Burlington City Zoning Code
§ 207-71
General regulations.
A.
Conformity.
(1)
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner, except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
(2)
Any construction permits, change of use, driveway, installations or additions to any property within the City of Burlington which involves work that expands the volume or footprint of the building or where the cost of the proposed construction exceeds 50% of the assessed improved value of the property shall be reviewed by the Zoning Officer to determine conformity with all zoning requirements and restrictions. The Zoning Officer will review and approve, deny and refer to the screening or Land Use Boards as appropriate. The fee for review by the Zoning Officer shall be in accordance with the fee schedule set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington.
[Amended 8-6-2024 by Ord. No. 24-2024]
B.
Accessory structures. In addition to the other requirements of this chapter, the following requirements shall apply:
(1)
No accessory building shall be closer to any front yard than the principal building on the same lot.
(2)
No accessory building in a residential transect shall exceed a height of more than 15 feet.
(3)
A carport, existing before the passage of this chapter, may be altered and enclosed to make a garage. Such finished garage shall be no closer than five feet to the side lot line and shall not project beyond the front of the original principal structure.
(4)
Small accessory buildings of not more than 144 square feet in ground floor area and 10 feet in height are permitted in the side and rear yard setback areas, provided they are not placed closer than five feet from any lot line. Such building shall not be used for an automobile garage.
(5)
Accessory buildings shall be architecturally compatible with the principal building on the same lot.
(6)
No swimming pool may be located in any front setback area, but may be located in the rear yard and side yard setback areas; provided that no part of the pool surface is located closer than 10 feet to the property lines. (See also Chapter 311, Swimming Pools.)
(7)
Tennis courts are a permitted accessory structure, provided that no tennis court shall be closer than 10 feet to the inside or rear property line. Tennis courts in residential transect must also adhere to the requirements of Subsection G of this section.
(8)
Sheds (garden-type utility and similar structures, but not garages) may be installed without a UCC permit (regardless of floodplain) as long as they meet the following criteria: 200 square feet or less in area; less than 10 feet in mean height; accessory to R-2, R-3, R-4 or R-5; and containing no utilities.
[Added 5-3-2022 by Ord. No. 05-2022]
C.
Yards and open space. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
D.
Occupied lots. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by this chapter for the transect or special district in which such lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
E.
Previous permits. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which has been issued and the construction of which shall have been started before the date of first publication of notice of the public hearing on this chapter, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall have been completed in accordance with such plans as have been filed within one year from the date of passage of this chapter.
F.
Visibility obstructions. In a residential transect, no fence, shrubs or other obstruction to visibility, exclusive of trimmed trees or existing buildings, shall be erected, planted or maintained upon corner lots within 25 feet of any street intersection. Any existing obstruction, exclusive of trimmed trees or existing buildings of this character, which, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection, shall be removed by and at the expense of the owners of such corner lots within six months of the date of passage of this chapter.
G.
Fence and wall limitations in residential districts.
(1)
No walls shall be constructed to define or enclose a portion of a property in any residential district, except for retaining walls which are constructed specifically to resist the lateral displacement of soil.
(2)
In a residential transect, or on lots used for such purposes in any other districts:
(a)
No fence of any type in excess of four feet in height shall be permitted without a fence permit obtained from the Zoning Officer.
(b)
Application for a fence permit shall include the following:
[1]
Completed fence permit application form.
[2]
Fence permit application fee.
[3]
Drawing or survey of the subject property depicting the location(s) of the proposed fence(s) as well as the location of any existing fence(s).
[4]
An elevation drawing, photograph, catalog cut, or other reasonably accurate visual depiction of the proposed fence(s) which shall show:
(c)
No application for a fence permit shall be approved unless all of the above items have been included at the time of submission.
(d)
All complete applications for fence permits shall be approved or denied by the Zoning Officer within 10 days of submission.
(e)
Fences shall be erected such that the supporting members thereof shall not be visible to one's neighbor(s).
(f)
No fences shall be erected or maintained upon a corner lot within 25 feet of any street intersection.
(g)
The bottom of all fences shall be erected to be no less than four inches above existing grade.
(h)
The distance between parallel fences shall allow for fence and lawn care and maintenance.
(i)
No fence shall be erected that is a safety hazard to others.
(j)
No fence shall be erected that is greater than four feet in height unless such fence is erected outside of or beyond: a public right-of-way; the front yard setback of any principal building or structure; and any sight triangle.
(k)
Along all other locations, no fence shall be erected that is greater than six feet in height.
(3)
An appeal of a decision made by the Zoning Officer for the height of a fence shall come before the Land Use Board and shall be handled as a "c" variance pursuant to N.J.S.A. 40:55D-70(c).
(4)
Within the Historic District or with respect to any structure designated as an historic structure, any removal or change in any fence or wall must be determined to be compatible with the historical or architectural integrity of the property and a certificate of appropriateness resulting from review by the Historic Preservation Commission and the Land Use Board is required. (See Article IV.) The Historic Preservation Commission and Land Use Board's review shall deal with materials, design and height. Both Boards shall consider materials, design and height as it affects their respective areas of concern, i.e., historic preservation, safety, visibility, etc. The applicant shall have the right to choose the order or sequence of review by the respective Boards.
H.
Street wall. Every building used or intended for use, in whole or in part, as a dwelling hereafter erected shall have one entire wall, without any intervening structure, face upon a public street. No detached building shall be constructed in front of, or moved to the front of, a dwelling on the same lot.
I.
Flammable and combustible liquid storage.
