Delanco City Zoning Code
ARTICLE III
General Regulations
§ 110-7 Enforcement officers.
A.
The Zoning Officer shall administer and enforce the zoning provisions of this chapter and shall be responsible for issuing zoning permits. No zoning permit shall be issued unless the proposal complies with this chapter. A zoning permit shall be issued prior to the issuance of a construction permit by the Construction Official. No zoning permit shall be issued nor application under this chapter be deemed complete, when the property that is the subject of the permit or application is subject to the covenants and restrictions of a homeowners' association, without first obtaining written approval from the association permitting those improvements which require zoning approval.
[Amended 12-5-2022 by Ord. No. 2022-13]
B.
No certificate of occupancy for a new use of an existing structure shall be issued unless there is an approved zoning permit. All changes in occupancy of an existing structure which do not involve residential uses shall require a zoning permit which shall certify that the use complies with zoning laws of the Township. Prior to the issuance of a zoning permit for a change in occupancy, the Construction Official shall issue a certificate of continued occupancy which certifies that the building, structure and premises conform with the Uniform Construction Code of the State of New Jersey.
C.
It shall be the duty of the Zoning Officer, with the advice of the Township Engineer or Joint Land Use Board Engineer, to enforce the provisions of subdivision and site plan approvals.
D.
A zoning permit shall be issued or denied within 10 days of the date of a complete submission, and the work shall be commenced within one year after the issuance of the permit as provided in this chapter; otherwise, the permit shall be void.
§ 110-8 Prohibited uses.
A.
No building or structure may be erected, altered or used, and no lot or premises may be used, for any use which is likely to create conditions of hazards, smoke, fumes, noise, odor or dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such fire-safety conditions as are approved by the Fire Official. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed use, facility or operations shall not:
(1)
Constitute a public nuisance beyond the boundary of the site on which the use is located, by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or glare.
(5)
Result in electrical disturbances in nearby residences.
(6)
Contribute to the pollution of waters.
(7)
Create an objectionable traffic condition on the street or in an adjacent area.
(8)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
All uses not expressly permitted in this chapter are prohibited.
C.
The following uses are expressly prohibited:
(1)
Junkyards and junk business or automobile junkyards or wrecking yards.
(2)
Sanitary landfills, garbage dumps, refuse dumps, disposal sites for solid and liquid materials and dumps for hazardous wastes.
(3)
Acetylene manufacture or warehouse storage.
(4)
Asphalt or coal tar manufacture or refining.
(5)
Creosote manufacture or treatment.
(6)
Celluloid manufacture or storage or rubber manufacture.
(7)
Fat rendering, soap, tallow, grease or lard manufacture or refining.
(8)
Abattoir or stockyards.
(9)
Animal black, lamp black or bone black manufacture.
(10)
Crematory.
(11)
Oilcloth or linoleum manufacture.
(12)
Potash works.
(13)
Gas manufacture or storage in excess of 10,000 cubic feet.
(14)
Match manufacture.
(16)
Tar distillation or manufacture.
(17)
Petroleum refining or processing.
(18)
Storage of gasoline or petroleum products in excess of 10,000 gallons above ground.
(19)
Fertilizer manufacture.
(20)
Explosive manufacture or storage, including, but not limited to, gunpowder, fireworks, etc.
(21)
Manufacture or warehouse storage of combustible, inflammable or volatile materials; those uses which may be noxious or offensive by reason of the emission of odor, gas, smoke, dust, vibration or noise; and those uses which constitute an unusual fire or explosive hazard.
(22)
The keeping or maintaining of poultry, pigeons and livestock, except dogs and cats, is prohibited, with the limitation of not more than two adult cats and/or dogs.
(23)
Storage or use of motor vehicle, trailer or other type of vehicle for residential or commercial purposes on vacant lot or unoccupied lot or portion thereof, except temporarily (15 days) on a lot used for temporary parking of automobiles.
(24)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[2] are specifically prohibited. However, the delivery of cannabis items and related supplies by a delivery service shall be permitted, as required by state law.
[Added 6-14-2021 by Ord. No. 2021-11]
[2]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 110-9 Nonconforming uses, buildings and structures.
A.
The lawful use of land existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
B.
The lawful use of a building or structure existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
C.
Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use or revert to its former nonconforming use.
D.
A nonconforming use of a building or land, which has been abandoned, shall not thereafter be revived. A rebuttable presumption of intention to abandon a nonconforming use shall arise whenever any of the following circumstances are found to exist:
[Amended 5-2-2011 by Ord. No. 2011-14]
(1)
The owner has made representations in any public forum that the (nonconforming) use of the property has been abandoned; or
(2)
The intent to abandon is manifested by the conduct and/or statements of the owner AND is evidenced by an external act or omissions to act, which is consistent with such intent and contrary to any interest in preserving or continuing the nonconformance; or
(3)
The property is vacant and is not the subject of any current development approvals and has been vacant and substantially unused and inactive for a period of 12 months or more; AND the cessation of operation or occupancy of any nonconforming use shall be deemed to begin with the date of lapse of a municipal business license issued per Chapter 205 or a comparable event; or
(4)
The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts show intention to resume the nonconforming use; or
(5)
Such nonconforming use has been replaced by a conforming use.
E.
Whenever a nonconforming building or structure has been totally destroyed, it shall not be rebuilt, and a building or structure conforming to this chapter shall be built.
F.
Lots existing at the time of the adoption of this ordinance on the Township of Delanco Tax Map, the owner of which owned no adjacent lots, and located within zoning districts where detached single-family dwellings, single-family semidetached, duplex and two-family dwellings are a permitted principal use, shall be deemed to be conforming in terms of lot width, lot frontage, lot area, and lot depth for detached single-family use. Compliance with all other applicable zoning requirements and design standards pertaining to the single-family use shall be required.
[Added 12-18-2006 by Ord. No. 2006-25; amended 6-11-2012 by Ord. No. 2012-6]
G.
Expansion of nonconforming buildings. Residential structures on lots shown on the Township of Delanco Tax Map on the adoption date of this subsection which have become nonconforming by virtue of the adoption of more stringent area, setback, yard or height limitations, may be enlarged, expanded or modified without the need for variance relief under the following circumstances:
[Added 5-2-2011 by Ord. No. 2011-14]
H.
Certificate of nonconformity. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the board of adjustment. (See N.J.S.A. 40:55D-68.)
[Added 5-2-2011 by Ord. No. 2011-14]
§ 110-10 Conditional uses.
The following uses shall be conditionally permitted when all specific requirements for each respective conditional use set forth herein have been met:
A.
Apartments over the first floor of commercial establishments, offices and facilities permitted as principal uses in the C-1and C-2 Zoning Districts.
(1)
As an incentive for developers and landlords to create and rehabilitate apartments over nonresidential uses permitted as principal uses in the C-1 and C-2 Zoning Districts, the creation of additional apartments over such nonresidential uses shall be permitted, provided: that the newly created apartment units are affordable and have affordability controls established pursuant to N.J.A.C. 5:93-1 et seq.; the existing market rate apartment units are rehabilitated to satisfy BOCA National Existing Structures Code and that all apartment units meet the following minimum floor area requirements:
(a)
Studio units shall have a minimum livable floor area of 500 square feet.
(b)
One-bedroom units shall have a minimum livable floor area of 600 square feet.
(c)
Two-bedroom units shall have a minimum livable floor area of 700 square feet.
(d)
Three-bedroom units shall have a minimum livable floor area of 800 square feet.
(2)
New apartment units created in existing buildings over first floor nonresidential principal uses permitted in the C-1 and C-2 Zoning Districts where apartments do not currently exist shall conform to the minimum floor area requirements set forth in § 110-10A(1)(a) through (d).
(3)
New apartment units created in new buildings over first floor nonresidential principal uses permitted in the C-1 and C-2 Zoning Districts shall conform to the minimum floor area requirements set forth in § 110-10A(1)(a) through (d).
(4)
Apartment units shall have an entrance separate from the entrance to the first floor nonresidential principal use.
B.
Automobile and truck leasing facilities in the I-1, I-2, or I-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11; 8-7-2023 by Ord. No. 2023-11]
(1)
All parking and loading requirements provided in § 110-14 shall be required for automobile and truck leasing facilities.
(2)
No major repairs of vehicles, including but not limited to rebuilding engines and transmissions, body work and painting, repairs to correct collision damage and other similar repairs and work, shall be permitted on site; regular maintenance and minor repairs shall be permitted on site.
C.
Automobile service stations and automotive repair services and garages in the C-1, C-2, I-1, or I-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11; 8-7-2023 by Ord. No. 2023-11]
(1)
Minimum lot area shall be 10,000 square feet.
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum lot depth shall be 100 feet.
(7)
Maximum building and structure height shall be 25 feet and 1 1/2 stories.
(8)
Maximum lot coverage shall be 70%.
(9)
Maximum building coverage shall be 30% of the lot.
(10)
Vehicles waiting to be serviced shall be parked in the side and rear yards. No wrecked or inoperable vehicles shall be stored on site.
(11)
Minimum landscape buffer areas:
(a)
Along side and rear yards abutting residential zoning districts and uses shall be 15 feet in width and shall have a solid six-foot high fence ending 20 feet from the street line.
(b)
Along side and rear yards abutting nonresidential zoning districts and uses shall be 10 feet in width.
(c)
Along the street line shall be 5 feet in width and shall consist of plant material that is maintained at a height no greater than 3 feet.
(12)
Minimum on-site parking. Two parking spaces, either within or without the building or structure, for each 200 square feet of floor area devoted to repair or service facilities; one parking space for each employee during peak shift; and at least five parking spaces for parking vehicles waiting to be serviced.
(13)
Minimum on-site loading. Adequate space shall be provided on site for the off-loading of fuels from a delivery truck to on-site storage tanks.
(14)
Canopies over fuel dispensing islands are expressly prohibited.
D.
Automobile wash in the I-1, I-2, or I-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11; 8-7-2023 by Ord. No. 2023-11]
(1)
Minimum lot area shall be 40,000 square feet.
