Buena City Zoning Code
ARTICLE XVI
Zoning Districts; Standards
§ 150-119 Establishment of districts.
The Borough of Buena hereby establishes the following zone districts:
Residential | ||
R-1 | (highest density) | |
R-2 | (medium-high density) | |
R-3 | (medium density) | |
R-4 | (transition - low density and farms) | |
R-5 | (transition - lowest density and farms) | |
Agricultural | |
A-1 | |
Industrial | |
I-1 | |
I-2\OC Light Industry\Office Campus (Overlay) [Added 12-16-1996 by Ord. No. 432] | |
Business | ||
B-1 | (central business) | |
B-2 | (highway) | |
B-3 | (planned shopping center) | |
Pinelands Area | |||
Agricultural | |||
P-A | (agricultural production) | ||
Town | |||
P-R3 | (residential, medium density) | ||
P-R4 | (residential and farms, low density) | ||
P-B2 | (highway business) | ||
P-I | (industrial) | ||
§ 150-120 Zone Map.
§ 150-121 Zone boundary determinations.
Where the exact location of a boundary shown on the Zone Map cannot be precisely determined, the following rules shall apply:
A.
Zone boundaries follow the center line of streets, railroads, streams and lot lines as they exist on the current (1991) Municipal Tax Maps or as the lines are fixed by dimensions shown on the Zone Map.
B.
Where boundary lines are not fixed by dimensions but approximately follow lot lines and do not scale more than 10 feet therefrom, the lot line shall be accepted as the boundary line.
C.
Where a zone boundary divides a lot, the location of the boundary shall be determined by a scale measured to the nearest known distance within the zone.
§ 150-122 Zoning schedules.
§ 150-123 General provisions.
A.
Applicability of regulations. No building shall hereafter be erected, moved, structurally altered, rebuilt or enlarged except as provided herein; nor shall any land be used for any purpose other than those permitted in each zone as designated herein; nor shall open space contiguous to any building be reduced in any way except to conform to these schedules.
B.
Violations. In the event of unlawful encroachment or reduction of open space, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall not be issued.
C.
Preservation of natural features. Existing natural features such as trees, streams and drainage swales shall be retained and protected. Whenever such features unduly interfere with the proposed land use, the maximum practical retention of such features shall be preserved.
D.
There shall be no soil removal or mining operations permitted in any zone.
§ 150-124 Nonconformities.
§ 150-125 General height standards and applicability; placement of structures in yards.
A.
The height limitations of this chapter shall not apply to silos, belfries, cupolas or domes not used for human occupancy, nor to water tanks, chimneys, ventilators, skylights or mechanical devices usually carried above roof level, nor to television and radio towers or satellite dish antennas. Such structures shall be carried only to the height necessary for their purpose.
B.
The height limitations of this chapter shall not apply to a parapet wall or ornamental cornice having no windows, provided that such feature shall rise no more than five feet above the standard building height.
C.
Special height to yard modification. Public or quasi-public buildings which are approved to exceed the height limit set in the zone shall increase the front, side and rear yards by one foot for each foot the building exceeds the height limit, up to a maximum height of 50 feet.
D.
Television towers, radio towers and satellite dish antennas shall not be placed in front yard areas or in front of the principal building.
E.
Accessory buildings shall not be placed in front yard areas or in front of the principal building.
§ 150-126 Exempted uses.
§ 150-127 Temporary use permits.
A.
Provision by permit. Recognizing that it may be useful within the purpose of these regulations to permit temporary activities for a limited time, which activities may not be permitted by other provisions of this chapter, a temporary use permit may be granted in accordance with regulations of this section.
B.
Authorization. The Zoning Board of Adjustment is hereby empowered to authorize the granting of a temporary use permit under the same regulations and procedures for the issuance of a use variance.
C.
Standards. The Board shall review each application and find compliance with the following:
D.
Time limitation. Temporary use permits shall be valid for a period not to exceed six months. Upon written request made prior to the expiration date, the Board may grant one six-month extension period, for good cause shown, under the same conditions specified above.
§ 150-128 Interpretation.
The regulations of this article shall be deemed and held to be the minimum requirements for the promotion of the public health, safety and general welfare of the Buena Borough residents. Where other ordinances impose greater restrictions than are set forth herein, such ordinances shall govern.
§ 150-129 Violations and penalties.
