Following the effective date of this chapter, the following
regulations shall apply to development in all zoning districts, specialty
zoning districts and overlay zoning districts in the City of Pleasantville:
A.
The regulations, standards, controls and designations established
by this chapter apply to every structure, lot and use within each
zoning district in the City. Such regulations were crafted with reasonable
consideration to, among other things, the character of the various
zoning districts within the City and their peculiar suitability to
particular uses and building controls, and with a view of conserving
the value of property and encouraging the most appropriate uses of
lands for the various sections of the City.
B.
No building or structure shall be erected, placed, moved, altered,
converted, constructed, reconstructed, enlarged, extended, reduced
repaired maintained, occupied or used, in whole or in part, nor shall
any lands be designed, used or physically altered for any purpose
or in any manner except in conformity with regulations established
by this chapter for the zoning district in which such building or
land is located.
C.
Required. No activity pursuant to § 300-19B shall be undertaken unless a zoning permit evidencing the compliance of such use, building or structure with the provisions of this chapter shall have first been issued pursuant to § 300-34. Exceptions to this provision are exempt development and any use, building or structure requiring subdivision or site plan approval and/or variance relief by the Planning Board or Zoning Board of Adjustment, as the case may be.
D.
No yard or open space required in connection with any building or
use shall be considered as providing any required yard or open space
for any other building or use on the same or other lot.
E.
No lot shall be formed from part of a lot already occupied by a building
unless such building, all yards and open spaces connected therewith
and the remaining lot comply with all requirements of this chapter
for the zoning district in which such lot is located. No permit shall
be issued for the erection of a building on any new lot thus created
unless such building and lot comply with the provisions of this chapter.
F.
Uses not expressly permitted by this chapter are prohibited.
G.
Unless otherwise specifically permitted by this chapter, no more
than one principal building and one principal use shall be permitted
on a lot.
H.
No lot, building, structure or use, whether principal or accessory,
shall cause any noise, dust, heat, smoke, fumes, odor, glare, flash,
vibration, shock wave, electronic impulses, radiation, effluent, or
any other externality of whatever type or source, which shall result
in a nuisance, as herein defined, of sufficient intensity to impact
the quiet enjoyment and/or routine activities of neighboring or nearby
lots, buildings, structures or uses.
I.
No flammable or explosive liquids, solids or gases shall be stored
above ground, except for fuel tanks or drums expressly designed and
rated for such purpose, and which are directly connected with energy-producing
devices or heating appliances located and operated on the same lot
as such tanks or drums.
J.
No outdoor storage facility shall be permitted unless enclosed by
an approved safety fence and supported by an adequate concrete foundation.
Such facility shall be screened from view by appropriate landscaping.
K.
No outdoor storage of waste, trash, garbage, refuse, recycling, or other like and similar solid waste or discarded materials shall be permitted unless enclosed in a container with an operable lid or other closing mechanism designed for such purpose, which shall be located within a facility described in § 300-19J.
L.
No materials or waste shall be deposited upon a lot in such form
or manner that they may be transferred off the lot by natural causes
or forces.
M.
No use or activity associated with a use shall encroach onto a public
right-of-way or obstruct pedestrian or vehicular circulation thereon.
N.
Unless otherwise specifically permitted by this chapter, no merchandise, products, appliances, equipment or similar materials or objects shall be stored or displayed outside except in conformance with § 300-19I through M. Additionally, no such item shall be so stored or displayed unless:
O.
Access for emergency responders. In order to provide for proper emergency
access to buildings and structures for fire, police and other emergency
responders, all development within the City of Pleasantville shall
provide:
(1)
An open and clear driveway or access lane for a minimum of 12 feet
of horizontal and vertical clearance to within 25 feet of any principal
building.
(2)
Such access lane shall be maintained clear of any obstructions or
vegetative growth, other than those provided via an approved landscaping
plan.
(3)
The Fire Official may require and designate public or private fire
lanes as necessary for the efficient and effective operation of fire
apparatus.
(4)
No building or structure shall be situated closer than 15 feet from
an adjacent building or structure, whether on the same lot or adjacent
lots.
P.
Flag lots. Flag lots are prohibited.
Q.
Temporary uses. In order to provide the City with a degree of flexibility
in the approval process, and to relieve users of the requirement to
make application for land uses approvals for certain limited uses
of lands and buildings, temporary uses are permitted as, and only
as, expressly provided herein.
(1)
No temporary use shall be established or maintained unless a zoning permit evidencing the compliance of such use with the provisions of this section and other applicable provisions of this chapter shall have first been issued pursuant to § 300-34.
(2)
In addition to all of the use limitations applicable in the zoning
district in which it is located, no temporary use shall be permitted
unless it complies with the following restrictions:
(3)
Particular temporary uses permitted. Subject to the use limitations
set forth in this section as to the specific regulations and time
limits for temporary uses, and subject to all other applicable regulations
of the district in which the temporary use is to be located, the following
temporary uses of land, and no others, are permitted in the zoning
districts, and only the zoning districts, herein specified:
(a)
Mobile homes. Mobile homes shall be permitted in any district
as a temporary residence during the reconstruction of a dwelling unit
damaged or destroyed by any means not within the control of the owner.
Such use shall be limited to the period of such reconstruction and,
in any event, no longer than 12 months following such damage or destruction.
No such use shall be undertaken unless such mobile home shall have
first been properly connected to all required public utilities.
(b)
Craft shows, exhibits and sales. Indoor and outdoor art and
craft shows, exhibits and sales on private property or, subject to
the approval of the agency having jurisdiction, on any public property
in any commercial zoning district and, subject to proper approval
of the relevant authorities, in any public park in a residential zoning
district shall be permitted. Such use shall be limited to a period
not to exceed five days.
(c)
Christmas tree/holiday ornament sales. The sale of Christmas trees or other holiday ornaments shall be permitted in any commercial zoning district and in any residential zoning district on property owned by any not-for-profit group or organization when conducted by such group or organization, and when approved by the Zoning Officer on the basis of the adequacy of the parcel size, parking provisions and traffic access, and the absence of undue adverse impact on other properties in such residential district. Such use shall be limited to a period not to exceed 60 days and need not comply with the yard and setback requirements of this chapter, except that no tree or ornament shall be displayed so as to obstruct the sight triangles required by § 300-47B.
(d)
Construction staging, contractors' office trailers and related
construction uses and structures. Contractors' offices and equipment
sheds containing no sleeping or cooking accommodations, construction
staging and all other uses and structures related to the construction
of a project shall be permitted in any district when accessory to
a construction project. Such uses and structures shall be limited
to a period not to exceed the duration of such project.
(e)
Real estate office trailers. Real estate office trailers containing
no sleeping or cooking accommodations (unless located in a model dwelling
unit) and model dwelling units in any zoning district when accessory
to a new development or renovation to an existing development. Such
use shall be limited to the earlier of the period of the active selling
or leasing of units in such development or 45 days after the issuance
of a temporary certificate of occupancy for the last such unit to
be sold or leased. Upon the occurrence of either event, such real
estate offices shall be removed. In no event shall the temporary use
be continued once the last temporary certificate of occupancy or certificate
of occupancy for the development has been issued.
(f)
Carnivals, circuses or tent revivals. A carnival, circus or tent revival shall be permitted in any commercial zoning district or in any residential zoning district on property owned by any not-for-profit group or organization or place of worship, when approved by the Zoning Officer on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on surrounding properties in the residential district. Such use shall be limited to a period not to exceed 21 days and need not comply with the front yard requirements of this chapter, except that no use, structures or equipment shall be so located as to obstruct the sight triangles required by § 300-47B. Such use need not comply with the maximum height requirements of this chapter.
(g)
Freestanding outdoor produce sales, flea markets and other similar
uses. These uses shall be permitted in the Regional Commercial Zoning
District on property owned by a not-for-profit group. The use shall
be limited to a maximum of five days of operation at any one period,
not to exceed a frequency of four times a year. The rescheduling of
rain-out days will be approved by the Zoning Officer, but under no
circumstances shall the days be added to another scheduled five-day
event. No improvements shall be required on the property on which
these uses are located, but, at a minimum, the site area shall be
clean and well maintained at all times.
(4)
Bulk regulations. Except as expressly provided otherwise in Subsection Q(3), every temporary use shall comply with the bulk regulations applicable in the zoning district in which such temporary use is located.
(5)
Parking and loading. Before approving any temporary use, the Zoning
Officer shall make an assessment of the total number of off-street
parking and loading spaces which will be reasonably required for such
use, on the basis of the particular use, its intensity and the availability
of other parking and loading facilities in the area, and shall approve
such temporary use only if such off-street parking and loading is
provided.
R.
The sale
of recreational marijuana and/or paraphernalia that facilitate the
use of such marijuana is prohibited.
[Added 8-6-2018 by Ord. No. 12-2018]
The following provisions shall apply to all buildings and uses
existing on the effective date of this chapter, wherein such buildings
and uses do not conform to the requirements set forth in this chapter,
to all buildings and uses that became nonconforming by reason of any
subsequent amendment to this chapter or the Zoning Map which is a
part hereof, and to all conforming uses.
A.
Except as provided in § 300-20A(5), following the effective date of this chapter, any use, building or structure lawfully existing at the time of enactment of this chapter, but not in conformity with the provisions of this chapter for the zoning district in which such use, building or structure is located, may be continued indefinitely, subject to the following limitations:
(1)
Expansion or alteration. No nonconforming use, building or structure
shall be enlarged, extended, increased, altered or relocated to a
different portion of the lot or parcel of land occupied by such use,
building or structure on the effective date of this chapter, or of
any applicable amendment thereto, nor shall any external evidence
of such nonconforming use, building or structure be increased by any
means whatsoever, except whereby through such action the use, building
or structure is made conforming.
(2)
Change from nonconforming to nonconforming. No nonconforming use,
building or structure shall be changed to another nonconforming use,
building or structure without appropriate variance relief from the
Board of Adjustment.
(3)
Restoration of nonconforming buildings.
(a)
Any nonconforming building or structure which shall be damaged
by reason of event of windstorm, flood, fire, explosion or other natural
or man-made disaster, of any kind, may be restored to its pre-event
condition within 12 months of such damage. No action resulting in
an increase in any structural nonconformity shall be made without
approval of the Planning Board or Zoning Board of Adjustment, as the
case may be.