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum lot depth shall be 200 feet.
(4)
Minimum front yard setback to buildings and structures shall be 50 feet.
(5)
Minimum side yard setback to buildings and structures shall be 30 feet.
(6)
Minimum rear yard setback to buildings and structures shall be 50 feet.
(7)
Maximum building and structure height shall be 25 feet and 1 1/2 stories.
(8)
Maximum lot coverage shall be 70%.
(9)
No wrecked or inoperable vehicles shall be stored on site.
(11)
Minimum on-site parking. One parking space for each employee during peak shift and one parking space per outdoor vacuuming station.
(12)
Minimum stacking. At least 20 spaces per lane shall be provided for each automated washing bay, and at least 10 spaces per lane shall be provided for each self-service washing bay.
(13)
Water, detergents or liquids used in the washing of automobiles shall be contained within the automobile wash buildings and structures and shall not be permitted to enter into the stormwater management system.
E.
Bed-and-breakfasts in the R-1 Zoning District.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be 20,000 square feet.
(2)
Minimum lot width shall be 100 feet.
(3)
Minimum lot depth shall be 200 feet.
(4)
Minimum yard setbacks shall comply with those provided for the R-1 Zoning District.
(5)
Maximum lot coverage shall be 65%.
(6)
Bed-and-breakfasts shall be permitted only in existing dwellings and structures. Additions of no more than 25% of the gross floor area of existing dwellings and structures shall be permitted as part of a bed-and-breakfast facility.
(7)
No more than 10 bedrooms shall be utilized as guest bedrooms.
(8)
No more than one family unit or two individuals shall be lodged in any one room.
(9)
No guest shall reside at a bed-and-breakfast establishment for more than 14 days within any thirty-day period.
(10)
An operator of bed-and-breakfasts shall be the owner of the facility, and the premises on which the facility is located shall be the principal domicile of the owner.
(11)
The preparation and serving of food for guests shall be limited to breakfast and an afternoon tea or service of light refreshments and beverages. No patrons may be served food other than registered guests of the bed-and-breakfast establishment.
(12)
Deliveries to bed-and-breakfasts shall occur between the hours of 9:00 a.m. and 5:00 p.m. from Monday through Saturday.
(13)
Bed-and-breakfasts shall be used strictly for renting rooms to guests and not for renting as an apartment.
(14)
In addition to providing two off-street parking spaces for the residents of the dwelling, one off-street parking space shall be provided for each bedroom rented to patrons.
(15)
Minimum landscape buffer areas along side and rear yards abutting residential uses shall be five feet in width.
F.
Body shops in the I-1, I-2, or I-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11; 8-7-2023 by Ord. No. 2023-11]
(1)
Minimum lot area shall be 20,000 square feet.
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum lot depth shall be 100 feet.
(4)
Minimum front yard setback to buildings and structures shall be 25 feet.
(7)
Maximum building and structure height shall be 35 feet and 2 1/2 stories.
(8)
Maximum lot coverage shall be 80%.
(9)
Vehicles waiting to be serviced shall be parked in the side and rear yards.
(10)
No body repairs to and painting of vehicles shall occur outdoors.
(12)
Minimum on-site parking. One parking space for each employee during peak shift and five parking spaces for each repair bay.
G.
Cellular communications towers and antennas facilities.
[Amended 5-16-2005 by Ord. No. 2005-11; 11-13-2006 by Ord. No. 2006-13]
(1)
Definition. For the purposes of this section, "cellular communications facilities" shall mean any towers, poles, cables, lines, equipment, antenna, shelters, buildings and related structures designed and installed for the transmission of wireless telecommunications and related services.
(2)
Restricted to I-2 and I-3 Industrial Zones. Cellular communications facilities shall be a permitted conditional use in the I-2 Zoning District, in accord with the conditions listed hereafter. Cellular communications facilities shall be prohibited in all other zones. Cellular communications facilities shall meet the following conditions:
[Amended 8-7-2023 by Ord. No. 2023-11]
(a)
Minimum lot size. The minimum lot size for the accommodation of cellular communications facilities as a conditional use under this section shall be two acres.
(b)
Setbacks. Minimum setback for microwave and cellular communications tower facilities and antenna to property line abutting residential zones and uses shall be 100 feet or the height of the tower, whichever is greater. Minimum setback for microwave and cellular communications facilities to property line abutting any other zone or use shall be 50 feet.
(c)
Height. The antenna and any supporting structure shall not exceed 200 feet in height.
(3)
Cellular communications facilities shall meet the following design requirements:
(a)
Landscape buffer. Abutting residential zoning districts and uses shall require a minimum landscape buffer on the property containing the cellular communications facilities with a width shall be of no less than 20 feet, shall extend along the entire length of the property lines abutting residential zoning districts and uses. On properties that do not abut a residential zoning district, cellular communications facilities shall have sufficient plantings on all sides of the fencing at the base of the facilities to buffer the site from neighboring properties and the street. Landscape buffers required under this section shall be designed and installed pursuant to § 110-15.
(b)
Fencing and security. Microwave and cellular communications tower and antenna facilities sites shall be secured with an eight-foot-high chain link fence that is coated with black vinyl and locked gate to which the Township Police Department shall be given access, i.e., keys, electronic passes, etc., for emergency purposes.
(c)
Coloring and design. Microwave and cellular communications tower and antenna facilities sites shall be designed and colored to blend into the skyline as reasonably as possible. Where technically feasible, monopole design will be required over lattice tower design.
(d)
Signs and advertising. No advertising is permitted on a telecommunications tower or accompanying facilities. Only signs for warning or equipment information shall be permitted on any portion of a tower or equipment building.
(4)
Co-location. Any applicant proposing to place a tower or related cellular communications facilities within the Township of Delanco must seek first to co-locate its proposed antenna and related improvements on structurally sufficient, preexisting, towers within the I-2 Zoning District.
(5)
Abandonment. Any cellular communications facilities that are not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its costs. The owner of a cellular communications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove such tower and/or antenna and file a lien against the property to cover the costs of same. Any approval for a cellular, communications facility shall require and be conditioned upon the posting of a bond with the Township to cover 120% of the estimated cost of the removal of the facility in the event of abandonment.
H.
Check cashing facilities in the C-1, C-2 or C-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be 20,000 square feet.
(2)
Minimum lot width shall be 100 feet.
(3)
Minimum lot depth shall be 200 feet.
(4)
Minimum yard requirements shall conform to those established for the I-2 Zoning District.
(5)
Maximum height shall be 35 feet and 2 1/2 stories for principal buildings and structures and 15 feet and one story for accessory buildings and structures.
(6)
Maximum lot coverage shall be 70%.
(8)
Minimum on-site parking. One parking space per 200 square feet of gross floor area.
I.
Churches and other places of worship.
(1)
Churches and other places of worship in R-1, R-1-30, R-2, R-3, R-4 and C-2 Zoning Districts.
[Amended 5-2-2011 by Ord. No. 2011-17]
(a)
Minimum lot area should be over one acre.
(b)
Minimum lot width shall be 200 feet.
(c)
Minimum front yard setback of 35 feet.
(d)
Minimum side yard shall be 20 feet; 40 feet for both side yards combined.
(e)
Minimum rear yard of 25 feet.
(f)
Maximum building and structure height shall be 2 1/2 stories and 35 feet, excluding church spires and belfries.
(g)
Maximum lot coverage shall be 70%.
(h)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use.
(2)
Churches and places of worship in C-3 zoning jurisdictions:
(a)
Minimum lot area shall be two acres.
(b)
Minimum lot width shall be 400 feet.
(c)
Minimum front yard shall be 50 feet.
(d)
Minimum side yard shall be 50 feet.
(e)
Minimum rear yard shall be 50 feet.
(f)
Maximum building and structure height shall be 2 1/2 stories and 35 feet, excluding church spires and belfries.
(g)
Maximum lot coverage shall be 50%.
(h)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use.
J.
Construction contractor storage yards, offices and shops. Registered truck, trailer or motor vehicle storage yards for commercial purposes accessory to a permitted use in the I-1, I-2, and I-3 Zones.
[Amended 3-7-2005 by Ord. No. 2005-5; 5-16-2005 by Ord. No. 2005-11; 8-7-2023 by Ord. No. 2023-11]
(1)
Minimum lot area shall be 80,000 square feet
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum lot depth shall be 300 feet.
(7)
The ratio of building area to outdoor storage area shall be a minimum of 30% building area to 70% outdoor storage area of the total gross area of the site.
(8)
No stored good or vehicle may exceed a height of 15 feet.
(9)
Any and all loose material, including soil, stone, mulch or other natural or man-made material, shall be fully contained by walls and shall only be permitted in the rear yard area.
(10)
All construction contractor storage yards and areas shall be fully enclosed by a solid, visually impenetrable eight-foot-high fence and gate.
(12)
Maximum lot coverage shall be 60%.
(13)
Outdoor storage yards and areas shall be paved with concrete or bituminous concrete which shall drain to an oil separator/grease trap, sediment trap and stormwater management system designed pursuant to New Jersey Department of Environmental Protection stormwater management rules.
(14)
Minimum on-site parking: one parking space for each employee at peak shift.
(15)
Minimum on-site loading: one loading space per 25,000 square feet of building area and outdoor storage area.
(16)
All outdoor storage areas are to be identified and labeled on the site plan, including illustration of truck turning radius, equipment storage, registered trailer or vehicle storage, material storage and any and all other storage proposed for the site.
K.
Funeral homes in the C-2 or C-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be 20,000 square feet.
(2)
Minimum lot width shall be 100 feet.
(3)
Minimum front yard shall be 25 feet.
(4)
Minimum side yard shall be 15 feet.
(5)
Minimum rear yard shall be 25 feet.
(6)
Maximum building and structure height shall be 2 1/2 stories and 35 feet.
(7)
Maximum lot coverage shall be 80%.
(8)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use or 10 spaces per viewing room or chapel, whichever is less.
[Amended 5-2-2011 by Ord. No. 2011-17]
M.
