)
All uses permitted in the B-1 Zone, except for
those enumerated as prohibited uses below.
(3)
Hotel, motel.
(4)
Restaurant.
(5)
Bar, tavern.
(6)
Gasoline station.
(7)
Amusement facility, video arcade.
(9)
Community residence, community shelter.
D.
Conditional uses. Conditional uses in the R-B-1 Residential-Business
Zone shall be as follows:
F.
Special zone requirements. The following requirements
apply to development in the R-B-1 Zone:
(1)
No parking (except for parking in an approved
driveway to a single-family dwelling or a two-family dwelling or a
townhouse) shall be located in the front yard.
(2)
No outdoor storage or solid waste or recycling
areas shall be located in the required front yard nor between any
part of the front building facade and the street right-of-way line.
(3)
No fire escapes shall be located on the front
facade of any building facing the street right-of-way line.
(4)
Front porches facing the street right-of-way
line shall be maintained as open porches.
(5)
For any development application for subdivision or variance, conditional use or site plan approval, the building design shall be suitable to the architectural character of a residential neighborhood. Buildings shall provide a front entrance facing the street right-of-way line. Parking lots shall be screened from public view. Landscaping shall be provided as required by the City design standards set forth in Article VII of this chapter (the City of Vineland Land Use Ordinance).
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A.
Purpose. The R-B-2 Zone on Chestnut Avenue provides
for the adaptive reuse of lands and buildings formerly occupied and
used as the Newcomb Hospital.
B.
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of established, predominantly residential
neighborhoods within the City. Because of the existing stock of well-maintained
older homes, because of the allowance for smaller lot areas and because
of the variety of housing types permitted, it is anticipated that
these zones will continue to provide an abundant supply of affordable
units. It is important that zone requirements and design standards
not be sacrificed to allow overdevelopment of properties, as this
would negatively impact upon the character of these neighborhoods.
It is the intent that a single-family dwelling be the preferred use
of property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is not an automatic or implied right to develop a quadruplex.
A quadruplex should only be considered if all the requirements of
this chapter, including design standards, can be met.
B.
C.
Accessory uses. Accessory uses in the R-2 Residential
Zone shall be as follows:
(1)
All accessory uses permitted in the R-1 Zone.
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of residential areas located along selected
arterials within the City. Because of the existing stock of substantial,
well-maintained older homes in some areas, and because of the close
proximity to established neighborhoods in others, maintenance of the
residential character in conversions or new construction is paramount.
It is not the intent that these areas be considered in transition,
meaning that they are evolving from residential to commercial use.
It is rather the intent that these areas accommodate limited, mixed-use
development, if appropriate. It is important that zone requirements
and design standards not be sacrificed to allow overdevelopment of
properties, as this would negatively impact upon the residential properties
within these zones and adjoining residential zones. It is the intent
that maintenance or replication of Vineland's historic residential
flavor, which would include tree-lined streets and expansive, landscaped
front yards, be deemed essential to preserve the desired character.
It is the intent that a single-family dwelling be the preferred use
of property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is not an automatic or implied right to develop a professional
building. A professional building should only be considered if all
the requirements of this chapter, including design standards, can
be met. It is the intent that these zones continue to be mixed use,
recognizing that all properties are not suitable for conversion.
B.
C.
Accessory uses. Accessory uses in the R-P Residential-Professional
Zone shall be as follows:
(1)
All accessory uses permitted in the R-1 Zone.
D.
E.
Special zone standards. In addition to any other standards
contained within this chapter, the following special zone standards
shall be applicable to any use within the R-P Residential-Professional
Zone, with the exception of a single-family dwelling or a two-family
dwelling:
(1)
No drive opening shall be permitted for vehicular
access to Chestnut Avenue or to Landis Avenue, except to serve properties
which have no other street frontage or to serve corner properties
where the secondary street is one-way. For properties which have no
other street frontage or for corner properties where the secondary
street is one-way, only one drive opening shall be permitted for vehicular
access to Chestnut Avenue or to Landis Avenue.
(2)
Parking facilities shall be located within side
yards or rear yards and shall be completely screened from neighboring
properties and any public street.
(NOTE: The locations of drive openings and parking
facilities for a single-family dwelling or a two-family dwelling are
not viewed as being significant for the purposes of this subsection
because of differences in physical character and usage. For example,
residential drive openings for a single-family dwelling or a two-family
dwelling are typically not as large or as frequently used as nonresidential
drive openings. The same can be said of parking facilities.)
|
F.
Special zone requirements. The following requirements
apply to development in the R-P Zone:
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
(1)
No parking (except for parking in a driveway
to a single-family dwelling or a two-family dwelling) shall be located
in the front yard.
(2)
No outdoor storage or solid waste or recycling
areas shall be located in the required front yard nor between any
part of the front building facade and the street right-of-way line.
(3)
No fire escapes shall be located on the front
facade of any building facing the street right-of-way line.
(4)
Front porches facing the street right-of-way
line shall be maintained as open porches.
(5)
For any development application for subdivision or variance or conditional use or site plan approval, the building and site shall be designed to be suitable to the architectural character of a residential neighborhood. Buildings shall provide a front entrance facing the street right-of-way line. Parking lots shall be screened from public view. Landscaping shall be provided as required by the design standards set forth in Article VII of this chapter (the City of Vineland Land Use Ordinance).
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of established neighborhoods within the
City. As there is extensive acreage suitable for development available
within these zones, it is further the purpose of these zones to create
predominantly residential areas at lesser density than the R-1, R-B,
R-2 and R-P Zones, so as to provide varied housing opportunities within
the City. It is important that zone requirements and design standards
not be sacrificed to allow overdevelopment of properties, as this
would negatively impact upon the character of these neighborhoods.
It is the intent that a single-family dwelling be the preferred use
of property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is no automatic or implied right to develop a two-family dwelling.
A two-family dwelling should only be considered if all the requirements
of this chapter, including design standards, can be met.
B.
C.
Accessory uses. Accessory uses within the R-3 Residential
Zone shall be as follows:
[Amended 4-14-2020 by Ord. No. 2020-15]
(1)
All accessory uses permitted in the R-1 Zone.
(2)
Private
garage, 1,000 square feet maximum, for a single-family dwelling.
(3)
One
storage shed, 300 square feet maximum, for a single-family dwelling.
(4)
Farm building for livestock, equipment, storage
of supplies or harvested crops, or for preparation of crops for market
for a farm.
(5)
Commercial production greenhouse for a farm.
(6)
Roadside stand, 300 square feet maximum, for
a single-family dwelling or a farm.
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of established neighborhoods within the
City. As there is extensive acreage suitable for development available
within these zones, it is further the purpose of these zones to create
predominantly residential areas at lesser density than the R-1, R-B,
R-2, R-P and R-3 Zones, so as to provide varied housing opportunities
within the City. It is important that zone requirements and design
standards not be sacrificed to allow overdevelopment of properties,
as this would negatively impact upon the character of these neighborhoods.
It is the intent that a single-family dwelling be the preferred use
of property.
B.
Permitted uses. Permitted uses within the R-4 Residential
Zone shall be as follows:
C.
Accessory uses. Accessory uses within the R-4 Residential
Zone shall be as follows:
[Amended 4-14-2020 by Ord. No. 2020-15]
(1)
All accessory uses permitted in the R-1 Zone.
(2)
Private
garage, 1,000 square feet maximum, for a single-family dwelling.
(3)
One
storage shed, 300 square feet maximum, for a single-family dwelling.
(4)
Farm building for livestock, equipment, storage
of supplies or harvested crops, or for preparation of crops for market
for a farm.
(5)
Commercial production greenhouse for a farm.
(6)
Roadside stand, 300 square feet maximum, for
a single-family dwelling or a farm.
D.
Conditional uses. Conditional uses in the R-4 Residential
Zone shall be as follows:
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A.
Purpose. The purpose of the R-5 Zone is to implement
the Master Plan recommendation for a low-density suburban/rural transition
area from the City center suburbs to the City greenbelt. The R-5 Zone
provides an area for development of low-density single-family detached
housing. Farms will continue to be permitted, and farmland preservation
as part of the low-density residential area is encouraged and supported
by the City. Residential cluster development and lot size averaging
will be permitted at the City's option, provided that the total number
of dwellings is equivalent to the number of dwellings allowed by a
conventional layout. Cluster development and lot size averaging will
only be allowed where the lots are served by sewer and public water
and the reduction in lot size is offset by open space preservation
and protection of the environment.
C.
Accessory uses. Accessory uses within the R-5 Residential
Zone shall be as follows:
[Amended 4-14-2020 by Ord. No. 2020-15]
(1)
All accessory uses permitted in the R-1 Zone.
(2)
Private
garage, 1,000 square feet maximum, for a single-family dwelling.
(3)
One
storage shed, 300 square feet maximum, for a single-family dwelling.
(4)
Farm building for livestock, equipment, storage
of supplies or harvested crops, or for preparation of crops for market
for a farm.
(5)
Commercial production greenhouse for a farm.
(6)
Roadside stand, 300 square feet maximum, for
a single-family dwelling or a farm.
F.
Residential cluster in the R-5 Zone. Residential cluster
design within the R-5 Zone may better advance the intent and purpose
of the City Master Plan for the protection of the environment and
the conservation of open space, provided that the overall intensity
of the cluster does not exceed the intensity of a permitted conventional
development. Accordingly, a residential cluster of single-family dwellings
may be permitted as an alternative form of development in the R-5
Zone on a contiguous land area that is to be developed as a single
entity according to a plan that preserves a significant area of open
space. The Planning Board may approve a residential cluster where
it determines that the intent and purpose of the City Master Plan
is better served by the cluster design and that the development meets
the requisite standards and criteria for the residential cluster option.
(1)
Cluster option. Cluster development may be permitted
at the option of the City Planning Board as an alternative to conventional
development. The Planning Board may permit the cluster option where
the applicant demonstrates that, compared to a conventional layout,
the cluster design will benefit the community in the following ways:
by conserving natural resources; by preserving open spaces; by better
protecting areas that are particularly susceptible to erosion and
sediment loss; by reducing impervious surfaces; by better protecting
natural drainage features and vegetation; by minimizing land disturbance
from clearing and grading; by minimizing soil compaction; by reducing
the use of stormwater management basins; by promoting the use of vegetated
open-channel drainage systems that discharge into and through stable
vegetated areas; and by reducing the need for additional infrastructure.
For purposes of evaluating the cluster option, the applicant shall
submit a lot yield map of a conforming conventional subdivision layout.
The Planning Board shall compare the benefit of the cluster subdivision
plan to the conventional subdivision plan by considering the following
factors: reduction in the total area of land disturbance; reduction
in the total area of impervious coverage; reduction in the total length
of new streets; reduction in the construction of new structural drainage
facilities; and the preservation of trees and woodland.
(a)
Required location. A residential cluster of
single-family dwellings shall be located on contiguous land in the
R-5 Zone, with the single-family dwellings located to enable the preservation
of common or public open space.
(b)
Minimum total land area required. The minimum
total land area required for development as a residential cluster
is 50 acres. At least 65% of the total minimum land area requirement
for a residential cluster shall be unencumbered by any of the following:
wetlands or wetlands transition areas; areas of special flood hazard;
existing easements for utilities or drainage; rights-of-way; surface
waters. Land that is already permanently protected from development
as open space or as farmland through a conservation easement or other
means cannot be used to satisfy the minimum area requirement.
(c)
Maximum permitted number of dwelling units.
The residential cluster shall not yield a greater number of dwelling
units than would result from the development of the land as a fully
conforming conventional subdivision of single-family lots. For purposes
of determining the maximum number of dwellings permitted under the
residential cluster alternative, the applicant shall submit a lot
yield map of a conforming conventional subdivision layout. The conforming
lot yield map shall be in a sufficient detail to permit the Planning
Board to make an informed decision that the subdivision satisfies
all ordinance requirements in every respect and would be approvable
as a conventional subdivision without the need for any variances,
waivers or exceptions from the City development regulations. The number
of dwellings shown on an accepted lot yield map of a conforming subdivision
shall be the maximum number of lots permitted in the residential cluster.
(d)
Public sewer and public water required. The
dwelling units of a residential cluster must be served by public sewer
and public water.
(e)
Minimum area and bulk standards for residential
lots. The number of dwellings shown on the accepted lot yield map
of a conforming subdivision shall be the maximum number of residential
lots permitted in the residential cluster. The residential cluster
lots shall otherwise conform to the area, yard and bulk standards
as set forth in the Zoning Schedule, Sheet 1 (Part 1) for conventional
one-family development in the R-4 Residential Zone.[1]
[1]
Editor's Note: The zoning schedules are included
at the end of this chapter.
(f)
Open space design requirements. The cluster
design for open space shall be arranged to preserve land as public
or common open space in accordance with the following criteria.
[1]
A minimum of 50% of the gross land area of the
cluster shall be preserved as common or public open space. If the
residential cluster includes an existing farm, the continued use of
preserved open space as a farm may be permitted, subject to Planning
Board acceptance of a continued farm operation as part of the overall
cluster design.
[2]
All areas to be preserved as public or as common
open space shall be clearly identified and reserved on the plans submitted
for approval. The existing and planned use of the open space shall
be indicated on the plans.
[3]
The minimum land area required to be preserved
as common or public open space shall be land that is not already preserved
as open space or preserved as farmland.
[4]
The area proposed as common or public open space
shall be suitable for enjoyment and use as open space. The Planning
Board may require that the applicant submit a Phase I and, if deemed
necessary, a Phase II environmental report. The Planning Board may
withhold approval of any area that it deems unsuitable as open space.
[5]
At least 65% of the minimum land area required
to be preserved as common or public open space shall be land unencumbered
by any of the following: wetlands or wetlands transition areas; areas
of special flood hazard; existing easement areas for utilities or
drainage; rights-of-way; surface waters.
[6]
Stormwater management basins are structures
and do not qualify as open space for the purpose of meeting the open
space requirements. In its sole discretion, the Planning Board may
permit retention basins for the permanent storage of water runoff
within the open space areas, provided such basins are integrated into
the site as an aesthetic feature of the open space landscape to enhance
the visual environment. In its sole discretion, the Planning Board
may also permit the integration of nonstructural stormwater management
strategies, such as vegetated open-channel drainage systems, into
the open space landscape design. Not more than 10% of the minimum
required open space area may be features such as wet ponds, retention
basins, and vegetated open-channel drainage systems.
[7]
Any common or public open space area shall be
at least 10 acres in area and have a minimum width of 200 feet and
a minimum depth of 200 feet unless the Planning Board determines that
the proposed open space area is contiguous with and/or expands or
extends an existing common open space or a public open space; or that
the proposed open space is contiguous with a land area in other ownership
that has been permanently preserved as open space or as farmland pursuant
to a federal, state, county or City open space acquisition or farmland
preservation program. In such cases, or for other reasons that would
advance the public interest, the Planning Board may approve a smaller
area where it determines that such action would be beneficial to the
open space design of the cluster.
[8]
An open space lot shall have a minimum road
frontage of at least 200 feet.
(g)
Common open space ownership. The developer shall
provide a plan for the use, ownership and maintenance of any common
open space in a residential cluster. The plan is subject to Planning
Board review and approval. The ownership plan shall be submitted with
the preliminary application for development and shall identify the
existing and proposed ownership of all proposed open space areas.
The City, at its option and in its sole discretion, or other governmental
agency approved by the City, at any time and from time to time, may
accept the dedication of land or any interest therein for public use
and maintenance, but the City shall not require as a condition of
the approval of a residential cluster that land proposed to be set
aside for common open space be dedicated or made available to public
use. The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of a residential cluster if the open space is not dedicated to the
municipality or other governmental agency. The type of ownership of
land dedicated for common open space purposes shall be selected by
the applicant, subject to the approval of the Planning Board.
(h)
Homeowners' association. If the common open
space is owned and maintained by a homeowners' or condominium association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application
for the preliminary approval. The provisions shall include, but are
not necessarily limited to, the following:
[1]
The homeowners' association must be established
before the sale of any residential unit.
[2]
Membership shall be mandatory for each buyer
and any successive buyer.
[3]
The open space restrictions shall be permanent.
[4]
The association shall be responsible for liability
insurance, local taxes, and the maintenance and replacement of recreational
and other facilities.
[5]
Homeowners shall pay their pro rata share of
the cost; the assessment levied by the association can become a lien
on the property if allowed in the master deed establishing the homeowners'
association.
