Bridgeton City Zoning Code
ARTICLE I
General Provisions
§ 370-1 Long title.
The long title of this chapter is "An Ordinance To Limit and Restrict to Specified Districts and To Regulate Therein Buildings and Structures According to Their Construction, and the Nature and Extent of Their Use and the Nature and Extent of the Uses of Land."
§ 370-2 Short title.
This chapter shall be known and may be cited as the "Zoning Ordinance of the City of Bridgeton, New Jersey."
§ 370-3 General intent.
The regulations and districts set forth herein are established to implement the City of Bridgeton Master Plan goals, objectives, and policies; with consideration given to Plan Endorsement (Visioning) findings. It is the purpose of this chapter to:
A.
Promote, protect, and improve, in accordance with present and future needs, the public health, safety, comfort, good order, appearance, convenience, morals, and general welfare of the citizens of Bridgeton, New Jersey; and
B.
Conserve the value of land, buildings, and resources; to protect the character and maintain the stability of residential, business and industrial areas; and
C.
Maintain a balanced community that offers a mix of appropriate land uses that preserves and enhances the City's distinctive community character and sense of place by encouraging residential home ownership and expanding permitted uses in commercial districts; and
D.
More effectively manage population density so as to mitigate the burden on City resources and infrastructure; and
E.
Revitalize the Central Business District, creating a safe, vibrant downtown entertainment district; and
F.
Provide efficiency and economy in the property development process.
§ 370-4 Establishment of controls.
A.
New uses and structures. In all districts, from and after the effective date of this chapter, any new buildings or other structures may be constructed or altered and used and any tract or parcel of land may be developed and used only in accordance with the regulations of this chapter.
B.
Existing uses and structures. In all districts, from and after the effective date of this chapter, any building or other structure, any tract or parcel of land, and any use conducted within a structure or on a tract or parcel of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and shall be subject to the regulations of Article IX of this chapter.
§ 370-5 Establishment of zoning districts.
[Amended 9-17-2013 by Ord. No. 13-06]
In order to carry out the purpose and provisions of this chapter, the City of Bridgeton is hereby divided into the following zoning districts:
R-1 | Low-Density Residential |
R-2 | Medium-Density Residential |
R-3 | High-Density Residential |
R-4 | Neighborhood Residential |
C-1 | Central Business |
C-2 | Apartment/Commercial |
C-3 | Hospital-Medical Center |
C-4 | Neighborhood Business |
C-5 | Highway Commercial |
PMU-1 | Planned Mixed-Use Overlay |
I | Industrial |
O-1 | Park and Open Space |
WF | Waterfront |
§ 370-6 Adoption of Zoning District Map.
A.
The Zoning District Map (§ 370-11.1 Attachment 1) was prepared with reasonable consideration of the existing character of the various areas within the City of Bridgeton and their respective suitability to their particular uses.
B.
The areas within the City limits assigned to a specific zoning district whose location of boundaries are established by this chapter and shown on the official Zoning District Map (Attachment 1), Bridgeton, New Jersey, dated August 15, 2013, which, together with all explanatory matter thereon, is hereby declared to be a part of this chapter.
[Amended 9-17-2013 by Ord. No. 13-06]
C.
The official copy of the Zoning District Map shall be kept on file with the Zoning Officer. If, and whenever, changes are made in boundaries or other matters included on said map, such changes shall be made within five days after the amendment has been approved by City Council pursuant to § 370-88.
§ 370-7 District boundary lines, disagreements.
The district boundary lines as shown on the Zoning District Map are intended to follow the center line of streets, railroad rights-of-way, streams, alleys, and lot (or property) lines as they exist on plats of record at the time of passage of this chapter. Where uncertainty exists, the following rules shall apply:
A.
Where boundaries are not fixed by dimensions and where they do not scale more than 10 feet distant therefrom, lot lines shall be construed to be such boundaries unless specifically shown otherwise.
B.
On unsubdivided land and where a zone boundary divides a lot, the location of such boundary (unless same is indicated by dimensions shown on the Official Map, shall be determined by the use of the scale appearing thereon.