Home occupations in any zoning district.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Home occupations shall be conducted solely by resident occupants of the lot, except that no more than one person not a resident of the building may be employed on the premises at any one time.
(2)
Home occupations shall be limited to not more than 30% of the total livable floor area of the dwelling unit in which the home occupation is to be situated. The home occupation shall be subordinate and incidental to the principal residential use. In the case of the home occupation being conducted in an accessory structure, the maximum area occupied by the home occupation in such an accessory structure shall be limited to 500 square feet of the floor area of the accessory structure.
(3)
Home occupational uses.
(a)
Professional services rendered by attorneys, accountants, bookkeepers, architects, engineers, planners, financial advisors, management consultants, computer consultants and insurance agents.
(b)
Medical and health services rendered by doctors, dentists, physical therapists, psychiatrists, psychologists, speech therapists, chiropractors and licensed massage therapists.
(c)
Personal services rendered by barbers, hairdressers, tailors, and photographers.
[Amended 5-2-2011 by Ord. No. 2011-17]
(4)
No display of products shall be visible from the street.
(5)
The residential character of the neighborhood and dwelling unit shall not be changed.
(6)
Signage shall comply with § 110-17C(1)(b).
(7)
Vehicles used in conjunction with the home occupation shall not exceed the size of a one-ton truck or van.
(8)
Home occupations shall not generate light, smoke, glare, noise and vibrations that are obnoxious and become a nuisance to residential neighbors. No machinery or equipment shall be used that will cause interference with radio, television and satellite reception and other forms of electronic communications in neighboring residences.
(9)
Hours during which the nonresident employee works on the premises and patrons visit the premises shall be limited to 8:00 a.m. to 5:00 p.m. from Monday through Friday, except for day-care facilities hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. from Monday through Friday.
(10)
The home occupation shall be conducted entirely within either the dwelling or accessory building.
(12)
The home occupation shall not reduce the area, yard and bulk requirements for the principal residential use.
N.
Hospitals and health care facilities in the C-3 Zoning District.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be five acres.
(2)
Minimum lot width shall be 500 feet.
(3)
Minimum lot depth shall be 500 feet.
(4)
Minimum front yard shall be 50 feet.
(5)
Minimum side yards shall be 50 feet.
(6)
Minimum rear yard shall be 50 feet.
(7)
Maximum building and structure height shall be four stories and 65 feet.
(8)
Maximum lot coverage shall be 65%.
(9)
Minimum on-site parking. One and one-half spaces per bed.
(10)
Minimum on-site loading. One loading space per facility.
(12)
Off-street parking. One space per employee at peak shift and one space per 100 square feet of gross floor area, and in the case of outdoor facilities, one space per 100 square feet of area in which patrons use.
O.
Laundromats in the C-2 or C-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be 20,000 square feet.
(2)
Minimum lot width shall be 100 feet.
(3)
Minimum lot depth shall be 200 feet.
(4)
Minimum yard requirements shall conform to those established for the C-2 Zoning District.
(5)
Maximum height shall be 35 feet and 2 1/2 stories for principal buildings and structures and 15 feet and one story for accessory buildings and structures.
(6)
Maximum lot coverage shall be 70%.
(8)
Minimum on-site parking. One parking space per 200 square feet of gross floor area.
P.
Marinas and marine-related facilities shall be permitted in the R-4, R-6, I-1, LDR/OS-3 and LDR/OS-5 Districts in accordance with the following standards:
[Amended 5-16-2005 by Ord. No. 2005-11; 5-2-2011 by Ord. No. 2011-16]
(1)
Marina and marine-related facilities shall be permitted alone or in combination with each other, provided that a minimum of four of the following services are provided as follows:
(a)
Marina and fishing pier.
(b)
Boat storage on trailers.
(c)
Boat maintenance.
(d)
Retail marina and repair shops.
(e)
Boat launches.
(f)
Marina-related administrative offices.
(g)
Boat-fueling areas.
(h)
Restaurants (both eat-in and consumption out-of-doors or outside of the confines of the restaurant to encourage physical connection to the water).
(2)
Two single-family residential dwellings located within the marina parcel shall be permitted if they do not exceed 3,000 square feet each.
(3)
One accessory apartment located within the marina parcel for the use of caretakers or employees shall be permitted if it does not exceed 900 square feet.
(4)
Area and bulk regulations. The area and bulk regulations for R-6 and LDR/OS-3 Zoning Districts, unless otherwise indicated below, shall be in accordance with the requirements set forth in this section:
(a)
Minimum lot area or assemblage of lots, not including public streets, shall be three acres.
(b)
Shall be within or immediately adjacent to the LDR/OS or M/OS zoning district.
(c)
Minimum front yard shall be five feet for R-6 Zoning District and 25 feet for LDR/OS-3 and LDR/OS-5 Zoning Districts.
(d)
Minimum side yards shall be 15 feet for R-6 Zoning District and 30 feet for LDR/OS-3 and LDR/OS-5 Zoning Districts.
(e)
Minimum rear yards may be zero subject to state and federal environmental regulations.
(f)
Maximum impervious coverage shall be 70%.
(g)
Maximum building lot coverage shall be 30%.
(i)
Boat fuel storage containers in excess of 2,000 gallons shall be located a minimum of 30 feet from all property lines.
(j)
No outdoor restaurant seating areas may be located within 30 feet of a residential property line.
(k)
Boats may be stored upon racks where the topmost portion of any rack or boat, whichever is higher, shall not exceed 28 feet in height. No boats upon racks shall be located within 50 feet of a residential property line.
Q.
New and used automobile and truck sales and dealerships in the C-3, I-1, I-2, or I-3 Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11; 8-7-2023 by Ord. No. 2023-11]
(1)
Minimum lot area shall be 40,000 square feet.
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum lot depth shall be 200 feet.
(7)
Maximum building and structure height shall be 35 feet and/or 2 1/2 stories.
(8)
Maximum lot coverage shall be 80%.
(9)
No wrecked or inoperable vehicles shall be stored on site.
(10)
Minimum landscape buffer areas:
(a)
Along side and rear yards abutting residential zoning districts and uses shall be 15 feet in width and shall have a solid six-foot high fence ending 20 feet from the street line.
(b)
Along side and rear yards abutting nonresidential zoning districts and uses shall be 10 feet in width.
(c)
Along the street line shall be five feet in width and shall consist of plant material that is maintained at a height no greater than three feet.
(11)
Minimum on-site parking. One parking space for each employee during peak shift; one parking space per 300 square feet of building floor area; and one parking space per 20 outdoor vehicle display spaces.
(12)
Minimum on-site loading. One loading space for the first 10,000 square feet of gross floor area; one additional loading space for gross floor area in excess of 10,000 square feet up to 40,000 square feet; and one additional loading space for gross floor area in excess of 40,000 square feet.
R.
Nonprofit organizations, including eleemosynary, philanthropic, social, charitable and similar types of uses and organizations in the C-1, C-2 and C-3 Zoning Districts:
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area should be 125,000 square feet.
(2)
Minimum lot width shall be 250 feet.
(3)
Minimum lot front shall be 250 feet.
(4)
Minimum lot depth shall be 300 feet.
(5)
Maximum building lot coverage shall be 25%.
(6)
Minimum landscaped area shall be 25% of the lot, including buffers to neighboring residences.
(7)
Minimum front yard setback of 50 feet.
(8)
Minimum side yard shall be 40 feet, 80 feet for both yards combined.
(9)
Minimum rear yard of 50 feet.
(10)
Minimum width of a landscape buffer along side and rear property lines consisting of coniferous trees planted in two staggered rows 15 feet on center should be 30 feet. An easement shall be created to preserve the landscaped buffer.
(11)
Off-street parking. One parking space per 60 square feet of floor space devoted to patron use.
S.
Long-term care facility, assisted living and congregate care facilities in the C-3 Zoning District.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Nursing homes, convalescent centers, assisted living and congregate care facilities and age-restricted housing.
(a)
Minimum lot area shall be 40,000 square feet.
(b)
Minimum lot width shall be 200 feet.
(c)
Minimum lot depth shall be 200 feet.
(d)
Minimum front yard shall be the same as required for the zoning district in which the lot is located.
(e)
Minimum side yard shall be the same as required for the zoning district in which the lot is located.
(f)
Minimum rear yard shall be the same as required for the zoning district in which the lot is located.
(g)
Maximum building and structure height shall be 40 feet and three stories.
(h)
Maximum lot coverage shall be 65%.
(i)
Minimum on-site parking. One parking space per 1 1/2 beds.
(j)
Minimum on-site loading. One loading space per facility.
(2)
Assisted living and congregate care facilities.
(a)
Minimum lot area shall be 40,000 square feet.
(b)
Minimum lot width shall be 200 feet.
(c)
Minimum lot depth shall be 200 feet.
(d)
Minimum front yard shall be the same as required for the zoning district in which the lot is located.
(e)
Minimum side yard shall be the same as required for the zoning district in which the lot is located.
(f)
Minimum rear yard shall be the same as required for the zoning district in which the lot is located.
(g)
Maximum building and structure height shall be 40 feet and three stories.
(h)
Maximum building lot coverage shall not exceed 40%.
(i)
Maximum impervious surface shall not exceed 50%.
(j)
Maximum floor-area-ratio (FAR) shall be .56 to 1.0
(k)
Minimum on-site parking shall be .5 parking spaces per bed.
(l)
Minimum on-site loading. One loading space per facility.
T.
Quasi-public buildings in all commercial zoning districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be 20,000 square feet.
(2)
Minimum lot width shall be 100 feet.
(3)
Minimum front yard shall be the same as required for the zoning district in which the lot is located.
(4)
Minimum side yard shall be 10 feet.
(5)
Minimum rear yard shall be 25 feet.
(6)
Maximum building and structure height shall be 2 1/2 stories and 35 feet.
(7)
Maximum lot coverage shall be 80%.
(8)
Off-street parking. One parking space per 60 square feet of floor devoted to patron use.
U.