[6]
The association must be able to adjust the assessment
to meet changed needs.
(i)
Maintenance of open space areas. In the event
that a nonmunicipal organization with the responsibility for the common
open space fails to maintain it in reasonable order and condition,
then the City Council, in accordance with N.J.S.A. 40:55D-43, may
correct such deficiencies and assess the cost of maintenance against
the properties within the development.
(j)
Use and improvement of common open space for
active recreation. The Planning Board may approve the installation
of recreational facilities suitable to the development, such as playgrounds,
play fields, parks or similar outdoor recreation facilities, on the
common open space. Such facilities shall be conveniently located and
accessible to all dwelling units and should follow the following guidelines:
[1]
One active recreation area should be provided
for each 300 persons or 75 children of projected population. Such
areas should not be less than four acres.
[2]
For developments of more than 300 persons, active
recreation or park space should be provided at the rate of 10.25 acres
per 1,000 population.
(k)
Undeveloped common open space. Undeveloped common
open space should be left in its natural state. A developer may, however,
make limited improvements for the installation of utilities, necessary
grading, and the provision of paths and trails. In addition, the Planning
Board may require a developer to make other improvements, such as
removal of dead or diseased trees; thinning of trees or other vegetation
to encourage more desirable growth; reforestation of disturbed areas;
and grading and seeding, subject to approval by all regulatory agencies.
(l)
Deed restrictions. Any lands dedicated for common
open space purposes shall contain covenants and deed restrictions
approved by the City Attorney that ensure that:
[1]
The open space area will not be further subdivided
in the future.
[2]
The use of the open space will continue in perpetuity
for the purpose specified.
[3]
Appropriate provisions are made for the maintenance
of the open space.
[4]
The open space shall not be utilized for any
commercial purpose. The Planning Board may, however, approve the use
of open space as farmland or pastureland as part of the residential
cluster design.
(m)
Prior to the approval of the residential cluster,
the Planning Board shall make a finding of facts and conclusions as
required by N.J.S.A. 40:55D-45.
(2)
The residential cluster in the R-5 Zone may
be developed as age-restricted housing at the City's option. An age-restricted
residential cluster shall meet the requirements for a residential
cluster in the R-5 Zone, subject to the following requirements and
modifications.
(a)
The frontage for the age-restricted residential
cluster and the access to the development shall be provided from a
road classified as an arterial road by the City Master Plan.
(b)
The maximum permitted number of dwelling units
in the age-restricted residential cluster shall not exceed the number
of dwelling units permitted for a residential cluster, unless the
age-restricted residential cluster provides for the on-site construction
of affordable housing.
(c)
If the age-restricted development provides affordable
housing, then one additional market-rate age-restricted unit will
be permitted for every affordable unit provided. At the City's option,
the City may accept a payment in lieu of construction of the affordable
housing on site. The payment in lieu shall be in an amount as provided
by the City's affordable housing regulations.
(d)
The density of the development, including the
additional units permitted to provide the affordable housing, shall
not exceed a maximum of three dwelling units per acre.
(e)
The age-restricted residential cluster may be
constructed as single-family dwelling units or as townhouse units,
or as a combination of such unit types, in accordance with the standards
of the R-1 Zone District.
(f)
The Planning Board may reduce the minimum common
or public open space requirement of the cluster to 25% of the gross
land area of the cluster in order to accommodate the increased number
of dwelling units permitted to be developed on site.
(g)
If the zoning on a site has changed subsequent
to December 17, 2007, the number of units permitted for the purpose
of calculating the additional number of units shall be the higher
of the current number of units permitted or the number of units permitted
on December 17, 2007.
G.
Lot size averaging in the R-5 Zone. In its sole discretion
and at its option, the Planning Board may permit lot size averaging
in the R-5 Zone. The purpose of this subsection is to provide an alternative
design technique for conventional development to promote the goals
of the Master Plan. The overall planning for a tract may better advance
the intent and purpose of the Master Plan to protect the environment
and conserve open space if flexibility in the design of a major subdivision
is permitted. The goals and objectives included in the Master Plan
for maintaining large, contiguous open areas may be better addressed
if some modification of the minimum lot size requirement in conventional
development is allowed, provided the maximum number of lots that would
result from a conforming conventional development is not exceeded.
(1)
Lot size averaging is permitted in the R-5 Zone
District in a major subdivision of a contiguous tract of land that
is 15 acres or greater in area.
(2)
Any development proposed for lot size averaging
shall be served by public sewer and public water.
(3)
Building area requirements.
(a)
Lots shall conform to the requirements of the
R-5 Zone as established in the area, yard and bulk standards as set
forth in the Zoning Schedule, Sheet 1 (Part 1) for the R-5 Residential
Zone, except that the minimum lot area required may be reduced as
indicated below.
R-5 Zone District Requirements for Lot
Size Averaging
| |||
---|---|---|---|
Minimum Permissible Lot Size
(square feet)
|
Average Lot Size
(square feet)
| ||
Inside
|
Corner
| ||
16,500
|
18,000
|
40,000
|
(b)
Within the R-5 Zone, the Planning Board may
approve the varying of lot areas and dimensions and yards and setbacks
otherwise required by the development regulations of the zone district
in such a way that the average lot areas and dimensions, yards and
setbacks within the subdivision conform to the conventional norms
of the R-5 Zone District as established in the Schedule of Area, Yard
and Building Requirements, except that the minimum lot area required
shall be in accordance with the minimum permissible lot size for lot
size averaging, and further provided that no dimension, yard, setback
or other dimensional requirement shall be less than the minimum requirements
of the R-4 Zone.[2]
[2]
Editor's Note: The Zoning Schedules are included
at the end of this chapter.
(4)
Maximum permitted number of lots. The use of
lot size averaging in a subdivision plan shall not result in a greater
number of lots than would result if a parcel were developed as a fully
conforming conventional subdivision of lots. For purposes of determining
the maximum number of lots permitted under lot size averaging, the
applicant shall submit a lot yield map of a conforming conventional
subdivision layout. The conforming lot yield map shall be in a sufficient
detail to permit the Planning Board to make an informed decision that
the subdivision satisfies all ordinance requirements and would be
approvable by the Planning Board as a conventional subdivision without
the need for any lot area or lot dimension variances or exceptions
to subdivision design standards. The number of lots shown on an accepted
lot yield map shall be the maximum number of lots permitted for subdivision
under lot size averaging.
(5)
Design criteria. Lot size averaging may be permitted
where the Planning Board determines that the resource conservation
and/or farmland preservation goals and objectives of the Master Plan
are better served by the lot-size-averaging plan than by the conventional
plan for development. The applicant shall demonstrate to the Planning
Board that the lot-size-averaging plan is clearly preferable to the
conventional plan with respect to one or more of the following factors:
stream corridor protection, agricultural retention, preservation of
forests and woodlands, preservation of habitat for native flora and
fauna, protection of scenic views, protection of landmarks, reduction
in site disturbance from clearing and grading, reduction in impervious
surface, conservation of the site's natural features and topography,
and relationship to open spaces on neighboring parcels.
(6)
Minimum lot area. The minimum lot area may be
reduced to the minimum permissible lot size for lot size averaging,
provided that the average lot area in the development shall be at
least the conventional lot size required for the R-5 Zone, and further
provided that the total number of lots shall be no greater than the
maximum permitted number of lots established in accordance with the
approved lot yield map.
(7)
Deed restrictions. Each lot that is part of
a lot-averaging plan shall be permanently deed restricted from any
future subdivision of that lot. When only a portion of a tract is
to be developed in a lot-averaging plan, deed restrictions against
further subdivision shall be required for the portion of the tract
devoted to the lot-averaging plan.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A.
Purpose.
(1)
The purpose of the R-6 Zone is to implement
the Master Plan recommendation for a low-density suburban/rural transition
area from the center suburbs to the beginning of the City's greenbelt.
The zones provide an area for development of low-density single-family
detached housing. Farms would continue to be permitted and farmland
preservation within the zone is encouraged and supported by the City.
(2)
Residential cluster development and lot size
averaging will be permitted at the City's option, provided that the
total number of dwellings is the equivalent to the number of dwellings
allowed by a conventional layout. Cluster development and lot size
averaging would only be allowed where the lots are served by sewer
and public water and the reduction in lot size is offset by open space
preservation and protection of the environment.
C.
Accessory uses. Accessory uses within the R-6 Residential
Zone shall be as follows:
[Amended 4-14-2020 by Ord. No. 2020-15]
(1)
All accessory uses permitted in the R-1 Zone.
(2)
Private
garage, 1,000 square feet maximum, for a single-family dwelling.
(3)
One
storage shed, 300 square feet maximum, for a single-family dwelling.
(4)
Farm building for livestock, equipment, storage
of supplies or harvested crops, or for preparation of crops for market
for a farm.
(5)
Commercial production greenhouse for a farm.
(6)
Roadside stand, 300 square feet maximum, for
a single-family dwelling or a farm.
F.
Residential cluster in the R-6 Zone. Residential cluster
design within the R-6 Zone may better advance the intent and purpose
of the City Master Plan for the protection of the environment and
the conservation of open space, provided that the overall intensity
of the cluster does not exceed the intensity of a permitted conventional
development. Accordingly, a residential cluster of single-family dwellings
may be permitted as an alternative form of development in the R-6
Zone on a contiguous land area that is to be developed as a single
entity according to a plan that preserves a significant area of open
space. The Planning Board may approve a residential cluster where
it determines that the intent and purpose of the City Master Plan
is better served by the cluster design and that the development meets
the requisite standards and criteria for the residential cluster option.
(1)
Cluster option. Cluster development may be permitted
at the option of the City Planning Board as an alternative to conventional
development. The Planning Board may permit the cluster option where
the applicant demonstrates that, compared to a conventional layout,
the cluster design will benefit the community in the following ways:
by conserving natural resources; by preserving open spaces; by better
protecting areas that are particularly susceptible to erosion and
sediment loss; by reducing impervious surfaces; by better protecting
natural drainage features and vegetation; by minimizing land disturbance
from clearing and grading; by minimizing soil compaction; by reducing
the use of stormwater management basins; by promoting the use of vegetated
open-channel drainage systems that discharge into and through stable
vegetated areas; and by reducing the need for additional infrastructure.
For purposes of evaluating the cluster option, the applicant shall
submit a lot yield map of a conforming conventional subdivision layout
for single-family dwellings. The Planning Board shall compare the
benefit of the cluster subdivision plan to the conventional subdivision
plan by considering the following factors: reduction in the total
area of land disturbance; reduction in the total area of impervious
coverage; reduction in the total length of new streets; reduction
in the construction of new structural drainage facilities; and the
preservation of trees and woodland.
(a)
Required location. A residential cluster of
single-family dwellings shall be located on contiguous land in the
R-6 Zone, with the single-family dwellings located to enable the preservation
of common or public open space.
(b)
Minimum total land area required. The minimum
total land area required for development as a residential cluster
is 50 acres. At least 65% of the total minimum land area requirement
for a residential cluster shall be unencumbered by any of the following:
wetlands or wetlands transition areas; areas of special flood hazard;
existing easements for utilities or drainage; rights-of-way; surface
waters. Land that is already permanently protected from development
as open space or as farmland through a conservation easement or other
means cannot be used to satisfy the minimum area requirement.
(c)
Maximum permitted number of dwelling units.
The residential cluster shall not yield a greater number of dwelling
units than would result from the development of the land as a fully
conforming conventional subdivision of single-family lots. For purposes
of determining the maximum number of dwellings permitted under the
residential cluster alternative, the applicant shall submit a lot
yield map of a conforming conventional subdivision layout. The conforming
lot yield map shall be in a sufficient detail to permit the Planning
Board to make an informed decision that the subdivision satisfies
all ordinance requirements in every respect and would be approvable
as a conventional subdivision without the need for any variances,
waivers or exceptions from the City development regulations. The number
of dwellings shown on an accepted lot yield map of a conforming subdivision
shall be the maximum number of lots permitted in the residential cluster.
(d)
Public sewer and public water. The dwelling
units of a residential cluster must be served by public sewer and
water.
(e)
Minimum area and bulk standards for residential
lots. The number of dwellings shown on the accepted lot yield map
of a conforming subdivision shall be the maximum number of residential
lots permitted in the residential cluster. The residential cluster
lots shall otherwise conform to the area, yard, and bulk standards
as set forth in the Zoning Schedule, Sheet 1 (Part 1) for one-family
development for the R-5 Residential Zone.
(f)
Open space design requirements. The cluster
design for open space shall be arranged to preserve land as public
or common open space in accordance with the following criteria.
[1]
A minimum of 50% of the gross land area of the
cluster shall be preserved as common or public open space. If the
residential cluster includes an existing farm, the continued use of
preserved open space as a farm may be permitted, subject to Planning
Board acceptance of a continued farm operation as part of the overall
cluster design.
[2]
All areas to be preserved as public or as common
open space shall be clearly identified and reserved on the plans submitted
for approval. The existing and planned use of the open space shall
be indicated on the plans.
[3]
The minimum land area required to be preserved
as common or public open space shall be land that is not already preserved
as open space or preserved as farmland.
[4]
The area proposed as common or public open space
shall be suitable for enjoyment and use as open space. The Planning
Board may require that the applicant submit a Phase I and, if deemed
necessary, a Phase II environmental report. The Planning Board may
withhold approval of any area that it deems unsuitable as open space.
[5]
At least 65% of the minimum land area required
to be preserved as common or public open space shall be land unencumbered
by any of the following: wetlands or wetlands transition areas; areas
of special flood hazard; existing easement areas for utilities or
drainage; rights-of-way; surface waters.
[6]
Stormwater management basins are structures
and do not qualify as open space for the purpose of meeting the open
space requirements. In its sole discretion, the Planning Board may
permit wet ponds and retention basins for the permanent storage of
water runoff within the open space areas, provided such basins are
integrated into the site as an aesthetic feature of the open space
landscape design to enhance the visual environment. In its sole discretion,
the Planning Board may also permit the integration of nonstructural
stormwater management strategies, such as vegetated open-channel drainage
systems, into the open space landscape design. Not more than 10% of
the minimum required open space area may be features such as wet ponds,
retention basins, and vegetated open-channel drainage systems.
[7]
Any common or public open space area shall be
at least 10 acres in area and have a minimum width of 200 feet and
a minimum depth of 200 feet, unless the Planning Board determines
that the proposed open space area is contiguous with and/or expands
or extends an existing common open space or a public open space or
that the proposed open space is contiguous with a land area in other
ownership that has been permanently preserved as open space or as
farmland pursuant to a federal, state, county or City open space acquisition
or farmland preservation program. In such cases, or for other reasons
that would advance the public interest, the Planning Board may approve
a smaller area where it determines that such action would be beneficial
to the open space design of the cluster.
[8]
An open space lot shall have a minimum road
frontage of at least 200 feet.
(g)
Common open space ownership. The developer shall
provide a plan for the use, ownership and maintenance of any common
open space in a residential cluster. The plan is subject to Planning
Board review and approval. The ownership plan shall be submitted with
the preliminary application for development and shall identify the
existing and proposed ownership of all proposed open space areas.
The City, at its option and in its sole discretion, or other governmental
agency approved by the City, at any time and from time to time, may
accept the dedication of land or any interest therein for public use
and maintenance, but the City shall not require as a condition of
the approval of a residential cluster that land proposed to be set
aside for common open space be dedicated or made available to public
use. The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of a residential cluster if the open space is not dedicated to the
municipality or other governmental agency. The type of ownership of
land dedicated for common open space purposes shall be selected by
the applicant, subject to the approval of the Planning Board.
(h)
Homeowners' association. If the common open
space is owned and maintained by a homeowners' or condominium association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application
for the preliminary approval. The provisions shall include, but are
not necessarily limited to, the following:
[1]
The homeowners' association must be established
before the sale of any residential unit.
[2]
Membership shall be mandatory for each buyer
and any successive buyer.
[3]
The open space restrictions shall be permanent.
[4]
The association shall be responsible for liability
insurance, local taxes, and the maintenance and replacement of recreational
and other facilities.
[5]
Homeowners shall pay their pro rata share of
the cost; the assessment levied by the association can become a lien
on the property if allowed in the master deed establishing the homeowners'
association.
[6]
The association must be able to adjust the assessment
to meet changed needs.