C.
Where a property is divided between more than one zoning district, the entire lot (or portion thereof located in the neighboring zone) may be used for a purpose permitted in either zone upon application for a conditional use approval by the approving authority, provided that all of the following conditions are met:
(1)
The use contemplated can be best established by using the portion of the lot in the neighboring zoning district without materially affecting the adjoining properties.
(2)
The site plan shall be appropriate to the adjoining areas.
(3)
Prior to hearing the associated application, a set of plans, specifications, and plot plans shall be filed with the secretary of the approving authority showing overall dimensions, existing and proposed buildings, and the relationship of the proposed use to the streets and adjacent properties and other physical features that might act as a detriment to the general public welfare.
§ 370-8 Boundary tolerances.
Where a district boundary line divides a lot held in single and separate ownership at the effective date of this chapter, the use regulations applicable to the more restrictive district shall apply.
§ 370-9 Conflict with other government regulations.
Where there is a conflict between this chapter and the regulations of any state, county or other governmental agency, the strictest regulation shall apply, unless preempted by such other regulations.
§ 370-10 General interpretation.
A.
For the purpose of this chapter, the terms and words listed in this section and § 370-11 shall have the meanings defined. Words not herein shall have the meanings given in Webster's Unabridged Dictionary.
B.
For the purpose of this chapter, the following rules of interpretation shall apply:
(1)
Words in the present tense include the future tense.
(2)
Words in the singular case include the plural case, and vice versa.
(3)
The words "used" and "occupied" shall be considered to include the words "or intended, arranged or designed to be used or occupied, or offered for occupancy."
(4)
The term "such as" shall be considered as introducing a typical, or illustrative, designation of items, and shall not be interpreted as constituting a complete list.
§ 370-11 Definitions.
Unless otherwise stated herein, the following definitions shall apply:
A building or structure subordinate to and located on the same lot with a main building and designed, intended or used as an accessory use; the height of an accessory building shall not exceed 20 feet in height, except that a required off-street parking garage which is accessory to the main building, or any accessory buildings or structures to the main building of an alternate power producer may exceed 20 feet in height, but in no case to exceed 250 feet.
A use conducted on the same lot as the principal use to which it is related, whether located within the same or accessory structure or as an accessory use of land; except that, where specifically provided in the district regulations, off-street parking or loading need not be located on the same lot; and is a use which is clearly incidental to and customarily found in connection with such principal use. An accessory use may be either in the same ownership as the principal use or operated and maintained on the same lot in a different township substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
Any office or business function in which there is no regular contact with the general public and no materials, products, goods or prepared foods are stored, manufactured or assembled except for employees' consumption.
The Zoning Officer, with the exception of preparing and certifying official property lists pursuant to N.J.S.A. 40:55D-12c, which shall be the Tax Assessor, or in the absence of the Tax Assessor, shall be the Tax Assessor Clerk.
[Amended 10-3-2017 by Ord. No. 17-25]
A private or publicly owned thoroughfare other than a dedicated street.
Any change, addition or modification in construction or arrangement of a building or structure, or change in use from that of one district classification to another, or removal of a building from one location to another.
A cogeneration facility, windmill or solar facility which has received qualifying facility status from the appropriate state or federal regulatory agency.
A dwelling unit consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
A part of a building consisting of one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit.
Any private person, persons or any representative of any private entity, private organization, association, or public agency with legal authority to make an alteration, addition, renovation, or repair or to demolish a structure that is governed under this section of the municipal ordinances.
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to the MLUL.
The Planning Board of Bridgeton unless a different agency is designated by ordinance when acting pursuant to the MLUL.
A facility providing sleeping or dwelling accommodations to transient guests in accordance with N.J.A.C. 5:70-1.5. A bed-and-breakfast is limited to single-family detached homes with no more than five lodgers or boarders at any one time. Also known as a "tourist home."
A building which contains two or more units of dwelling space arranged or intended for single-room occupancy wherein personal or financial services are provided to residents, including any residential hotel or congregate living arrangement pursuant to N.J.S.A. 55:13B-1 et seq. and N.J.A.C. 5:27.