Recreation areas in all zoning districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum landscape buffer area adjacent to residential zoning districts or residential use shall be 25 feet wide.
V.
Schools, for-profit and not-for-profit in the R-4 Zoning District and all commercial and industrial zoning districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be 60,000 square feet.
(2)
Minimum lot width shall be 200 feet.
(3)
Minimum lot depth shall be 300 feet.
(4)
Minimum front yard setback to buildings and structures shall be 35 feet.
(5)
Minimum side yard setback to buildings and structures shall be 25 feet.
(6)
Minimum rear yard setback to buildings and structures shall be 35 feet.
(7)
Maximum lot coverage shall be 80%.
(8)
Minimum on-site parking. One and one-half spaces per classroom.
(9)
Minimum on-site loading. One space per facility.
W.
Sexually oriented businesses, massage parlors, tattoo parlors and body piercing facilities in the I-2 Zoning District.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be five acres.
(2)
Minimum lot width shall be 400 feet.
(3)
Minimum lot depth shall be 400 feet.
(4)
Minimum front yard setback to buildings and structures shall be 100 feet.
(5)
Minimum side yard setback to buildings and structures shall be 100 feet.
(6)
Minimum rear yard setback to buildings and structures shall be 100 feet.
(7)
Maximum lot coverage shall be 50%.
(9)
Minimum on-site parking shall be one parking space per 100 square feet of customer service area and one parking space for each employee during peak shift.
(10)
Minimum on-site loading. One loading area per 10,000 square feet of gross floor area.
(11)
No sexually oriented business, massage parlor, tattoo parlor or body piercing facility shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
(12)
Minimum distance from property boundary for said conditional uses to a property line of a residential area or to any place of public recreation, any school or school bus stop, any municipal or county playground or any area zoned residential shall be 1,000 feet.
X.
Townhouses in the PRD-V, PRD-AH and WFD-AH Zoning Districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum lot area shall be 20,000 square feet for townhouses sharing a common lot or prior to being subdivided into lots for individual dwelling units.
(2)
Minimum lot width shall be 200 feet for townhouses sharing a common lot or prior to being subdivided into lots for individual dwelling units.
(3)
Minimum lot depth shall be 100 feet.
(4)
Minimum front yard for principal buildings shall be 25 feet.
(5)
Minimum side yard for end dwelling units in principal buildings shall be six feet.
(6)
Minimum rear yard for principal buildings shall be 25 feet.
(8)
Maximum building height for principal buildings shall be 35 feet and 2 1/2 stories.
(9)
Maximum building height for accessory buildings and structures shall be 15 feet and one story.
(10)
Maximum number of dwelling units in each townhouse building shall be eight.
Y.
Utility structures and facilities in all zoning districts.
[Amended 5-16-2005 by Ord. No. 2005-11]
(1)
Minimum side and rear yards:
Z.
Limited industrial uses in the R-6 Zone on Block 1405, Lots 1 and 6; and Block 1411, Lots 1, 1.01 and 2 shall comply with the following additional standards:
[Added 5-2-2011 by Ord. No. 2011-15]
AA.
Behavioral health care facility and residential medical detoxification center.
[Added 3-5-2018 by Ord. No. 2018-6]
(1)
The minimum lot area shall be three acres.
(2)
The maximum number of patients served at the location of the facility shall not exceed 50 persons.
(3)
The use shall not be combined with a single-family detached, manufacturing, or industrial use.
(4)
The use shall be located 200 feet from residential zones; public parks and recreation; and private recreation and entertainment facilities, such as, but not limited to, skating facilities.
(5)
Off-street parking shall be provided pursuant to § 110-14; sufficient space shall be provided for patient pickup and dropoff by vehicles, ambulances, transportation services and vans.
(6)
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all lots:
(a)
Behavioral health care facility and residential medical detoxification center.
[1]
Lot size minimum: three acres.
[2]
Minimum lot frontage: 200 feet.
[3]
Minimum lot width: 200 feet.
[4]
Minimum lot depth: 300 feet.
[5]
Minimum front yard: 50 feet.
[6]
Minimum side yard: 50 feet.
[7]
Minimum rear yard: 50 feet.
[9]
Maximum impervious surface ratio: 0.30.
[10]
Maximum height: 35 feet.
§ 110-10.1 Family day-care home.
[Added 5-2-2011 by Ord. No. 2011-17]
Family day-care home shall be a permitted use in all residential zoning districts in the Township, provided that there are no outward indications of the family day-care use, in which case the use shall be treated as a home occupation as regulated herein.
§ 110-11 Agricultural uses.
In any district, those areas undeveloped or unimproved may be used for agricultural purposes until such time as such areas are developed or improved, provided that the keeping and maintaining of poultry, pigeons and livestock, except for a combined total of two adult dogs and/or adult cats, is expressly prohibited.
§ 110-12 Accessory uses, buildings and structures.
[Amended 12-18-2006 by Ord. No. 2006-26]
Prior to the construction or placement of an accessory use, building or structure, a zoning permit shall be issued by the Zoning Officer.
A.
Setback. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building.
B.
Number, height and area.
[Amended 12-18-2006 by Ord. No. 2006-26]
(1)
All accessory structures shall be considered as either lot coverage or building coverage, as defined, and outlined in the Schedule of Area and Bulk Requirements.
(2)
Attached or detached private residential garages shall not exceed the building coverage or area of the principal dwelling. There shall be not more than one attached or detached private residential garage pursuant to the following:
Lot Area (square feet) | Maximum Permitted Square Feet of Private Residential Garage | |
|---|---|---|
3,000 to 5,999 | 250 | |
6,000 to 7,499 | 460 | |
7,500 to 9,999 | 650 | |
10,000 to 19,999 | 740 | |
20,000 and greater | 840 |
(3)
Attached and detached private residential garages, as defined, may be designed for a maximum of three vehicles and shall not exceed 35 feet in width by 24 feet in depth.
(4)
Attached or detached private residential garages shall not exceed the building coverage or area of the principal dwelling.
(5)
The maximum height of detached garages and cabanas shall be 15 feet to the peak of the roof measured from grade.
(6)
The maximum height of sheds, gazebos, and pergolas shall be no greater than 12 feet to the peak of the roof, measured from grade.
(7)
Garages, cabanas, and sheds must have a minimum roof pitch of 2:12, a maximum roof pitch of 8:12, or be consistent with the roof pitch of the principal structure.
(8)
It is encouraged that the architectural style, materials, colors, and detailing of those garages, sheds, and cabana structures shall match those of the principal building.
C.
Satellite dish receiving antennas.
(1)
Satellite dish receiving antennas shall be permitted on the ground, located in side or rear yards only, except that rooftop antennas shall be permitted if they are less than three feet in diameter, do not extend above the roofline and are not visible from the street. Such ground antennas shall be set back a minimum of 10 feet from any property line.
(2)
The ground-level satellite dish receiving antennas, its foundation pad and supportive structure shall not exceed a maximum height of six feet above the ground level and shall not exceed a maximum of 12 feet of surface area.
(3)
Screening. The satellite dish receiving antennas shall be screened on all sides from public view by use of opaque fencing to a height not to exceed six feet or shrubbery, or both.
D.
Trailers, campers, recreational vehicles, sea boxes, and temporary storage units and the like are specifically prohibited and shall not be permitted as accessory uses, buildings or structures. Temporary placement of temporary storage units shall be governed by Chapter 259.
[Added 7-13-2020 by Ord. No. 2020-9]
E.
Solar energy systems. Applicable to all solar energy systems, as defined, installations in all districts. If a solar energy system is a major development, as defined (see § 100-42.2) stormwater management is applicable.
[Added 7-17-2023 by Ord. No. 2023-9]
(1)
Tree removal.
(a)
Removing trees to install solar energy technology is discouraged, particularly specimen trees, as defined (see § 238-1). If trees are removed, deceased, or were to be provided as part of any approved site or subdivision plan, then they shall be replaced 1:1 in and around the site or tract.
(b)
Where solar energy systems can be viewed from public rights-of-way or public lands, filtered screening using small upright ornamental trees, low evergreen and deciduous shrubs, berms, and/or fencing is required.
(2)
Roof-mounted or integral to the building solar in all districts. Where roof-mounted solar energy systems are provided, the design of the system is required to conform to applicable state and national codes and the following standards must be met:
(a)
Roof-mounted systems or integral to the building are permitted on a principal building or accessory building.
(b)
Roof-mounted systems must be parallel to an underlying sloped roof, but in no case shall exceed the height of the roof peak in the vertical plane or overhang any eave or extend past any roof edge in the horizontal plane.
(c)
Roof-mounted systems on a flat roof may be angled but only to the extent to achieve maximum solar orientation, but in no case may exceed eight feet in height. These systems may not extend past any roof edge in the horizontal plane.
(d)
A plan must be provided illustrating the location of a required external disconnect switch.
(3)
Single- and two-family residential districts. In the R-1, R-1-30, R-2, R-3, R-4, R-5, R-6, PRD/V, and PRD/AH residential districts, solar energy systems may be roof mounted or integral to the building. Where ground-mounted solar energy systems are provided, the following standards must be met:
(a)
Ground-mounted solar arrays and equipment are not permitted in any front yard but are only permitted within a rear or side yard and must be setback at least five feet from any side or rear property line.
(b)
Ground-mounted solar arrays may not exceed 75% of the dwelling footprint.
(c)
Ground-mounted solar arrays may not exceed eight feet in height.
(d)
Ground-mounted structural supports should be finished in warm muted tones.
(4)
Commercial and multifamily districts.
(a)
In commercial and multifamily residential districts solar energy systems may be roof mounted or integral to the building. In C-1 and C-2 commercial and PD-AH-2 and PD-AH-3 residential districts where ground-mounted solar energy systems are provided, the following standards must be met:
[1]
Ground-mounted solar energy systems and equipment are not permitted in any front yard or required landscape buffer area.
[2]
Ground-mounted solar energy systems and equipment must conform to the principal building setback requirements.