(i)
Maintenance of open space areas. In the event
that a nonmunicipal organization with the responsibility for the common
open space fails to maintain it in reasonable order and condition,
then the City Council, in accordance with N.J.S.A. 40:55D-43, may
correct such deficiencies and assess the cost of maintenance against
the properties within the development.
(j)
Use and improvement of common open space for
active recreation. The Planning Board may approve the installation
of recreational facilities suitable to the development, such as playgrounds,
play fields, parks or similar outdoor recreation facilities, on the
common open space. Such facilities shall be conveniently located and
accessible to all dwelling units and should follow the following guidelines:
[1]
One active recreation area should be provided
for each 300 persons or 75 children of projected population. Such
areas should not be less than four acres.
[2]
For developments of more than 300 persons, active
recreation or park space should be provided at the rate of 10.25 acres
per 1,000 population.
(k)
Undeveloped common open space. Undeveloped common
open space should be left in its natural state. A developer may, however,
make limited improvements for the installation of utilities, necessary
grading, and the provision of paths and trails. In addition, the Planning
Board may require a developer to make other improvements, such as
removal of dead or diseased trees; thinning of trees or other vegetation
to encourage more desirable growth; reforestation of disturbed areas;
and grading and seeding, subject to approval by all regulatory agencies.
(l)
Deed restrictions. Any lands dedicated for common
open space purposes shall contain covenants and deed restrictions
approved by the City Attorney that ensure that:
[1]
The open space area will not be further subdivided
in the future.
[2]
The use of the open space will continue in perpetuity
for the purpose specified.
[3]
Appropriate provisions are made for the maintenance
of the open space.
[4]
The open space shall not be utilized for any
commercial purpose. The Planning Board may, however, approve the use
of open space as farmland or pastureland as part of the residential
cluster design.
(2)
The residential cluster in the R-6 Zone may
be developed as age-restricted housing, at the City's option. An age-restricted
residential cluster shall meet the requirements for a residential
cluster in the R-6 Zone, subject to the following requirements and
modifications.
(a)
The frontage for the age-restricted residential
cluster and the access to the development shall be provided from a
road classified as an arterial road by the City Master Plan.
(b)
The maximum permitted number of dwelling units
in the age-restricted residential cluster shall not exceed the number
of dwelling units permitted for a residential cluster, unless the
age-restricted residential cluster provides for the on-site construction
of affordable housing.
(c)
If the age-restricted development provides affordable
housing, then one additional market-rate age-restricted unit will
be permitted for every affordable unit provided. At the City's option,
the City may accept a payment in lieu of construction of the affordable
housing on site. The payment in lieu shall be in an amount as provided
by the City's affordable housing regulations.
(d)
The density of the development, including the
additional units permitted to provide the affordable housing, shall
not exceed a maximum of three dwelling units per acre.
(e)
The age-restricted residential cluster may be
constructed as single-family dwelling units or as townhouse units,
or as a combination of such unit types, in accordance with the standards
of the R-I Zone District.
(f)
The Planning Board may reduce the minimum common
or public open space requirement of the cluster to 25% of the gross
land area of the cluster in order to accommodate the increased number
of dwelling units permitted to be developed on site.
(g)
If the zoning on a site has changed subsequent
to December 17, 2007, the number of units permitted for the purpose
of calculating the additional number of units shall be the higher
of the current number of units permitted or the number of units permitted
on December 17, 2007.
(3)
Prior to the approval of the residential cluster,
the Planning Board shall make a finding of facts and conclusions as
required by N.J.S.A. 40:55D-45.
G.
Lot size averaging in the R-6 Zone. In its sole discretion
and at its option, the Planning Board may permit lot size averaging
in the R-6 Zone. The purpose of this subsection is to provide an alternative
design technique for conventional development to promote the goals
of the Master Plan. The overall planning for a tract may better respond
to the intent and purpose of the Master Plan to protect the environment
and conserve open space if flexibility in the design of a major subdivision
is permitted. The goals and objectives included in the Master Plan
for maintaining large, contiguous open areas may be better addressed
if some modification of the minimum lot size requirement in conventional
development is allowed, provided the maximum number of lots that would
result from a conforming conventional development is not exceeded.
(1)
Lot size averaging is permitted in the R-6 Zone
District in a major subdivision of a contiguous tract of land that
is 15 acres or greater in area.
(2)
Any development proposed for lot size averaging
shall be served by public sewer and public water.
(3)
Building area requirements.
(a)
Lots shall conform to the requirements of the
R-6 Zone as established in the area, yard, and bulk standards as set
forth in the Zoning Schedule, Sheet 1 (Part 1) for the R-6 Residential
Zone, except that the minimum lot area required may be reduced as
indicated below.
R-6 Zone District Requirements for Lot
Size Averaging
| |||
---|---|---|---|
Minimum Permissible Lot Size
(square feet)
|
Average Lot Size
(square feet)
| ||
Inside
|
Corner
| ||
30,000
|
30,000
|
80,000
|
(b)
Within the R-6 Zone, the Planning Board may
approve the varying of lot areas and dimensions and yards and setbacks
otherwise required by the development regulations of the zone district
in such a way that the average lot areas and dimensions, yards and
setbacks within the subdivision conform to the conventional norms
of the R-6 Zone as established in the Schedule of Area, Yard and Building
Requirements, except that the minimum lot area required shall be in
accordance with the minimum permissible lot size for lot size averaging,
and further provided that no dimension, yard, setback or other dimensional
requirement shall be less than the minimum requirements of the R-5
Zone.
(4)
Maximum permitted number of lots. The use of
lot size averaging in a subdivision plan shall not result in a greater
number of lots than would result if a parcel were developed as a fully
conforming conventional subdivision of lots. For purposes of determining
the maximum number of lots permitted under lot size averaging, the
applicant shall submit a lot yield map of a conforming conventional
subdivision layout. The conforming lot yield map shall be in a sufficient
detail to permit the Planning Board to make an informed decision that
the subdivision satisfies all ordinance requirements and would be
approvable by the Planning Board as a conventional subdivision without
the need for any lot area or lot dimension variances or exceptions
to subdivision design standards. The number of lots shown on an accepted
lot yield map shall be the maximum number of lots permitted for subdivision
under lot size averaging.
(5)
Design criteria. Lot size averaging may be permitted
where the Planning Board determines that the resource conservation
and/or farmland preservation goals and objectives of the Master Plan
are better served by the lot-size-averaging plan than by the conventional
plan for development. The applicant shall demonstrate to the Planning
Board that the lot-size-averaging plan is clearly preferable to the
conventional plan with respect to one or more of the following factors:
stream corridor protection, agricultural retention, preservation of
forests and woodlands, preservation of habitat for native flora and
fauna, protection of scenic views, protection of landmarks, reduction
in site disturbance from clearing and grading, reduction in impervious
surface, conservation of the site's natural features and topography,
and relationship to open spaces on neighboring parcels.
(6)
Minimum lot area. The minimum lot area may be
reduced to the minimum permissible lot size for lot size averaging,
provided that the average lot area in the development shall be at
least the conventional lot size required for the R-6 Zone, and further
provided that the total number of lots shall be no greater than the
maximum permitted number of lots established in accordance with the
approved lot yield map.
(7)
Deed restrictions. Each lot that is part of
a lot-averaging plan shall be permanently deed restricted from any
future subdivision of that lot. When only a portion of a tract is
to be developed in a lot-averaging plan, deed restrictions against
further subdivision shall be required for the portion of the tract
devoted to the lot-averaging plan.
A.
Purpose. It is the purpose of these zones to recognize
and preserve areas of active agricultural use, together with adjacent
areas of prime or unique agricultural soils suitable for expansion
of agricultural operations, together with contiguous lands whose development
would impact upon areas of active agricultural use. It is recognized
that areas of active agricultural use are essential to the agricultural
industry, which is a major component of the economic base of the City.
It is the intent that areas of active agricultural use be sustained
and that an environment compatible with agricultural operations be
ensured. It is important that zone requirements and design standards
not be sacrificed to allow overdevelopment of properties, as this
would negatively impact upon the character of these areas of active
agricultural use. It is the intent that a farm be the preferred use
of property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is no automatic or implied right to develop a riding academy.
A riding academy should only be considered if all requirements of
this chapter, including design standards, can be met.
B.
C.
Accessory uses. Accessory uses in the A-5 Agricultural
Zone shall be as follows:
(1)
Private garage, 1,200 square feet maximum, for
a single-family dwelling.
[Amended 4-14-2020 by Ord. No. 2020-15]
(2)
Personal recreational facilities for a single-family
dwelling.
(3)
One storage shed, 400 square feet maximum, for
a single-family dwelling.
[Amended 9-11-2001 by Ord. No. 2001-67; 4-14-2020 by Ord. No.
2020-15]
(4)
One equipment storage building, 1,500 square
feet maximum, for a single-family dwelling, farm, public purpose use
or other use.
[Added 9-11-2001 by Ord. No. 2001-67; amended 4-14-2020 by Ord. No. 2020-15]
(5)
Agricultural employee housing for a farm.
(6)
Farm building for livestock, equipment, storage
of supplies or harvested crops, or for preparation of crops for market
for a farm.
(7)
Commercial production greenhouse for a farm.
(8)
Roadside stand, 300 square feet maximum, for
a single-family dwelling or a farm.
(9)
Trash or waste enclosure.
(10)
Fencing.
(11)
Signage.
A.
Purpose. It is the purpose of these zones to recognize
and preserve areas of active agricultural use, together with adjacent
areas of prime or unique agricultural soils suitable for expansion
of agricultural operations, together with contiguous lands whose development
would impact upon areas of active agricultural use. It is recognized
that areas of active agricultural use are essential to the agricultural
industry, which is a major component of the economic base of the City.
It is the intent that areas of active agricultural use be sustained
and that an environment compatible with agricultural operations be
ensured. It is important that zone requirements and design standards
not be sacrificed to allow overdevelopment of properties, as this
would negatively impact upon the character of these areas of active
agricultural use. It is the intent that a farm be the preferred use
of property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is no automatic or implied right to develop a riding academy.
A riding academy should only be considered if all requirements of
this chapter, including design standards, can be met.
B.
C.
Accessory uses. Accessory uses in the A-6 Agricultural
Zone shall be as follows:
(1)
All accessory uses permitted in the A-5 Zone.
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of forested areas which support habitat
of native plant and animal species, which contribute to recharge of
the aquifer and which protect and enhance the water quality within
watersheds contributing to river segments in the National Wild and
Scenic Rivers System. These areas are viewed as an important element
of the environment and are sensitive to development. These zones,
which offer an opportunity for rural living, are viewed as a transitional
area between higher density development and more undisturbed forested
areas. It is important that zone requirements and design standards
not be sacrificed to allow overdevelopment of properties, as this
would negatively impact upon the natural environment. It is the intent
that a single-family dwelling in a wooded setting be the preferred
use of property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is not an automatic or implied right to develop a riding academy.
A riding academy should only be considered if all the requirements
of this chapter, including design standards, can be met.
B.
C.
Accessory uses. Accessory uses in the W-5 Woodlands
Zone shall be as follows:
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of largely undisturbed forested areas which
support habitat of native plant and animal species, which contribute
to recharge of the aquifer and which protect and enhance the water
quality within watersheds contributing to river segments in the National
Wild and Scenic Rivers System. These areas are viewed as an essential
element of the environment and are very sensitive to development.
It is important that zone requirements and design standards not be
sacrificed to allow overdevelopment of properties, as this would negatively
impact upon this environment. It is the intent that a single-family
dwelling in a wooded setting be the preferred use of property, as
none of the other permitted uses are to be considered unless all other
requirements of this chapter can be met. For example, there is not
an automatic or implied right to develop a riding academy. A riding
academy should only be considered if all the requirements of this
chapter, including design standards, can be met.
B.
See § 425-196, which is made a part of this article by reference.
See § 425-197, which is made a part of this article by reference.
See § 425-198, which is made a part of this article by reference.
A.
Purpose. It is the purpose of this zone to encourage
light industrial and corporate office development in a campus-like
environment. It is important that zone requirements and design standards
not be sacrificed to allow overdevelopment of properties, as this
would negatively impact upon the character of these industrial areas.
Strict adherence to design standards is deemed very important because
of the proposed mix of uses.
B.
Permitted uses. Permitted uses in the I-1 Industrial
Zone shall be as follows:
(1)
Research and testing laboratory.
(2)
Truck terminal.
(3)
Corporate office.
(4)
Contractor's yard.
(5)
Food processing.
(6)
Printing and publishing.
(7)
Industrial photofinishing.
(8)
Warehousing, if all operations are conducted
indoors.
(9)
Fabrication of paper or wood products.
(10)
Fabrication of electronic products.
(11)
Fabrication of metal products.
(12)
Fabrication of plastic products.
(13)
Fabrication of clothing.
(14)
Fabrication of leather products.
(15)
Manufacture of light machinery.
(16)
Manufacture of glass or glass products.
(17)
Manufacture of pharmaceutical products.
(18)
Fabrication or light manufacture free from objectionable
odors, fumes, dirt, vibration or noise.
(20)
Medical cannabis cultivator.
[Added 12-14-2021 by Ord. No. 2021-73]
(21)
Medical cannabis manufacturer.
[Added 12-14-2021 by Ord. No. 2021-73]
(22)
Medical cannabis clinical registrant.
[Added 12-14-2021 by Ord. No. 2021-73]
(23)
Cannabis cultivator.
[Added 12-14-2021 by Ord. No. 2021-73]
(24)
Cannabis manufacturer.
[Added 12-14-2021 by Ord. No. 2021-73]
(25)
Cannabis wholesaler.
[Added 12-14-2021 by Ord. No. 2021-73]
(26)
Cannabis distributor.
[Added 12-14-2021 by Ord. No. 2021-73]
C.
Accessory uses. Accessory uses in the I-1 Industrial
Zone shall be as follows:
(1)
Administrative office for business on site.
(2)
Motor vehicle and equipment storage/repair garage
for business on site.
(3)
Recreational facility for business on site.
(4)
Restaurant, cafeteria, coffee shop for business
on site.
(5)
Outdoor storage, provided that it is screened
on four sides, for business on site.
(6)
Retail outlet, clearly incidental to the fabrication
or manufacture conducted on site.
(7)
Storage of recycled materials for utilization
in the fabrication or manufacture conducted on site.
(8)
Incineration or reduction of waste products
generated on site.
(9)
Sewage industrial pretreatment system for business
on site.
(10)
Environmental equipment, as may be required
by the Environmental Protection Agency or by the Department of Environmental
Protection.
(11)
Child-care center for business on site.
(12)
Parking.
(13)
Public bus shelter.
(14)
Trash enclosure.
(15)
Fencing.
(16)
Signage.
D.
Conditional uses. Conditional uses in the I-1 Industrial
Zone shall be as follows:
(1)
Heliport, helistop, helipad.
E.
Prohibited uses. Prohibited uses in the I-1 Industrial
Zone shall be as follows:
(1)
Manufacture of acids, corrosives, ammonia or
caustics.
(2)
Manufacture of cellulose products, resins, dyes
or glues.
(3)
Manufacture of explosives, combustible gases
or fireworks.
(4)
Manufacture of soaps, detergents or fertilizers
derived from animal sources.
(5)
Manufacture or smelting of metal or alloy ingots.
(6)
Manufacture of carbon.
(7)
Manufacture of disinfectants, insecticides or
poisons.
(8)
Manufacture or rendering of vegetable or animal
fats, lard or tallow.
(9)
Manufacture of feeds from refuse, mash or brewers'
grain.
(10)
Manufacture of lime, gypsum or plaster products.
(11)
Manufacture of perfumes or extracts.
(12)
Manufacture of plastics.
(13)
Manufacture of rubber or rubber treatments.
(14)
Manufacture of starches, glucose or dextrines.
(15)
Manufacture of brick, tile, terra cotta or charcoal.
(16)
Manufacture of linoleum or oil cloth.
(17)
Manufacture of sandpaper or emery.
(18)
Refining of petroleum or petroleum products.
(19)
Extracting of radioactive materials.
(20)
Curing or tanning of hides.
(21)
Animal or poultry processing (slaughtering).
(22)
Stone-crushing operation.
(23)
Distillation of tar, roofing or waterproofing
materials.
(24)
All uses or operations which are offensive because
of emissions, vibration, noise, glare or fire or explosive hazard.