A.
Notice of violation. When the Zoning Officer has served the owner or other responsible agent with a written notice of a violation, said violation shall cease and corrective action shall be taken immediately.
B.
Separate offenses. Each day a violation continues shall constitute a separate offense.
C.
Penalties. Any person, firm or corporation violating any provision of this chapter shall, if convicted, pay a penalty of not more than $100 per day for each offense, with costs recoverable before any court having jurisdiction, and, upon default of payment thereof, shall be committed to prison for up to 30 days.
§ 150-130 R-1 Residential Zone standards.
B.
Conditional uses. Conditional uses shall be as follows:
(1)
Schools (public or private).
(2)
Churches.
(3)
Municipal facilities.
(4)
Public utility offices and buildings.
(5)
Philanthropic uses and nonprofit recreational uses.
(6)
Senior citizens housing and life care centers.
(7)
Community residences or shelters (for six or more residents).
(8)
Preschool nurseries or day-care centers (for six or more).
(9)
Home occupations.
§ 150-131 R-2 Residential Zone standards.
§ 150-132 R-3 Residential Zone standards.
§ 150-135 A-1 Agricultural Zone standards.
§ 150-136 Farming rights; restrictions and permitted nuisances.
[Amended 5-19-2003 by Ord. No. 501; 9-16-2024 by Ord. No. 759]
A.
The right to farm shall be protected in the A-1, R-4 and R-5 Zones, as well as the P-A and P-R4 Zones of the Pinelands Area, subject to the regulations governing farm and livestock operations, to the prohibited uses specified below, to the standards set forth in the schedules herein[1] and to the health and sanitary codes.
[1]
Editor's Note: The zoning schedules are included as attachments to this chapter.
B.
The right to farm protection includes the right to use irrigation, fertilizer, insecticides and herbicides, as well as the right to house and graze farm animals.
C.
The right to farm protection shall not extend into the R-1, R-2 and R-3 Zones and the P-R3 Zone of the Pinelands Area, nor shall it extend into the B-1, B-2 and B-3 Zones and the P-B2 Zone of the Pinelands Area, nor shall it extend into the I-1 Zone and the P-I Zone of the Pinelands Area.
D.
In all zones except the A-1 as well as the P-A and P-R4 Zones of the Pinelands Area, the keeping of farm animals such as horses, cows, bulls, mules, donkeys, poultry, rabbits, sheep or goats shall be prohibited unless the property on which they exist comprises at least three acres and said farm animals are not bred for commercial purposes.
(1)
No more than five farm animals or 25 rabbits, chickens or other poultry may be kept on such three-acre properties, except for in the R-4 and R-5 Zones, where no more than five farm animals or 10 rabbits, chickens or other poultry may be kept on such three-acre properties.
(2)
All structures required to shelter animals on such three-acre properties shall be limited to no more than 50% of the square footage of the dwelling existing thereon.
(3)
All farm animals kept on such three-acre properties shall be properly fenced and contained to prevent them from wandering onto neighboring lands or public streets.
(4)
The housing and grazing of said animals on such three-acre properties is prohibited unless the owner or keeper resides in a dwelling house located on the same lot or on a contiguous lot to that on which the animals are housed and grazed.
E.
In all zones except those specified under Subsection A above, no storage of manure or dust-producing substances shall be permitted within 200 feet of any residence.
F.
In all zones except the A-1 Zone and the P-A Zone of the Pinelands Area, the keeping of more than two household pets, such as cats or dogs, is prohibited. NOTE: Household pets by definition do not include those animals traditionally kept as livestock.
§ 150-137 I-1 Industrial Zone standards.
A.
Permitted uses. Permitted uses shall be as follows:
(1)
Food processing and associated operations.
(2)
Paper and wood fabrications.
(3)
Research and testing laboratories.
(4)
Electronics industries.
(5)
Photofinishing.
(6)
Metal products fabrication.
(7)
Light machinery manufacturing.
(8)
Clothing industries.
(9)
Glass products fabrication.
(10)
Pharmaceutical products.
(11)
Truck terminals.
(12)
Warehousing (under roof).
D.
Regulations pertaining to industrial sites. Regulations pertaining to industrial sites shall be as follows:
(1)
Service and loading areas shall be at the rear or side of the site.
(2)
All operations shall be in a closed building.