[3]
Ground-mounted solar energy systems are not permitted in any parking row, landscape, or lawn area directly adjacent to any building or between any drive aisle and the building.
[4]
Ground-mounted solar energy systems are not permitted in any drive aisle adjacent to any commercial or multifamily residential structure.
[5]
Ground-mounted structural supports should be finished in warm muted tones.
[6]
If ground-mounted systems employ the use of structural support to the solar arrays over lawn or landscaped area, then the maximum permitted height is eight feet. Shade-tolerant plant materials are required to be planted under these systems, which plantings may include native grasses and wildflowers.
[7]
If ground-mounted systems employ the use of canopies over parking as a structural support to the solar arrays, then the minimum vertical clearance under the canopy shall be 14 feet with a maximum height of 21 feet; and drive aisles maintained at the required width.
(5)
Industrial districts.
(a)
In industrial districts solar energy systems may be roof/mounted or integral to the building. In the I-1 and I-2 industrial districts where ground-mounted solar energy systems are provided, the following standards must be met:
[1]
Ground-mounted solar energy systems are not permitted in any required landscape buffer area.
[2]
Ground-mounted solar energy systems are not permitted in any parking row, landscape, or lawn area directly adjacent to any building or between any drive aisle and the building.
[3]
Ground-mounted solar energy systems are not permitted in any drive aisle adjacent to any industrial structure.
[4]
Ground-mounted structural supports should be finished in warm muted tones.
[5]
If ground-mounted systems employ the use of structural support to the solar arrays over lawn or landscaped area, then the maximum permitted height is eight feet. Shade-tolerant plant materials are required to be planted under these systems, which plantings may include native grasses and wildflowers.
[6]
If ground-mounted systems employ the use of canopies over parking as a structural support to the solar arrays, then the minimum vertical clearance under the canopy shall be 14 feet, with a maximum height of 21 feet; and drive aisles maintained at the required width.
§ 110-13 Fences and walls.
[Amended 6-7-2004 by Ord. No. 2004-9; 4-18-2016 by Ord. No. 2016-3]
No fence, wall or other type of fence-like construction shall be erected, replaced or modified within the Township of Delanco without permits issued in accordance with the provisions below:
A.
Any person or persons, corporation, firm or association intending to erect, replace or modify a fence shall, before any work is commenced, make application to the Zoning Officer and Construction Official on forms provided by the Township. Said applications shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein. The Construction Official shall issue the permit after the Zoning Officer determines that the proposed fence is in conformity with the regulations adopted by the Township. A fence that is part of an approved site plan must comply with the requirements of the site plan and shall be approved by the Zoning Officer without further review for conformity. The permit shall be valid for a period of one year from the date of issuance; said permit shall be available on the job during the progress of work so that it may be inspected by the proper Township officials.
B.
Fees shall be $25 which shall include the cost of the zoning permit and issued fence permit. If the fence permit is not issued for reasons of withdrawal or denial, the $25 fee shall still be collected for the zoning permit.
[Amended 12-19-2022 by Ord. No. 2022-15]
C.
Fences and walls shall be located within the property lines and shall not be located in any required sight triangle, nor shall they be located within any public right-of-way or drainage, utility or conservation easement.
D.
Any fence erected in a front yard shall be placed at least one foot back from any sidewalk, but in no event may it be less than one foot from any property line adjacent to any public street, alley or highway.
E.
This section shall apply to all street frontages and front yards, as defined, on interior and corner lots. This section shall not apply to the reverse frontage of reverse frontage lots and through lots, as defined, where the portion of the lot fronting along said public right-of-way or alley serves as a backyard.
(1)
Fences and walls located along the front lot line and in any front yard, as defined, in residential zoning districts and for residential uses permitted as conditional uses shall not exceed three feet in height.
(2)
Fences located along the front lot line and in any front yard, as defined, shall have a minimum of 50% of their surface area open to permit visible penetration allowing for light and air to pass through.
F.
Fences and walls located along side and rear property lines.
(1)
Fences and walls located along side property lines in residential zoning districts and for residential uses permitted as conditional uses shall not exceed the following limitations:
(a)
From the front lot line to the front building line of the principal residential structure, the fence shall not exceed three feet in height above the finished grade and shall have a minimum of 50% of its surface area open to permit visible penetration allowing for light and air to pass through.
(b)
From the front building line of the principal residential structure to the rear building line of the principal residential structure, the fence shall not exceed four feet in height above the finished grade.
(c)
From the rear building line of the principal residential structure to the rear property line, the fence shall not exceed six feet in height above the finished grade.
(2)
Fences and walls located along rear property lines in residential zoning districts and for residential uses permitted as conditional uses shall not exceed six feet in height above the finished grade.
G.
Fences located on waterfront lots adjacent to a public road or right-of-way are controlled by the following:
(1)
A fence rail height maximum of 3.5 feet is permitted, and a post height maximum of four feet is permitted.
(2)
All fence types will be horizontal rails with large horizontal openings a minimum of nine inches between horizontal rails and a minimum of 55% of open area.
(3)
The following fence types are permitted:
H.
Fences and walls for lots located in commercial and industrial zoning districts shall comply with the provisions set forth in this chapter. However, fences in the industrial zoning districts may provide six-foot fences from the front building line to the rear yard. The maximum height for fences in commercial and industrial zoning districts shall be six feet.
I.
General regulations.
(1)
Applicability. The standards and regulations herein set forth shall apply to all fences and walls hereinafter erected, altered or reconstructed or which are presently existing and are not considered a preexisting nonconforming use under any present or former ordinance of the Township.
(2)
Permits and prior approvals. Residents should be advised that prior approvals from the NJDEP may be required for lots adjacent to the Delaware River or Rancocas Creek.
(3)
Height: the distance measured from the existing grade to the top of the fence.
(4)
Except as provided in Subsection G of this section (Fences located along waterfront lots), fences or walls located within 25 feet of any dedicated street line shall not exceed four feet at the highest point. At least 50% of the entire area of any fence or wall located within 25 feet of any dedicated street line shall be open space, uniformly distributed. In particular this applies to through lots and similar lot configurations.
(5)
Fences and walls, rear yard; height; location. Fences and walls in the rear yard of any property shall be no higher than six feet, except that no six-foot-high fence or wall shall be closer than 40 feet from a right-of-way. In particular this applies to through lots and similar lot configurations.
(6)
Exception. Municipal/government entity recreation facilities and schools are exempt from the requirements.
(7)
Material. No fence or wall shall be fabricated, constructed or built of any material other than vinyl, wood, wire, metal, brick, stone or masonry.
(8)
Prohibited fences and walls. The following fences, fencing materials and walls are specifically prohibited:
(a)
Barbed or razor wire fences.
(b)
Sharp, pointed fences or walls.
(c)
Electrically charged fences.
(d)
Poultry fences.
(e)
Turkey wire.
(f)
Temporary fences, except snow fences for the purpose of controlling snow drifting and construction fencing as required by local, state and federal agencies.
(g)
Expandable fences and collapsible fences, except during construction of a building.
(9)
All chain-link fences erected shall be erected with the closed loop at the top of the fence.
(10)
All entrances or gates shall open into the property.
(11)
All fences must be properly installed, erected, maintained and kept in good repair.
(12)
All fences must be erected with the finished side facing the contiguous property or street.
J.
Powers and duties of the Construction Official or Zoning Officer.
(1)
The Construction Official and/or Zoning Officer, upon completion of the fence, will perform a sight inspection of the fence to ensure that the fence is in compliance with this section. The property owner is entirely responsible for locating the fence within the boundaries of his/her property and will be entirely responsible for certifying its location in case of a dispute with an adjacent property owner.
(2)
The Construction Official and/or Zoning Officer shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, flowers or other vegetation, fences, wall hedge or other structure on private or public property where, after the property owner shall have been afforded notice and an opportunity to be heard, it appears that the same shall interfere with adequate visibility to operators of motor vehicles at street intersections or curbs. Any person, firm or corporation or his/her agent, servant, workman or employee who shall refuse or neglect to comply with the written decision by the Construction Official or Zoning Officer, after such notice and hearing, shall be guilty of a violation of this section and shall be subject to the general penalty provisions contained within the Code of the Township of Delanco.
K.
At the time of the adoption of this ordinance[1] where an existing fence up to six feet in height is forward of the rear line of the main structure, it may be maintained or replaced with a fence of up to six feet in height, provided the fence is at least 10 feet behind a front facade, as defined, not including any open or fully enclosed porch. This shall apply to the section of fencing running from the side of the house to the side property line and the fencing running along the side property line.
[Added 4-12-2021 by Ord. No. 2021-5]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 2021-5, adopted 4-12-2021.
§ 110-14 Off-street parking and loading.
A.
Off-street parking requirements.
(1)
The required parking shall be measured exclusive of interior driving lanes and maneuvering areas. All required parking shall be provided off the street and on site.
(2)
When the computation of the number of required parking spaces results in a fraction, such fractions shall be resolved to the next highest whole number.
(3)
All parking areas shall be paved, curbed and provided stormwater management drainage improvements and appurtenances in accordance with sound engineering practice.
(4)
Dimensions. Off-street parking spaces shall be a minimum of nine feet wide and 18 feet long, except parallel spaces shall be 25 feet long.
(5)
Design. Off-street parking areas shall be designed pursuant to § 110-14A(8).
(6)
American with Disabilities Act. Off-street parking areas, including, but not limited to, the number of parking spaces designated for the disabled, the design of such parking spaces and the signage for such parking spaces shall comply with the requirements of the American with Disabilities Act, Public Law 101-336, and all subsequent amendments.
(7)
Required parking spaces. The number of parking spaces required for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter or such other measure indicated below. Where a particular site or facility contains more than one use, the total parking requirements shall be the sum of the component parts, unless indicated otherwise.