(b)
If the restoration of such building is not completed within
said twelve-month period, such building shall be deemed to have been
abandoned, unless a use shall have been carried on without interruption
in an undamaged portion of such building. In case of such abandonment,
such building or structure may not be rebuilt, restored or repaired
except in conformity with this chapter.
(c)
In the event that such damage to the nonconforming building
or structure exceeds 50% of its replacement value as calculated by
the City's Construction Code Official as of the date of the damage,
such building or structure shall be deemed to be completely destroyed,
and such building or structure may not be rebuilt, restored or repaired
except in conformity with this chapter.
(4)
Restoration of conforming building with nonconforming use.
(a)
An otherwise conforming building or structure hosting a nonconforming
use wherein such building or structure shall be damaged by reason
of event of windstorm, flood, fire, explosion or other natural or
man-made disaster, of any kind, may be restored to its pre-event condition
and the nonconforming use reinstated within 12 months of such damage.
No action resulting in an increase in any nonconformity shall be made
without approval of the Planning Board or Zoning Board of Adjustment,
as the case may be.
(b)
If the restoration of such building or structure is not completed
such that the nonconforming use is resumed within said twelve-month
period, the physical operation of the nonconforming use shall be deemed
to have ceased, unless such nonconforming use shall have been carried
on without interruption in an undamaged portion of such building.
(5)
Continuation of use upon destruction of structure. Where a nonconforming use is undertaken in a nonconforming structure, the destruction of the nonconforming structure shall serve to eliminate the lawful preexistence of the nonconforming use. For the purpose of this subsection, "destruction" is defined in accordance with Subsection A(3)(c) hereinabove.
(6)
Reestablishment. No nonconforming use shall be reestablished after
the physical operation thereof has ceased and discontinued, for any
reason, for a period of not less than 12 months, and upon a finding
of intentional abandonment by the Zoning Officer. Intent to resume
active operation of a nonconforming use after cessation thereof, without
actual physical resumption of activities, shall not confer the right
to do so.
(7)
Reversion prohibited. No nonconforming use, building or structure
which has been changed into a conforming use, building or structure
may be returned to the prior nonconforming use, building or structure
or converted to another nonconforming use, building or structure.
(8)
Safety. Nothing in this section shall be deemed to prevent normal
maintenance and repair of any building, or the carrying out, upon
issuance of a building permit, of major structural alterations or
demolitions necessary in the interest of public safety. In granting
such a permit, the Construction Code Official shall state the precise
reason(s) to the Board of Adjustment why such alterations were deemed
necessary.
(9)
Approved construction. Nothing in this section shall require any
change in plans, construction or designated use of a building or structure
for which a building permit has been issued prior to the effective
date of this chapter.
B.
Nonconforming lots of record.
(1)
In any zoning district where single-family detached dwellings are
permitted, a single-family detached dwelling, along with such accessory
buildings or structures which may be normal and customary thereto,
may be erected on any single lot which was of record at the effective
date of this chapter, notwithstanding limitations imposed by other
provisions of this chapter. Such a nonconforming lot of record must
be in separate ownership and not of contiguous frontage with other
lots in the same ownership. Such provision shall apply even though
such lot fails to meet the requirements for lot size or lot width,
or both, applicable in the zoning district in which such lot is located;
provided, however, that such nonconforming lot of record shall conform
with all other district requirements, and further provided that any
nonconforming lot of record sold after the effective date of this
chapter shall be subject to all zoning district regulations applicable
as provided in this chapter.
(2)
Where two or more individual lots, combinations of lots, or portions
of lots with continuous frontage in single ownership are of record
at the effective date of this chapter, and where all of the individual
lots, combinations of lots, or portions of lots do not meet the requirements
established for lot size and lot width for the zoning district in
which such lots, combination of lots or portions of lots are located,
the lands involved shall be considered to be a single, undivided parcel
for purposes of this chapter, and no portion of such parcel shall
be used or sold in a manner which diminishes compliance with the lot
size and lot width requirements of the zoning district in which such
parcel is located; nor shall any division of any parcel be made which
creates a lot whose lot size or lot width does not conform to the
requirements of the zoning district in which such lot or parcel is
located.
A.
Purpose.
(1)
Conversion of existing buildings to increase the number of dwelling
units contained in them presents problems not encountered when new
buildings are designed and constructed for the same number of units.
Such conversions can adversely affect a neighborhood originally designed
for low-density development through overcrowding and its concomitant
problems of inadequate recreational space, inadequate parking and
overtaxed municipal services. These, in turn, may contribute to the
physical decline and deterioration of the area.
(2)
The intent of this section is to establish standards to prevent the
overcrowding of dwelling units and overly dense development of neighborhoods
and to ensure satisfactory amenities in neighborhoods as conversions
take place.
B.
The following provisions identify the practices and procedures for
the identification and deconversion of illegal nonconforming residential
uses, buildings and structures.
(1)
No residential building shall be sold, transferred, altered, renovated
or reconstructed, and no dwelling unit conversion shall be undertaken,
without the part responsible therefor first obtaining a zoning permit
certifying that such residential building is in compliance with the
requirements of this chapter as relates to the zoning district in
which such building is located.
(2)
Any City employee vested with the responsibility of making inspections,
whether they be building inspections, construction inspections, mercantile
inspections, land use inspections or any other type of inspection,
is required to report, in writing, any activity or situation which
in his/her judgment may be in violation of this section. The Zoning
Officer shall notify all employees subject to this section.
(3)
Any designated representative of the City who makes an inspection
in order to issue any certificate, license or permit shall determine
the appropriate zoning district in which the subject property is located,
and shall refuse to issue, or cause to be issued, any such certificate,
license or permit if the property, structure or use(s) thereon do(es)
not conform with the requirements of the zoning district in which
such property is located. Any such nonconformity shall be referred
to the Zoning Officer or his/her designee, whereupon one of the following
determinations shall be made:
(a)
Where City records support lawful preexistence of the nonconformity,
the Zoning Officer shall issue a letter to the property owner, via
certified mail, advising him/her of the nonconforming condition of
the property and the necessity of obtaining a certificate of nonconformity
from the Zoning Officer, if such nonconformity was discovered within
one year of any change in this chapter resulting in such nonconformity,
or from the Zoning Board of Adjustment in all other cases.
(b)
Where City records do not support the lawful preexistence of
the nonconformity, the Zoning Officer shall issue a letter to the
property owner, via certified mail, advising him/her of the nonconforming
condition of the property and that one of the following steps are
necessary:
[1]
The property owner is required to file for a certificate of
nonconformity with the Zoning Board of Adjustment;
[2]
The property owner is required to file for a zoning variance
with the Zoning Board of Adjustment; or
[3]
The property owner is required to deconvert the nonconforming
dwelling unit(s).
(c)
Any individual and/or entity who receives written notice from the Zoning Officer in accordance with this subsection and does not file an appropriate application with the Zoning Officer or Zoning Board of Adjustment pursuant to such subsection within 30 days of receipt of such letter must commence the deconversion of the nonconforming dwelling unit(s) as follows [and the letter issued by the Zoning Officer under Subsection B(3)(b) advising the property owner of the nonconforming property, structure or use(s) shall specifically state]:
[1]
The kitchen (sink, cooking appliances, dishwasher and cabinets)
in any illegal dwelling unit shall be completely removed and the unit
returned to its original room configuration, all dead bolts on all
interior entry doors must be removed, holes repaired and doors painted
or finished. All separate doorbells, mailboxes, doorknockers and separate
utility meters must be removed;
[2]
The deconversion shall be completed within 90 days of the date
of such letter. In the event that more than three units are to be
deconverted, the Zoning Officer may, at his/her discretion, extend
the time period for deconversion for an additional 60 days; and
[3]
At the termination of such ninety-day period, the Zoning Officer
or designee shall inspect the property.
[4]
If more than three units are to be deconverted, the Zoning Officer
may extend the period of time to complete such deconversion for a
period not to exceed an additional 60 days.
(d)
If the steps of deconversion are not followed precisely, then
a summons shall be issued along with a certified letter advising the
property owner that a penalty of $2,000 per violation will be sought
by the City in Municipal Court in the event that the owner is found
guilty.
(e)
Upon successful completion of the deconversion, the Zoning Officer
shall note that fact in a ledger to be maintained by his/her office
and shall schedule a follow-up inspection one year from the date that
the conversion was completed. The Zoning Officer shall also issue
a letter to all utilities advising said utilities of the legal use
of the building; the actions taken by the City to deconvert the building
to its proper use; and the requirement that any action to return the
building to an illegal use be reported to the Zoning Officer.
A.
Purpose. The purpose and intent of the City's residential zoning districts is to permit residential development of varied sizes and densities within the City of Pleasantville in order to provide for a range of housing types throughout the community, thereby providing a realistic opportunity for residency, including homeownership, to the full spectrum of socioeconomic groups in as fair and equitable a manner as is practicable, subject to the applicable provisions of § 300-51, Design standards.
B.
Single-Family Residential – 50 ("SFR-50" or "R-50") Zoning
District.
(1)
Purpose. The SFR-50 Zoning District was crafted to provide for relatively
higher-density single-family residential development on five-thousand-square-foot
lots with 50 feet of street frontage/lot width.
(2)
Permitted principal structures and uses.
(a)
Single-family detached dwellings.
(b)
Traditional public, private and parochial schools, serving grades
Pre-K through 12, under the authority of the New Jersey Department
of Education and subject to the requirements of the Municipal Land
Use Law.
(c)
Places of worship.
(d)
Parks, playgrounds and public active or passive open space owned
or operated by the City of Pleasantville.
(e)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(f)
Family day-care homes.
(g)
Public utility (central) substations.
(4)
Permitted conditional structures and uses. Professional offices,
conditioned upon such use being a part of a residential-looking structure
which may or may not contain residential living quarters, and further
conditioned upon such bulk standards as may be appropriate to the
use and type of structure proposed for the R-50 Zoning District, and
all parking being on site and restricted to the side or rear yard
area of the lot.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
5,000 square feet2
A single-family dwelling unit and its customary accessory buildings
may be constructed on a single lot of record in existence prior to
the effective date of this chapter, provided that such lot is not
less than 10% of the required minimum lot area (i.e., 4,500 square
feet), and is not contiguous to other vacant lot(s) in common ownership.