(1)
The storage of flammable and combustible gases and liquids shall not be permitted above the ground in any district in any storage tanks or other type storage containers the total capacity of which exceeds 100 gallons, except when the storage of such material is an accessory use to a use permitted in the Industrial District I-1.
(2)
The transportation, storage, handling and processing of flammable and combustible liquids shall be in strict accordance with the N.J. Uniform Fire Prevention Code.
J.
Materials and equipment storage.
(1)
Screening. All materials and equipment, excluding motor vehicles used in connection with a commercial or industrial use, shall be stored within buildings or shall be enclosed by approved walls, fences or screen planting, and in no case shall be in front of the building line or within required yard areas. Outdoor displays shall only be permitted in accordance with the provisions of § 207-84.1.
(2)
Trailers. A truck, trailer, tractor trailer, containerized unit or similar structure, device or vehicle shall not be used for outdoor storage purposes unless enclosed within a building which has received site plan approval as a storage facility or warehouse.
(3)
Residential use of trailers. No truck, trailer, or recreational vehicle shall be used for residential purposes.
K.
Height exceptions. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features and necessary mechanical appurtenances usually carried above roof level. Such features, however, shall be erected only to such height necessary to accomplish the purpose they are to serve and must be specifically approved by the Land Use Board.
L.
Home occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, accounting, real estate and insurance, barbers and beauticians and babysitting for no more than five nonresidential children. Home occupations shall be a permitted in transects and special districts shown on Attachment 3, provided the following standards are met:
(1)
The home occupation is carried on completely within the dwelling unit and is carried on only by a resident (occupant) residing in the dwelling unit plus not more than one full-time additional employee or equivalent.
(2)
Not more than 25% of the floor area of the dwelling shall be devoted to home occupations.
(3)
No frequent servicing by truck for supplies and materials shall be required by the home occupation. Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district.
(5)
No exterior alterations, additions or changes to the residential character of the dwelling unit shall be permitted in order to accommodate or facilitate a home occupation including but not limited to parking, storage, or lights.
(6)
No offensive noise, vibration, smoke, dust, odors, heat, glare, fumes, electrical or radio interference shall be produced that is detectable by neighboring residents.
(7)
The use does not require any increased or enhanced electrical or water supply.
(8)
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(9)
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.
(10)
All vehicular traffic to and from the home office shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
M.
Industrial District (IP and I-1) general regulations.
(1)
There shall be at least one trash and garbage pickup location provided for each building, which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area, provided that the container in no way interferes with or restricts loading and unloading functions.
(2)
All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
N.
Rooming house and boardinghouse. Rooming house and boardinghouse uses are not permitted within the City.
O.
Body art establishments are prohibited in the OS-1 and TC-2 Zoning Districts and all residential and industrial districts where "barber and beautician" establishments are either prohibited or conditionally permitted as a home occupation use, per § 207-71L, accessory to a residential use for public welfare purposes.
[Amended 5-14-2024 by Ord. No. 14-2024]
P.
Cannabis industries.
[Added 7-13-2021 by Ord. No. 17-2021]
(1)
The requirements of this subsection are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this subsection is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall govern.
(2)
Prior to the operation of any cannabis industries in the City of Burlington, a license for such use must be obtained from the State of New Jersey and from the City of Burlington.
(3)
Unless otherwise authorized by the State of New Jersey pursuant to a license issued by the State of New Jersey based upon population and other applicable state standards and requirements, no more than three Class 5 cannabis retailers, one Class 1 cannabis cultivator facility, one Class 2 cannabis manufacturer/processor/packager, and two Class 3 cannabis wholesale distributors/transporters are to be licensed to operate within the City of Burlington.
[Amended 3-7-2023 by Ord. No. 03-2023]
(4)
Site plan approval must be obtained from the City of Burlington Land Use Board and a certificate of zoning compliance must be issued by the Zoning Officer. To protect the public health, safety, and general welfare, and to prevent economic stagnation, site plan approval for a business defined as being one of the cannabis industries shall expire after the period of vested rights as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D et seq.) unless extended by approval of the Land Use Board. The certificate of zoning compliance issued by the Zoning Officer shall expire one year after the date of issuance if an application for licensure has not been submitted to the City's licensing authority.
(6)
Performance standards.
(a)
General. Standards and guidelines set forth in this section shall supersede other requirements of the zone district in which the Cannabis Industries is to be located to the extent they are inconsistent with the requirements for Cannabis Industries as set forth herein. Where bulk regulations, parking requirements, or other provisions of the Zoning Code are not specifically stated, the underlying Zoning standards and guidelines shall prevail.
(b)
Odors. Cannabis industries shall have sufficient ventilation and equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises.
(c)
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
(d)
Security. All cannabis industries facilities shall be secured and shall have full-time security protocols. Security protocols shall be submitted to the Burlington City Police Department for compliance review with all safety and security standards established by the State of New Jersey for cannabis industries. The Burlington City Police Department may, at their discretion and upon review of the proposed location, recommend or require additional safety and security measures.
(e)
Compliance with other codes. All cannabis industries shall comply with all zoning, health, building, fire and other codes and ordinances of the City as applicable.
(f)
Cannabis industries licensing. Application and license fees for cannabis industries facilities are as follows:
[1]
Criminal background check fee, per person checked: actual costs.
[2]
Transfer of ownership: $100 plus cost of background checks required in Subsection P(6)(f)[1].
[3]
Letter or resolution of municipal support of cannabis license from the New Jersey Cannabis Regulatory Commission fee: $500.
[Added 3-7-2023 by Ord. No. 03-2023]