[Amended 5-2-2011 by Ord. No. 2011-13; 5-2-2011 by Ord. No. 2011-16; 5-2-2011 by Ord. No. 2011-17]
Use: | Parking spaces required: | ||
|---|---|---|---|
Bowling alley | 4 per alley | ||
Car wash | 8 per washing lane | ||
Commercial recreation | 1 per employee at peak shift and 1 per 100 square feet of gross floor area, and in the case of outdoor facilities, 1 per 100 square feet of area in which patrons use (e.g., golf driving range: area used by patrons is the tee area from which golf balls are driven; and batting cage: area used by patrons is the entire cage) | ||
Community swimming pool | 1 per 15 square feet of water surface area | ||
Day-care center | 1 per 60 square feet of gross floor area | ||
Dwelling units: | |||
Studio/1-bedroom unit | 1 | ||
2-bedroom unit | 1 1/2 | ||
3-or-more-bedroom unit | 2 | ||
Financial institution, bank and other related businesses | 1 per 250 square feet of gross floor area | ||
Home occupation: | |||
Nonresident employee | 1 per nonresident employee. | ||
Floor area dedicated to home occupation | 1 per 200 square feet of floor area dedicated to the home occupation | ||
Hospital | 1 1/2 per bed | ||
Live/Work | |||
Floor area dedicated to the commercial use | 1 per 350 square feet | ||
Nonresidential employee | 1 per nonresident employee | ||
Manufacturing, assembly and fabrication | 1 per 1,000 square feet of gross floor area | ||
Marina | 0.5 per boat slip plus 2 for each residential dwelling unit plus 1 for very 4 restaurant seats | ||
Medical clinic, health care facility, residential medical detoxification center, urgent care center. [Added 3-5-2018 by Ord. No. 2018-6] | 1 per 150 square feet of gross floor area | ||
Medical professional, excluding home occupation; see home occupation for parking requirement | 1 per 150 square feet of gross floor area | ||
Mortuary and funeral home | 1 per 60 square feet of floor space devoted to patron use or 10 per viewing room or chapel, whichever is less. | ||
Movie and performing arts theaters | 1 per 3 seats | ||
Nightclub | 1 per 60 square feet of gross floor area | ||
Office, research and development [Added 3-5-2018 by Ord. No. 2018-6] | 1 per 500 square feet of gross floor area | ||
Professional office and office building, excluding home occupation; see home occupation for parking requirements | 1 per 250 square feet of gross floor area | ||
Personal service, excluding home occupation; see home occupation for parking requirement | 1 per 200 square feet of gross floor area | ||
Research facility | 1 per 800 square feet of gross floor area | ||
Restaurant | 1 per three seats | ||
Retail store | 1 per 200 square feet of gross floor area | ||
Veterinary hospital | 6 per examination room | ||
Warehouse, shipping and receiving | 1 per 5,000 square feet of gross floor area | ||
(8)
Location.
(a)
Parking spaces shall be located on the same lot as the use being served. No off-street parking space shall have direct access from a street.
(b)
No parking space shall be located in any required landscape buffer area.
(c)
Parking spaces for residential uses shall be located within a reasonable distance to a residential dwelling.
(d)
No commercial motor vehicle, school bus, dump truck, walk-in van or construction equipment shall be parked or stored anywhere in a residential zoning district except when the vehicle is being used in the transaction of business with the owner or occupant of the property. Commercial motor vehicles shall include all commercially licensed vehicles and all trucks or vans with a gross registered weight in excess of 11,000 pounds. The provisions of this subsection shall not apply to the parking or storage of school buses and school vans on public school, private school or parochial school property.
B.
Off-street loading.
(1)
The required loading shall be measured exclusive of interior driving lanes and maneuvering areas. All required loading shall be provided off the street and on site.
(2)
When the computation of the number of required loading spaces results in a fraction, such fractions shall be resolved to the next highest whole number.
(3)
All loading areas shall be paved, curbed and provided stormwater management drainage improvements and appurtenances in accordance with sound engineering practice.
(4)
Dimensions. Off-street loading spaces shall be a minimum of 12 feet wide and 45 feet long with at least 15 feet of vertical clearance.
(5)
Design. Off-street loading areas shall be designed pursuant to § 110-14C(7).
(6)
Required loading spaces. The number of loading spaces required for each use shall be determined by the amount of gross floor area as defined in this chapter or such other measure indicated below. Where a particular site or facility contains more than one use, the total loading requirements shall be the sum of the component parts, unless indicated otherwise.
Use: | Loading spaces required: | |
|---|---|---|
Hospital | 1 for the first 10,000 square feet of gross floor area; 1 for each additional 100,000 square feet of gross floor area | |
Manufacturing, assembly and fabrication | 1 for the first 5,000 square feet of floor area; 1 for each additional 40,000 square feet of gross floor area | |
Mortuary and funeral home | 1 per 10,000 square feet of gross floor area | |
Nightclub and restaurant | 1 for the first 10,000 square feet of gross floor area; 1 for each additional 25,000 square feet of gross floor area | |
Research | 1 for the first 5,000 square feet of gross floor area; 1 for each additional 40,000 square feet of gross floor area | |
Retail store | 1 for the first 10,000 square feet of gross floor area; 1 for each additional 40,000 square feet of gross floor area | |
Warehouse, shipping and receiving | 1 space for the first 5,000 square feet of gross floor area; 1 for each additional 40,000 square feet of gross floor area |
§ 110-15 Landscape buffer areas.
[Amended 3-7-2005 by Ord. No. 2005-6]
Landscape buffer areas are required between residential and nonresidential development as provided herein, unless specified otherwise in this chapter.
A.
Landscape buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by owner. Any screen planting shall be maintained permanently, and any plant material which does not survive shall be replaced within one year or one growing season.
B.
No structure, activity, stormwater infiltration, detention or retention area, storage of materials, storage units or parallel drives or railroad sidings, parking or loading of vehicles shall be permitted in a landscape buffer area. Sidewalks, berms, utilities and a driveway crossing perpendicular to the buffer shall be permitted in landscape buffer areas.
C.
Landscape buffer areas shall extend along the full length of the respective yards in which they are required.
[Amended 5-2-2011 by Ord. No. 2011-13]
(1)
The landscape material shall be provided to create a street screen or a continuous visual screen of parking, loading, and service areas.
(2)
At the following locations within required screening areas, shrubs with a maximum height of 30 inches or less, approved by the Board as to type, location, and spacing shall be provided:
D.
Required landscape buffer areas. The width of landscape buffer areas required for uses permitted in each zoning district are provided below. Requirements for conditional uses set forth in this chapter provide for required landscape buffer areas. In the event that no landscape buffer area is specifically provided in § 110-10, the landscape buffer areas required for the zoning district in which such conditional use is conditionally permitted shall apply. Further, in the event a use is permitted by the granting of a use variance, the landscape buffer area shall be determined as a result of the use variance approval process, while applying the landscape buffer area required for the zoning district in which the use variance is sought.
[Amended 8-7-2023 by Ord. No. 2023-11]
Zoning District | Landscape Buffer Area Required | |
|---|---|---|
R-1 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
R-1-30 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
R-2 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
R-3 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
R-4 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
R-5 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
R-6 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
LDR/OS-3 and LDR/OS-5 | A landscaped buffer planted along rear property lines adjacent to nonresidential zones. The buffer shall have a minimum width of 10 feet in which coniferous trees are planted 10 feet on center. An easement shall be created to preserve the landscape buffer. | |
WFD/AH | See § 110-32 | |
PRD/AH | See § 110-33 | |
PRD/V | See § 110-34 | |
C-1 | Landscape buffers at least 10 feet wide shall be provided along side and rear yards, and when a commercial use abuts a residential use, a solid fence at least six feet high shall be provided in addition to the landscaping to enhance the buffer and provide an effective screen. No accessory structures, driveways or parking or loading areas should be located in the buffer area. | |
C-2 | Landscape buffers at least 10 feet wide shall be provided along side and rear yards when a commercial use abuts a residential use. A solid fence at least six feet high shall be provided in addition to the landscaping to enhance the buffer and provide an effective screen. | |
C-3 | The minimum landscape buffer shall be at least 30 feet wide along side and rear yards adjacent to residential uses. The buffer shall consist of coniferous trees planted in two staggered rows 15 feet on center. Planted berms shall be incorporated in the buffer area to provide an enhanced immediate screen. | |
Landscaping shall be provided in all yards, with minimum planting areas of 20 feet wide in the front yard and 15 feet in the side and rear yards. Twenty feet in front yard. Fifteen feet in side and rear yards | ||
I-1 | The minimum landscape buffer shall be at least 30 feet in side and rear yards adjacent to a residential use or zone, and an additional one foot of buffer shall be required for each 1,000 square feet of building area to a maximum of 50 feet, and 20 feet in front yards. Coniferous evergreen trees and shrubs shall be planted in masses averaging 12 feet on center and shall be supplemented with shade trees and ornamental trees to create a complete visual screen. Planted berms shall be incorporated in the buffer area to provide an enhanced immediate screen. | |
Where the adjacent use or zone is other than residential, landscaping shall be provided in all yards, with minimum planting areas of 20 feet wide in the front yard and 15 feet in the side and rear yards. | ||
I-2 | The minimum landscape buffer shall be at least 30 feet wide along side and rear yards adjacent to a residential use or zone, and an additional one foot of buffer shall be required for each 1,000 square feet of building area to a maximum of 50 feet. The buffer will consist of coniferous evergreen trees and shrubs planted in masses averaging 12 feet on center and shall be supplemented with shade trees and ornamental trees to create a complete visual screen. Planted berms shall be incorporated in the buffer area to provide an enhanced immediate screen. | |
Where the adjacent use or zone is nonresidential, landscaping shall be provided in all yards, with minimum planted areas of at least 20 feet wide in the front yard and 15 feet in side and rear yards. Buffers must provide an effective screen when fully matured; planted berms shall be incorporated into all site plans. | ||
I-3 | The minimum landscape buffer shall be at least 30 feet wide along side and rear yards adjacent to a residential use or zone, and an additional one foot of buffer shall be required for each 1,000 square feet of building area to a maximum of 50 feet. The buffer will consist of coniferous evergreen trees and shrubs planted in masses averaging 12 feet on center and shall be supplemented with shade trees and ornamental trees to create a complete visual screen. Planted berms shall be incorporated in the buffer area to provide an enhanced immediate screen. | |
Where the adjacent use or zone is nonresidential, landscaping shall be provided in all yards, with minimum planted areas of at least 20 feet wide in the front yard and 15 feet in side and rear yards. Buffers must provide an effective screen when fully matured; planted berms shall be incorporated into all site plans. | ||
M/OS | No requirements. |
E.