The Board established pursuant to the MLUL and this chapter.
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
A portion of land covered by buildings and other roofed structures.
The exterior side of a building wall extending from ground level to roofline.
The vertical distance of a building measured from the mean ground elevation at the front of the building to its highest point, but not including chimneys, spires, towers, elevator penthouses, tanks, antennas, air-conditioning equipment and similar projections; provided, however, that such projections shall not cover more than 5% of the roof area and shall be shielded by a parapet wall.
A line parallel to the street right-of-way line bounding an area within which buildings and certain facilities are prohibited.
An act by which skills of one person are utilized for the benefit of a business or professional establishment, provided that no function involves manufacture, cleaning, repair, storage or distribution of products or goods.
A governmental acquisition of real property or major construction project.
A facility for the washing and cleaning of automobiles using production line methods with a conveyor, blower and other mechanical devices and/or providing space, material and equipment for a fee to individuals for self-service washing and cleaning of automobiles.
A story partly above grade level having more than half of its floor-to-ceiling height below the average level of the adjoining ground. A cellar shall not be used as a dwelling unit.
Any use that substantially differs from the previous use of a building or land.
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.
An establishment where patients who are not lodged overnight are admitted for examination and treatment by one physician or dentist, or a group of physicians and/or dentists, practicing the commonly acceptable forms of medicine.
All of the components and related facilities of a plant where electricity and heat are simultaneously produced from a single fuel source, including without limitation the transmission line and any and all appliances, parts, instruments, appurtenances, accessories and other property that may be incorporated or installed in or attached to or otherwise become part of such plant.
A business conducted primarily to provide amusement, entertainment or relaxation to the general public, such as motion-picture theaters, bowling alleys, billiard halls, tennis, and miniature golf.
An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
Facilities which are operated and maintained for the benefit of the general public or a segment of the population, such as places of worship and related facilities, community recreation centers, auditoriums, libraries, service organizations such as the YMCA, transportation terminals, including taxi operations, public and private schools and the like.
An application for development completed as specified by ordinance, by checklist, and the rules and regulations of the approving authority and the provisions of all required documents.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board. If all conditions cannot be met, the application must be approved by the Board of Adjustment.
This term, as applied to this chapter, is intended to include nursing homes, skilled nursing facilities, continuing care retirement homes, extended care facilities, and similar uses which provide facilities for the treatment and rehabilitation of human ailments.
The Planning Board of Cumberland County, New Jersey.
A pedestrian walkway which crosses a street at a location other than that street's intersection with another street.
Standards adopted by ordinance regulating material, dimension or engineering specifications.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structures, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to this chapter.
The Zoning Ordinance, Subdivision Ordinance,[1] site plan ordinance, Official Map Ordinance or other City regulation of the use and development of land or amendment thereto adopted.
A function involved in the division, dispensation, or relocation of materials, goods or products.
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
A building, any portion of which is used or intended to be used exclusively for residential purposes. The following dwelling types are permitted in various zoning districts in the City (See Attachment 2)[2]:
SINGLE-FAMILY ATTACHED DWELLINGA building designed for three or more families with the dwellings separated by common walls and each having its own main entrance in the front of the building. Single-family attached dwellings can each be located on a separate lot or one common lot. A single-family attached dwelling is also known as a "townhouse."
SINGLE-FAMILY DETACHED DWELLINGA building designed exclusively as a residence for one family on one lot that is not attached to any other dwelling by any means.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building designed for two families living side by side in separate units from each other by an unpierced wall extending from the basement to the roof having a common wall with one side yard provided for each dwelling. Single-family semidetached units are each located on a separate lot and are also known as a "duplex" or "twin."
TWO-FAMILY ATTACHED DWELLINGA building designed for two families with one family living wholly or partly over the other (over/under) or one family living side by side (duplex) the other and each having its own main entrance and located on one lot.