In the case of corner lots, the minimum lot area may be reduced from
the required minimum by 10% plus any lands dedicated in order to create
a curve at the intersections of the street lines.
| ||
|
Minimum lot width
|
50 feet
A single-family dwelling unit and its customary accessory buildings
may be constructed on a single lot of record in existence prior to
the effective date of this chapter, provided that such lot is not
less than 10% of the required minimum lot width (i.e., 45 feet), and
is not contiguous to other vacant lot(s) in common ownership. In the
case of corner lots, the minimum lot area may be reduced from the
required minimum by 10% plus any lands dedicated in order to create
a curve at the intersections of the street lines.
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
6 feet minimum, 20 feet total
| ||
|
Rear yard
|
30 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet
| ||
|
Maximum coverage
|
Principal structure
|
30%
| |
|
Impervious
|
60%
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
|
2
|
Translating to a density of 8.7 dwelling units per acre.
| |
(6)
Bulk requirements for accessory structures.
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 story or 15 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
C.
Single-Family Residential – 60 ("SFR-60" or "R-60") Zoning
District.
(1)
Purpose. The SFR-60 Zoning District was crafted to provide for relatively
moderate-density single-family residential development on six-thousand-square-foot
lots with 60 feet of street frontage/lot width.
(2)
Permitted principal structures and uses:
(a)
Single-family detached dwellings.
(b)
Traditional public, private and parochial schools, serving grades
Pre-K through 12, under the authority of the New Jersey Department
of Education and subject to the requirements of the Municipal Land
Use Law.
(c)
Places of worship.
(d)
Parks, playgrounds and public active or passive open space owned
or operated by the City of Pleasantville.
(e)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(f)
Family day-care homes.
(g)
Public utility (central) substations.
(4)
Permitted conditional structures and uses. Professional offices,
conditioned upon such use being a part of a residential-looking structure
which may or may not contain residential living quarters, and further
conditioned upon such bulk standards as may be appropriate to the
use and type of structure proposed for the R-60 Zoning District, and
all parking being on site and restricted to the side or rear yard
area of the lot.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
6,000 square feet2
A single-family dwelling unit and its customary accessory buildings
may be constructed on a single lot of record in existence prior to
the effective date of this chapter, provided that such lot is not
less than 10% of the required minimum lot area (i.e., 5,400 square
feet), and is not contiguous to other vacant lot(s) in common ownership.
In the case of corner lots, the minimum lot area may be reduced from
the required minimum by 10% plus any lands dedicated in order to create
a curve at the intersections of the street lines.
| ||
|
Minimum lot width
|
60 feet
A single-family dwelling unit and its customary accessory buildings
may be constructed on a single lot of record in existence prior to
the effective date of this chapter, provided that the width of such
lot is not less than 10% of the required minimum lot width (i.e.,
54 feet), and is not contiguous to other vacant lot(s) in common ownership.
In the case of corner lots, the minimum lot width may be reduced from
the required minimum by 10% plus any lands dedicated in order to create
a curve at the intersections of the street lines.
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
6 feet minimum, 15 feet total
| ||
|
Rear yard
|
30 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet
| ||
|
Maximum coverage
|
Principal structure
|
30%
| |
|
Impervious
|
60%
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
|
2
|
Translating to a density of 7.26 dwelling units per acre.
| |
(6)
Bulk requirements for accessory structures.
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 story or 15 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
D.
Single-Family Residential – 75 ("SFR-75" or "R-75") Zoning
District.
(1)
Purpose. The SFR-75 Zoning District was crafted to provide for relatively
lower-density single-family residential development on seven-thousand-five-hundred-square-foot
lots with 75 feet of street frontage/lot width.
(2)
Permitted principal structures and uses.
(a)
Single-family detached dwellings.
(b)
Traditional public, private and parochial schools, serving grades
Pre-K through 12, under the authority of the New Jersey Department
of Education and subject to the requirements of the Municipal Land
Use Law.
(c)
Places of worship.
(d)
Parks, playgrounds and public active or passive open space owned
or operated by the City of Pleasantville.
(e)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(f)
Family day-care homes.
(g)
Public utility (central) substations.
(4)
Permitted conditional structures and uses. Professional offices,
conditioned upon such use being a part of a residential-looking structure
which may or may not contain residential living quarters, and further
conditioned upon such bulk standards as may be appropriate to the
use and type of structure proposed for the R-75 Zoning District, and
all parking being on site and restricted to the side or rear yard
area of the lot.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
7,500 square feet3
A single-family dwelling unit and its customary accessory buildings
may be constructed on a single lot of record in existence prior to
the effective date of this chapter, provided that such lot is not
less than 10% of the required minimum lot area (i.e., 6,750 square
feet), and is not contiguous to other vacant lot(s) in common ownership.
In the case of corner lots, the minimum lot area may be reduced from
the required minimum by 10% plus any lands dedicated in order to create
a curve at the intersections of the street lines.
| ||
|
Minimum lot width
|
75 feet
A single-family dwelling unit and its customary accessory buildings
may be constructed on a single lot of record in existence prior to
the effective date of this chapter, provided that the width of such
lot is not less than 10% of the required minimum lot width (i.e.,
67.5 feet), and is not contiguous to other vacant lot(s) in common
ownership. In the case of corner lots, the minimum lot width may be
reduced from the required minimum by 10% plus any lands dedicated
in order to create a curve at the intersections of the street lines.
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
6 feet minimum, 15 feet total
| ||
|
Rear yard
|
30 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet
| ||
|
Maximum coverage
|
Principal structure
|
30%
| |
|
Impervious
|
60%
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
|
2
|
Translating to a density of 5.8 dwelling units per acre.
| |
(6)
Bulk requirements for accessory structures.
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 story or 15 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
E.
Residential Duplex ("R-D") Zoning District.
(1)
Purpose. The RD Zoning District was crafted to provide a setting for a relatively new residential building type in the City and thereby assist in achieving the purpose and intent of the City's residential zoning districts as detailed in § 300-22A.
(2)
Permitted principal structures and uses.
(c)
Places of worship.
(d)
Parks, playgrounds and public active or passive open space owned
or operated by the City of Pleasantville.
(e)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(f)
Family day-care homes.
(4)
Permitted conditional structures and uses. Professional offices,
conditioned upon such use being a part of a residential-looking structure
which may or may not contain residential living quarters, and further
conditioned upon such bulk standards as may be appropriate to the
use and type of structure proposed for the R-D Zoning District, and
all parking being on site and restricted to the side or rear yard
area of the lot.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
4,000 square feet2
| ||
|
Minimum lot width
|
40 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
25 feet
| |
|
Side yard
|
0 foot interior, 15 feet exterior (end unit)
| ||
|
Rear yard
|
25 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet
| ||
|
Maximum coverage
|
Principal structure
|
30%
| |
|
Impervious
|
60%
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
|
2
|
Translating to a density of 10.89 dwelling units per acre.
| |
(6)
Bulk requirements for accessory structures.
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 story or 15 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
F.
Multifamily Residential ("MF") Zoning District.
(1)
Purpose. The MF Zoning District was crafted to permit residential development of varied sizes, types and densities within the City of Pleasantville and thereby assist in achieving the purpose and intent of the City's residential zoning districts as detailed in § 300-22A.
(2)
Permitted principal structures and uses.
(e)
Traditional public, private and parochial schools, serving grades
Pre-K through 12, under the authority of the New Jersey Department
of Education and subject to the requirements of the Municipal Land
Use Law.
(f)
Places of worship.
(g)
Parks, playgrounds and public active or passive open space owned
or operated by the City of Pleasantville.
(h)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(i)
Family day-care homes.
(j)
Public utility (central) substations.
(4)
Permitted conditional structures and uses. Professional offices,
conditioned upon such use being a part of a residential-looking structure
which may or may not contain residential living quarters, and further
conditioned upon such bulk standards as may be appropriate to the
use and type of structure proposed for the MF Zoning District, and
all parking being on site and restricted to the side or rear yard
area of the lot.
(5)
Bulk requirements for principal structures.1
|
Minimum tract area
|
43,560 square feet (1 acre)
Individual lots within a tract may be designed to facilitate
the buildings and units proposed in accordance with the various definitions
of residential structural types detailed within this chapter.
| ||
|
Minimum tract width
|
No minimum is established.
| ||
|
Minimum tract depth
| |||
|
Minimum setbacks
|
25 feet from all lot lines.
However, no structure may be located closer to a lot line than
a distance equal to 1/3 of the height of the building.
| ||
|
Minimum distance between buildings
|
Where two exterior facing walls of principal structures contain
window or door openings to habitable rooms:
|
The greater of 40 feet or 1/2 of the combined height of the
facing walls, but in no case more than 100 feet
| |
|
Where two exterior facing walls of principal structures contain
no windows [other than (typically small) kitchen or bathroom windows]
or doors:
|
16 feet regardless of wall height
| ||
|
Special exceptions may be granted where comparable standards
of light, air, ventilation, safety and privacy may be obtained.
| |||
|
Notwithstanding any minimum setbacks or distance between buildings,
no principal structure may be located closer than 15 feet to a principal
structure located on the same or an adjacent lot.
| |||
|
Maximum building height
|
70 feet
| ||
|
Maximum coverage
|
Principal structure
|
30%
| |
|
Impervious
|
60%
| ||
|
Density
|
No traditional dwelling unit per acre (du/ac) density figure
is mandated. Density is regulated by minimum tract size and the various
definitions of residential structural types detailed within this chapter.
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(6)
Bulk requirements for accessory structures.
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 story or 15 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
(8)
Access to all residential units and public areas shall be in accordance
with the International Building Code and the Americans with Disabilities
Act.
A.
The purpose and intent of the City's commercial zoning districts
is to provide locations for a variety of commercial, service and light
industrial facilities, at varied and appropriate intensities, in order
to supply goods and services to address the needs of and otherwise
support the residents of the City of Pleasantville, as well as the
residents, businesses and visitors to the Greater Pleasantville Area,
including, but not limited to, the Atlantic City casino industry,
the regional tourism industry and the general economic base of Atlantic
County, while protecting the City's residential neighborhoods.