Plantings. A landscape buffer area shall be planted and maintained by the owner to conceal parking and loading areas, to eliminate the glare of vehicle lights throughout the year and to screen buildings and structures from adjoining residential uses and areas. The landscape buffer area shall create a screen consisting of evergreen trees, shrubs, ornamental trees and shade trees acceptable to the Joint Land Use Board. For landscape buffer areas 10 feet in width or greater, evergreen trees shall be planted in masses averaging 12 feet on center and shall be supplemented with shade trees and ornamental trees to create a complete visual screen. For landscape buffer areas five feet in width, evergreen trees shall be planted in a single row with spacing not to exceed 10 feet or other narrow pyramidal upright evergreen with spacing not to exceed five on center to create a complete visual screen. Evergreen trees shall be a minimum of five feet high when planted, shall be balled and burlapped and shall have the lowest branches no more than one foot above the finished grade. In areas where established vegetation is to be incorporated into the landscape buffer areas, supplemental planting may be required to achieve the desired screening results. Where a side yards meets a front yard, the landscape buffer area shall consist of evergreen shrubs extending 20 feet from the street line into the property. Evergreen shrubs shall be planted in front yards to screen parking areas and to enhance aesthetics. Evergreen shrubs shall be a minimum of two feet in height when planted and may be balled and burlapped or be in containers of two gallons or greater. Solid fences may be used as approved by the Joint Land Use Board to enhance the ability of the landscape buffer are to screen nonresidential uses from adjoining residential uses.
§ 110-16 Performance standards.
A.
Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control and the level of monitoring to be conducted.
B.
Storage and waste disposal. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials that might create a pollutant or be a safety hazard or a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Official and/or Construction Official. No bulk storage of materials or equipment shall be in any front yard. Each site shall provide appropriate area(s), properly screened from adjacent property, for the orderly deposit and pickup of trash, refuse and recyclables.
§ 110-17 Signs.
[Amended 3-5-2018 by Ord. No. 2018-5; 8-19-2024 by Ord. No. 2024-20]
The purpose of this section is to establish sign controls which promote the public safety and welfare to inform; enhance the built environment through compatible design, and protect the public from unsafe signs, which may be placed indiscriminately, conflict with lawful signs, and obscure vision.
A.
No person shall erect, alter or relocate any sign without a zoning permit issued by the Zoning Officer and a sign permit issued by the Construction Official, unless exempted under the following provisions. The permit fee for such signs shall be as provided in the schedule set forth in Township ordinances. Whenever a sign is changed, the fee for such change shall be as provided in the schedule set forth in the Township ordinances. Normal maintenance and the removal of a sign shall not require a permit.
B.
General regulations shall be as follows:
(1)
Attached signs. Signs parallel to walls shall be no more than 15 inches from the surface of the wall. Signs perpendicular to walls shall extend no more than six feet from the surface of the wall, shall not exceed 10 square feet in area, shall be supported in a structurally sound manner approved by the Township Engineer or Construction Official and shall have a clearance of at least nine feet between bottom of the sign to the finished grade.
(2)
Height. The height of a sign shall be measured from the finished grade to the uppermost part of the sign. The lowest portion of any sign which projects over a driveway shall be at least 14 feet above the finished grade and projects over a sidewalk shall be at least nine feet above the finished grade. Freestanding signs shall not exceed a height of 20 feet.
(3)
Illuminated signs. All lighted signs shall have the light source shielded from adjoining or nearby lots, streets and interior drives and shall have translucent fixtures.
(4)
Sign area and dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or closed, but not including the supporting framework and bracing incidental to the display itself. All internally illuminated panels or translucent fixtures, whether or not they contain lettering, wording, designs or symbols, shall be considered to be part of sign area.
(5)
Exemptions from sign permits. Street number designations, highway signs, postal boxes, address, nameplate, on-site traffic directional and parking signs, signs posting property as "private property," "no hunting," "danger," "warning" (within a building or affixed to a building and not visible from a public right-of-way), logos and labels on mechanical equipment or refuse containers, and flags of nations, states, cities, or organizations or for similar purposes are permitted but are exempt from other sign area limits as set forth in this chapter, so long as said signs do not exceed two square feet each. Any signs governed by the Manual for Uniform Traffic Control Devices (MUTCD) shall conform with the sizes specified therein. Additionally, any "feather flag" -type banners are permitted but are exempt from other sign area limits as long as said "feather flag" banners do not exceed one per business, per street frontage that it is advertising.
(6)
No sign other than street, traffic, or similar official signs are permitted to be erected within or project over the right-of-way of any street, sidewalk, or public promenade, except as permitted by the governing body or expressly permitted herein.
(7)
No signs are permitted to be placed on any property without the consent of the property owner.
(8)
No sign is permitted to be attached to utility poles, public structures, trees, stumps, fence posts, other signs, or signposts, but shall be freestanding or attached to buildings in accordance with this section, except as otherwise provided herein for warning signs as defined.
(9)
In order to protect the public health and safety, signs shall be placed so that there is no visual clutter, conflict, or interference with traffic signs or sight triangles.
(10)
All signs must be kept in a safe and maintained condition and appearance; and must be repainted or otherwise maintained by the owner to prevent deterioration caused by weather, age, or other condition.
(11)
Temporary signs.
(a)
Construction signs, nonresidential. No more than one sign naming the project under construction and the participating firms and individuals is permitted on the construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 32 square feet and shall be no closer than 15 feet to any street or side lot line.
(b)
Construction sign, residential. Not more than two temporary ground signs for an approved residential development shall be permitted, provided that each sign does not exceed 12 square feet, shall be no closer than 15 feet to any street or side lot line and shall be removed within 30 days after all lots or units have been sold or rented.
(c)
Residential real estate signs. Real estate signs shall not exceed an area of five square feet on each side. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. They do not require a permit. No more than one sign shall be permitted along each street. Real estate signs shall be permitted only on the lot that the sign is advertising. Signs shall be set back at least seven feet from the edge of the street paving and five feet from all side property lines. In the event the distance between the edge of the street paving and the dwelling/building/structure on the property is less than seven feet, the sign shall be permitted at a lesser distance as maybe required.
(d)
Commercial and industrial real estate signs. Real estate signs shall not exceed an area of 16 square feet on each side. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. They do not require a permit. No more than one sign shall be permitted along each street. Real estate signs shall be permitted only on the lot that the sign is advertising. Signs shall be set back at least seven feet from the edge of the street paving and five feet from all side property lines. In the event the distance between the edge of the street paving and the building/structure on the property is less than seven feet, the sign shall be permitted at a lesser distance as maybe required.
(e)
Election signs. Election signs shall not exceed 16 square feet in area or six feet in height. There shall be no more than one sign per candidate/slate of candidates/issue per street frontage, and the sign shall have the consent of the owner of the lot. No such sign shall be erected more than 45 days prior to any municipal, county, state, or national election or referendum and shall be removed within 14 days following such election. Signs shall be set back at least seven feet from the edge of the street paving and five feet from all side property lines. In the event the distance between the edge of the street paving and the building/structure on the property is less than seven feet, the sign shall be permitted at a lesser distance as maybe required.
(f)
Free expression signs. Free expression signs shall not exceed four square feet in area or six feet in height. Signs shall be set back at least seven feet from the edge of the street paving and five feet from all side property lines and shall be limited to one sign per street frontage.
(g)
Mechanics and artisans. Each mechanic and artisan is permitted to erect one sign during the period when the mechanic or artisan is actively performing work on the lands or premises where the sign is placed. The sign shall have a maximum of six square feet. Signs shall be set back at least seven feet from the edge of the street paving and five feet from all side property lines.
(12)
Public and quasi-public uses. Three wall or ground sign(s) not exceeding 24 square feet each may be located on the premises of places of worship, school buildings, libraries, parish houses, government buildings and public recreational and community center buildings and grounds. Signs with changeable message panels of up to 75% of the overall sign area, whether electronic or manual, shall be permitted, provided that the message shall be permitted to change a maximum of one time per 30 seconds. No fee shall be required in connection with the permit for such a sign. Where there is more than one public or quasi-public use on a property, those uses may receive separate signs.
(13)
Automotive service stations. Automotive service stations may display the following special signs:
(a)
One freestanding sign advertising the name of the station, including the company or brand name, insignia or emblem, provided that such sign shall not exceed 50 square feet on a side and shall be at least 15 feet from the edge of street paving. Said sign shall not exceed the height requirements established herein for freestanding signs. One freestanding sign shall be permitted for each street frontage. The freestanding sign may have a supplementary price sign, provided that it is mounted on the same support structure as the freestanding sign, that the price sign does not exceed 25 square feet in sign area and that the lowest part of the sign is at least eight feet above finished grade.
(b)
Incidental signs advertising services, trade information, credit cards, prices and information other than product advertising are permitted, provided that no one sign exceeds 10 square feet, there is no more than one such sign per street frontage and all are set back at least seven feet from the curbline and are permitted to be attached to any existing structure.
(c)
In addition to the freestanding sign permitted herein, gasoline service stations that have a canopy over the fuel-dispensing islands shall be permitted one sign per side on the canopy, with the area of the sign limited to no more than 10% of the area of the longest facade of the canopy.
(d)
In addition to the freestanding sign, the incidental sign and the sign on the canopy, the principal building shall be permitted to have one attached or wall sign in accordance with the provisions of § 110-17C(2).
(14)
Prohibited signs.
(a)
Animated, flashing, and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash, change intensity of illumination or display movement or the illusion of movement.
(b)
Roof-mounted signs.
(c)
Bare-bulb external sign illumination.