(25)
Commercial incineration or reduction of waste
products.
(26)
On-site waste disposal (solid or hazardous waste
facility).
(27)
Sewerage treatment plant.
(28)
Resource extraction.
(29)
Professional building.
(30)
Any residential use.
(31)
Production of bitumen products.
[Added 9-8-2009 by Ord. No. 2009-62]
F.
Special zone standards. In addition to any other standards
contained within this chapter, the following special zone standards
shall be applicable to any use within the I-1 Industrial Zone:
(1)
Service areas, loading docks or similar appurtenances
shall be located within side yards or rear yards.
(2)
All fabrication and manufacture operations shall
be in a closed building.
(3)
Outdoor storage shall be screened from public
view (from any public street, road or sidewalk, from any adjoining
property or from any portion of the site accessible to the public)
by fencing and/or landscaping.
(4)
A minimum of 20% of each site shall be maintained
as natural woodland or be seeded and landscaped. All existing trees
are to be retained wherever possible.
A.
Purpose. It is the purpose of these zones to establish
an area of mixed commercial and industrial uses. Because this represents
an area in transition, changing from residential and agricultural
uses to commercial and industrial uses, there remains an allowance
for single-family dwellings and farms. It is the intent, however,
that a commercial or industrial development be the preferred use of
property, as none of the other permitted uses are to be considered
unless all other requirements of this chapter can be met. For example,
there is not an automatic or implied right to develop a residential
subdivision. A residential subdivision should only be considered if
all the requirements of this chapter, including design standards,
are met.
B.
Permitted uses. Permitted uses in the I-B Industrial-Business
Zone shall be as follows:
(2)
All uses permitted in the I-1 Zone.
(3)
Vocational training facility (industrial).
(4)
Wholesale operation.
(5)
All uses permitted in the B-3 Zone, except for
public garage (car wash, auto body shop, towing facility), drive-in
theater, flea market, self-storage business, sign business, new and
used car sales and billboards.
[Amended 12-26-2023 by Ord. No. 2023-75]
(6)
Airport.
(7)
Community residence, community shelter.
[Added 2-12-2002 by Ord. No. 2002-3]
D.
Conditional uses. Conditional uses in the I-B Industrial-Business
Zone shall be as follows:
[Amended 2-12-2002 by Ord. No. 2002-3]
F.
Special zone standards. In addition to any other standards
contained within this chapter, the following special zone standards
shall be applicable to any use within the I-B Industrial-Business
Zone: all special zone standards applicable in the I-1 Zone.
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of established industrial areas within
the City. As there is acreage suitable for development available within
these zones, it is further the purpose of this chapter to create industrial
areas allowing more uses than the I-1 or I-B Zones, so as to provide
varied industrial opportunities within the City. It is important that
zone requirements and design standards not be sacrificed to allow
overdevelopment of properties, as this would negatively impact upon
the utility of these industrial areas and upon the quality of life
of adjoining residential areas. Strict adherence to design standards
is deemed important.
B.
Permitted uses. Permitted uses in the I-2 Industrial
Zone shall be as follows:
(1)
All uses permitted in the I-1 Zone, except for
corporate office and governmental or public utility office.
(2)
Vocational training facility (industrial).
(3)
Wholesale operation.
(4)
Manufacture of sandpaper or emery.
(5)
Manufacture, reconditioning or rebuilding of
machinery.
(6)
Animal or poultry processing (slaughtering).
(7)
Mass production of pottery or ceramics.
(8)
Commercial/industrial operation, such as farm
machinery or earthmoving equipment sales and service.
(9)
Passenger terminal facility.
C.
Accessory uses. Accessory uses in the I-2 Industrial
Zone shall be as follows:
(1)
All accessory uses permitted in the I-1 Zone.
E.
Prohibited uses. Prohibited uses in the I-2 Industrial
Zone shall be as follows:
(1)
Manufacture of acids, corrosives, ammonia or
caustics.
(2)
Manufacture of cellulose products, resins, dyes
or glues.
(3)
Manufacture of explosives, combustible gases
or fireworks.
(4)
Manufacture of soaps, detergents or fertilizers
derived from animal sources.
(5)
Manufacture of smelting of metal or alloy ingots.
(6)
Manufacture of carbon.
(7)
Manufacture of disinfectants, insecticides or
poisons.
(8)
Manufacture or rendering of vegetable or animal
fats, lard or tallow.
(9)
Manufacture of feeds from refuse, mash or brewers'
grain.
(10)
Manufacture of lime or gypsum products.
(11)
Manufacture of perfumes or extracts.
(12)
Manufacture of plastics.
(13)
Manufacture of rubber or rubber treatments.
(14)
Manufacture of starches, glucose or dextrines.
(15)
Manufacture of brick, tile, terra cotta or charcoal.
(16)
Manufacture of linoleum.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(17)
Refining of petroleum or petroleum products.
(18)
Extracting of radioactive materials.
(19)
Curing or tanning of hides.
(20)
Stone-crushing operation.
(21)
Distillation of tar, roofing or waterproofing
materials.
(22)
Commercial incineration or reduction of waste
products.
(23)
On-site waste disposal (solid or hazardous waste
facility).
(24)
Sewerage treatment plant.
(25)
Resource extraction.
(26)
Professional building.
(27)
All residential uses.
(28)
Production of bitumen products.
[Added 9-8-2009 by Ord. No. 2009-62]
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of established industrial areas within
the City. As there is acreage suitable for development available within
these zones, it is further the purpose of this chapter to create industrial
areas allowing more uses than the I-1, I-B or I-2 Zones, so as to
provide varied industrial opportunities within the City. It is important
that zone requirements and design standards not be sacrificed to allow
overdevelopment of properties, as this would negatively impact upon
the utility of these industrial areas and upon the quality of life
of adjoining residential areas. Strict adherence to design standards
is deemed important.
B.
Permitted uses. Permitted uses in the I-3 Industrial
Zone shall be as follows:
C.
Accessory uses. Accessory uses in the I-3 Industrial
Zone shall be as follows:
(1)
All accessory uses permitted in the I-1 Zone.
E.
Prohibited uses. Prohibited uses in the I-3 Industrial
Zone shall be as follows:
(1)
All uses prohibited in the I-2 Zone, except
for manufacture of brick, tile or terra cotta; recycling facility,
if all operations are conducted indoors; and resource extraction.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
F.
Special zone standards. In addition to any other standards
contained within this chapter, the following special zone standards
shall be applicable within the I-3 Industrial Zone:
A.
Purpose. It is the purpose of this zone to preserve
areas exclusively for heavier industrial uses within the City. It
is important that zone regulations and design standards not be sacrificed
to allow overdevelopment of properties, as this would negatively impact
upon the utility of the industrial areas and upon the quality of life
of adjoining residential areas. Strict adherence to design standards
is deemed important, as is the absolute integrity of these zones,
because of the difficulty in siting and because of the limited supply
of land available.
B.
Permitted uses. Permitted uses in the I-4 Industrial
Zone shall be as follows:
(1)
Sewerage treatment plant.
(2)
Auto wrecking yard.
(3)
Nonhazardous waste reduction facility.
(4)
Junkyard.
(5)
Recycling operation.
(6)
Composting facility.
(8)
Medical
cannabis cultivator.
[Added 12-14-2021 by Ord. No. 2021-73]
(9)
Medical
cannabis manufacturer.
[Added 12-14-2021 by Ord. No. 2021-73]
(10)
Medical cannabis clinical registrant.
[Added 12-14-2021 by Ord. No. 2021-73]
(11)
Cannabis cultivator.
[Added 12-14-2021 by Ord. No. 2021-73]
(12)
Cannabis manufacturer.
[Added 12-14-2021 by Ord. No. 2021-73]
(13)
Cannabis wholesaler.
[Added 12-14-2021 by Ord. No. 2021-73]
(14)
Cannabis distributor.
[Added 12-14-2021 by Ord. No. 2021-73]
C.
Accessory uses. Accessory uses in the I-4 Industrial
Zone shall be as follows:
(1)
All accessory uses permitted in the I-1 Zone.
E.
Special zone standards. In addition to any other standards
contained within this chapter, the following special zone standards
shall be applicable within the I-4 Industrial Zone:
(1)
Outdoor storage shall be screened from public
view (from any public street, road or sidewalk; from any adjoining
property; or from any portion of the site accessible to the public)
by a screening fence 10 feet high.
(2)
The developed portion of the site of any permitted
use, with the exception of a public purpose use, shall be a minimum
of 100 feet away from any zone boundary line. This expanded buffer
area shall be kept free of weeds and debris.
(3)
An auto wrecking yard, a nonhazardous waste reduction facility, a junkyard or a recycling operation shall be subject to the regulations contained in Article XII, which by reference is made a part of this article.
(4)
Shrubbery, bushes or hedges shall be installed
along all public street frontages, planted 10 feet in from the right-of-way
line to enhance the aesthetics of the streetscape.
(5)
All access drives and parking areas shall be
paved.
A.
Purpose. It is the purpose of this zone to recognize
and preserve the character of the City's historic downtown or main
street. It is important that zone regulations and design standards
not be sacrificed to allow overdevelopment or improper utilization
of properties, as this would negatively impact upon the character
and viability of the downtown and upon the stability of adjoining,
older neighborhoods.
B.
Permitted uses. Permitted uses in the B-1 Business
Zone shall be as follows:
(1)
Retail store, except for those enumerated as
prohibited uses.
(2)
Convenience store.
(3)
Business, professional or medical office.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(4)
Bank.
(5)
Passenger terminal facility, taxi or bus stop.
(6)
Personal service shop, salon, except for those
enumerated as prohibited uses.
(7)
Vocational training facility (nonindustrial).
(8)
Parking lot.
(9)
Restaurant (as defined in Chapter 216, Alcoholic Beverages, of the Code of the City of Vineland).
[Amended 7-8-1997 by Ord. No. 97-41]
(10)
Indoor theater.
D.
Conditional uses. Conditional uses in the B-1 Business
Zone shall be as follows:
E.
Prohibited uses. Prohibited uses in the B-1 Business
Zone shall be as follows:
A.
Purpose. It is the purpose of these zones to recognize
and preserve commercial areas which are specifically intended to provide
convenient service to surrounding neighborhoods. Because of the necessary
interface with residential zones, it is important that negative impacts
be minimized. The intent is that nodes of commercial uses be created
and continued sprawl along collector and arterial roadways be prevented.
It is important that zone requirements and design standards not be
sacrificed to allow overdevelopment or improper utilization of properties,
as this would negatively impact upon the character of the commercial
area and the stability of adjoining neighborhoods. Strict adherence
to design standards is deemed important.
B.
Permitted uses. Permitted uses in the B-2 Business
Zone shall be as follows:
A.
Purpose. It is the purpose of these zones to recognize
and preserve the character of highway business areas within the City.
As there is acreage suitable for development available within these
zones, it is further the purpose of this chapter to create business
areas allowing more uses than the B-1 and B-2 Zones, so as to provide
varied business opportunities within the City. It is important that
zone requirements and design standards not be sacrificed to allow
overdevelopment of properties, as this would negatively impact upon
the character of these business areas and upon the quality of life
of adjoining residential areas. Strict adherence to design standards
is deemed important, particularly those standards which govern safe
ingress/egress, as the function of the highway system must be preserved.
B.
Permitted uses. Permitted uses in the B-3 Business
Zone shall be as follows:
(1)
All uses permitted in the B-1 Zone, in addition
those uses enumerated as prohibited uses in the B-1 Zone.
(2)
Restaurant.
(3)
Bar, tavern.
(4)
Fast-food restaurant.
(5)
Drive-in restaurant.
(6)
Gasoline station.
(8)
Produce market.
(9)
Animal hospital.
(10)
Hotel, motel.
(11)
Drive-in theater.
(12)
Outdoor amusement.
(13)
Flea market.
(14)
Bowling alley, skating rink.
(15)
Retail greenhouse.
(16)
Garden supply store.
(17)
Garden equipment sales.
(18)
Equipment rental business.
(19)
Self-storage business.
(20)
Sign business.
(21)
Supermarket.
(22)
New and used car sales.
(23)
Billboard.
(24)
Senior day-care facility.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
(25)
Assisted living residence.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
C.
Accessory uses. Accessory uses in the B-3 Business
Zone shall be as follows:
D.
Conditional uses, Conditional uses in the B-3 Business
Zone shall be as follows:
(1)
[1]
Editor's Note: Former Subsection D(1), Church,
congregation, which preceded this subsection, was repealed 4-10-2007
by Ord. No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.
[2]
Editor's Note: Former Subsection D(2), Mobile
home park, which followed this subsection, was repealed 5-25-1999
by Ord. No. 98-69.
(2)
Medical marijuana alternative treatment center (dispensary facility
only).
[Added 3-26-2019 by Ord.
No. 2019-20]
(3)
Medical
cannabis dispensary.
[Added 12-14-2021 by Ord. No. 2021-73]
(4)
Cannabis
retailer.
[Added 12-14-2021 by Ord. No. 2021-73]
A.
Purpose. It is the purpose of these zones to encourage
larger scale comprehensively planned, regional commercial complexes
along selected arterials within the City. It is important that zone
requirements and design standards not be sacrificed to allow overdevelopment
or improper utilization of properties, as this would negatively impact
upon the character of these business areas and upon the quality of
life of adjoining residential areas. Strict adherence to design standards
is deemed very important because these zones contribute significantly
to the City's image because of their high visibility.
B.
Permitted uses. Permitted uses in the B-4 Business
Zone shall be as follows:
(1)
All uses permitted in the B-3 Zone, except for
public garage (car wash, auto body shop, towing facility), drive-in
theater, flea market, self-storage business, sign business, new and
used car sales, and billboard.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(2)
Community shopping center/planned commercial
development.
C.
Accessory uses. Accessory uses in the B-4 Business
Zone shall be as follows:
(1)
All accessory uses permitted in the B-1 Zone.
D.
Conditional uses. Conditional uses in the B-4 Business
Zone shall be as follows:
(1)
Recreational facility.[1]
[1]
Editor's Note: Former Subsections D(1), Church,
congregation, and D(2), Cemetery, crematorium, which preceded this
subsection, were repealed 4-10-2007 by Ord. No. 2007-26 and 6-24-2008
by Ord. No. 2008-39. Former Subsection D(3), Mobile home park, which
previously followed this subsection, was repealed 5-25-1999 by Ord.
No. 98-69. Former Subsection D(4), Heliport, helistop, helipad, which
previously followed this subsection, was repealed 4-10-2007 by Ord.
No. 2007-26 and 6-24-2008 by Ord. No. 2008-39.
[Added 5-25-1999 by Ord. No. 98-69]
A.
Purpose. It is the purpose of these zones to recognize
and preserve mobile home parks or manufactured home communities and
to seek to maximize the compatibility between the parks and the surrounding
areas. In accordance with the Municipal Land Use Law, as amended,[1] the City of Vineland finds manufactured housing to be
an important source of affordable housing. The Planning Board, in
applying the standards of this section, will determine the number
of mobile or manufactured home spaces in a park, as well as the overall
conditions of the development approval as included in the final site
plan. The City Council will continue to monitor the operation and
maintenance of parks, once developed, through the annual license renewal
procedures.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Permitted uses. Permitted uses in the MHP Mobile Home
Park Zone shall be as follows:
(1)
Single-family dwelling in accordance with the
single-family dwelling standards of the most restrictive adjoining
residential zone.
(2)
Mobile home parks, or expansions thereto, in accordance with Article IX of this chapter, and only when public sewer service and public water service (i.e., "community water system" as defined by the 1966 Safe Drinking Water Act) is provided. See §§ 425-100 through 425-147, which are made a part of this article by reference.
(4)
Community residence, community shelter.
[Added 2-12-2002 by Ord. No. 2002-3]
C.
Accessory uses. Accessory uses in the MHP Mobile Home
Park Zone shall be as follows:
(1)
All accessory uses permitted in the R-1 Zone.
(2)
The accessory uses in a mobile home park may
include typical residential storage, including sheds, park maintenance
and utility structures, including a laundry building, a residence
and office of the park manager, which need not be a mobile home, a
retail mobile home sales office and display area and park recreational
facilities, including community building and swimming pool.
(3)
Any and all structures incidental to the operation
of a mobile home park, including sewage and water utility improvements,
improvements necessary for any other utilities provided, including
but not limited to cable television and electrical pedestals, and
aboveground oil and propane storage tanks.[2]
[2]
Editor's Note: Former Subsection D, Conditional
uses, which immediately followed this subsection, was repealed 2-12-2002
by Ord. No. 2002-3.