B.
Central Business ("CBD") Zoning District.
(1)
Purpose. The Central Business (Zoning) District was crafted to provide
for an appropriate mix of retail- and service-oriented commercial,
office and other uses, with supportive residential above, designed
to strengthen and enhance the City's economic base, generate significant
employment opportunities (including opportunities for City residents)
and stimulate new tax ratables in a transit-oriented, mixed-use community
with a traditional urban fabric within the City's historic downtown
commercial core.
(2)
Permitted principal structures and uses.
(b)
Professional and administrative offices.
(c)
Eating and drinking establishments, including restaurants and
taverns, but excluding drive-in restaurants, fast-food restaurants
and bars.
(d)
Specialized entertainment venues such as performing arts centers,
theaters, movie theaters, and other like and similar attractions.
(e)
Within the context of permitted principal uses in Subsection B(2)(c) and (d), nightlife establishments that serve alcoholic beverages shall be permitted, provided that cooked-to-order food is prepared and served on the premises. [Note: By way of interpretation, restaurant facilities with entertainment (dinner theaters) shall be permitted while facilities which do not serve food (nightclubs) shall not be permitted.]
(f)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(g)
Public or private recreation facilities and/or training facilities
offering life skills or career educational courses.
(h)
Commercial parking facilities owned and/or operated by the City
of Pleasantville Parking Utility (created via Ordinance No. 34-2002).
(3)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Off-street parking lots/parking facilities.
(c)
Off-street loading facilities.
(d)
Telecommunications/satellite dish antennas and related systems.
(e)
Solar energy systems.
(f)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building; it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
(g)
Storage sheds, tool sheds or other maintenance-related structures.
(h)
Fences and walls.
(i)
Signs.
(j)
Public utility cabinets.
(4)
Permitted conditional structures and uses.
(a)
Multiple principal uses within a single building shall be allowed,
provided that each such use is a permitted principal use within the
Central Business District, and further provided that each such use
is located within a separately identifiable and fully securable space
(it being the City's intention to prohibit an entity from subleasing
a small portion of a larger, single floor area). Within this context,
multiple corporate entities may operate out of a single space, provided
that such entities are subsidiaries or related companies.
(c)
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon the design standards detailed in § 300-51.
(d)
Child-care centers.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
5,000 square feet
| ||
|
Minimum lot width
|
50 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
0 feet
| |
|
Side yard
|
0 feet interior, 12 feet exterior (end unit)
| ||
|
Rear yard
|
20 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot
| |||
|
Maximum building height
|
The lower of 4 stories or 48 feet
| ||
|
Maximum coverage
|
Principal structure
|
65%
| |
|
Impervious
|
80%
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(6)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 1/2 stories or 20 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(7)
Bulk requirements for conditional uses:
(a)
Commercial centers, as defined in § 300-10. In addition to the bulk requirements for principal structures in the CBD Zoning District detailed under § 300-23B(5) the maximum total floor area for a commercial center in the CBD shall be not more than 49,999 square feet.
(b)
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon the design standards detailed in § 300-51.
(c)
The bulk requirements for principal structures in the CBD Zoning District detailed under § 300-23B(5) shall apply to the structural types conditionally permitted.
(d)
Density. No traditional dwelling unit per acre (du/ac) density
figure is mandated. Density shall be regulated by minimum lot size
and the various definitions of residential structural types conditionally
permitted.
(e)
Child-care centers. The bulk requirements for principal structures in the CBD Zoning District detailed under § 300-23B(5) shall apply.
C.
General Commercial ("GC") Zoning District.
(1)
Purpose. The General Commercial Zoning District was crafted to provide
for an appropriate mix of retail-oriented commercial, office and other
uses, with supportive residential above, designed to support the needs
of the residents and businesses of the City.
(2)
Permitted principal structures and uses.
(c)
Professional and administrative offices.
(e)
Eating and drinking establishments, including restaurants, drive-in
restaurants and fast-food restaurants with window service for takeout
fare; bars; and taverns.
(f)
Appliance repair;
(g)
Self-service laundry facilities (laundromats), including washing,
drying, folding and other operations conducted by employees of the
facility.
(h)
Fraternal, social, educational, charitable or eleemosynary facilities.
(i)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(j)
Public or private training facilities offering life skills or
career educational courses.
(k)
Commercial parking facilities owned and/or operated by the City
of Pleasantville Parking Utility (created via Ordinance No. 34-2002).
(3)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Off-street parking lots/parking facilities.
(c)
Off-street loading facilities.
(d)
Storage sheds, tool sheds or other maintenance-related structures.
(e)
Fences and walls.
(f)
Signs.
(g)
Telecommunications/satellite dish antennas and related systems.
(h)
Solar energy systems.
(i)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building, it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
(j)
Public utility cabinets.
(4)
Permitted conditional structures and uses.
(b)
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon conformance with § 300-51.
(c)
Child-care centers.
(d)
Automobile fueling stations, with or without automotive and/or
marine engine, body or interior repair, which may or may not include
convenience stores on premises.
(e)
Automated or manual car washes.
(f)
Automobile or watercraft sales through franchise dealers, with
servicing limited to inventoried vehicles and fuel dispensing if integral
to the operation of the facility and not open to the public.
(g)
Hotels and motels.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
100,000 square feet
| ||
|
Minimum lot width
|
100 feet
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
10 feet
| ||
|
Rear yard
|
20 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
(6)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 1/2 stories or 20 feet.
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(7)
Bulk requirements for conditional uses.
(a)
Commercial centers, as defined in § 300-10.
|
Minimum lot area
|
43,560 square feet (1 acre)
| ||
|
Minimum lot width
|
200 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
10 feet (each)
| ||
|
Rear yard
|
20 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 3 stories or 48 feet.
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Maximum total floor area
|
49,999.99 square feet
| ||
(b)
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon conformance with § 300-51.
[1]
The bulk requirements for principal structures in the General Commercial Zoning District detailed under § 300-23C(5) shall apply to the structural types conditionally permitted.
[2]
Density: no traditional dwelling unit per acre (du/ac) density
figure is mandated. Density shall be regulated by minimum lot size
and the various definitions of residential structural types conditionally
permitted.
(c)
Child-care centers. The bulk requirements for principal structures in the General Commercial Zoning District detailed under § 300-23C(5) shall apply.
(d)
Automobile fueling stations, with or without automotive and/or marine
engine, body or interior repair, which may or may not include convenience
stores on premises.
(e)
Automated or manual car washes.
|
Minimum lot area
|
15,000 square feet
| ||
|
Minimum lot width
|
100 feet
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
10 feet (each)
| ||
|
Rear yard
|
20 feet
| ||
|
Underground storage tanks
|
25 feet from any lot line
| ||
|
Fuel pump
|
20 feet from any lot line
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 1 1/2 stories or 25 feet (accessory buildings:
10 feet)
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
(f)
Automobile or watercraft sales through franchise dealers.
|
Minimum lot area
|
43,560 square feet (1 acre)
| ||
|
Minimum lot width
|
N/A
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
50 feet from any lot line, with no vehicle placed closer than
20 feet to the front lot line or 20 feet from any side or rear lot
line if adjacent to a residential use
| ||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet (accessory buildings:
20 feet and 1 1/2 stories)
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
(g)
Hotels and motels.
|
Minimum lot area
|
43,560 square feet (1 acre)
| ||
|
Minimum lot width
|
200 feet
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
Front yard
|
40 feet
| |
|
Side yard
|
25 feet (each)
| ||
|
Rear yard
|
25 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 5 stories or 60 feet (accessory buildings: 20 feet
and 1 1/2 stories)
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Off-street parking and loading
| |||
D.
Neighborhood Commercial ("NC") Zoning District.
(1)
Purpose. The Neighborhood Commercial Zoning District was crafted
to provide for an appropriate mix of low-impact, residentially oriented
retail and service activities necessary to address the routine needs
of the residents of the City, without (generally, negatively) impacting
the surrounding community.
(2)
Permitted principal structures and uses.
(b)
Professional and administrative offices.
(c)
Eating and drinking establishments, including restaurants with
window service for takeout fare, but excluding drive-in restaurants
and fast-food restaurants.
(d)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(3)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Off-street parking lots/parking facilities.
(c)
Off-street loading facilities.
(d)
Storage sheds, tool sheds or other maintenance-related structures.
(e)
Fences and walls.
(f)
Signs;
(g)
Telecommunications/satellite dish antennas and related systems.
(h)
Solar energy systems.
(i)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building; it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
(j)
Public utility cabinets.
(4)
Permitted conditional structures and uses.
(a)
Small (carry-in) appliance repair.
(b)
Self-service laundry facilities (laundromats) wherein all washing,
drying, folding and other operations are conducted solely by the patrons
of the facility.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
5,000 square feet
| ||
|
Minimum lot width
|
50 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
10 feet (each)
| ||
|
Rear yard
|
20 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Off-street parking and loading
| |||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(6)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 story or 15 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(7)
Bulk requirements for conditional uses.
(c)
Medical/dental complexes, as defined in § 300-10, shall conform with the bulk requirements for principal uses in the SFR-75 Zoning District.
(d)
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon conformance with § 300-51.
[1]
The bulk requirements for principal structures in the Neighborhood Commercial Zoning District detailed under § 300-23D(5) shall apply to the structural types conditionally permitted.
[2]
Density. No traditional dwelling unit per acre (du/ac) density
figure is mandated. Density shall be regulated by minimum lot size
and the various definitions of residential structural types conditionally
permitted.
E.
Regional Commercial ("RC") Zoning District.
(1)
Purpose. The Regional Commercial Zoning District was crafted to provide
for an appropriate mix of retail-oriented commercial, office and other
uses, with supportive residential above, designed to support the needs
of the residents and businesses of the City of Pleasantville as well
as those of eastern Atlantic County.
(2)
Permitted principal structures and uses.
(d)
Professional and administrative offices.
(f)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(g)
Eating and drinking establishments, including restaurants, drive-in
restaurants and fast-food restaurants with window service for takeout
fare; bars; and taverns.