FOUR-FAMILY ATTACHED DWELLINGA building designed for four families with two family dwellings located on the ground floor and two dwellings on the second floor, the dwellings on each floor separated by a common wall and each dwelling unit having its own main entrance in the front of the building. A four-family attached dwelling is located on one lot.
FOUR-FAMILY SEMIDETACHED DWELLINGA building designed for four families with the dwellings separated by common walls and each having its own main entrance in the front of the building. A four-family semidetached dwelling is located on two lots.
TOWNHOUSESee "single-family attached dwelling."
Any portion of a building used or intended to be used by one or more individuals living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities.
The harmonious relating of proposed structures to the terrain and to the existing buildings in the vicinity that have a visual relationship to the proposed buildings, structures and open spaces in a design control district.
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
The official action of the Planning Board taken on a preliminary approved plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantee.
The land, and space above that land, which lies below the flood hazard area design flood elevation in accordance with N.J.A.C. 7:13 et seq., Flood Hazard Area Control Act Rules.
The sum of the gross horizontal areas of all enclosed floors of a building, including cellars, basements, mezzanines, penthouses, corridors, and lobbies from the exterior face of exterior walls, or from the center line of a common wall separating two buildings, but excluding any space with a floor-to-ceiling height of less than seven feet six inches or accessory buildings that are not intended for human occupancy (Reference: 2009 international Building Code, New Jersey Edition, Chapter 1208.2).
A business conducted primarily for the retail sale and direct delivery to motor vehicles of fuel and lubricants. Such business may provide ancillary services such as the lubrication and hand washing of motor vehicles, minor repairs to motor vehicles, and the sale and installation of automobile accessories such as tires and batteries.
A plan showing general land use, circulation, open space, utilities, stormwater management, environmental factors, community facilities, type and density of housing, floor area for nonresidential development, local services, fiscal implications, development agreement, and phasing for parcels in excess of 100 acres which are proposed to be constructed as a planned development in accordance with the requirements of the MLUL. The term of the effect of a general development plan approval shall be determined by the Planning Board and shall not exceed 20 years.
A profession or business conducted in a single-family dwelling or in an accessory building by a member of the family residing on the premises, such profession or business being clearly incidental and secondary to the use of the main building for residential purposes, conducted entirely within a building, and not changing the exterior appearance of the building.
A finished product(s).
Includes any single-family dwelling used in the placement of 12 children or less pursuant to law, recognized as a group home by the Department of Children and Families in accordance with rules and regulations adopted by the Commissioner of Children and Families; provided, however, that no group home shall contain more than 12 children in accordance with N.J.S.A. 30:4C-2 and 40:55D-66.
A boarding- or rooming house containing fewer than eight units that must be registered in accordance with N.J.A.C. 18:24-3.3.
Any enclosed floor area designed and intended for living, sleeping, dining or kitchen facilities. The term shall include that portion of an attic having structural headroom of seven feet six inches or more and floor area located below ground level, provided that more than 1/2 the wall height is above ground and there exists structural headroom of seven feet six inches or more. The term is intended to include bathrooms, laundry areas, storage rooms, hallways and similar space.
A transitional facility that provides housing to persons who are inmates who have been released, nearing their release or have been placed into a diversionary program associated with their sentence wherein such persons participate in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during nonresidential hours for a period of time prior to their full release into the community.
A building, structure or site or any portion thereof that is used for the storage, manufacture, or processing of highly combustible or explosive products or materials that are likely to burn with extreme rapidity or that may produce poisonous fumes or explosions; for storage or manufacturing that involves highly corrosive, toxic, or noxious alkalis, acids, or other liquids or chemicals producing flame, fume, or poisonous, irritant, or corrosive gases; and for the storage or processing of any materials producing explosive mixtures of dust or that result in the division of matter into fine particles subject to spontaneous ignition.
A facility offering transient lodging accommodations for the general public and which may include additional facilities and services such as restaurants, meeting rooms, entertainment, personal services and recreational facilities.
That part of the lot that is covered by impervious surfaces.
Recreation facilities such as handball courts, indoor tennis courts, children's play areas, swimming pools which are located entirely within a building and intended for the sole use of the tenants and their families and/or employees of a specific building. Such areas will qualify as a part of the open space requirements intended by this chapter.