[Added 7-24-2001 by Ord. No. 2001-48]
A.
Purpose. It is the purpose of this zone to encourage
development of a regional medical/educational/cultural center. It
is important that zone requirements and design standards not be sacrificed
to allow overdevelopment or improper utilization of properties, as
this would negatively impact upon the character of this area and upon
the desired symbiotic relationship between uses. Strict adherence
to design standards is deemed very important because this zone contributes
significantly to the City's image because of its high visibility.
B.
Permitted uses. Permitted uses in the IN-1 Institutional
Zone shall be as follows:
(1)
Hospital.
(2)
Rehabilitation hospital.
(3)
Ambulatory care facility.
(4)
Diagnostic facility.
(5)
Therapeutic/rehabilitation facility.
(6)
Long-term care facility.
(7)
Assisted-living residence.
(8)
Residential treatment center.
(9)
Substance abuse counseling or treatment center.
(10)
Adult day health-care facility.
(11)
Emergency medical service facility.
(12)
College/university.
(13)
Business or professional office.
(14)
Bank.
(15)
Restaurant (as defined in Chapter 216, Alcoholic Beverages, of the Code of the City of Vineland).
(16)
Indoor theater.
(17)
Passenger terminal facility, taxi or bus stop.
(18)
Vocational training facility (nonindustrial).
(19)
Senior day-care facility.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
[Added 6-27-2006 by Ord. No. 2006-52]
A.
Purpose. It is the purpose of this zone to implement
the City Master Plan to provide for the appropriate use of a unique
and historic area of the City. The lands within the IN-2 Institutional
Zone are planned, designed and developed as the campuses for public
and quasi-public institutional uses. These uses provide residential
facilities, training, care and therapy for disabled individuals. The
IN-2 Institutional Zone permits the continuation of the institutional
activity and use of the campuses. It also allows for the adaptive
reuse of the campuses as one or more planned developments for age-restricted
housing. By permitting adaptive reuse, the City will expand the housing
and care opportunities available to a growing senior citizen population.
The landscaped open spaces and older buildings associated with the
historic campus designs are part of the City's cultural landscape
and contribute to the desirable and unique visual environment of this
area of the City. Consequently, any planned development permitted
as an adaptive reuse of the campuses must be based upon an overall
plan that maintains the historic buildings and the open space character
of the campus landscape.
B.
Permitted uses. Permitted uses in the IN-2 Institutional
Zone shall be as follows:
(1)
Developmental center for the disabled and attendant
facilities and offices.
(2)
Therapeutic/rehabilitation facility.
(3)
Long-term-care facility.
(4)
Adult day health-care facility.
(5)
College/university.
(6)
Library, museum or art gallery.
(7)
Vocational training facility (nonindustrial).
(8)
Community residence for the developmentally
disabled.
C.
Accessory uses. Accessory uses in the IN-2 Institutional
Zone shall be as follows:
(1)
Parking.
(2)
Public bus shelter.
(3)
Trash enclosure.
(4)
Fencing, walls, and retaining walls.
(5)
Signage.
(6)
Other uses and structures that are located on
the same lot with the principal use and that are customarily incidental
and clearly subordinate to the permitted principal use of the land
or building.
E.
Planned development standards. Planned development
of an age-restricted residential community and nonresidential uses
is permitted within the IN-2 Institutional Zone. Planned development
shall be designed and coordinated with the overall plan for the use
and adaptive reuse of an institutional campus. Planned development
shall be subject to the following requirements:
(1)
A comprehensive plan for the campus must be submitted by the applicant and approved by the Planning Board, except as provided under Subsection E(10), Commercial land use. The comprehensive plan shall be drawn at a scale of not less than one inch equals 100 feet. Architectural plans and elevations required as part of the comprehensive plan shall be drawn to a scale of not less than 1/8 inch equals one foot.
(2)
The comprehensive plan shall include the following:
(a)
Cultural and natural resources inventory. The
cultural and natural resources inventory shall include, but not be
limited to, historic or architecturally important buildings, archaeological
features, designed landscapes, and any other significant features
within the campus.
(b)
Land use plan. The land use plan shall show
the tract and the locations of the land uses within the tract proposed
for the planned development. The total number of dwelling units, the
amount of nonresidential floor area and the proposed land area to
be devoted to each use shall be shown and set forth. In addition,
the proposed types of residential and nonresidential uses to be included
in the planned development shall be shown and set forth, and the land
area to be occupied by each proposed use shall be calculated. The
residential density and the nonresidential floor area ratio shall
be provided. The plan shall also provide for the location of public
areas in accordance with the recommendations of the City Master Plan.
(c)
Adaptive reuse plan. The adaptive reuse plan
shall identify the features, open spaces and buildings of the campus
that will be retained as part of the planned development. The adaptive
reuse plan shall also identify the features, open spaces and buildings
proposed to be altered or removed as part of the planned development.
(d)
Circulation plan. The circulation plan shall
show the location and types of transportation facilities, including
facilities for pedestrians, bicycles, transit and motor vehicles (e.g.,
automobiles and trucks) within the planned development and the connections
and access into the planned development from the surrounding City
streets or adjoining land uses. The circulation plan shall also identify
the hierarchy and classification and design standards proposed for
all streets within the planned development. The circulation plan shall
identify any proposed improvements or modifications to the existing
transportation system outside the planned development.
(e)
Open space and recreation plan. The open space
and recreation plan shall show the location of and shall identify
the open space areas proposed for the planned development. The plan
shall indicate whether they will be private, common or public open
space areas. The plan shall include a description of the improvements
proposed to the open space areas and identify the recreation features
and facilities, both active and passive, to be provided. The plan
shall address the proposed ownership, operation, and maintenance of
the open space areas and recreation features and facilities of the
planned development.
(f)
Utility plan. The utility plan shall identify
the need for and the proposed location of the sanitary sewer lines
and facilities and the waterlines and identify how the sewer and water
demands of the site will be met. The plan shall also identify the
proposed methods for handling solid waste disposal.
(g)
Stormwater management plan. The stormwater management
plan shall set forth the method for controlling and managing stormwater
within the planned development, in addition to any off-site impacts
and connections to the public drainage system. The plan shall show
the location of the drainage facilities proposed on site and off site,
including any retention or detention basins or underground stormwater
facilities.
(h)
Community facility plan. The community facility
plan shall indicate the type and scope of any community facilities
proposed for the planned development, such as but not limited to educational
or cultural facilities, historic sites, libraries, or public areas.
(i)
Housing plan. The housing plan shall identify
the number, type, and location of housing units to be provided. The
plan shall identify how the development will provide for the construction
of affordable housing, as required by the City's affordable housing
regulations.
(j)
Conservation plan. A conservation plan shall
demonstrate how the development will be designed and how the buildings
will be arranged to conserve energy and air and water resources.
(k)
Architectural plan. The preliminary architectural
elevations and floor plans for the proposed buildings shall be submitted.
The plan shall be based on a common architectural theme for the adaptive
reuse of the campus. The architectural plan shall include the proposed
design of porches, patios, decks and terraces for dwelling units.
The architectural plan will promote an attractive visual environment
and establish a convenient relationship among buildings and the circulation
system and the open space system of the planned development.
(l)
Timing and phasing plan. The timing and phasing
plan for the proposed planned development shall provide the timing
and phasing of improvements in each section within the development
and shall include the terms and conditions to protect the interests
of the public and the residents, occupants and owners of the proposed
development in the total completion of the development.
(m)
Local service plan. The local service plan shall
identify the public services that the applicant proposes to provide
to the development.
(n)
Municipal development agreement. A written agreement
between the developer and the City shall be provided for City review
and approval. The agreement shall provide for, but not necessarily
be limited to, the obligation of the developer to provide and pay
for municipal services enumerated under the Municipal Services Act.
The agreement shall require that the developer shall provide and pay
for such services until such time as the City is required to provide
the services or to reimburse a qualified private community for the
services, pursuant to the provisions of the Municipal Land Use Law
and the Municipal Services Act.
(3)
Permitted uses within an age-restricted residential
community. Planned development in the IN-2 Institutional Zone is limited
to the following uses:
(a)
Uses permitted as of right in the IN-2 Zone.
(b)
Residential cluster(s) of housing limited to
dwellings that qualify as "55 and over housing" within the meaning
of the Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.
Occupancy of such housing shall be by at least one person 55 years
of age or older per unit, and further provided that no child who has
not attained the age of 18 years shall be domiciled therein. The type
and the number of dwelling units shall be limited as follows:
[1]
Only single-family detached dwellings, townhouses
and assisted living facilities shall be permitted as part of a residential
cluster. A single-family detached dwelling is a building containing
one dwelling unit which is not attached to any other dwelling unit
by any means and which is surrounded by open space or yards. For purposes
of this section, a townhouse is a structure that contains three to
six dwelling units in a row, in which each unit has its own front
and rear access to the outside, no unit is located over another unit,
and each unit is separated from any other unit by one or more vertical
common fire-resistant walls.
[2]
Not less than 50% of the dwelling units shall
be single-family detached dwellings.
[3]
Not more than 50% of the dwelling units shall
be townhouse dwelling units.
(c)
Assisted living facility. An assisted living
facility licensed by the New Jersey Department of Health and Senior
Services, providing residences for the frail elderly and the disabled,
may be permitted as part of the planned development of an age-restricted
residential community.
(4)
Accessory uses within an age-restricted residential
community. The planned development of an age-restricted residential
community in the IN-2 Institutional Zone is limited to the following
accessory uses:
(a)
Open space areas and recreation features and
facilities, including buildings for the common use and enjoyment of
the residents of the planned development such as, but not necessarily
limited to, clubhouse or community building, tennis courts, trails
and walking paths.
(b)
Facilities for the maintenance and administration
of the planned development.
(c)
Other uses incidental and customarily associated
with the permitted residential uses.
(5)
Requirements for the development of an age-restricted
residential community. An age-restricted residential community in
the IN-2 Institutional Zone shall meet the following requirements:
(a)
Minimum contiguous tract area: 140 acres.
(b)
Minimum tract frontage: 500 feet on each public
street.
(c)
Minimum tract depth: 500 feet.
(d)
Maximum impervious coverage for the entire tract
area: 40%.
(e)
Maximum total tract building coverage for the
entire tract area: 18%.
(f)
Minimum open space requirement for the entire
tract area: 50%. The stormwater management facilities of the development,
including retention basins, detention basins, and infiltration basins,
shall be considered structures and shall not be considered as open
space for the purpose of meeting the minimum open space requirement.
The Planning Board, however, may, in its sole discretion, partially
or wholly credit as open space facilities such as bioretention systems,
vegetative filters, and other stormwater management features that
are designed, landscaped and arranged to visually enhance the open
space areas, to provide natural approaches to stormwater management,
and to improve the appearance of the development.
(g)
Minimum perimeter open space requirement. The
planned development shall provide landscaped open space at the tract
perimeter to buffer the planned development and to maintain existing
campus open space as a greenbelt. No buildings shall be located in
the open space except for the following: gatehouse building or a structure
purely incidental to and designed to complement the open space; an
existing building approved to remain as part of the adaptive reuse
of the campus; a nonresidential building(s) at a location on Main
Road approved as part of the comprehensive plan for the age-restricted
residential community as the commercial component of the planned development.
No stormwater management basin shall be located in the open space.
The minimum depth of the perimeter open space shall be as follows:
(h)
Maximum floor area ratio (FAR) permitted for
all buildings, including both residential and nonresidential, for
the entire tract area: 0.18.
(i)
Maximum residential permitted density for the
entire tract area (all dwellings inclusive of assisted living units):
three dwellings per acre.
(6)
Water and sewerage facilities. The development
shall be served by public water and public sanitary sewer, which shall
be installed at the expense of the developer. No construction permit
shall be issued unless and until plans for such facilities have been
submitted to the proper authority for approval and adequate provisions
are made to ensure that all necessary facilities are installed.
(7)
Utilities. All utilities shall be installed
underground. The developer shall establish and convey appropriate
utility easements to the utility provider.
(8)
Requirements for single-family detached dwelling
units. Single-family detached dwelling units shall be located and
designed to meet the requirements set forth below. Setbacks from the
streets within the planned development shall be measured from the
street right-of-way line assigned by the state Residential Site Improvement
Standards (RSIS), whether the street is public or private. The street
right-of-way shall include the street cartway, curb and sidewalk.
(a)
The street system of the development shall conform
to the comprehensive plan of the development. Interior streets shall
be classified in a hierarchy with design tailored to function. Each
dwelling unit shall front on and be accessed from a residential street
within the planned development that meets the minimum standards for
a neighborhood street in accordance with the standards for a neighborhood
street as set forth in the residential street hierarchy standards
of the state Residential Site Improvement Standards. Each collector
street shall be designed to meet the standards of the state Residential
Site Improvement Standards (RSIS).
(b)
All streets, driveways, and parking areas shall
be private. The City shall have no responsibility to maintain or contribute
to the maintenance of parking areas or driveways.
(c)
Prior to final approval, the developer shall
provide a municipal services agreement with the City for the contribution
by the City for removal of snow, ice and other obstructions from roads
and streets, for lighting of roads and streets, and for collection
of leaves. The agreement shall be consistent with the provision of
the Municipal Services Act and the Municipal Land Use Law.
(d)
Minimum building setback from a minor or major
collector street: 30 feet.
(e)
Minimum building setback from a residential
access or residential neighborhood street: 25 feet.
(f)
Minimum distance between buildings (side to
side): 15 feet.
(g)
Minimum distance between buildings (rear to
rear or rear to side): 60 feet.
(h)
Minimum spacing between driveways: 10 feet.
(i)
Each dwelling unit shall be designed and constructed
with and shall maintain a private outdoor space that may be designed
as a patio, porch, terrace or a deck at the first living level at
the rear of the dwelling unit. The patio, porch, terrace or deck shall
be in accordance with the approved site plan for the development.
The patio, porch, terrace or deck shall not project more than 12 feet
from the building. The patio, porch, terrace or deck shall be at least
160 square feet in area but not more than 300 square feet in area.
Privacy fencing is permitted to a height not to exceed six feet above
the surface level of the patio, porch, terrace or deck. A fence to
a height not to exceed four feet is permitted to extend and complete
the enclosure, installed parallel with and located a distance of up
to 12 feet from the rear wall of the dwelling unit.
(j)
Maximum building height: 2 1/2 stories,
not to exceed 35 feet.
(k)
Garage requirement: Each dwelling unit shall
be constructed with and shall maintain an attached garage for at least
one car and be served by a paved driveway with a width of at least
10 feet. The master deed and bylaws of the community association shall
prohibit the conversion of the required garage to any other use.
(9)
Requirements for townhouses. Buildings containing
townhouse dwelling units shall be located and designed to meet the
requirements set forth below. Setbacks from the streets within the
planned development shall be measured from the street right-of-way
line assigned by the state Residential Site Improvement Standards
(RSIS), whether the street is public or private. The street right-of-way
shall include the street cartway, curb and sidewalk.
(a)
The street system of the development shall conform
to the comprehensive plan of the development. Interior streets shall
be classified in a hierarchy with design tailored to function. Each
dwelling unit shall front on and be accessed from a residential street
within the planned development that meets the minimum standards for
a neighborhood street in accordance with the standards for a neighborhood
street as set forth in the residential street hierarchy standards
of the state Residential Site Improvement Standards. Each collector
street shall be designed to meet the standards of the state Residential
Site Improvement Standards (RSIS).
(b)
All streets, driveways and parking areas shall
be private. The City shall have no responsibility to maintain or contribute
to the maintenance of parking areas or driveways.
(c)
Prior to final approval, the developer shall
provide a municipal services agreement with the City for the contribution
by the City for removal of snow, ice and other obstructions from roads
and streets; for lighting of roads and streets; and for collection
of leaves. The agreement shall be consistent with the provisions of
the Municipal Land Use Law and the Municipal Services Act.
(d)
Minimum building setback from a minor or major
collector street: 30 feet.
(e)
Minimum building setback from a residential
access or residential neighborhood street: 25 feet.
(f)
Minimum distance between buildings (side to
side): 30 feet.
(g)
Minimum distance between buildings (rear to
rear or rear to side): 60 feet.