(h)
Commercial parking facilities owned and/or operated by the City
of Pleasantville Parking Utility (created via Ordinance No. 34-2002).
(3)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Off-street parking lots/parking facilities.
(c)
Off-street loading facilities.
(d)
Storage sheds, tool sheds or other maintenance-related structures.
(e)
Fences and walls.
(f)
Signs.
(g)
Telecommunications/satellite dish antennas and related systems.
(h)
Solar energy systems.
(i)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building, it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
(j)
Public utility cabinets;
(l)
Typical residential amenities, as defined in § 300-10, when accessory to a Conditional residential use.
(4)
Permitted conditional structures and uses.
(b)
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon conformance with § 300-51.
(c)
Child-care centers;
(d)
Automobile fueling stations, with or without automotive and/or
marine engine, body or interior repair, provided that a convenience
store is located on premises.
(e)
Automated or manual car washes.
(f)
Automobile or watercraft sales through franchise dealers, with
servicing limited to inventoried vehicles and fuel dispensing if integral
to the operation of the facility and not open to the public.
(g)
Hotels and motels.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
43,560 square feet (1 acre)
| ||
|
Minimum lot width
|
200 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 3 1/2 stories or 48 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Off-street parking and loading
| |||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(6)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
10 feet
| ||
|
Rear yard
|
10 feet
| ||
|
Maximum building height
|
The lower of 1 1/2 stories or 20 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(7)
Bulk requirements for conditional uses and structures.1
(a)
Designed shopping centers, as defined in § 300-10.
|
Minimum lot area
|
2.5 acres
| ||
|
Minimum lot width
|
200 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 5 stories or 60 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Minimum total floor area
|
50,000 square feet
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(b)
Residential dwelling units in the form of apartments, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon conformance with § 300-51.
[1]
The bulk requirements for principal structures in the Regional Commercial Zoning District detailed under § 300-23E(5) shall apply to the structural types conditionally permitted.
[2]
Density. No traditional dwelling unit per acre (du/ac) density
figure is mandated. Density shall be regulated by minimum lot size
and the various definitions of residential structural types conditionally
permitted.
(c)
Child-care centers. The bulk requirements for principal structures in the Regional Commercial Zoning District detailed under § 300-23E(5) shall apply.
(d)
Automobile fueling stations, with or without automotive and/or marine
engine, body or interior repair, which may or may not include convenience
stores on premises.
(e)
Automated or manual car washes.
|
Minimum lot area
|
15,000 square feet
| ||
|
Minimum lot width
|
100 feet
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
Front yard
|
20 feet
| |
|
Side yard
|
10 feet (each)
| ||
|
Rear yard
|
20 feet
| ||
|
Underground storage tanks
|
25 feet from any lot line
| ||
|
Fuel pump
|
20 feet from any lot line
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 1 1/2 stories or 25 feet (accessory buildings:
10 feet)
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
(f)
Automobile or watercraft sales through franchise dealers.
|
Minimum lot area
|
43,560 square feet (1 acre)
| ||
|
Minimum lot width
|
N/A
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
50 feet from any lot line, with no vehicle placed closer than
20 feet to the front lot line or 20 feet from any side or rear lot
line if adjacent to a residential use
| ||
|
Maximum building height
|
The lower of 2 1/2 stories or 35 feet (accessory buildings:
20 feet and 1 1/2 stories)
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
(g)
Hotels and motels.
|
Minimum lot area
|
43,560 square feet (1 acre)
| ||
|
Minimum lot width
|
200 feet
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
Front yard
|
40 feet
| |
|
Side yards
|
25 feet (each)
| ||
|
Rear yard
|
25 feet
| ||
|
Maximum building height
|
The lower of 5 stories or 60 feet (accessory buildings: 20 feet
and 1 1/2 stories)
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
F.
Regional Shopping Center ("RSC") Zoning District.
(1)
Purpose. The Regional Shopping Center Zoning District was crafted
to promote large-scale development oriented to the shopping, resort,
tourist and transportation needs of the region.
(2)
Redevelopment process.
(a)
On May 17, 2004, via Resolution No. 124-2004, the City included
the Regional Shopping Center Zoning District among lands declared
to be in need of redevelopment under the Local Redevelopment and Housing
Law, designating it the Gateway Redevelopment Area.
(b)
The purpose in designating the Gateway Redevelopment Area is
to utilize the tools and powers available under the Redevelopment
Law, as well as the Redevelopment Area's location vis-a-vis the bucolic
meadows, Atlantic City skyline and proximity to the Atlantic City
Expressway in order to stimulate meaningful and valuable development
as a replacement to the patchwork of underutilized and underproductive
uses existing in this section of the City.
(c)
As of the adoption of this chapter, no Redevelopment Plan for
this Redevelopment Area had been adopted. Until such time as a Redevelopment
Plan is adopted, RSC Zoning remains in effect.
(3)
Permitted principal structures and uses.
(4)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Off-street parking lots/parking facilities.
(c)
Off-street loading facilities.
(d)
Storage sheds, tool sheds or other maintenance-related structures.
(e)
Fences and walls.
(f)
Signs.
(g)
Telecommunications/satellite dish antennas and related systems.
(h)
Solar energy systems.
(i)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building; it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
(j)
Public utility cabinets.
(k)
Typical amenities when accessory to a hotel or motel.
(l)
Typical amenities when accessory to a recreational vehicle park.
(5)
Permitted conditional structures and uses.
(b)
Commercial tour bus parking facilities regulated by the South
Jersey Transportation Authority.
(c)
Commercial private automobile parking facilities.
(d)
Recreational vehicle park.
(e)
Eating and drinking establishments, including restaurants, drive-in
restaurants and fast-food restaurants with window service for takeout
fare; bars; and taverns.
(g)
Professional and administrative offices.
(i)
Specialized outdoor cultural and/or entertainment venues such
as performing arts centers, theaters, movie theaters, and other like
and similar attractions.
(j)
Hotels and motels, including those with conference facilities.
(6)
Bulk requirements for principal structures.1
|
Minimum lot area
|
1.5 acres
| ||
|
Minimum lot width
|
No minimum established
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
40 feet
Parking is prohibited within the first 25 feet of the front
yard.
| ||
|
Side yards
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The greater of 20 stories or 2.5 times the distance from the
nearest residential structure
| ||
|
Maximum coverage
|
Principal structure
|
38%
| |
|
Impervious
|
80%
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(7)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| ||
|
Side yard
|
10 feet
| ||
|
Rear yard
|
10 feet
| ||
|
Maximum building height
|
The lower of 1 1/2 stories or 20 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(8)
Bulk requirements for conditional uses.1
(a)
Designed shopping centers, as defined in § 300-10.
|
Minimum lot area
|
1.5 acres
| ||
|
Minimum lot width
|
No minimum established
| ||
|
Minimum lot depth
|
No minimum established
| ||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
40 feet
Parking is prohibited within the first 25 feet of the front
yard.
| ||
|
Side yards
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 5 stories or 60 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Minimum total floor area
|
50,000 square feet
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(b)
Commercial tour bus parking facilities; commercial private automobile
parking facilities; recreational vehicle park.
|
Minimum lot area
|
5 acres under the following standards:
| ||
|
Commercial tour buses
|
50 per acre
| ||
|
Recreational vehicles
|
40 per acre
| ||
|
Commercial private automobiles
|
145 per acre
| ||
|
Minimum lot width
|
No minimum established
| ||
|
Minimum lot depth
|
No minimum established
| ||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
Parking is prohibited within the first 25 feet of the front
yard
| ||
|
Side yards
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Maximum building height
|
Notwithstanding the definition of "building height" or convention
for of measuring building height established in this chapter, and
with the exception of telecommunications antennas, no portion of any
structure under this use shall exceed 35 feet from mean sea level.
| ||
|
Maximum coverage
|
Principal structure
|
5%
| |
|
Impervious
|
80%
| ||
(c)
Eating and drinking establishments, including restaurants, drive-in
restaurants and fast-food restaurants with window service for takeout
fare; bars; and taverns.
|
Minimum lot area
|
43,560 square feet (1 acre)
| ||
|
Minimum lot width
|
No minimum established
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
40 feet
Parking is prohibited within the first 25 feet of the front
yard
| ||
|
Side yards
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Maximum building height
|
The greater of 20 stories or 2.5 times the distance from the
nearest residential structure
| ||
|
Maximum coverage
|
Principal structure
|
38%
| |
|
Impervious
|
80%
| ||
(d)
Educational uses; professional, administrative and consulting
services offices; medical/dental complexes.
|
Minimum lot area
|
2.5 acres
| ||
|
Minimum lot width
|
No minimum established
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
40 feet
Parking is prohibited within the first 25 feet of the front
yard
| ||
|
Side yards
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Maximum building height
|
The greater of 20 stories or 2.5 times the distance from the
nearest residential structure
| ||
|
Maximum coverage
|
Principal structure
|
35%
| |
|
Impervious
|
80%
| ||
|
Floor area ratio
|
2.5
| ||
(e)
Specialized outdoor cultural and/or entertainment venues such
as performing arts centers, theaters, movie theaters, and other like
and similar attractions.
|
Minimum lot area
|
1.5 acres
| ||
|
Minimum lot width
|
No minimum established.
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
40 feet
Parking is prohibited within the first 25 feet of the front
yard
| ||
|
Side yards
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Maximum building height
|
The greater of 20 stories or 2.5 times the distance from the
nearest residential structure
| ||
|
Maximum coverage
|
Principal structure
|
5%
| |
|
Impervious
|
80%
| ||
|
Floor area ratio
|
0.10
| ||
(f)
Hotels and motels, including those with conference facilities.
|
Minimum lot area
|
43,460 square feet (1 acre)
| ||
|
Minimum lot width
|
No minimum established
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
40 feet
Parking is prohibited within the first 25 feet of the front
yard
| ||
|
Side yards
|
20 feet (each)
| ||
|
Rear yard
|
40 feet
| ||
|
Maximum building height
|
The greater of 20 stories or 2.5 times the distance from the
nearest residential structure
| ||
|
Maximum coverage
|
Principal structure
|
With structured parking: 50%
Without structured parking: 40%
| |
|
Impervious
|
80%
| ||
|
Floor area ratio
|
3.5, exclusive of structured parking.
| ||
G.