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose right to use, acquire, or enjoy property under this act or under any other laws of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this act.
A public sidewalk which is not located within or adjacent to a street right-of-way.
Property that includes improvements and fixtures on, above or below its surface.
The legal or beneficial owner or owners. The holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land, shall be deemed to be landowner for the purpose of this chapter.
A business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises.
A space located off the street for the parking of trucks which are loading and unloading goods and objects.
A designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.
A lot at the junction of two or more intersection streets.
That portion of a lot which is covered by buildings and/or impervious materials.
The shortest distance measured from the front lot line to the rear lot line.
The length of the front lot line measured at the street right-of-way. In the case of a corner lot, any portion of the lot extending along a street line shall be considered lot frontage.
The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line.
That period of work in which the greatest number of employees are present.
Any security which may be accepted by a municipality for the maintenance of any improvements of this chapter, including but not limited to surety bonds, letters of credit and cash.
A composite of one or more written or graphic proposals for the development of the City of Bridgeton which shall have been duly adopted by the Planning Board.
Articles which are components of a future product.
A building containing residential and nonresidential uses.
A building or group of buildings which contain living or sleeping accommodations used primarily for transient occupancy and each living or sleeping unit has an entrance from outside the building.
The Bridgeton Planning Board or Board of Adjustment, or governing body when acting pursuant to the MLUL, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to the MLUL.
The law specifying the legal tenets for land use within the state of New Jersey (N.J.S.A. 40:55D et seq.), and typically abbreviated as NJ MLUL or MLUL.
Any use conducted by the City of Bridgeton such as administrative functions, parks and recreation facilities, and similar uses; and for the purpose of this chapter, the term "municipal use" is intended to include the Bridgeton Housing Authority, the Bridgeton Redevelopment Agency, and similar municipal authorities and departments.
A commercial area, usually located on an arterial or collector street, providing a mix of convenience retail, professional offices and services primarily for residents of the surrounding area. Neighborhood commercial areas promote efficient land use and walkability, accommodating the automobile but orienting the site design and architecture to the pedestrian.
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A zoning district map adopted by ordinance in accordance with the MLUL.
Located outside the lot lines of the lot in question but within the properly, of which the lot is a part, which is the subject of a development application or the closest half of the street or right-or-way abutting the property of which the lot is a part.
Parking provided for a specific use but located on a site other than the one on which the specific use is located.
Not located on the property which is the subject of a development application nor on the closest half of the abutting street or right-or-way.
Located on the lot in question and excluding any abutting street or right-of-way.
Located on the property which is the subject of a development application or on the closest half of an abutting street or right-of-way.
That portion of a lot which is required to remain uncovered by buildings or impervious materials except that sidewalks and access drives located between the building setback line and the street right-of-way line shall be considered to be open area.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
All waters of the state as defined in N.J.A.C. 7:7A-1.4 which generally includes oceans, estuaries, springs, streams, lakes, rivers, wetlands and bodies of surface water or ground water, whether natural or artificial.
An area which provides for the temporary storage of one automobile. Such area may be located on ground level, above ground or below ground.
For purpose of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of P. L. 1975, c. 291 (N.J.S.A. 40:55D-12).
A portion of land covered with a weatherproof surface for the use of parking spaces, driveways, streets, sidewalks, patios or terraces or play areas. In computing paved area, that area covered by buildings shall be excluded.
Any security, which may be accepted by the City, including but not limited to surety bonds, letters of credit and cash.
Standards adopted by this chapter regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and other similar matters.
Impervious or pervious pavement, asphalt, concrete, or similar surfaces. This definition does not include temporary surfaces such as gravel, shale, shells or similar materials that can be readily moved, graded, distributed or redistributed.
Establishments primarily engaged in providing services involving the care of a person or their personal goods or apparel. A service provided by a person for the benefit of another providing that no function involves manufacture, cleaning, repair, storage or distribution of products or goods, except for cleaning and repairing of clothing and personal accessories.