(h)
Each dwelling unit shall be constructed with
and shall maintain a private outdoor space that may be designed as
a patio, terrace, deck or porch at the first living level at the rear
of the dwelling unit. The patio, terrace, deck or porch shall be in
accordance with the approved site plan for the development. The patio,
porch, terrace or deck shall not project more than 12 feet from the
building. The patio, porch, terrace or deck shall be at least 160
square feet in area but not more than 300 square feet in area. Privacy
fencing is permitted to a height not to exceed six feet above the
surface level of the patio, porch, terrace or deck. A fence to a height
not to exceed four feet is permitted to extend and complete the enclosure,
installed parallel with and located a distance of up to 12 feet from
the rear wall of the dwelling unit.
(i)
Maximum building height: 2 1/2 stories,
not to exceed 35 feet.
(j)
Garage requirement: Each dwelling unit shall
be constructed with and shall maintain an attached garage for at least
one car and be served by a paved driveway with a width of at least
10 feet. The master deed and bylaws of the community association shall
prohibit the conversion of the required garage to any other use.
(10)
Commercial land use. The Planning Board may permit a limited commercial development area for retail, personal service and office use as a section of the planned development. Notwithstanding the comprehensive planning provisions of Subsections E(1) and E(2), above, the Planning Board may review and approve an application for the commercial development area prior to submission of a comprehensive plan for the adaptive reuse of the entire campus tract as a planned development. Review and approval of the commercial development area is subject to the following requirements and limitations.
(a)
The maximum area permitted for the commercial
development area is 5.5 acres.
(b)
The commercial development area must be a contiguous
area of the tract fronting on Main Road.
(c)
The commercial development area shall not be subject to the minimum perimeter open space requirement for Main Road as set forth in Subsection E(5)(g). However, no portion of the commercial development area shall be within the perimeter open space required from Landis Avenue.
(d)
An overall conceptual development plan for the
commercial development area shall be submitted for review and approval
by the Planning Board. The overall conceptual development plan shall
depict the commercial development area at its full development by
showing the building locations within the commercial development area
in relation to proposed circulation, parking, stormwater management,
open spaces, and adjoining land uses. Individual applications for
subdivision approval or for site plan approval within the commercial
development area may be submitted in conjunction with or subsequent
to the submission of the overall conceptual development plan.
(e)
The layout and circulation plan for the commercial
development area shall provide for vehicular and pedestrian access
directly from Main Road into the remainder of the campus tract. The
plan for the commercial development area shall be arranged to facilitate
circulation and interconnect its pedestrian and vehicular circulation
system with the development of the campus.
(f)
The total floor area of the building(s) within
the commercial development area shall not exceed 30,000 square feet.
(g)
The commercial development area shall provide
and maintain a landscaped buffer at least 50 feet in width to any
residential section of the campus.
(h)
The commercial development area shall meet the
area, yard, bulk, and parking requirements for the B-3 District for
business uses. Signs shall be subject to the signage standards of
the IN-2 Zone.
(i)
The permitted uses within the commercial development
area shall be limited to the following uses: retail store; personal
service shop; convenience store; business or professional office;
bank; restaurant. No use within the commercial development, except
for a bank, shall be a drive-in use or a drive-through use that by
design, physical facilities, service or packaging procedures encourages
or permits customers to receive services or obtain goods while remaining
in their motor vehicles. No gasoline station or automotive repair
or auto body repair use shall be permitted as part of the commercial
development. No use listed as a prohibited use in the B-1 Zone shall
be permitted as part of the commercial development.
(j)
Prior to approving a site plan for the commercial development area, the Planning Board shall make the requisite finding of facts under Subsection E(15), as applicable.
(k)
The subdivision of individual lots within the
commercial development area for a permitted nonresidential land use
is permissible, provided that the lot meets the requirements of the
B-3 Zone and is created in conformance with an approved final site
plan. Each subdivided lot shall be subject to and may only be improved
in accordance with the approved site plan.
(11)
Common open space and recreation area requirements.
The planned development shall provide open space and recreation areas
and improvements for the use of residents, owners and guests to meet
the following requirements:
(a)
A minimum of 50% of the entire tract area shall
be reserved for open space and recreation use. Areas shall be designated
as common open space for the use and enjoyment of the residents and
owners of the development.
(b)
The recreational facilities within the development
shall include a clubhouse community building of at least 6,000 square
feet in floor area and an indoor swimming pool with a minimum area
of 2,500 square feet. The clubhouse community building and the indoor
swimming pool shall be completed by the issuance of the 150th building
permit of the single-family units and the townhouse units approved
for the development.
(c)
The development shall provide other appropriate
outdoor active recreation facilities as approved by the Planning Board
for common use. Such facilities may include walking paths, tennis
courts, and similar facilities. All common open space and any common
recreation facilities shall be set aside for the use and benefit of
the owners and residents of the development owned in accordance with
the provisions of N.J.S.A. 40:55D-43. The developer shall provide
for an organization for the ownership and maintenance of the open
space and recreation facilities for the benefit of owners or residents
of the development in accordance with the provisions of N.J.S.A. 40:55D-43.
(d)
The Planning Board may allow a greater concentration
of density or intensity of land use within a section or sections of
the development, whether it be earlier, later or simultaneous in the
development, than in others. A greater concentration of density or
intensity of land use for any section must be offset by a smaller
concentration in any completed prior stage or by an appropriate reservation
of open space on the remaining land by grant of easement or by covenant
in favor of the City.
(12)
Landscaping requirement. The development shall
plan and provide for the landscaping of the entire tract. Landscaping
shall include building foundation plantings, clusters of plantings
in strategic areas, shade trees along roadways, sidewalks and pedestrian
paths, and preservation of existing vegetation and specimen plantings.
(13)
Architectural and building design requirements.
Buildings and their environs should be designed to be attractive from
all vantage points, including fences, storage areas, and rear entrances
and elevations. All groups of related buildings shall be designed
to harmonize architectural treatment and exterior materials and to
meet the following requirements:
(a)
Accessory structures should be architecturally
coordinated with the principal structure.
(b)
Visual harmony should be created between new
and older buildings.
(c)
Buildings should be designed to avoid long unbroken
lines and monotony of expression. Building detail, forms and setback
should be used to provide visual interest.
(d)
Buildings should be spaced to permit sufficient
light and privacy and circulation.
(e)
Signage shall be coordinated with architectural
design. Signs shall be subject to the sign standards of the IN-2 Zone.
(14)
Approval of the community association, covenants
and easements. The proposed restrictive covenants, articles of incorporation,
master deed and bylaws, or other documents concerning the creation
of an association for the ownership and maintenance of common land
and/or common elements and facilities and the restriction of occupancy
and use of the development shall be submitted to the Planning Board
and approved by the Planning Board attorney prior to preliminary approval
of the site plan for the planned development.
(15)
Findings for planned developments. Prior to
the approval of the planned development in the IN-2 Zone, the Planning
Board shall find the following facts and conclusions as required by
N.J.S.A. 40:55D-45:
(a)
That departures by the proposed development
from zoning regulations otherwise applicable to the subject property
conform to the Zoning Ordinance standards for planned development.
(b)
That the proposals for maintenance and conservation
of the common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(c)
That provision through the physical design of
the proposed development for public services, control over vehicular
and pedestrian traffic, and the amenities of light and air, recreation
and visual enjoyment are adequate.
(d)
That the proposed planned development will not
have an unreasonably adverse impact upon the area in which it is proposed
to be established.
(e)
That the terms and conditions intended to protect
the interests of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development
are adequate.
(16)
Subdivision of individual lots. The subdivision
of individual lots within the planned development as public or common
open space for active or passive recreational facilities, or for assisted
living facilities, or for a permitted nonresidential land use is permissible,
provided that any such lot is created in conformance with an approved
overall preliminary site plan for the entire planned development and
the subdivided parcel has received final site plan approval. Each
subdivided lot and any proposed improvement on that lot shall be subject
to and may only be improved in accordance with the approved site plan
for the planned development.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A.
Purpose. The purpose of the CO Conservation Zone is
to provide for the conservation and use of the dedicated open spaces
within the City that are owned and managed by the City, the county,
the state or the federal government or that are privately owned and
dedicated to open space and conservation uses.
B.
Permitted uses in the CO Conservation Zone shall be
as follows:
(1)
Public parks or public outdoor recreation area.
(2)
Public or private open space.
(3)
Public or private conservation areas.
(4)
Water, forest and wildlife conservation or management
areas and related uses.
(5)
Public agricultural or environmental research
centers.
(6)
Existing public utility installations.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A.
Purpose. The purpose of the P Public Zone is to provide
for the public use and development of areas owned by the City, the
county, the state, the federal government, or agencies thereof, on
a permanent basis, for public purposes.
B.
Permitted uses. The permitted uses in the P Public
Zone shall be public uses as located and approved by the City of Vineland,
including, but not necessarily limited to, the following:
(1)
Public office or administration buildings, maintenance
yards, garages, and similar structures.
(2)
Public education and cultural institutions.
(3)
Public parks, playgrounds, play fields, and
open space.
(4)
Public library.
(5)
Public recreation facilities.
(6)
Public water storage and treatment facilities.
(7)
Public wastewater treatment facilities.
(8)
Utility installations.
(9)
Communications installations.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
MF Multifamily Zone standards.
A.
Purpose. The purpose of the MF Multifamily Zone is
to permit residential development that includes the multifamily development
of townhouses as a residential cluster. The townhouse cluster is an
alternative to single-family development in the zone. The increased
density for the townhouse development must be offset by open space
preservation as part of the cluster.
B.
Permitted uses in the MF Multifamily Residential Zone
shall be as follows:
C.
Accessory uses. Accessory uses within the MF Multifamily
Residential Zone shall be as follows:
(1)
All accessory uses permitted in the R-1 Zone.
(2)
Farm building for livestock, equipment, storage
of supplies or harvested crops, or for preparation of crops for market
for a farm.
(3)
Commercial production greenhouse for a farm.
(4)
Roadside stand, 300 square feet maximum, for
a single-family dwelling or a farm.
F.
Multifamily residential cluster in the MF Zone. A residential cluster
of townhouses may be permitted in the MF Zone on a contiguous area
that is to be developed as a single entity according to a plan in
accordance with the requirements below. The Planning Board may approve
a residential cluster of townhouses where it determines that the intent
and purpose of the City Master Plan is better served by the cluster
design and that the development meets the requisite standards and
criteria for the residential cluster option.
[Amended 2-24-2009 by Ord. No. 2009-12; 9-24-2013 by Ord. No.
2013-42]
(1)
The maximum permitted number of townhouse dwelling units in the residential cluster shall not exceed the number of single-family dwelling units permitted for a fully conforming subdivision of residential lots in the zone, unless modified by Subsection F(2) hereinbelow. For purposes of determining the maximum number of dwellings permitted, the applicant shall submit a yield map of a conforming conventional subdivision layout. The conforming lot yield map shall be in sufficient detail to permit the Planning Board to make an informed decision that the subdivision would satisfy the ordinance requirements in every respect and would be approvable as a conventional subdivision without the need for any variances, waivers or design exceptions from the City development regulations.
(2)
If the townhouse development provides affordable housing on
site, then the maximum density of the development shall be in accordance
with the densities as indicated below:
(a)
For development within Planning Area 1 of the State Development
and Redevelopment Plan, or substantially similar land use designation,
the maximum density shall be eight dwellings to the gross acre.
(b)
For development within Planning Area 2 of the State Development
and Redevelopment Plan, or substantially similar land use designation,
the maximum density shall be six dwellings to the gross acre.
(3)
The affordable housing units may be constructed as townhouse
units or as dwelling units located one over another.
(4)
The first floor of all townhouse dwelling units and of all other
multistory dwellings shall comply with the Barrier Free Subcode, N.J.A.C.
5:23-7, and the following requirements:
(a)
An adaptable toilet and bathing facility on the first floor;
(b)
An adaptable kitchen on the first floor;
(c)
An accessible route of travel; however, an interior accessible
route of travel shall not be required between stories;
(d)
An adaptable room that can be used as a bedroom, with a door
or the casing for the installation of a door, on the first floor;
and
(e)
An accessible entranceway.
(5)
The Planning Board may reduce the minimum common or public open
space requirement of the cluster to 25% of the gross land area of
the cluster in order to accommodate an increased number of dwellings
to provide affordable housing.
(6)
If the zoning on a site has changed subsequent to December 17,
2007, the number of units permitted for the purpose of calculating
the additional number of units shall be the higher of the current
number of units permitted or the number of units permitted on December
17, 2007.
(7)
Minimum total land area required. The minimum total land area
required for development of a multifamily residential cluster of townhouses
is five developable acres.
(8)
Sewer and water. The dwelling units of a residential cluster
shall be served by public sewer and water.
(9)
Open space design requirements. The cluster design for open
space should be arranged to preserve land as public or common open
space in accordance with the following criteria:
(a)
A minimum of 40% of the gross land area of the cluster shall
be preserved as common open space.
(b)
All areas to be preserved as common open space shall be clearly
identified and reserved on the plans submitted for approval. The existing
and planned use of the open space shall be indicated on the plans.
(c)
The minimum land area required to be preserved as common open
space shall be land that is not already preserved as open space or
preserved as farmland.
(d)
The area proposed as public or private open space shall be suitable
for enjoyment and use as open space. The Planning Board may withhold
approval of any area that it deems unsuitable as open space.
(e)
At least 65% of the minimum land area required to be preserved
as common open space shall be land unencumbered by any of the following:
(f)
Stormwater management basins are structures and do not qualify
as open space for the purpose of meeting the common open space requirements.
(g)
Any common open space area shall be at least two acres in area
and have a minimum width of 200 feet and a minimum depth of 200 feet.
The Planning Board may approve a smaller area where it determines
that such action would be beneficial to the open space design of the
cluster.
(h)
An open space lot shall have a minimum road frontage of at least
100 feet.
(10)
Common open space ownership. The developer shall provide a plan
for the use, ownership and maintenance of any common open space in
a residential cluster. The plan is subject to Planning Board review
and approval. The ownership plan shall be submitted with the preliminary
application for development and shall identify the existing and proposed
ownership of all proposed open space areas. The City, at its option
and in its sole discretion, or other governmental agency approved
by the City, at any time and from time to time, may accept the dedication
of land or any interest therein for public use and maintenance, but
the City shall not require as a condition of the approval of a residential
cluster that land proposed to be set aside for common open space be
dedicated or made available to public use. The developer shall provide
for an organization for the ownership and maintenance of any open
space for the benefit of owners or residents of a residential cluster
if the open space is not dedicated to the municipality or other governmental
agency. The type of ownership of land dedicated for common open space
purposes shall be selected by the applicant, subject to the approval
of the Planning Board. Type of ownership may include, but is not necessarily
limited to, the following:
(11)
Homeowners' association. If the common open space is owned and
maintained by a homeowners' or condominium association, the developer
shall file homeowners' organization or condominium documents, to be
submitted with the application for final approval. The provisions
shall include, but are not necessarily limited to, the following:
(a)
The homeowners' association shall be established before the
release for building permits.
(b)
Membership shall be mandatory for each buyer and any successive
buyer.
(c)
The open space restrictions shall be permanent.
(d)
The association shall be responsible for liability insurance,
local taxes, and the maintenance and replacement of recreational and
other facilities.
(e)
Homeowners shall pay their pro rata share of the cost; the assessment
levied by the association may become a lien on the property.
(f)
The association shall be able to adjust the assessment to meet
changed needs.
(12)
Maintenance of open space areas. In the event that a nonmunicipal
organization with the responsibility for the common open space fails
to maintain it in reasonable order and condition, then the City Council,
in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies
and assess the cost of maintenance against the properties within the
development.
(13)
Use and improvement of common open space for active recreation.
The Planning Board may require the installation of recreational facilities
suitable to the development, such as playgrounds, play fields, parks
or similar outdoor recreation facilities, on the common open space.
Such facilities shall be conveniently located and accessible to all
dwelling units and should adhere to the following guidelines:
(a)
One active recreation area should be provided for the first
125 dwelling units. Such areas should not be less than four acres.
(b)
For developments of more than 125 dwellings, active recreation
or park space should be provided at the rate of one acre per each
12 dwelling units or fraction thereof.
