In order to protect the general health, safety
and welfare of Egg Harbor City residents, the following regulations
shall apply.
A.
The following uses shall be prohibited in all districts:
(1)
Automotive salvage yards or the outdoor storage of
wrecked automobiles or parts thereof.
(2)
Occupied residential vehicles, travel trailers and/or
boat trailers. Those parked or stored at private residences must be
in rear or side yards in a manner so as to provide emergency access.
In no case shall they be hooked up to utility service. No such prohibited
uses shall be stored in common parking areas of apartments.
(3)
Boats shall be occupied for no more than 48 hours,
and in no case shall they be hooked up to permanent utility services.
(4)
The use of any mobile home, travel trailer, tractor-trailer
or similar mobile unit used for the sale of goods therefrom while
parked for any period of time adjacent to any building; and the use
of any mobile home, trailer, tractor-trailer, travel trailer or similar
mobile unit for storage purposes for a period in excess of one week
while parked adjacent to a building.
(6)
Any temporary or permanent obstructions at intersections,
including the sight triangle thereof.
(7)
Any use which includes the storage of gasoline or
other petroleum product not permitted by the BOCA National Fire Prevention
Code, the National Fire Protection Association regulations and any
pertinent regulations of the State of New Jersey.
[Amended 9-12-1991 by Ord. No. 17-1991]
(8)
Any use which includes the manufacturing of acid,
cement, lime, gypsum or plaster of paris or other products emitting
hazardous elements.
(9)
Any use which includes the manufacture or storage
of explosives, fat, fertilizer, gas, glue, polychlorinated biphenyls,
asbestos or vinyl chloride or the reduction of garbage, offal or dead
animals.
(10)
Any use which involves the smelting of tin,
copper, zinc or iron ores.
(11)
Any use which, by reason of emissions of odor,
dust, gas, smoke or noise, is detrimental to the health, safety or
general welfare of the community.
(12)
Any use which creates vibration or glare that
goes beyond property lines.
(13)
The storage of combustible materials for other
than on-site use and/or the refining of combustible materials.
(14)
All storage facilities for de-icing chemicals
shall be lined to prevent leaking into the soil and shall be covered
with an impermeable surface which shields the facility from precipitation.
(15)
No person shall apply any herbicide to any road
or public utility right-of-way within Egg Harbor City unless necessary
to protect an adjacent agricultural activity.
(16)
Except as otherwise authorized in this chapter,
the extraction or mining of mineral resources other than sand, gravel,
clay and ilmenite is prohibited.
[Added 4-6-1989 by Ord. No. 5-1989]
(17)
Motor vehicles shall not be operated on public
lands pursuant to N.J.A.C. 7:50-6.143(a)2.
[Added 4-6-1989 by Ord. No. 5-1989]
B.
The prohibited uses outlined in this section are enforceable
to all sections of this chapter.
A.
The otherwise lawful use of a building or land existing
at the time of the adoption of this chapter may be continued, although
such use does not conform to the provisions of this chapter, provided
that:
(1)
Such use shall not be extended or enlarged without
conforming to all regulations of the district in which it is located.
The extension or enlargement shall not exceed 50% of the floor area,
the area of the use or the capacity of the use, whichever is applicable,
existing on January 14, 1981.
[Amended 4-6-1989 by Ord. No. 5-1989]
(2)
The existence of a nonconforming use on a part of
a lot or tract shall not be construed to establish a nonconforming
use on the entire tract or lot.
(3)
Whenever a nonconforming use is discontinued or changes
to a conforming use, it shall not thereafter be changed back to a
nonconforming use.
(4)
Whenever a nonconforming structure has been damaged
by fire or other causes to the extent of 75% of its market value,
as determined by the Construction Official, it shall be rebuilt or
repaired in conformity with the regulations of the district in which
it is located.
(5)
If a nonconforming use or structure ceases operations
for a period of more than one year, such discontinuance will be considered
as evidence of an intent to abandon, and any subsequent use shall
conform to the regulations of the district in which it is located
unless adequate proof is established to the contrary.