Light Industrial ("L-I") Zoning District.
(1)
Purpose. The Light Industrial Zoning District was crafted to provide
for and encourage light industrial concentrations (limited to those
uses specifically enumerated) in locations which will adequately accommodate
such development, while not negatively impacting the public health,
safety and general welfare of adjacent residential neighborhoods or
the natural environment in close proximity to such (light industrial)
uses.
(2)
Permitted principal structures and uses.
(a)
Light Industrial operations, as defined in § 300-10 ("industrial, light"), within a completely enclosed building.
(b)
Fully enclosed warehouse or storage establishments.
(c)
Research and design laboratories.
(d)
Administrative offices, open-air yard storage and other municipally
sponsored facilities, uses and activities as may be necessary and
convenient to the provision of municipal, county, state or federal
governmental services or the support of the general welfare of the
community by the City of Pleasantville.
(e)
Public utility (central) substations.
(f)
Self-operated rental (mini) storage facilities, including rental
of moving vehicles and equipment (trucks, vans, lifts, etc.).
(g)
Automobile repair establishments, including auto-body repair
and car washes.
(h)
Contractor's warehouse and offices, including material or design
showrooms.
(i)
Wholesale distribution centers, including contractor's wholesale
supply facilities and wholesale produce or other food-related wholesale
operation.
(j)
Vehicular storage yards, provided that any maintenance or repair
of vehicles stored on site shall occur within an approved enclosed
structure.
[Added 8-7-2023 by Ord. No. 14-2023]
(3)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Outdoor or garaged storage of vehicles, limited to those incidental
to an approved permitted use.
(c)
Enclosed storage and maintenance areas incidental to the permitted
principal permitted use.
(d)
Over-the-counter retail sales to the public, provided that such retail sales are incidental to an approved permitted use, subject to the bulk regulations of § 300-23G(5).
(e)
Subject to site plan approval by the Planning Board or Zoning
Board of Adjustment, as the case may be, exterior storage of merchandise,
products, equipment or similar material incidental to a principal
permitted use, provided that such storage is screened from view from
any public right-of-way or adjacent residential property by a fence
or wall, as well as by an appropriate combination of plant material
in order to soften the appearance of said fence or wall. The adequacy
and acceptability of the landscaping plan shall be determined by the
approving Board.
(f)
Off-street parking lots/parking facilities.
(g)
Off-street loading facilities.
(h)
Fences and walls.
(i)
Signs.
(j)
Telecommunications/satellite dish antennas and related systems.
(k)
Solar energy systems.
(l)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building; it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
(m)
Public utility cabinets.
(4)
Permitted conditional structures and uses.
(a)
Multiple principal uses within a single building shall be allowed,
provided that each such use is a permitted principal use within the
Light Industrial Zoning District, and further provided that each such
use is located within a separately identifiable and fully securable
space (it being the City's intention to prohibit an entity from subleasing
a small portion of a larger, single floor area). Within this context,
multiple corporate entities may operate out of a single space, provided
that such entities are subsidiaries or related companies.
(b)
Administrative office uses when accessory to a permitted principal
or conditional use. While accessory in nature, such offices shall
be subject to the bulk requirements for conditional uses and not the
500 square feet maximum for accessory structures.
(c)
Open-air lots or enclosed storage facilities for inventoried
vehicles intended for on- or off-site sale or rental.
(d)
Open-air lots, limited to the temporary storage of towed vehicles
by, or under a contract with, the City of Pleasantville.
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
43,460 square feet (1 acre)
| ||
|
Minimum lot width
|
100 feet
| ||
|
Minimum lot depth
| |||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
45 feet
| ||
|
Side yards
|
30 feet (each)
| ||
|
Rear yard
|
45 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 3 1/2 stories or 48 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Floor area ratio
|
3.5, exclusive of structured parking.
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(6)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
20 feet
| ||
|
Rear yard
|
20 feet
| ||
|
Maximum building height
|
The lower of 1 1/2 stories or 20 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(7)
Bulk requirements for conditional uses. (Note: See definitions of
"lot, corner," "lot depth," "lot frontage, primary," "lot frontage,
secondary" and "lot line, front" for measurements related to corner
lots.) Administrative office uses when accessory to a permitted principal
or conditional use, limited to 25% of the total floor space of the
host building.
A.
The purpose and intent of the City's Specialty Zoning Districts is
to provide locations for a variety of mixed or other specialized uses
which, due to the nature, combination or intensity of activities anticipated
therein or their location vis-a-vis sensitive environmental or other
resources, do not readily lend themselves to traditional City zoning
classifications.
B.
Bayside Mixed-Use ("BMU") Zoning District.
(1)
Purpose. The Bayside Mixed-Use Zoning District was crafted to provide
for an appropriate mix of development intensity and land uses which,
when placed in juxtaposition to the bucolic meadow and Atlantic City
Skyline views on the eastern edge of the City, favorable proximity
to the mixed-use City Center Redevelopment Area and Central Business
District, and access to the Atlantic City Expressway, create a very
attractive setting for higher density market rate and luxury vertical
development in order to take advantage of such amenities and maximize
Pleasantville's location, not as just the gateway to Atlantic City,
but as a separate viable location in which people want to live, work
and play.
(2)
Permitted principal structures and uses.
(a)
Conditioned upon conformance with the provisions of § 300-51, all of the following principal uses shall be permitted as multiple uses within a single building.
(b)
With the exception of administrative offices and related facilities
for governmental use, public utility (central) substations and passive
public open space, no nonresidential structure or use shall be permitted
absent a permitted residential use.
(c)
All residential uses shall be located above the ground floor.
With the exception of eating and drinking establishments, retail uses
shall be limited to the ground floor. Nonretail commercial uses may
be located above the ground floor where appropriate.
[1]
Residential dwelling units in the form of apartments, including
age-restricted housing for qualifying individuals other than nursing
homes or related facilities,
[3]
Eating and drinking establishments, including restaurants and
taverns, but excluding drive-in restaurants, fast-food restaurants
and bars.
[4]
Specialized entertainment venues such as performing arts centers,
theaters, movie theaters, and other like and similar attractions.
[5]
Within the context of permitted principal uses In Subsection B(2)(c)[3] and [4], nightlife establishments that serve alcoholic beverages shall be permitted, provided that cooked-to-order food is prepared and served on the premises. [Note: By way of interpretation, restaurant facilities with entertainment (dinner theaters) shall be permitted while facilities which do not serve food (nightclubs) shall not be permitted.]
[6]
Retail liquor stores, provided that they obtain an appropriate
license from the New Jersey Division of Alcoholic Beverage Control
and maintain same in good standing.
[7]
Professional and administrative offices.
[8]
Libraries; museums (cultural or popular); art galleries; studios
for artists, musicians, photographers and other artisans; and like
and similar activities.
[9]
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
[10]
Public utility (central) substations.
[11]
Passive public open space.
(3)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Off-street parking lots/parking facilities.
(c)
Off-street loading facilities.
(d)
Storage sheds, tool sheds or other maintenance-related structures.
(e)
Fences and walls;
(f)
Telecommunications/satellite dish antennas and related systems.
(g)
Solar energy systems;
(h)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building, it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
(i)
Signs.
(j)
Public utility cabinets.
(4)
Bulk requirements for principal structures.1
|
Minimum lot area
|
43,460 square feet (1 acre)
| ||
|
Minimum lot width
|
200 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
In addition to the minimum 25-foot landscaped buffer zone detailed in § 300-69F(3):
| ||
|
Front yard
|
0 feet, provided the abutting sidewalk is 15 feet in width.
Otherwise, such width as to create a 15-foot-wide public sidewalk
between the curb and the front facade.
| ||
|
Side yards
|
Same as front yard
| ||
|
Rear yard
|
10 feet
| ||
|
Milan Avenue
|
10 feet
| ||
|
Engersoll Avenue
|
25 feet
| ||
|
The western BMU Zone Boundary Line north of Engersoll Avenue
|
30 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
Subject to the building envelope regulations under § 300-51I; the lower of 12 stories or 150 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
Residential density
|
No traditional dwelling unit per acre (du/ac) density figure
is mandated. Density shall be regulated by minimum lot size and the
various definitions of residential structural types conditionally
permitted.
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(5)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 1/2 stories or 20 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
C.
Cemetery ("CEM") Zoning District.
(1)
Permitted principal structures and uses: aboveground or below-ground
interment.
(3)
Area and bulk requirements.
|
Minimum lot area
|
43,460 square feet (1 acre)
| ||
|
Minimum lot width
|
200 feet
| ||
|
Minimum lot depth
|
N/A
| ||
|
Minimum setbacks
|
Underground burial sites:
|
10 feet from property line
| |
|
Aboveground structures:
|
15 feet from property line
| ||
|
Maximum building height
|
15 feet
| ||
D.
Conservation ("CONSERV") Zoning District.
(1)
Purpose. Recognizing that Pleasantville is located in New Jersey's
Coastal Zone and that certain portions of the City, specifically those
on its northeast and southeast edges, are extremely environmentally
sensitive, the Conservation Zoning District was crafted to protect
this natural environment, where appropriate, and foster resource-friendly
development where possible.
(2)
The regulations established for the Conservation Zoning District
are those of the City of Pleasantville. While such regulations were
designed to conform with CAFRA and the Coastal Zone Management Rules,
they do not substitute for CAFRA, the CZM, or any other law, code,
rule or regulation established by any state or federal agency. All
development within the Conservation Zoning District shall comply with
such laws, codes, rules and regulations as applicable.
(3)
All structures and uses in the Conservation Zoning District shall
be considered conditional structures and uses and shall be subject
to review and approval by the Planning Board or Zoning Board of Adjustment,
as the case may be, pursuant to N.J.S.A. 40:55D-67 and N.J.S.A. 40:55D-70-3.
(4)
Permitted principal and accessory structures and uses.
(a)
Public Parks, playgrounds and other open space, whether active
or passive.
(b)
Public conservation areas.
(c)
Such educational, recreational or eco-tourism structures and
activities as may be permitted by relevant governmental agencies having
jurisdiction over this section of the City, including observation
decks/overlooks, scenic/nature trails, environmental interpretation
stations and like and similar uses.