Material, natural or man-made, which will allow stormwater to seep through it to the ground surface below, i.e., gravel, pervious asphalt and similar material.
The Planning Board of the City of Bridgeton.
The conferral of certain rights pursuant to Sections 34, 36, and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; 40:55D-48; and 40:55D-49) prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
Architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale and relationship to its site and immediate environs.
Foodstuffs and/or drinks which have been cooked, changed, cleaned or otherwise altered for public consumption.
The primary use conducted on a lot or within a building on a specific lot. For the purpose of this chapter, a principal use is one allowed by right or as a conditional use.
Recreation facilities provided for the exclusive use of the owners, members, occupants and/or tenants of a building and their guests.
A function involved in the manufacture of materials, goods or products in which they are not physically changed except for packaging or sizing.
Any article whose appearance or composition has been changed or altered, but not in a completed form for ultimate disposition.
A function involved in the manufacture of materials, goods, or products in which they are physically changed.
The conversion of a residential building to a professional use. The conversion is intended to include the commonly accepted professions of law and medicine and those vocations which imply advanced knowledge, such as but not limited to engineering, accounting, architecture and surveying.
An office within which is conducted the operation of a profession, including the commonly accepted professions requiring licensing or a certificate from an accredited agency of law, medicine, and those vocations which imply advanced knowledge, such as but not limited to engineering, accounting, architecture and surveying.
Those areas such as public parks, playgrounds, trails, paths and other recreational areas; public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
The land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as the drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, state or county agency, or other public body for recreational or conservational uses.
A building or other structure such as an elevated deck used for the parking or storage of privately owned automobiles but not for the permanent storage of vehicles.
An open, off-street land area, including parking spaces and access and egress drives or aisles and pedestrian walkways, which land area is used for the parking of vehicles and in which area no gasoline or automobile accessories are sold and no other business is conducted.
Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.
The majority of the full authorized membership of a municipal agency.
A facility that provides short-term, primary inpatient care, treatment, and/or rehabilitation services for persons recovering from illness or injury who do not require continued hospitalization.
The conversion of a building to contain more dwelling units than the existing building contained, i.e., a single-family house converted to two or more apartments.
The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
A strip of land acquired by reservation, dedication, prescription, or condemnation that is intended to be used as a public way such as a street, crosswalk, railroad, utility transmission lines or piping (oil, gas, water, etc.), or other similar uses.
The lines that form the boundaries of a ROW.
A building which contains two or more units of dwelling space arranged or intended for single-room occupancy wherein personal or financial services are not provided to residents, including any residential hotel or congregate living arrangement pursuant to N.J.S.A 55:13B-1 et seq. and N.J.A.C. 5:27.
Any planting or material used to visually obscure the use or activity on one lot or parcel or tract of land from an adjacent lot or public right-of-way.
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
A restaurant with tables on the sidewalk in front or on the side of the premises.
Retail sales of a short-term and temporary nature conducted on the sidewalk or adjacent to the indoor establishment of the tenant or owner without permanent improvement made to the site.
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
A development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.
SITE PLAN, MAJORAny site plan not classified by the approving authority as a minor site plan.
SITE PLAN, MINORA development plan of one or more lots which:
Proposes new development within the scope of development specifically permitted by ordinance as a minor site plan;
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to Section 30 of P.L. 1985, c. 291 (N.J.S.A. 40:55D-42); and
Satisfies all of the criteria specified on Page 1 of the Bridgeton Site Plan Checklist.[3]
[Amended 9-17-2013 by Ord. No. 13-06]
A profession or business, clearly medically related, conducted in a single-family dwelling or in an accessory building by a member of the family residing on the premises, such profession or business being clearly incidental and secondary to the use of the main building for residential purposes; and conducted entirely within a building.
A function involving the deposition of materials, goods or products for safekeeping.
The front or facade of a store or shop facing a street at ground level, usually with display windows.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A cellar or basement shall not be considered as a story unless 50% or more of the basement is above grade.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:
Which is an existing state, county or municipal roadway;
Which is shown upon a plat heretofore approved pursuant to law; or
Which is approved by official action; or
Which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.