B.
Nothing in this article shall be deemed to prevent
the normal maintenance and repair of any building or the carrying
out, upon issuance of a building permit, of a major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Construction Official shall state the precise reason(s)
to the Land Use Board why such alterations were deemed necessary.
[Amended 8-28-2014 by Ord. No. 9-2014]
C.
Any existing nonconforming use may be changed to another
nonconforming use of equivalent or lesser intensity or impact, provided
that such use meets all minimum standards of this chapter.
[Added 4-6-1989 by Ord. No. 5-1989]
If the Construction Official, upon inspection,
determines that an unsafe condition exists with respect to building
soundness, he/she shall notify the owner of his/her findings and state
his/her reasons and order the condition repaired or, in the case of
signs and fences, removed within a reasonable time period.
A.
Any previously approved final subdivision, where a
map has been filed and a bond posted and water and sewer are available,
which has previously received approval from the Pinelands Commission
shall be exempted from the operation of this chapter for a period
of two years from the date of passage and final adoption, provided
that all conditions of the City and Pinelands approvals are adhered
to.
B.
Said exemption shall be granted predicated upon the
payment in full of water and sewer fees, payment in full of taxes
to date, posting of an acceptable performance guaranty and on the
condition that the development causes no condition that will endanger
the health, safety or welfare of Egg Harbor City.
A.
The purpose of recognizing undersized lots of record
is to eliminate hardships upon individual landowners in unsewered
areas of Egg Harbor City. Notwithstanding the density limitations
or other provisions of this chapter, the owner of a parcel of land
of an acre or more in the Pinelands Area, not including the PA District,
shall be entitled to develop one detached single-family dwelling on
the parcel, provided that:
[Amended 7-24-1997 by Ord. No. 7-1997]
(1)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner.
(2)
The parcel has been in the continuous ownership since
February 7, 1979, of the person whose principal residence the dwelling
unit will be, a member of that person's immediate family or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation.
(3)
The parcel was not in common ownership with any contiguous
land on or after February 8, 1979, that contains substantial improvements.
(4)
The parcel includes all vacant contiguous lands in
common ownership on or after February 7, 1979.
B.
In the PA District and the R-20F District, the owner
of a lot at least 3.2 acres in size may develop the parcel for a single-family
dwelling, provided that:
[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No.
7-1997]
(1)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner.
(2)
The individual whose principal residence the dwelling
unit will be has not developed a dwelling unit under this section
within the previous five years.
(3)
The parcel of land on which the dwelling is to be
located has been in the continuous ownership since February 7, 1979,
of the person whose principal residence the dwelling unit will be,
a member of that person's immediate family or a partnership or corporation
in which members of that person's immediate family collectively own
more than a majority interest in such partnership or corporation.
(4)
The person whose principal residence the dwelling
unit will be has resided in the Pinelands for at least five years,
and that person or one or more members of that person's immediate
family has resided in the Pinelands for a total of at least 20 different
years.
C.
In the PA District and the R-20F District, the owner
of a lot greater than one acre may develop the property for a single-family
dwelling, provided that:
[Added 5-13-1993 by Ord. No. 8-1993]
(2)
The lot to be developed was privately owned and existed
as of February 8, 1979, or was created as a result of an approval
granted by the Pinelands Development Review Board or by the Pinelands
Commission pursuant to the interim rules and regulations prior to
January 14, 1981.
(3)
The applicant qualifies for and receives from the City a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection B.
(4)
The applicant purchases and redeems 0.25 Pinelands
development credits.
D.
In the R-9 District, the owner of a lot having a width
between 40 feet to 60 feet may develop the parcel for a single-family
detached dwelling, provided that:
[Added 2-22-1996 by Ord. No. 2-1996
(1)
The dwelling shall be connected to the municipal sewer
system.
(2)
The parcel is not in common ownership with a contiguous
parcel as of January 1, 1996.