(3)
Outdoor storage shall be screened from public view by fencing and/or landscaping.
(4)
A minimum of 20% of each site shall be seeded and landscaped, and all existing trees shall be retained wherever possible.
(5)
Controls for dust, smoke, fumes, gases, heat, liquid and solid wastes, vibration, odors, noise, radiation and toxins shall comply with the Department of Environmental Protection standards.
(6)
Controls for electromagnetic interference shall be in accordance with the Federal Communications Commission standards.
(7)
Controls for flammable or explosive materials shall comply with the National Fire Protection Association standards.
E.
Prohibited uses. Prohibited uses shall be as follows:
(1)
Manufacturing of acids, corrosives, ammonia or caustics.
(2)
Manufacturing of cellulose products, resins, dyes, glues or vegetable and animal fats.
(3)
Manufacturing of explosives or combustible gases.
(4)
Manufacturing of soap, detergents or fertilizers derived from animal sources.
(5)
Manufacturing of metal or alloy ingots.
(6)
Manufacturing of carbons.
(7)
Manufacturing of disinfectants, insecticides or poisons.
(8)
Manufacturing of lard, fats or tallow.
(9)
Manufacturing of feeds from refuse, mash or brewer's grain.
(10)
Manufacturing of lime, gypsum or plaster products.
(11)
Manufacturing of perfumes and extracts.
(12)
Manufacturing of plastics.
(13)
Manufacturing of rubber or rubber treatment.
(14)
Manufacturing of starches, glucose or dextrins.
(15)
Manufacturing of brick, tile, terra cotta or charcoal.
(16)
Manufacturing of linoleum or oil cloth.
(17)
Manufacturing of sandpaper or emery.
(18)
Incineration or reduction of waste products.
(19)
Refining of petroleum products.
(20)
Radium extraction.
(21)
Curing or tanning of hides.
(22)
Distillation of tar, roofing or waterproofing.
(23)
Stone-crushing operations.
(24)
Private sewage disposal systems.
(25)
All uses or operations which are offensive because of emissions, vibrations, noise, glare and fire or explosive hazard.
(26)
All residential uses.
F.
In all zones except the A-1 Zone and PA Zone of the Pinelands Area, the keeping of more than four household pets, such as cats and dogs, is prohibited. Note: household pets do not include animals traditionally kept as livestock.
[Added 4-8-2019 by Ord. No. 680]
§ 150-137.1 I-2\\OC Light Industry\\Office Campus (Overlay) Zone Standards.
[Added 12-16-1996 by Ord. No. 432]
A.
Permitted uses in Light Industry Zone. Permitted uses shall be as follows:
(1)
Warehousing in a fully enclosed building.
(2)
Printing and publishing.
(3)
Research and testing laboratories.
(4)
Small contractor's yard.
(5)
Fabrication of paper and wood products.
(6)
Fabrication of electronic products.
(7)
Fabrication of metal products.
(8)
Fabrication of plastic products.
(9)
Fabrication of clothing.
(10)
Fabrication of scientific instruments.
(11)
Manufacture of tool and die equipment.
(12)
Manufacture of beverages (nonalcoholic).
(13)
Manufacture of glass or glass products.
(14)
Manufacture of confections.
(15)
Manufacture of pharmaceutical products.
D.
Prohibited uses in Light Industry Zone. Prohibited uses shall be as follows:
(1)
Manufacture of acids, corrosives, ammonias or caustics.
(2)
Manufacture of cellulose products, resins, dyes or glues.
(3)
Manufacture of explosives, combustible gases or fireworks.
(4)
Manufacture of soaps, detergents or fertilizers derived from animal sources.
(5)
Manufacture of smelting of metal or alloy ingots.
(6)
Manufacture of carbon.
(7)
Manufacture of disinfectants, insecticides or poisons.
(8)
Manufacture or rendering of vegetable or animal fats, lard or tallow.
(9)
Manufacture of feeds from refuse, mash or brewer's grain.
(10)
Manufacture of lime, gypsum or plaster products.
(11)
Manufacture of perfumes or extracts.
(12)
Manufacture of plastics.
(13)
Manufacture of rubber or rubber treatments.
(14)
Manufacture of starches, glucose or dextrines.
(15)
Manufacture of brick, tile, terra-cotta or charcoal.
(16)
Manufacture of linoleum or oilcloth.