(c)
Undeveloped common open space. Undeveloped common open space
should be left in its natural state. A developer may, however, make
limited improvements for the installation of utilities, necessary
grading, and the provision of paths and trails. In addition, the Planning
Board may require a developer to make other improvements, such as
removal of dead or diseased trees; thinning of trees or other vegetation
to encourage more desirable growth; reforestation of disturbed areas;
and grading and seeding, subject to approval by all regulatory agencies.
(14)
Deed restrictions. Any lands dedicated for common open space
purposes shall contain covenants and deed restrictions approved by
the Board Attorney that ensure that:
(a)
The open space area will not be further subdivided in the future.
(b)
The use of the open space will continue in perpetuity for the
purpose specified.
(c)
Appropriate provisions are made for the maintenance of the open
space.
(d)
The open space shall not be utilized for any commercial purpose.
The Planning Board may, however, approve the use of open space as
farmland or pastureland as part of the residential cluster design.
(15)
Prior to the approval of the residential cluster, the Planning
Board shall make a finding of facts and conclusions as required by
N.J.S.A. 40:55D-45.
[Added 4-14-2020 by Ord.
No. 2020-17]
A.
Purpose. It is the purpose of these zones to establish appropriate
locations for small active adult communities, characterized by an
allowance for more types of housing at higher density with fewer amenities,
and to seek to maximize the compatibility between these communities
and the surrounding areas. By permitting this use, the City will expand
the housing opportunities available to a growing senior citizen population.
It is important that zone requirements and design standards not be
sacrificed to allow overdevelopment or improper utilization of properties,
as this would negatively impact upon the character of these communities
and upon the quality of life of adjoining residential areas. Strict
adherence to design standards is deemed very important because these
zones contribute significantly to the City's image because of their
high visibility.
B.
Permitted uses. Permitted uses in the AA-1 Active Adult Zone shall
be as follows:
(1)
Single-family dwelling.
(2)
Residential cluster.
(3)
Farm, except for those enumerated as prohibited uses.
(4)
Home occupation.
(5)
Active adult community in accordance with Article IXA of this chapter, and only when public sewer service is provided by the Landis Sewerage Authority and public water service is provided by the City of Vineland Water Utility. See §§ 425-147.1 through 425-147.19, which are made a part of this article by reference.
(7)
Community residence, community shelter.
C.
Accessory uses. Accessory uses in the AA-1 Active Adult Zone shall
be as follows:
(1)
All accessory uses permitted in the R-1 Zone for a single-family
dwelling.
(2)
Farm building for livestock, equipment, storage of supplies
or harvested crops, or for preparation of crops for market for a farm.
(3)
Commercial production greenhouse for a farm.
(4)
Roadside stand, 300 square feet maximum, for a single-family
dwelling or a farm.
(5)
Parking.
(6)
Trash enclosure.
(7)
Fencing, walls, and retaining walls.
(8)
Signage.
(9)
Maintenance and utility structures for an active adult community.
(10)
Management office for an active adult community.
(11)
Community building for an active adult community.
(12)
Recreational facilities for an active adult community.
F.
Residential cluster. A residential cluster shall be developed in
accordance with R-6 Zone standards.
G.
Lot size averaging. Lot size averaging shall be done in accordance
with R-6 Zone standards.
[Added 4-14-2020 by Ord.
No. 2020-17]
A.
Purpose. It is the purpose of these zones to establish appropriate
locations for larger active adult communities with detached single-family
homes with more amenities and to seek to maximize the compatibility
between these communities and the surrounding areas. By permitting
this use, the City will expand the housing opportunities available
to a growing senior citizen population. It is important that zone
requirements and design standards not be sacrificed to allow overdevelopment
or improper utilization of properties, as this would negatively impact
upon the character of these communities and upon the quality of life
of adjoining residential areas. Strict adherence to design standards
is deemed very important because these zones contribute significantly
to the City's image because of their high visibility.
B.
Permitted uses. Permitted uses in the AA-2 Active Adult Zone shall
be as follows:
(1)
Single-family dwelling.
(2)
Farm, except for those enumerated as prohibited uses.
(3)
Active adult community in accordance with Article IXA of this chapter, and only when public sewer service is provided by the Landis Sewerage Authority and public water service is provided by the City of Vineland Water Utility. See §§ 425-147.1 through 425-147.19, which are made a part of this article by reference.
(6)
Community residence, community shelter.
C.
Accessory uses. Accessory uses in the AA-2 Active Adult Zone shall
be as follows:
(1)
All accessory uses permitted in the A-5 Zone.
(2)
Equipment storage building for forestry or conservation activity.
(3)
Parking.
(4)
Trash enclosure.
(5)
Fencing, walls, and retaining walls.
(6)
Signage.
(7)
Maintenance and utility structures for an active adult community.
(8)
Management office for an active adult community.
(9)
Community building for an active adult community.
(10)
Recreational facilities for an active adult community.
[Added 6-24-2008 by Ord. No. 2008-39]
A.
Purpose. The purpose of the Regional Mall Overlay
District is to provide an opportunity for the development of a regional
shopping mall and/or large-scale shopping opportunities. The area
of the Regional Mall Overlay District is accessible from the interchanges
of Route 55 with Sherman Avenue and South Delsea Drive and overlays
portions of the B-3, IN-1 and MHP Zone Districts. The intent of the
Regional Mall Overlay District is to permit shopping center development
as an additional permitted use within the underlying zone districts.
B.
Permitted use. The development of a shopping center
with a minimum gross floor area of 250,000 square feet on a tract
of 100 acres or greater shall be permitted within the Regional Mall
Overlay District. Shopping center development shall be in accordance
with the standards of the B-4 Zone District for shopping centers.
[Added 4-14-2020 by Ord.
No. 2020-13]
A.
Intent. The Residential Townhouse (RT) Overlay District is intended
to provide for townhouse development on larger parcels in the vicinity
of Vineland's educational and medical centers to expand the types
of housing allowed than is otherwise permitted in the base zoning
district.
C.
Accessory uses and structures permitted. Any of the following accessory
uses and structures shall be permitted when used in conjunction with
a principal or conditional permitted use:
(1)
Active common recreational facilities for the use and enjoyment
of residents and their guests, including, but not limited to, tennis,
community swimming pool, court and field sports, fitness center, fitness
trail and bikeway.
(2)
Sales center for on-tract real estate transactions only, until
the final dwelling is initially sold.
(3)
Decks on fee simple townhouses or as approved as part of a site
plan for other tenure.
(4)
Off-street surface parking.
(5)
Fences, walls and street furniture, provided that such fencing
and walls are uniform in nature throughout the development and approved
by the board with jurisdiction through the development review process.
(6)
Signs as otherwise permitted in this chapter.
(7)
Accessory uses on the same lot and customarily incidental to
the principal use.
D.
Eligibility standards for overlay uses. An applicant may submit an
application for development, provided that the minimum tract area
is five acres and the maximum tract area is 20 acres, and can be feasibly
served with public water and sewer.
E.
Bulk standards. The following area, yard, and coverage standards
shall apply to uses within the RT District:
(1)
Maximum density. The maximum density of the RT District shall
not exceed six dwellings per gross acre.
(2)
Perimeter setback. No principal or accessory building, individual
residential lot, aboveground stormwater management facility, or recreational
structure (excluding those associated with recreational trails) shall
be located with 25 feet of the tract perimeter.
(3)
Townhouse dwelling, fee simple lots. See Zoning Schedule, attached
hereto.[1]
[1]
Editor's Note: Said Zoning Schedule, Sheet 1: Area, Yard, Bulk and Parking Standards, is included as an attachment to this chapter.
(4)
Townhouse dwellings, other tenure. Where individual fee simple
lots are not proposed, the following distance requirements shall substitute
for required yard areas:
(a)
Minimum distance from the front of any building to any other
building: 100 feet.
(b)
Minimum distance from the side of any building to any other
building: 30 feet.
(c)
Minimum distance from the rear of any building to any other
building: 60 feet.
(d)
Minimum distance of community recreational structures to any
dwelling: 80 feet.
(e)
Minimum distance of any dwelling to the tract perimeter: 60
feet.
(f)
Maximum building coverage of net tract area: 25%.
(g)
Maximum impervious coverage of net tract area: 50%.
(5)
Additional townhouse requirements.
(a)
Maximum building height: 35 feet.
(b)
Minimum unit width: 20 feet.
(c)
No more than eight townhouse dwellings shall be permitted in
any one structure.
(d)
Driveways to individual dwellings shall be ganged together to
reduce curb cuts to allow for uniform on-street parking.
(e)
No patio, terrace, or other hardscaping shall occupy more than
50% of the yard area in which it is placed.
(f)
In no event shall a patio, terrace or deck extend more than
10 feet from the exterior wall of the dwelling with which it is associated.
(g)
Where parking lots for townhouse uses are proposed, no parking
space shall be closer than 12 feet to the exterior wall of the building.
This provision shall not be construed as to affect private parking
in residential driveways.
(h)
Where private driveways to individual dwellings are proposed,
the driveway width shall not exceed 10 feet within 20 feet of the
right-of-way line, the outside edge of a street sidewalk or 22 feet
from the edge of cartway, depending on the existing or proposed condition.
Each driveway shall be able to accommodate two stacked passenger vehicles
without encroaching on the right-of-way, passage of pedestrians on
a street sidewalk or within five feet of a cartway.
(i)
The front facade of any garage, whether attached or detached, shall not extend towards a residential access street, whether public or private, any closer than the front facade of the dwelling, but may be recessed to accommodate the requirement in Subsection E(5)(e).
(j)
A minimum of 200 square feet of full height internally accessed storage shall be provided for each unit, excluding kitchen and bathroom cabinetry, and any required storage under Subsection E(5)(l).
(k)
Accessory structures shall not be located in a front yard or
within five feet of a side or rear property line. All accessory structures
shall be constructed in accordance with the requirements of the Uniform
Construction Code.
(l)
Each townhouse dwelling in a development without common exterior
maintenance of the grounds shall be equipped with a closet with an
external door for the storage of outdoor furniture, cooking equipment,
lawn maintenance equipment and similar items with a minimum volume
of 288 cubic feet.
(m)
The front facade of each townhouse shall be separate and distinct
from an adjacent townhouse by means of variation in the front yard
depth and changes in building materials.
F.
Buffer and landscape requirements. In addition to the general requirements of § 425-73, the following specific requirements pertain to the RT District:
(1)
Perimeter buffer requirements. Landscape buffers shall be required
along the perimeter property lines of the tract. In the development
of the site, existing vegetation shall be retained which is of high
quality and appropriate density. Where existing vegetation is unsuitable,
it shall be augmented or replaced by new plantings in accordance with
a landscape plan submitted to and approved by the board with jurisdiction.
The perimeter buffer shall be a minimum width of 25 feet and suitable
for its function of site enhancement, screening, and control of climatic
effects. The perimeter buffer may be planted within any required perimeter
setback but shall not be included in any fee simple lot.
(2)
Building within a perimeter buffer. Buffers shall be continuous
except for public and private streets providing access to the site
through the buffer. Accessory structures and buildings such as utilities,
entrance gate facilities, recreational trails, signs approved as part
of the signage plan, and traffic signal and streetlighting systems
shall be permitted within the buffer. No off-street parking facilities,
dumpster enclosures, aboveground stormwater management facilities
or other buildings and aboveground structures shall be constructed
within the required perimeter buffer.
(3)
Required plant densities. The density of plantings and the requirements
for structures shall vary with the width of the buffer in accordance
with the following table:
Minimum Plant Density for Buffers
| ||||
---|---|---|---|---|
Minimum Number of Required Plant Types per 100 Lineal Feet
| ||||
Buffer Width(1)
|
Large or Medium Trees
|
Small or Ornamental Trees
|
Evergreens and Conifers
|
Shrubs
|
25 feet
|
5
|
8
|
15
|
30
|
40 feet
|
6
|
9
|
18
|
36
|
50 feet
|
8
|
12
|
24
|
48
|
75 feet
|
10
|
15
|
30
|
60
|
NOTES:
| |
---|---|
(1)
|
The number of plants required shall be interpolated from the
proposed buffer width where the proposed width is different from the
examples in the table.
|
(4)
Where application has been made and approved for a buffer less
than the prescribed minimum width of 25 feet, the buffer shall incorporate
a fence or wall into the landscape design.
G.
Open space requirements. Lands not in fee simple lots and building
separation yards or for stormwater management purposes shall be in
open space. At least 30% of the land area shall be in designated open
space, which may include the perimeter buffer land area. Common or
public open space provided as a part of any development shall be landscaped
in one of the following ways, depending upon the intent of the use
for the open space:
(1)
Conservation use. Conservation areas are appropriate in areas
adjacent to and inclusive of natural features to be preserved, including
wooded areas, water bodies, streams, wetlands, and steep slopes. The
following conservation use design guidelines shall apply:
(a)
Natural features shall be encompassed in open space areas rather
than moved or eliminated in the development process to the degree
feasible.
(b)
Cleared areas shall be revegetated to a naturalistic appearance
where appropriate.
(c)
Revegetated areas may be seeded with a wildflower and/or meadow
grass mix.
(2)
Passive and active recreational open space. The following landscape
standards shall apply for recreational uses:
(a)
Grading and plantings of the recreation area shall remain consistent
with the overall landscape design. The landscape design shall consist
of massed deciduous and evergreen trees and berms to create spaces
and views and ornamental trees and shrub masses for visual variety,
interest and detail.
(c)
Adjacent dwelling units shall be buffered from active play areas.
(d)
In the area where a recreation facility fronts onto a public
or private street, fencing may be required to provide controlled access.
The adjacent street tree planting shall be continued along this area,
and any reverse frontage buffer planting shall be integrated with
open space plantings.
A zoning ordinance may provide for conditional
uses to be granted by the Planning Board according to definite specifications
and standards which shall be clearly set forth with sufficient certainty
and definiteness to enable the developers to know their limit and
extent.
A.
The following conditional uses are established in
the City of Vineland:
[Amended 5-25-1999 by Ord. No. 98-69]
(1)
Boardinghouse, rooming house.
(3)
Church, congregation.
(4)
Funeral home.
(5)
Cemetery, crematorium.
(6)
Recreational facility.
(7)
Campground.
(8)
Heliport, helistop, helipad.
(9)
Resource extraction.
(10)
Production of bitumen products.
[Added 9-8-2009 by Ord. No. 2009-62]
(11)
Medical cannabis dispensary.
[Added 3-26-2019 by Ord.
No. 2019-20; amended 12-14-2021 by Ord. No. 2021-73]
(12)
Cannabis retailer.
[Added 3-26-2019 by Ord.
No. 2019-20; amended 12-14-2021 by Ord. No. 2021-73]
B.
Specific standards. Specific standards for each conditional use are
provided in the Zoning Schedule, Sheet 2, Conditional Use Specific
Standards.[2] Failure to meet any one or more of the specific standards
for a conditional use shall constitute a variance in accordance with
N.J.S.A. 40:55D-70d(3).
[Amended 5-14-2019 by Ord. No. 2019-35]
[2]
Editor's Note: Sheet 2 is included as an attachment to this chapter.
C.
General standards. Any conditional use shall be subject to the design standards contained in Article VII of this chapter. Failure to meet any one or more of the general standards for a conditional use shall constitute a variance in accordance with N.J.S.A. 40:55D-70(c). Additionally, the following articles are made a part of this article by reference, and all requirements contained therein shall be considered as general standards:
[Amended 5-14-2019 by Ord. No. 2019-35]
D.
Application. An application for a conditional use, if all specific standards are met, shall be submitted to the Planning Board. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Planning Board Secretary, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall include site plan review pursuant to Article VI of this chapter. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. In instances where all specific standards are not met, an application for a conditional use shall be submitted to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-76b. The Zoning Board of Adjustment shall act on the conditional use and site plan in lieu of the Planning Board. Whenever review or approval of the application by the County Planning Board is required pursuant to N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board or Zoning Board of Adjustment, whichever is appropriate, shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A.
Model homes. For purposes of this chapter, model homes
or sales offices within a subdivision shall not be considered a business
use only during the period necessary for the sale of new homes within
said subdivision.
B.
Public and private nonprofit day schools. None of
the provisions of this chapter, or any regulation adopted in accordance
therewith, shall discriminate between public and private nonprofit
day schools of elementary or high school grade accredited by the State
Department of Education.
C.