(3)
The dwelling complies with all area and bulk regulations
applicable to the R-9 District, except for side yard setback requirements.
Dwellings developed pursuant to this section shall have a minimum
side yard setback of five feet on each side.
[Amended 5-13-1993 by Ord. No. 8-1993; 8-28-2014 by Ord. No. 9-2014]
In the R-20F District, the owner of a lot one
acre or greater that was privately owned and existing as of January
14, 1981, may develop the parcel for a single-family dwelling, provided
that an application is submitted and approved by the Land Use Board
demonstrating:
A.
The owner of the lot proposed for development has
acquired sufficient vacant contiguous or noncontiguous land which,
when combined with the acreage of the lot proposed for development,
equals at least the following:
B.
All lands acquired pursuant to Subsection A, which may or may not be developable, are located within the R-20F District or in that portion of the WL District located in the City's Pinelands Forest Area.
C.
All noncontiguous lands acquired pursuant to Subsections A and B above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the City or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 170.
[Amended 2-9-2012 by Ord. No. 5-2012]
[Added 2-9-2012 by Ord. No. 5-2012]
In the R-20F District, clustering of single-family
detached residences shall be required whenever two or more units are
proposed as part of a residential development. The following standards
shall apply:
A.
Permitted density: one unit per 20 acres.
B.
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A above, with a bonus applied as follows:
C.
The residential cluster shall be located on the parcel
such that the development area:
D.
Development within the residential cluster shall be
designed as follows:
(1)
Residential lots shall be one acre in size but may
be larger if dictated by unusual site conditions. In no case shall
the average size of residential lots within a cluster exceed 1.1 acres;
(3)
Individual on-site septic wastewater treatment systems that are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 170-53B(4) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 170-53B(5) or (7) shall also be permitted;
(4)
The residential cluster development area shall include
such land and facilities as are necessary to support the development,
including wastewater facilities, stormwater management facilities
and recreation amenities; and
(5)
Permitted recreation amenities may include playgrounds,
tot lots, swimming pools, tennis courts and other such recreational
facilities, which are solely for use by the residents of the cluster
development. Recreational amenities shall not be limited to the foregoing
so that the applicant may propose additional facilities. All such
facilities shall be accessory to the residential cluster development.
No advertising or commercial enterprise shall be permitted. In no
case may such amenities occupy more than 1/2 acre of land or the equivalent
of one acre of land for every 25 residential lots, whichever is greater.
E.
The balance of the parcel located outside of the residential
cluster development shall be owned and managed by a duly constituted
homeowners' association, a nonprofit conservation organization, Egg
Harbor City or incorporated as part of one of the lots within the
cluster development area.
(1)
All such land shall be permanently protected through
recordation of a deed of conservation restriction. Such restriction
shall be in favor of Egg Harbor City or another public agency or nonprofit
conservation organization. In all cases, such restriction shall be
expressly enforceable by the Pinelands Commission; and
(2)
Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 170.
[1]
Editor's Note: Former § 170-97,
Legislative intent, was repealed 12-6-2007 by Ord. No. 13-2007.
[Added 2-13-2020 by Ord.
No. 3-2020]
The Zoning Officer may authorize installation of a handicap/wheelchair
ramp within a required setback in accordance with the following criteria:
A.
The applicant has submitted a letter from a licensed physician specifying
that the handicap/wheelchair ramp is necessary to accommodate a resident
of the property.
B.
The handicap/wheelchair ramp shall be designed so as to encroach
into the required setback the minimum distance feasible. In no case
shall the ramp be closer than two feet from a property line unless
in the opinion of the Zoning Officer there is no other feasible alternative
to the location of the ramp.
C.
The handicap/wheelchair ramp shall not encroach into any recorded
easement or into the public right of way.
D.
The encroachment into the required setback shall be removed when
the individual requiring the handicap/wheelchair ramp no longer resides
on the property or the ramp is no longer required.
E.
The handicap/wheelchair ramp shall be designed and constructed in
accordance with the applicable provisions of the Americans with Disabilities
Act (ADA).