(17)
Manufacture of sandpaper or emery.
(18)
Refining of petroleum or petroleum products.
(19)
Extracting of radioactive materials.
(20)
Curing or tanning of hides.
(21)
Animal or poultry processing (slaughtering).
(22)
Stone crushing operation.
(23)
Distillation of tar, roofing or waterproofing materials.
(24)
All uses or operations which are offensive because of emissions, vibration, noise, glare or fire or explosive hazard.
(25)
Commercial incineration or reduction of waste products.
(26)
On-site waste disposal (solid or hazardous waste facility).
(27)
Sewage treatment plant.
(28)
Resource extraction.
(29)
Residential uses.
(30)
Retail uses unless accessory to permitted use.
(31)
Auto wrecking yard.
(32)
Junkyard.
(33)
Recycling operations.
(34)
Flea markets.
E.
Permitted uses in Office Campus (Overlay) Zone. Where a property owner acquires three or more acres in the I-2 Zone hereby created, and conforms to the requirements set forth in the Schedule of Area, Yard, Height and Parking Requirements, the Table of Sign Standards and the Table of Conditional Use Standards,[1] such property owner may create the following additional uses in this Zone:
(1)
Business and professional offices.
(2)
Medical or dental clinics or laboratories.
(3)
Radio or television studios.
(4)
Assisted living facilities.
[Added 9-7-1999 by Ord. No. 467]
(5)
Senior day-care facilities.
[Added 9-7-1999 by Ord. No. 467]
[1]
Editor's Note: Said Schedule and Tables are included at the end of this chapter.
F.
Permitted accessory uses in Office Campus (Overlay) Zone. Permitted accessory uses shall be as follows:
G.
Permitted conditional uses in Office Campus (Overlay) Zone. Permitted conditional uses shall be as follows:
I.
Buffers and landscaping.
(1)
Landscaped buffers shall be provided as follows:
(a)
Adjacent to any street line, landscape buffers shall be a minimum of 10 feet in width.
(b)
Along any property line adjacent to a residential zone or use, landscape buffers shall be a minimum of 25 feet in width.
(c)
Along any property line of an industrial use adjacent to another industrial use, landscape buffers shall be a minimum of five feet in width.
(d)
Along any property line except as modified above, landscape buffers shall be a minimum of 10 feet in width.
(2)
Buffers may be comprised of earth berms, landscaping and fencing.
(a)
Screening shall be provided along buffers adjacent to residential districts or uses. Screening shall be comprised of fencing or landscaping at least six feet in height to provide a visual barrier.
(b)
In addition, shade trees shall be provided in all buffers at a rate of one tree per 1,000 square feet of buffer area.
(c)
Interior lot landscaping shall be provided at a minimum of 4% gross square footage of paved areas of the site used for drives and parking. Shrubbery shall be less than four feet, and shade trees shall have foliage of six feet plus.
§ 150-138 B-1 Central Business Zone standards.
§ 150-139 B-2 Highway Business Zone standards.
§ 150-141 Pinelands Area standards.
See Article XVIII for standards and regulations governing land uses in the Pinelands Area agricultural and town districts.
§ 150-142 Trailers and mobile homes.
A.
Trailer camps and campsites prohibited. Within the limits of the Borough of Buena, no person, firm or corporation shall conduct or carry on the business of the operation of a trailer camp or campsite or work in, occupy or directly or indirectly in any manner whatsoever utilize any place or premises in which is conducted or carried on a trailer camp or campsite, nor shall any person, firm or corporation park, keep, house or maintain any trailer within the limits of this borough on a campsite or in a trailer camp, except for the purpose of repair or storage, for a period of more than six hours, including premises owned by the owner of the trailer, mobile home or camp car.
B.
Removal of wheels prohibited. It shall be unlawful for any person, firm or corporation owning or operating a camp car, mobile home or trailer located on the premises of the owner of the trailer, or on leased ground, to remove or cause to have removed the wheels or any similar devices from said trailer, mobile home or camp car or to otherwise permanently fix it to the ground in a manner that would prevent the ready removal of said trailer, mobile home or camp car.
C.
Exceptions.
(1)
It shall be permissible for work trailers, office trailers and other similar type trailers to be placed temporarily on land in the Borough of Buena for limited periods of time, not to exceed one year, upon application to the Council of the Borough and approval thereof. Extensions of approval of up to six months shall also be considered by Council upon application and approval thereof.