A combination of materials to form a construction for occupancy, use, or ornamentation whether installed on, above, or below the surface of a parcel of land.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development.
SUBDIVISION, MAJORAny subdivision not classified as a minor subdivision.
SUBDIVISION, MINORA subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve:
See "bed-and-breakfast."
A typed or printed verbatim record of the proceedings or reproduction thereof.
Permission to depart from the literal requirements of a zoning ordinance.
Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation; provided, however, that wetlands shall be defined and regulated by the New Jersey Department of Environmental Protection under Freshwater or Tidal/Coastal Regulations and/or by the United States Army Corps of Engineers.
An area of upland adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem.
Any procedure involving persons who in the normal course of business do not engage in sales to the general public.
An unoccupied space that lies between the principal building or buildings and the nearest lot line.
FRONTThe space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line. For corner lots, the yard areas between the building and both intersecting streets shall be considered front yards.
REARThe space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. For corner lots, the yard area opposite the street which is the address of the property shall be considered the rear yard.
SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building. For corner lots, the yard area to the side of the street which is the address of the property shall be considered the side yard.
The administrative officer designated to administer the Zoning Ordinance and issue zoning permits in accordance with the provisions of Article XI of this chapter.
A document signed by the administrative officer:
Which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and
Which acknowledges that such use, structure or building complies with the provisions of the Municipal Zoning Ordinance or variance therefrom duly authorized by a municipal agency pursuant to the MLUL.
[2]
Editor's Note: Attachment 2 is included as an attachment to this chapter.
[3]
Editor's Note: Said checklist is on file in the City offices.
§ 370-11.1 Attachments and zoning schedules.
A.
Attachments. The following items are attached to this chapter:
(1)
Attachment 1, Zoning District Map.
(2)
Attachment 1A, Historic District Map [Refer to § 370-29.1(A)].
B.
Zoning schedules. Any departure from the specifications listed on the following zoning schedules shall require the approval of a variance:
(1)
Attachment 3, Area, Yard, Bulk and Parking Standards.[1]
[1]
Editor's Note: Attachment 3 is included as an attachment to this chapter.
(2)
Attachment 4, Parking and Loading Standards.[2]
[2]
Editor's Note: Attachment 4 is included as an attachment to this chapter.
(3)
Attachment 5, Signage Standards.[3]
[3]
Editor's Note: Attachment 5 is included as an attachment to this chapter.
(4)
Attachment 6, Sign Types Illustrated.[4]
[4]
Editor's Note: Attachment 6 is included as an attachment to this chapter.
§ 370-11.2 Common regulations and standards.
A.
The regulations and standards prescribed in Article VIII of this chapter shall apply to all zoning districts except where otherwise noted in this chapter.
B.
Extent of applicability.
(1)
Before any temporary or permanent change of use, renovation, installation of any signs, construction of accessory structures, including but not limited to sheds, garages, porches, fences, driveways, or any other construction or development, including excavation of earth, sand, gravel or other natural mineral deposits, or the stripping of sod or topsoil for other than incidental use of the premises, for grading such premises, or in connection with the construction of buildings, the Zoning Officer shall be contacted for guidance in the proper procedures and applications required to obtain permits required for performing these activities. Normal lawn preparation and maintenance is incidental and not subject to this regulation.
(2)
In addition to the above requirements, activities on lands in or adjoining open waters, wetlands, transition areas and/or flood hazard areas shall require approval by the New Jersey Department of Environmental Protection and United States Army Corps of Engineers, as applicable.
§ 370-11.3 Severability.
In the event that any portion of this chapter is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the chapter actually adjudged invalid and shall not be deemed to affect the operation on any other portion thereof.
§ 370-11.4 When effective.
This chapter shall take effect upon publication after final passage and approval, as provided by law, and filed with all appropriate government agencies.
§ 370-11.5 Repealer.
All other ordinances or part(s) of ordinances inconsistent with the provisions of this chapter are hereby repealed to the extent of their inconsistency.