(d)
Public utility cabinets.
(e)
Such environmental protection measures as may be required by
relevant governmental agencies having jurisdiction over this section
of the City.
(5)
Bulk requirements for principal and accessory structures (Note: See
definitions of "lot, corner," "lot depth," "lot frontage, primary,"
"lot frontage, secondary" and "lot line, front" for measurements related
to corner lots.) No requirements established. This chapter defers
specific requirements for the physical development in the Conservation
Zoning District to the various governmental agencies having jurisdiction
over this section of the City.
E.
Waterfront Residential ("WR") Zoning District.
(1)
Purpose. The Waterfront Residential Zoning District was crafted to provide a setting for a number of relatively new residential building types in the City and thereby assist in achieving the purpose and intent of the City's residential zoning districts, as detailed in § 300-22, while encouraging the redevelopment of the Lakes Bay waterfront section of the City.
(2)
Permitted principal structures and uses.
(a)
Single-family detached dwelling units.
(g)
Apartments and multifamily dwellings, including age-restricted housing for qualifying individuals other than nursing homes or related facilities, conditioned upon conformance with the requirements of § 300-51.
(h)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(i)
Places of worship.
(j)
Parks, playgrounds and public active or passive open space owned
or operated by the City of Pleasantville.
(k)
Public utility (central) substations.
(l)
Professional offices as part of a residential-looking structure
which may or may not contain residential living quarters, conditioned
upon such bulk standards as may be appropriate to the use and type
of structure proposed for the zoning district in which the property
is located, and further conditioned upon all parking being on site
with controlled ingress and egress points and restricted to the side
or rear yard area of the lot.
(3)
(4)
The following structures and uses shall conform to the bulk requirements and design standards for the SFR-75 Zoning District (§§ 300-22D and 300-51):
(a)
Single-family detached dwelling units.
(b)
Places of worship;
(c)
Parks, playgrounds and public active or passive open space owned
or operated by the City of Pleasantville.
(d)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(5)
The following structures and uses shall conform to the bulk requirements
and design standards for the R-D Zoning District (§§ 300-22E.
and 300-51):
(6)
(9)
Design standards. In addition to the regulations referenced in § 300-24E(4), (5) and (6), all structures in the WR Zoning District shall comply with the requirements § 300-51.
A.
The purpose and intent of the City's overlay zones is to provide
locations in specific sections of the City for a variety of specialized
land uses which may be appropriate for and benefit from being sited
in such locations but which do not necessitate the removal or displacement
of the existing land uses in such locations, and therefore do not
require change in the base (i.e., underlying) zoning of such locations.
The benefit of such overlay zoning is to permit certain land uses
in an area without rendering the existing land uses nonconforming.
B.
Bayside Mixed-Use Overlay ("BMU Overlay") Zone.
(1)
Purpose. The Bayside Mixed-Use Overlay Zone was crafted to take advantage of the locational amenities described under § 300-24B without imposing nonconforming status on the existing land uses in such locations.
(2)
Permitted principal structures and uses. Conditioned upon conformance with the requirements of § 300-51, all of the following principal uses shall be permitted as multiple uses within a single building. With the exception of administrative offices and related facilities for governmental use, public utility (central) substations and passive public open space, no nonresidential structure or use shall be permitted absent a permitted residential use.
(a)
Residential dwelling units in the form of apartments, including
age-restricted housing for qualifying individuals other than nursing
homes or related facilities.
(b)
Eating and drinking establishments, including restaurants and
taverns, but excluding drive-in restaurants, fast-food restaurants
and bars.
(c)
Professional and administrative offices.
(d)
Libraries; museums (cultural or popular); art galleries; studios
for artists, musicians, photographers and other artisans; and like
and similar activities.
(e)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(f)
Public utility (central) substations.
(g)
Passive public open space.
(3)
Permitted accessory structures and uses. Those accessory structures and uses permitted in the BMU Zoning District (§ 300-24B.).
(4)
Bulk requirements for principal and accessory structures. (Note:
See definitions of "lot, corner," "lot depth," "lot frontage, primary,"
"lot frontage, secondary" and "lot line, front" for measurements related
to corner lots.)
(5)
Bulk requirements for principal structures.1
|
Minimum lot area
|
9,600 square feet
| ||
|
Minimum lot width
|
60 feet
| ||
|
Minimum lot depth
|
100 feet
| ||
|
Minimum setbacks
|
Front yard
|
0 feet
| |
|
Side yard
|
0 feet interior, 12 feet exterior (end unit)
| ||
|
Rear yard
|
20 feet
| ||
|
Notwithstanding any minimum setbacks, no principal structure
may be located closer than 15 feet to a principal structure located
on the same or an adjacent lot.
| |||
|
Maximum building height
|
The lower of 4 stories or 48 feet
| ||
|
Maximum coverage
|
Principal structure
|
60%
| |
|
Impervious
|
80%
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(6)
Bulk requirements for accessory structures.1
|
Minimum setbacks
|
Front yard
|
No accessory structure shall be located between a lot's front
lot line and a line drawn parallel to the rear line of the principal
building or structure on such lot and extending to the side lot lines
of such lot.
| |
|
Side yard
|
5 feet
| ||
|
Rear yard
|
5 feet
| ||
|
Maximum building height
|
The lower of 1 1/2 stories or 20 feet
| ||
|
Maximum coverage
|
All accessory structures
|
500 square feet
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
See definitions of "lot, corner," "lot depth," "lot frontage,
primary," "lot frontage, secondary" and "lot line, front" for measurements
related to corner lots.
| |
(7)
Off-street parking and loading. For nonresidential uses, the off-street parking and loading for the CBD Zoning District [§ 300-23B(8)] shall govern. For residential uses, off-street parking and loading shall be as detailed in §§ 300-55 and 300-56.
(8)
Design standards. All structures in the CC Support Overlay Zone shall comply with the design standards set forth in § 300-51. The bulk requirements for principal and accessory structures in the BMU Zoning District [§ 300-24B(4) and (5)] shall govern.
(9)
Off-street parking and loading. For nonresidential uses, the off-street parking and loading for the BMU Zoning District [§ 300-24B(6)] shall govern. For residential uses, off-street parking and loading shall be as detailed in §§ 300-55 and 300-56.
C.
City Center Support ("CC Support") Overlay Zone.
(1)
Purpose. The City Center Support Overlay Zone was crafted to increase
the number of housing units in the City's downtown area in order to
support the commercial uses within City Center Redevelopment Area,
thereby making the redevelopment projects therein attractive to potential
retailers, and to provide an appropriate buffer between the more intense
redevelopment area and the less intense single-family development
surrounding redevelopment area, without imposing nonconforming status
on the existing land uses in such locations.
(2)
Permitted principal structures and uses. Conditioned upon conformance with the requirements of § 300-51, all of the following principal uses shall be permitted as multiple uses within a single building. Nonresidential uses shall be limited to the ground floor, with residential space required above. No such use shall be permitted absent the residential use.
(a)
Residential dwelling units in the form of apartments, garden
apartments and townhouses, including age-restricted housing for qualifying
individuals other than nursing homes or related facilities.
(c)
Administrative offices and related facilities as may be necessary
and convenient to the provision of municipal, county, state or federal
governmental services.
(3)
Permitted accessory structures and uses.
(a)
Employee lounge and cafeteria functions and other back-of-the-house
facilities normal and customary to an otherwise permitted use.
(b)
Off-street parking lots/parking facilities.
(c)
Off-street loading facilities.
(d)
Telecommunications/satellite dish antennas and related systems.
(e)
Solar energy systems.
(f)
Automated teller/cash-dispensing machines (ATMs), provided that,
if accessed from the exterior of a building, such machines shall be
installed within the wall of the building, it being the intent not
to permit freestanding exterior ATM kiosks. ATM kiosks wholly located
and accessed from the interior of a building are permitted.
D.
Neighborhood Commercial Overlay ("NC Overlay") Zone.
(1)
Purpose. The Neighborhood Commercial Overlay Zone was crafted to
maximize the commercial opportunities on Main Street (one of Atlantic
County's primary north/south corridors) in order to increase the goods
and services available to the residents of the City without imposing
nonconforming status on existing land uses.
(2)
Permitted principal structures and uses. The principal structures and uses for the NC Zoning District [§ 300-23D(2)] shall be permitted in the NC Overlay Zone.
(3)
Permitted accessory structures and uses. The accessory structures and uses for the NC Zoning District [§ 300-23 D(3)] shall be permitted in the NC Overlay Zone.
(4)
Bulk requirements for principal and accessory structures and uses.
The bulk requirements for principal and accessory structures and uses
for the base zoning under the subject site shall govern.
E.
Professional Office Overlay ("PO Overlay") Zone.
(1)
Purpose. The Professional Office Overlay Zone was crafted to retain
the ability of professionals to practice in very specific and otherwise
residential sections of the City under limited circumstances.
(3)
Permitted accessory structures and uses. The accessory structures
and uses for the base zoning under the subject site shall govern.
(4)
Bulk requirements for principal and accessory structures and uses.
The bulk requirements for principal and accessory structures and uses
for the base zoning under the subject site shall govern.
(6)
Design standards. In addition to the design standards for the base zoning under the subject site (§ 300-51), all buildings or structures developed or used under the Professional Office Overlay shall be constructed or, if existing, rehabilitated to appear as a residential building, and shall be in general architectural conformance with residential buildings in the surrounding neighborhood.
F.
Cannabis Business Overlay Zone.
[Added 8-2-2021 by Ord.
No. 5-2021]
(1)
Purpose; amendments.
[Amended 12-6-2021 by Ord. No. 9-2021]
(a)
Purpose. The purpose of the Cannabis Business Overlay Zone is
to provide areas to permit certain classes of licensed cannabis businesses
as a conditionally permitted use. The Cannabis Business (CB) Overlay
Zone shall include the following properties as identified on the City's
tax maps:
|
Block 45, Lots 1, 3, 5, 6, 10, and 11; and
|
|
Block 46, Lots 1, 2, and 3; and
|
|
Block 54, Lot 1; and
|
|
Block 58, Lots 3, 8, 13, 40, 41, 44, 45, and 46; and
|
|
Block 59, Lots 19, 23.02, 25, 28, and 30; and
|
|
Block 80, Lots 3, 4, 5, 10, 13, 15, 16, 21, and 22; and
|
|
Block 358, Lots 2, 5, 7, 9, and 13; and
|
(b)
All properties currently located within the Light Industrial
(LI) zone of the City shall be included within the Cannabis Business
Overlay Zone.
