Berlin Township City Zoning Code
ARTICLE VI
Single-Family Detached Residential Zone R-1
§ 340-28 Purpose.
The purpose of the Residential Zone R-1 shall be to create a zoning district for single-family detached homes at a maximum density of approximately two units per acre and a limited number of compatible uses.
§ 340-29 Compliance required.
Within this zone, no lot or building shall be used and no building shall be erected or altered to be used in whole or in part unless it complies with the schedule of Article III and the following regulations.
§ 340-30 Permitted uses.
[Amended 7-11-1988]
The following uses shall be permitted in Residential Zone R-1:
A.
Single-family detached dwellings, provided that in the Pinelands Area portion of the R-1 Zone, clustering of the permitted dwellings shall be required in accordance with § 340-21P whenever two or more units are proposed as part of a residential development.
[Amended 9-26-2011 by Ord. No. 2011-21]
C.
Public parks, government buildings and public utility installations which involve no storage yards or commercial office space.
D.
Public and parochial schools.
E.
Day-care centers, private schools and related uses which are not operated as a business.
F.
Churches, synagogues, parish houses, convents and related uses, provided that adequate provision is made for off-street parking, as required.
G.
Home occupations and home professional offices, provided that the use is located within the dwelling, the use is conducted by an occupant of the dwelling and no more than two other individuals are employed, the dwelling structure is without material exterior alteration and the primary use of the property is for a single-family dwelling.
[Amended 11-28-1988]
H.
Single-family detached dwellings on one-acre lots existing as of January 14, 1981, shall be permitted in the Pinelands Area portion of the R-1 Zone, provided that:
[Amended 3-25-1996 by Ord. No. 1996-8; 3-25-1996 by Ord. No. 1996-9]
(1)
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 3.8 acres;
[Amended 9-26-2011 by Ord. No. 2011-21]
(2)
All lands acquired pursuant to Subsection A above, which may or may not be developable, are located within those portions of the R-1 Zone located in the Pinelands Area;
(3)
All noncontiguous lands acquired pursuant to Subsection H(1) and (2) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 9-26-2011 by Ord. No. 2011-21]
(a)
The deed of restriction shall permit the parcel to be managed for:
[1]
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 this chapter;
[2]
Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:
[a]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection H(3)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection H(3)(a)[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant to Subsection H(3)(a)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Camden County or the State Agricultural Development Committee, evidence of their approval shall also be provided;
(b)
The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Attorney and the Pinelands Commission;
(4)
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
(5)
The lot proposed for development otherwise meets the minimum standards of this chapter.
§ 340-31 Conditional uses.
[Added 9-26-2011 by Ord. No. 2011-21]
A.
Nonclustered residential development in the Pinelands Area portion of the R-1 Zone. Single-family detached dwellings which are not clustered in accordance with § 340-21P may be permitted as a conditional use in the Pinelands Area portion of the R-1 Zone, provided that:
§ 340-32 Area and yard requirements.
A.
The area and yard requirements for the Residential Zone R-1 shall be as follows:
[Amended 7-11-1988]
(1)
Density: three units per acre, except that in the Pinelands Area, one dwelling unit per three and eight-tenths acres shall be allowed.
[Amended 4-12-1993 by Ord. No. 1993-6]
(2)
Minimum lot area: 12,000 square feet.
(3)
Minimum lot frontage: 100 feet.
(4)
Minimum lot depth: 100 feet.
(6)
Lot coverage: 20%.
(7)
Maximum height: 35 feet.
B.
Notwithstanding the minimum lot areas set forth in the Schedule of Yard Area and Bulk Requirements,[1] no such minimum lot area for a nonresidential use in the Pinelands Area of the R-1 Zone shall be less than that needed to meet the water quality standards of § 340-21H(1)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[1]
Editor's Note: The Schedule of Area, Yard and Bulk Requirements is located at the end of this chapter.
§ 340-33 Off-street parking.
See Article XVI, Off-Street Parking and Loading Areas.