Foster children in single-family dwellings. None of
the provisions of this chapter, or any regulation adopted in accordance
therewith, shall discriminate between children who are members of
families by reason of their relationship by blood, marriage or adoption
and foster children placed with such families in a dwelling by the
Division of Youth and Family Services in the Department of Institutions
and Agencies or a duly incorporated child care agency and children
placed pursuant to law in single-family dwellings known as group homes.
As used in this section, the term "group home" means and includes
any single-family dwelling used in the placement of children pursuant
to law recognized as a group home by the Department of Institutions
and Agencies in accordance with rules and regulations adopted by the
Commissioner of Institutions and Agencies; provided, however, that
no group home shall contain more than 12 children.
D.
Community residences for the developmentally disabled,
community shelters for victims of domestic violence, community residences
for the terminally ill and community residences for persons with head
injuries shall be a permitted use in all residential districts of
a municipality, and the requirements therefor shall be the same as
for single-family dwelling units located within such districts.
[Amended 2-12-2002 by Ord. No. 2002-3]
E.
Family day-care homes.
(1)
Family day-care homes shall be a permitted use
in all residential districts of a municipality. The requirements for
family day-care homes shall be the same as for single-family dwelling
units located within such residential districts. Any deed restriction
that would prohibit the use of a single-family dwelling as a family
day-care home shall not be enforceable unless that restriction is
necessary for the preservation of the health, safety and welfare of
the other residents in the neighborhood. The burden of proof shall
be on the party seeking to enforce the deed restriction to demonstrate,
on a case-by-case basis, that the restriction is necessary for the
preservation of the health, safety and welfare of the residents in
the neighborhood who were meant to benefit from the restriction.
(2)
In condominiums, cooperatives and horizontal
property regimes that represent themselves as being primarily for
retirees or elderly persons or which impose a minimum age limit tending
to attract persons who are nearing retirement age, deed restrictions
or bylaws may prohibit family day-care homes from being a permitted
use.
(3)
In condominiums, cooperatives and horizontal
property regimes other than those permitted to prohibit family day-care
homes from being a permitted use under the preceding subsection, deed
restrictions or bylaws may prohibit family day-care homes from being
a permitted use; however, if such condominiums, cooperatives or horizontal
property regimes prohibit such use, the burden of proof shall be on
the condominium association, cooperative association or council of
co-owners to demonstrate, on a case-by-case basis, that the prohibition
is reasonably related to the health, safety and welfare of the residents.
The burden of proof also shall be on the condominium association,
cooperative association or council of co-owners to demonstrate, on
a case-by-case basis, that any other restrictions imposed upon a family
day-care home, including but not limited to noise restrictions and
restrictions on the use of interior common areas, are reasonably related
to the health, safety and welfare of the residents.
F.
Child-care centers.
(1)
Child-care centers for which, upon completion,
a license is required from the Department of Human Services pursuant
to the Child Care Center Licensing Act, N.J.S.A. 30:5B-1 et seq.,
shall be a permitted use in all nonresidential districts of a municipality.
The floor area occupied in any building or structure as a child-care
center shall be excluded in calculating any parking requirement otherwise
applicable to that number of units or amount of floor space, as appropriate,
under state or local laws or regulations adopted thereunder, and the
permitted density allowable for that building or structure under any
applicable municipal zoning ordinance.
(2)
In considering an application for development
approval for a nonresidential development that is to include a child-care
center that is located on the business premises, is owned or operated
by employers or landlords for the benefit of their employees, their
tenants' employees or employees in the area surrounding the development
and is required to be licensed by the Department of Human Services
pursuant to N.J.S.A. 30:5B-1 et seq., an approving authority may exclude
the floor area to be occupied in any building or structure by the
child-care center in calculating the density of that building or structure
for the purposes of determining whether or not the density is allowable
under any applicable municipal zoning ordinance.
G.
Groundwater remedial actions.
(1)
The siting of a structure or equipment required
for a groundwater remedial action approved by the Department of Environmental
Protection pursuant to N.J.S.A. 58:10A-1 et seq., shall be deemed
to be essential to the continuation of an existing structure or use
of a property, including a nonconforming use, or to the development
of a property, as authorized in the zoning ordinance of a municipality.
A groundwater remedial action subject to this section, including any
structure or equipment required in connection therewith, shall therefore
be deemed to be an accessory use or structure to any structure or
use authorized by the development regulations of a municipality; shall
be a permitted use in all zoning or use districts of a municipality;
and shall not require a use variance pursuant to N.J.S.A. 40:55D-70.
(2)
A municipality may, by ordinance, adopt reasonable
standards for the siting of a structure or equipment required for
a groundwater remedial action subject to the preceding subsection.
The standards may include specification of the duration of time allowed
for the removal from a site of all structures or equipment used in
the remedial action upon expiration of the term of the discharge permit
or completion of the remedial action, whichever shall be sooner. Nothing
in this subsection shall be deemed to authorize a municipality to
require site plan review by a municipal agency for a groundwater remedial
action, but an ordinance establishing siting standards may provide
penalties and may authorize the municipality to seek injunctive relief
for violations of the ordinance.
(3)
If, for any of the reasons set forth in N.J.S.A.
40:55D-70, a variance is required for the siting of a structure or
equipment to be used in a groundwater remedial action subject to N.J.S.A.
40:55D-66.8, a variance for the remedial action shall be deemed necessary
to avoid exceptional and undue hardship on an owner, lessee or developer
of a property for which a variance application is made; however, a
zoning ordinance may authorize the Zoning Board of Adjustment or Planning
Board, as appropriate, to establish reasonable terms and conditions
for issuance of a variance. The Zoning Board of Adjustment or Planning
Board, as appropriate, shall review and take final action on an application
for a variance for a groundwater corrective action at the next meeting
of the Zoning Board of Adjustment or Planning Board, as appropriate,
occurring not less than 20 days following the filing of an application
therefor, unless the Zoning Board of Adjustment or Planning Board,
as appropriate, determines that the application lacks information
indicated on a checklist adopted by ordinance and made available to
the applicant, and the applicant has been notified, in writing, of
the specific deficiencies prior to expiration of the twenty-day period.
H.
Height standards.
(1)
The height standards, as provided in this chapter,
shall not apply to silos; to belfries, cupolas or domes not used for
human occupancy; to chimneys, ventilators, skylights or other mechanical
devices usually carried above roof level; to water tanks; or to television,
radio or satellite dish antennas. Such structures shall be carried
only to the height necessary for their purpose.
(2)
The height standards, as provided in this chapter,
shall not apply to a parapet wall or ornamental cornice having no
windows, provided that such feature rises no more than five feet above
the standard building height.
(3)
Public or quasi-public buildings which are approved
to exceed the height standard, as provided in this chapter, shall
increase the front, side and rear yards by one foot for every one
foot the building exceeds the height standard, up to a maximum height
of 50 feet.
I.
Accessory buildings and structures/accessory structures
on lots or tracts split by zone district boundary lines:
[Amended 8-28-2007 by Ord. No. 2007-68]
(1)
Accessory buildings shall not be placed in front
yard areas or in front of the principal building.
(2)
In the case of any lot or tract of land that
is divided by a zoning district boundary line (commonly known as being
split zoned), except for zoning districts in which residential housing
of any type is allowed as a principal permitted use, any accessory
structure or use that is permitted in the less intensive zoning district
shall also be considered as being permitted in both zoning districts.
This may thus apply to common accessory structures such as parking
and drive aisles, landscaping and drainage facilities so long as the
Zoning Officer, in the reasonable exercise of his discretion, deems
same to be permitted accessory structures or uses in the less intensive
zoning district.
J.
Minor arterial streets. The building line setback
along a minor arterial street shall be 100 feet from the center line
of the street, except that a building or structure which was legally
located along such an arterial but was made nonconforming by the passage
of this chapter shall be permitted to increase the size of the building
or structure or portion thereof which is located within the nonconforming
area by up to 25%. No other increase of such nonconforming structure
shall be permitted as of right within the building line setback established
herein.
L.
Home occupations. A home occupation shall be permitted
in the specified zones only if the following standards are met:
(1)
A maximum of 25% of the total square footage
of the residence shall be devoted to the home occupation.
(2)
No advertising display of any kind shall be
permitted, except for an identification sign with a maximum sign face
area of two square feet.
(3)
A minimum of two on-site parking spaces shall
be provided for visitors in addition to the spaces required for the
residential use. Additionally, parking facilities shall be located
within side yards or rear yards and shall be completely screened from
neighboring properties and any public street.
(4)
No goods, chattels, materials, supplies or items
of any kind pertaining to the home occupation shall be delivered to
or from the premises by articulated vehicles.
(5)
No retail sales or products shall be offered
to the public.
(6)
The home occupation shall be free from objectionable
odors, fumes, dirt, vibration and noise.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
All lots must provide a contiguous minimum developable
land area within the lot. The contiguous developable land area within
the lot shall be equal to or greater than the applicable minimum lot
area required for the zone district in which the lot is located. The
contiguous developable land area must also meet the minimum lot dimensions
required by the zone district, except that the minimum contiguous
developable land area is not required to exceed 40,000 square feet
where the lot is served by public sewer and public water, nor is it
required to have a minimum dimension greater than 150 feet. Where
the lot is not served by public sewer or by public water, the contiguous
developable land area within the lot is not required to exceed 80,000
square feet nor is it required to have a minimum dimension greater
than 150 feet.
A.
Zoning permit.
(1)
An application for a zoning permit shall be
submitted to the Zoning Officer prior to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building. Said application shall
be accompanied by payment of a fee as established by this chapter.
(2)
The Zoning Officer shall determine that such
use, structure or building complies with the provisions of the Zoning
Ordinance or variance therefrom authorized by the Planning Board or
by the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-60 or
40:55D-70.
B.
Nonconforming use or structure.
(1)
Any nonconforming use or structure may be continued
upon the lot or in the structure so occupied, and any such structure
may be restored or repaired in the event of partial destruction thereof.
If, however, the cost to restore or repair a partially destroyed structure
is greater than the tax assessed value of the structure prior to the
partial destruction, restoration or repair is prohibited.
(2)
Following intended abandonment of a nonconforming
use, said nonconforming use shall not thereafter be reinstated nor
shall any structure be occupied except in conformance with this chapter.
(3)
A nonconforming use, once converted to a conforming
use, shall not revert to the prior nonconforming use or to another
nonconforming use.
(4)
Changing a valid nonconforming use to another
nonconforming use shall only be by resolution of the Zoning Board
of Adjustment.
(5)
Expansion of a nonconforming use shall require a use variance, which shall be by resolution of the Zoning Board of Adjustment, as provided in § 425-348A(4). Any application for expansion of a nonconforming use shall require submission of a plot plan to allow the Zoning Board of Adjustment to make an informed determination that the existing site improvements are adequate to serve the proposed use and to meet the minimum requirements necessary to protect the public health, safety and welfare. In the event that the existing site improvements are found to be inadequate, any approval of an expansion of a nonconforming use shall be conditioned upon site plan approval.
C.
Nonconforming lot.
(1)
A lot which does not conform to the standards set for the smallest lot allowable in the zoning district in which it is located, but which has been duly recorded under law, may be used for the purposes permitted on the smallest lot allowable in the zoning district in which it is located, provided that the proposed construction meets the yard requirements for the lot, as established by § 425-308 of this article.
(2)
A nonconforming lot shall not be reduced in
area or dimensions.
D.
Certificate of zoning compliance and certification
of nonconforming use or structure.
(1)
The prospective purchaser, prospective mortgagee
or any other person interested in any land upon which a use or structure
exists may apply, in writing, to the Zoning Officer for the issuance
of a certificate certifying that the use or structure complies with
the provisions of this chapter or authorized variance therefrom. The
Zoning Officer shall be entitled to demand and receive for such certificate
issued by him a fee as established by this chapter.
(2)
The prospective purchaser, prospective mortgagee
or any other person interested in any land upon which a nonconforming
use or structure exists may apply, in writing, to the Zoning Officer
for the issuance of a certification certifying that the use or structure
existed before the adoption of the ordinance which rendered the use
or structure nonconforming. The applicant shall have the burden of
proof. The application for such certification shall be made to the
Zoning Officer within one year of the adoption of the ordinance which
rendered the use or structure nonconforming or at any time to the
Zoning Board of Adjustment. Denial by the Zoning Officer shall be
appealable to the Zoning Board of Adjustment. The Zoning Officer shall
be entitled to demand and receive for such certification issued by
him a fee, as established by this chapter. Should the prospective
purchaser, prospective mortgagee or other interested person request
that the Zoning Officer research past ordinances and approvals on
his behalf, an additional fee, as established by this chapter, shall
be charged.
B.
Additionally, any departure from the space standards for buffers, as specified in § 425-73D(1) through (4) shall require approval of a variance.
[1]
Editor's Note: The zoning schedules are included
at the end of this chapter.
A.
Use variance. After a use variance has been granted
by the Zoning Board of Adjustment, in instances where further Board
action (i.e., subdivision or site plan approval) is not required the
applicant shall have one year in which to institute commencement of
use. Said commencement of use must be in compliance with all other
regulatory requirements. For example, occupancy of a structure shall
not be deemed the commencement of use in the event that appropriate
construction permits and certificate of occupancy have not been secured.
After a use variance has been granted by the Zoning Board of Adjustment,
in instances where further Board action (i.e., subdivision or site
plan approval) is required the applicant shall have one year in which
to secure said approval. The applicant shall then be limited by the
duration of said approval. Following commencement of use, the use
shall remain valid until there is intended abandonment of said use.
B.
Bulk variance. After a bulk variance has been granted
by the Zoning Board of Adjustment, in instances where further Board
action (i.e., subdivision or site plan approval) is not required the
applicant shall have one year in which to complete the construction
which necessitated the bulk variance. After a bulk variance has been
granted by the Planning Board or Zoning Board of Adjustment as part
of a subdivision or site plan approval, the applicant shall be limited
by the duration of said approval. Following completion of the construction
which necessitated the bulk variance, the bulk variance shall remain
valid as long as said construction remains.
C.
Conditional use. A conditional use approval, because
it is always companion to a site plan approval, shall be limited by
the duration of said site plan approval.
D.
Zoning permit. A zoning permit shall be valid for
a period of six months from date of issuance.
It is recognized that there may be the need
in very selected instances to allow for a temporary use on a property
which may not be in accordance with the provisions of this chapter.
A temporary use may be necessitated by a public emergency or by a
personal hardship created by a catastrophic event (e.g., hurricane,
fire). These events, because of their sudden and unexpected nature,
cannot be planned for in advance, yet require immediate remedy. The
Zoning Officer is therefore empowered in these very selected instances
to grant a temporary use permit if, in his judgement, the proposed
use is of such a nature that there will be no detrimental impact upon
adjoining properties. Said temporary use permit shall be valid for
a period of six months from date of issuance. Upon written request
made prior to the expiration date, the Zoning Officer may grant one
six-month extension if good cause is shown. A temporary use may also
be desired for other reasons not related to a public emergency or
to a personal hardship created by a catastrophic event. In these instances,
application shall be made to the Zoning Board of Adjustment, which
is empowered to authorize the granting of a temporary use permit not
related to a public emergency or to a personal hardship created by
a catastrophic event under the same regulations and procedures as
for the issuance of a zoning permit for a use not permitted in a zone.
Said temporary use permit shall be valid for a period of six months
from the date of approval. Upon written request made prior to the
expiration date, the Zoning Board of Adjustment may grant one six-month
extension, if good cause is shown.
The Zoning Board of Adjustment shall have the
power to interpret the meaning of this article in accordance with
N.J.S.A. 40:55-70b. It is the intent that this article is to receive
a reasonable construction and is to be liberally construed in favor
of the City.
A.
Enforcement of this article shall be the responsibility
of the Zoning Officer.
B.
Where a provision of this article is violated, the
Zoning Officer shall serve the property owner or other responsible
agent with a written notice of violation stating that the violation
must cease and that corrective action must be taken immediately. For
purposes of this chapter, each day of continued violation shall constitute
a separate offense.
C.
In the event that the violation has not ceased and
that corrective action has not been taken within 10 days of the date
of the written notice of violation, the Zoning Officer may issue a
summons and file a complaint for the violation in Municipal Court.
Alternatively, the City may bring an action in Superior Court to enjoin
the property owner or other responsible agent from continuing the
violation.
D.
If convicted, the property owner or other responsible
agent shall be subject to a fine of not more than $1,000 per day or
imprisonment for not more than 90 days, or both.