(c)
The Cannabis Business Overlay Zone shall be amended to incorporate
the following additional properties as identified on the City's tax
maps, and as illustrated in the attached Exhibit A to this article:[1]
|
Block
|
Lot(s)
|
|---|---|
|
82
|
2, 3
|
|
98
|
6, 12
|
|
110
|
67, 69
|
|
114
|
20, 21, 27
|
|
116
|
12, 19
|
|
157
|
2, 15, 16, 24, 29, 34, 36, 37
|
|
165
|
1, 2, 3, 4, 5, 24, 33,
|
|
166
|
4, 5, 6, 8, 10, 12, 13, 15
|
|
170
|
6, 10, 18, 21, 30.02
|
|
178
|
79, 105, 107, 110, 112, 113, 115, 126
|
|
191
|
26
|
|
192
|
1, 2, 3, 4, 12, 13,
|
|
374
|
9, 14, 17, 24, 25, 30
|
|
382
|
20
|
|
385
|
31
|
|
391
|
3
|
|
402
|
14
|
|
416
|
2, 2.01
|
|
431
|
5
|
(2)
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTION
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
LICENSE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 Cannabis
Delivery license.
The transportation of cannabis items to and from licensed
cannabis establishments, or home delivery of cannabis items and related
supplies to a retail consumer. This person or entity shall hold a
Class 4 Cannabis Distributor license.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis
manufacturing, preparing and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 2 Cannabis Manufacturer license.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells, or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler
license.
A license issued in accordance with the New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act (P.L. 2021, c. 16)[2] is defined a license that is designated as either a: 1.
Class 1 Cannabis Cultivator license: for facilities involved in growing
and cultivating cannabis; 2. Class 2 Cannabis Manufacturer license:
for facilities involved in the manufacturing, preparation, and packaging
of cannabis items; 3. Class 3 Cannabis Wholesaler license: for facilities
involved in obtaining and selling cannabis items for later resale
by other licensees; 4. Class 4 Cannabis Distributor license: for businesses
involved in transporting cannabis plants in bulk from on licensed
cultivator to another licensed cultivator, or cannabis items in bulk
from any type of licensed cannabis business to another; 5. Class 5
Cannabis Retail license: locations at which cannabis items and related
supplies are sold to consumers; and 6. Class 6 Cannabis Delivery license:
for businesses providing courier services for consumer purchases that
are fulfilled by a licensed cannabis retailer in order to make deliveries
of the purchased items to a consumer, and which service would include
the ability of a consumer to make a purchase directly through the
cannabis delivery service which would be presented by the delivery
service for fulfillment by a retailer and then delivered to a consumer.
The term includes a conditional license for a designated class, except
when the context of the provisions of relevant state law otherwise
intend to only apply for a license and not a conditional license.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(3)
The following uses shall be permitted within the Cannabis Business
Overlay Zone: cannabis cultivator; cannabis manufacturer; cannabis
distributor; cannabis wholesaler; cannabis retailer; cannabis delivery
service; subject to the following conditions:
[Amended 12-6-2021 by Ord. No. 9-2021]
(a)
No such cannabis business shall be located within 500 feet of
a public or private school located within the City of Pleasantville,
as measured from the nearest point of any property line. This restriction
shall apply only to a school in existence in the City of Pleasantville
at the time of the adoption of Ordinance Nos. 04-2021[3] and 05-2021 to permit cannabis businesses in the City
on August 2, 2021. This distance restriction shall not apply to any
cannabis business that will be located in any area that is governed
by an approved redevelopment plan that was prepared in accordance
with the Local Redevelopment and Housing Law found at N.J.S.A. 12A-1
et seq. In such instances where a cannabis business is to be located
in an area governed by a redevelopment plan, the standards and regulations
of the redevelopment plan shall supersede this requirement.
[Amended 4-4-2022 by Ord. No. 4-2022]
(c)
All facilities shall be located within enclosed buildings, and
shall not be permitted within greenhouses, hoop houses, Quonset huts,
or other similar structures, nor shall any facilities or storage of
materials be permitted outdoors.
(d)
All Class I Cannabis Cultivation facilities and Class II Cannabis
Manufacturer facilities, including micro Class I and II Cannabis shall
provide an air treatment system with sufficient odor-absorbing ventilation
and exhaust systems such that any odor generated inside the facility
is not detectable by a person of reasonable sensitivity anywhere on
adjacent property, within public rights-of-way, or within any other
unit located within the same building as the licensed facility if
the use only occupies a portion of a building. Odor from the facility
shall be monitored on an annual basis at the discretion of the City
by a licensed, qualified contractor chosen by the City at a cost that
shall be paid for by the licensed business.
[Amended 3-20-2023 by Ord. No. 3-2023]
(e)
Notwithstanding anything contained to the contrary in Chapter 300, entitled "Land Management" of the City Code, any holder of a valid Class 1 Cannabis Cultivator license shall be permitted to use greenhouses, hoop houses, Quonset huts, and other similar structures for cultivation and growth of cannabis for any property located within any of the following redevelopment zones within the City: California Avenue Tract Redevelopment Plan; 11 Devins Lane Redevelopment Plan; and the Cambria Avenue Redevelopment Plan. For purposes of Chapter 300 and for the avoidance of doubt, greenhouses, hoop houses, Quonset huts, and other similar structures shall qualify as being an "indoor operation" for cultivation and growth of cannabis by holders of a valid Class 1 Cannabis Cultivator license only. This amendment shall in no way alter or diminish the obligation of the holder of a Class 1 Cannabis Cultivator license to comply with all other applicable conditions under Chapter 300 of the City Code.
[Added 3-20-2023 by Ord. No. 2-2023]
(4)
The zoning map of the City of Pleasantville is hereby amended to
include the Cannabis Business Overlay Zone as described herein as
an overlay zoning district.
(5)
The California Avenue Tract Redevelopment Plan is hereby amended
and supplemented to include the following:
[Amended 12-6-2021 by Ord. No. 9-2021; 4-4-2022 by Ord. No. 4-2022]
|
The following additional uses shall be permitted within the
California Avenue Tract Redevelopment Plan: cannabis cultivator; cannabis
manufacturer; cannabis distributor; cannabis wholesaler; cannabis
retailer; cannabis delivery service; subject to the following conditions:
|
|
a.
|
(Reserved)[5]
|
|
b.
|
All facilities must have a valid license to operate from the
State of New Jersey in accordance with the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act.[6]
|
|
c.
|
All facilities shall be located within enclosed buildings, and
shall not be permitted within greenhouses, hoop houses, Quonset huts,
or other similar structures, nor shall any facilities or storage of
materials be permitted outdoors.
|
|
d.
|
All facilities shall provide an air treatment system with sufficient
odor-absorbing ventilation and exhaust systems such that any odor
generated inside the facility is not detectable by a person of reasonable
sensitivity anywhere on adjacent property, within public rights-of-way,
or within any other unit located within the same building as the licensed
facility if the use only occupies a portion of a building. Odor from
the facility shall be monitored on an annual basis at the discretion
of the City by a licensed, qualified contractor chosen by the City
at a cost that shall be paid for by the licensed business.
|
(6)
The 11 Devin's Lane Redevelopment Plan is hereby amended and supplemented
to include the following:
[Amended 12-6-2021 by Ord. No. 9-2021; 4-4-2022 by Ord. No. 4-2022]
|
The following additional uses shall be permitted within the
11 Devins Lane Redevelopment Plan: cannabis cultivator; cannabis manufacturer;
cannabis distributor; cannabis wholesaler; cannabis retailer; cannabis
delivery service; subject to the following conditions:
|
|
a.
|
(Reserved)[7]
|
|
b.
|
All facilities must have a valid license to operate from the
State of New Jersey in accordance with the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act.[8]
|
|
c.
|
All facilities shall be located within enclosed buildings, and
shall not be permitted within greenhouses, hoop houses, Quonset huts,
or other similar structures, nor shall any facilities or storage of
materials be permitted outdoors.
|
|
d.
|
All facilities shall provide an air treatment system with sufficient
odor-absorbing ventilation and exhaust systems such that any odor
generated inside the facility is not detectable by a person of reasonable
sensitivity anywhere on adjacent property, within public rights-of-way,
or within any other unit located within the same building as the licensed
facility if the use only occupies a portion of a building. Odor from
the facility shall be monitored on an annual basis at the discretion
of the City by a licensed, qualified contractor chosen by the City
at a cost that shall be paid for by the licensed business.
|
(7)
The Cambria Avenue Redevelopment Plan is hereby amended and supplemented
to include the following:
[Amended 12-6-2021 by Ord. No. 9-2021; 4-4-2022 by Ord. No. 4-2022]
|
The following additional uses shall be permitted within the
Cambria Avenue Redevelopment Plan: cannabis cultivator; cannabis manufacturer;
cannabis distributor; cannabis wholesaler; cannabis retailer; cannabis
delivery service; subject to the following conditions:
|
|
a.
|
Reserved[9]
|
|
b.
|
All facilities must have a valid license to operate from the
State of New Jersey in accordance with the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act.[10]
|
|
c.
|
All facilities shall be located within enclosed buildings, and
shall not be permitted within greenhouses, hoop houses, Quonset huts,
or other similar structures, nor shall any facilities or storage of
materials be permitted outdoors.
|
|
d.
|
All facilities shall provide an air treatment system with sufficient
odor-absorbing ventilation and exhaust systems such that any odor
generated inside the facility is not detectable by a person of reasonable
sensitivity anywhere on adjacent property, within public rights-of-way,
or within any other unit located within the same building as the licensed
facility if the use only occupies a portion of a building. Odor from
the facility shall be monitored on an annual basis at the discretion
of the City by a licensed, qualified contractor chosen by the City
at a cost that shall be paid for by the licensed business.
|