[Amended 2-22-2021 by Ord. No. 695]
(2)
The six-hour limit of passing-through trailers shall be amended to allow for 14 days' stay and for application to the Borough Council for one extension for a period of not more than 14 additional days for the same trailer, person or occupant.
(3)
Present trailer owners may improve capacity and/or quality by replacement of the trailer itself or by construction onto the existing trailer in compliance with the Uniform Construction Code of New Jersey.
(4)
Present trailer owners shall be permitted to sell or rent their land and trailer to someone who plans the same use in the same location.
(5)
Recreational trailers, i.e., those not used for residence, shall be allowed for recreational use and/or storage within the borough.
§ 150-142.1 Housing Overlay Zone (AH-1).
[Added 8-27-2018 by Ord. No. 670]
A.
Purpose. In order to provide for Buena Borough's fair share of the region's low- and moderate-income housing, an affordable housing overlay zone is created for Block 113, Lot 16.04 and Block 171, Lot 22. The overlay zone requires demonstration of the provision of adequate sewer and water in order for its provisions to be used.
(1)
The Borough is required to provide for up to 20 low- and moderate-income units within the overlay zones. The Borough is also permitted to create new low- and moderate-income units in existing units elsewhere in the municipality. The overlay zone may be reexamined and adjusted in accordance with the settlement agreement between the Borough and Fair Share Housing Center if units are provided elsewhere in the municipality before these properties are approved for development under the overlay zoning.
B.
Permitted uses:
(1)
Non-age-restricted single-family detached housing at a density of four units per acre with an affordable housing set-aside of 15% with public sewer and public water.
(2)
Non-age-restricted single-family detached housing at a density of five units per acre with an affordable housing set-aside of 20% with public sewer and public water.
(3)
Accessory uses customary to the private residential use.
C.
D.
General standards:
(1)
Pursuant to N.J.A.C. 5:93-5.6(f) and Mount Laurel II guidelines, if constructed within a development project, the affordable housing units shall be disbursed throughout the site plan and shall, to the extent practicable, have an exterior design which is compatible with the surrounding market-rate units. Similarly, affordable units constructed separate from a development project shall, to the extent practicable, have an exterior design which is compatible with the surrounding housing in the neighborhood.
(2)
Where affordable housing units are to be constructed as part of the development project, all land use approvals and permits required to construct such units, including, but not limited to, Buena Planning Board, Buena Zoning Board, County Planning Board, Pinelands, NJDEP/CAFRA and local building permits, shall be obtained under a single series of applications. Where said 20% affordable housing units are to be constructed separately from the development project, all land use approvals and permits required to construct the development project and the affordable units shall be obtained by the filing of separate but simultaneous applications.
(3)
Regardless of whether constructed as part of a development project or as separate units, no certificate of occupancy for the market-rate units shall be issued unless a proportionate number of certificates of occupancy are issued for the affordable units as per Subsection D(4) below. Similarly, where a development project is proposed to be constructed in phases, the developer shall provide a phasing plan which provides for the affordable housing to be developed proportionately with the market-rate units in accordance with Subsection D(4) below.
(4)
In accordance with N.J.A.C. 5:93-5.6(d), the proportion of affordable to market-rate units to be issued certificate of occupancy shall be as follows:
Maximum Percentage of Market-Rate Housing Units Completed | Minimum Percentage of Affordable Units Completed |
|---|---|
25% +1 | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% |
(5)
All to-be-constructed affordable housing units shall be specifically identified on the site plan for the development project, along with the support services required to sustain such affordable housing units. It is the intent herein to not only encourage but to sustain a quality of life for affordable housing residents within prescribed residential developments.
(6)
In pursing the development of affordable housing as part of a development project, the Planning Board or Zoning Board, as applicable, may grant such bulk (c) variances and/or design waivers as may be necessary to assist in adjusting the site plan configuration to provide for such units, thereby allowing the placement of disbursed affordable housing units throughout the development project.
(7)
All affordable housing units shall be deed-restricted by the developer for a period of at least 30 years in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. Copies of the proposed deed restrictions shall be submitted as part of the site plan review and approval process.
(8)
In addition to building types permitted in planned developments, units developed under the Mount Laurel II procedures may also include modular and manufactured housing units.