(d)
Banner-type signs, except in celebration of public events and erected with the approval of the governing body.
(e)
Billboards or off-premise signs.
(f)
Mobile signs, including signs that are not permanently attached to a building, or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code, or signs mounted on wheels, trailers or unregistered motor vehicles; a registered vehicle that has as its principal purpose the advertising of a business from a site as opposed to serving as a delivery or service vehicle for other business purposes of this section. Mobile signs operated by or for a governmental agency to advise of road closures, no parking, and similar messages are exempt from this provision.
C.
Signs within each zoning district shall be permitted as follows:
(1)
Residential zoning districts.
(a)
Townhouses. One freestanding sign giving the name of the project, not exceeding 12 square feet, and a maximum height of four feet and no closer than 10 feet to any right-of-way.
(b)
Home occupations. One sign providing only the name and occupation, not exceeding three square feet and may be either attached flush with the facade of the dwelling or ground mounted set back at least 15 feet from the edge of street paving. Such sign shall not be illuminated. A home occupation sign shall be provided in lieu of a separate residential sign that is exempted in the provisions set forth in § 110-17B(5).
(2)
Commercial zoning districts.
(a)
Freestanding businesses not part of a multiple-tenanted commercial facility. There shall be no more than two business signs per freestanding business. No more than one sign shall be permitted to be an attached or wall sign, and no more than one sign shall be permitted to be freestanding.
[1]
Parallel signs attached to a wall or wall signs, including awning, canopy, marquee and window signs. Maximum sign area shall be 40 square feet and the number of sign types cannot exceed two.
[2]
Awning, canopy and marquee signs. Awning, canopy and marquee signs may be permitted as follows:
[a]
Awning signs may be permitted as part of an awning, provided that the sign does not exceed 20% of the surface area of the awning. Awnings are not permitted to be translucent or let light through. Matte cotton and mixed fabrics and materials are required to be opaque and matte for awnings.
[b]
Signs may be permitted on each vertical face of a canopy, provided that the sign does not exceed 10% of the surface area of each vertical face of the canopy on which the sign is to be located.
[c]
Signs may be permitted on each vertical face of a marquee, provided that the sign does not exceed 10% of the surface area of each vertical face of the marquee on which the sign is to be located.
[3]
Window sign. Etched and painted permanent window signs are permitted but limited to 33% of the total glass area of the building front.
[4]
Each use may utilize one sign perpendicular to the right-of-way. Perpendicular signs are freestanding, suspended, and projecting signs.
[5]
Perpendicularly or suspended attached signs. Maximum sign area shall conform to § 110-17B(1) and the bottom of the sign height shall be at least seven feet above grade and the top of the sign shall not be more than nine feet above grade.
[6]
Freestanding signs. Maximum sign area shall be 20 square feet, and sign height shall not exceed six feet above surrounding grade. Such signs shall be set back at least 15 feet from any curbline or property line; and five feet from the property line.
[7]
Incidental signs advertising services, trade information, credit cards, prices and information other than product advertising are permitted, provided that no one sign exceeds 10 square feet, there is no more than one such sign per street frontage and all are set back at least seven feet from the curbline and are permitted to be attached to any existing structure.
(b)
Multiple-tenanted commercial facilities. Multiple-tenanted commercial facilities consisting of two or more businesses in a building shall be permitted to have one attached or wall sign per business. No more than one freestanding sign shall be permitted on the premises. Such signs shall be business signs.
[1]
Parallel signs attached to a wall or wall signs. Maximum sign area shall be 40 square feet.
[2]
Perpendicularly attached signs. Maximum sign area shall be at least seven feet above grade and the top of the sign shall be not more than nine feet above grade.
[3]
Freestanding signs. Maximum sign area shall be 40 square feet, and sign height shall not exceed eight feet above average surrounding grade. Such signs shall be set back at least 15 feet from the curbline.
[4]
Awning, canopy and marquee signs shall comply with the provisions set forth in § 110-17C(2)(a).
[5]
Window sign. Etched and painted permanent window signs are permitted but limited to 33% of the total glass area of the building front.
(3)
Industrial zoning districts.
(a)
Not more than one freestanding monument sign shall be allowed for each street frontage, and each freestanding sign shall meet the following requirements. Such signs shall be business signs.
(b)
No more than two attached parallel to the wall signs or wall signs shall be permitted. Such signs shall be limited to one sign per side of the main building and shall meet the following requirement.
[1]
Maximum sign area shall not exceed 120 square feet or 10% of the area of the wall to which it is attached or located, whichever is less.
§ 110-18 Decks, patios and swimming pools.
A.
Decks, patios and swimming pools shall be considered impervious and shall be included in the calculation for maximum lot coverage.
B.
Decks, patios and swimming pools shall not be permitted in the front yard, except for corner lots decks shall be permitted in the front yard when said yard is considered to be a side yard pursuant to the provisions of this chapter.
C.
Decks, patios and swimming pools shall be set back in accordance with the side and rear yard set back requirements for principal buildings and structures set forth in the respective zoning district in which the premises is located. For swimming pools, the setback shall be measured from the lot line to the nearest inside wall of the pool. In the case of preexisting principal buildings that are situated closer to side and rear yards than what is permitted in the respective zoning district, decks, patios and swimming pools shall be aligned with the outer edge of the principal building so as to maintain the preexisting setback condition, but in no case shall the setback for decks, patios and swimming pools be set back less than 10 feet from side and rear lot lines.
D.
No person shall erect, alter or relocate any deck, patio or swimming pool without a zoning permit and, when applicable, a building permit. Decks, patios and swimming pools shall conform to the Uniform Construction Code of the State of New Jersey.
E.
All swimming pools shall be enclosed with a fence approved by the Construction Official.
§ 110-19 Utility sheds, private garages, and other like accessory structures.
[Amended 4-18-2016 by Ord. No. 2016-4]
A.
All utility sheds and private garages shall be considered accessory structures and shall comply with the area and bulk requirements provided for the respective zoning district in which the premises is located.
B.
Utility sheds and private garages and other accessory structures (excluding fences or walls that conform to § 110-13) shall not be permitted in the front yard.
C.
No person shall erect, alter or relocate any utility shed, private garage or like accessory structure without a zoning permit and, when applicable, a building permit. All accessory structures shall conform to the Uniform Construction Code of the State of New Jersey.
D.
Fees: For structures covered by this section which are 200 square feet or less, a zoning inspection fee of $25 shall be paid upon approval for inspection to insure compliance. For larger structures covered by the State Uniform Construction Code, the fees in § 150-3 shall be paid.
[Added 9-23-2019 by Ord. No. 2019-22]
§ 110-20 Trailers, campers and boats; abandoned vehicles
A.
No trailer, auto trailer, trailer coach, travel trailer, camper or boat shall be used for dwelling purposes, sleeping quarters or the permanent conduct of any business, profession or occupation. Such equipment may be used for a temporary construction office located on a construction site, provided that the location and equipment is approved as part of a subdivision or site plan and/or a zoning permit. Prior to use for a temporary construction office, a temporary permit shall be issued by the Construction Official. This section shall not be construed to prohibit the parking or storage of such equipment on private premises only. Such equipment shall not be parked on a public street in a residential zoning district for a period exceeding 24 hours.
B.
The keeping, storage or abandonment of any motor vehicle not currently used for transportation and not licensed for operation in the current year upon a land parcel within the limits of the Township of Delanco is hereby declared to be contrary to the public health, safety and welfare of the inhabitants of the Township by virtue of its unsightly appearance, its attraction as an abode for vermin and other small animals constituting a health hazard and the safety hazard created by its attraction as a play area for small children. The following vehicle abandonment restrictions shall apply throughout the Township of Delanco:
(1)
No person shall keep, store, abandon or leave upon any lot or parcel of private property within the Township any motor vehicle not currently used for transportation and not being licensed for the current year or displaying a current inspection sticker or any unused machinery or equipment; provided, however, that nothing herein contained shall be deemed to prohibit the placing, keeping, storing or abandoning of any such motor vehicle, machinery or equipment in a garage or other enclosed structure within the Township.
[Amended 12-4-2006 by Ord. No. 2006-16]
(2)
Whenever it shall be determined by the Township Joint Land Use Board that the presence on any lands within the municipality of a motor vehicle not currently used or licensed or any unused machinery or equipment is detrimental to the general health, safety and welfare, the owner or tenant of such property shall be required by the Zoning Officer to remove therefrom such motor vehicle, machinery or equipment or to place it in a garage or other enclosed structure within five days after receipt by such owner or tenant of written notice from the Zoning Officer. This notice may be served personally upon the owner or tenant or may be directed to him or her by certified mail.
§ 110-21 Lighting.
[Amended 5-2-2011 by Ord. No. 2011-19]
A.
Fixture design. Control of nuisance and disabling glare. All outdoor lighting, whether or not required by this section, on residential, commercial, industrial, municipal, recreational, or institutional property shall be aimed, located, designed, fitted, and maintained so as not to present a disabling glare hazard to drivers or pedestrians, or a nuisance glare concern to neighboring properties.
B.
Multifamily residential, commercial, industrial, municipal, recreational, or institutional property shall be governed by the standards contained in Part II Land Use Procedures, in § 91-8, Landscaping, screening, and lighting.
C.
For residential uses and districts, directional fixtures such as floodlights and spotlights shall be installed or aimed at an angle no higher than 45° above straight down (halfway between straight down and straight to the side) so that they do not shine directly into the window of a neighboring residence, directly into a roadway, or skyward. In no case shall these lights extend above the eave line. These shall be full-cutoff lighting fixtures and shall light the subject property only.
D.
The average footcandles as measured at the ground level shall be between 0.8 footcandle and 2.4 footcandles.
E.
To encourage minimal light sources between 11:00 p.m. and dawn, and, to mitigate glare and sky-lighting consequences, lighting shall be controlled by manual and automatic switching devices such as timers, motion detectors, and/or photocells. Exemption: Security concerns may permit only as many lights as are required to remain illuminated as security lighting.
F.
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, such control shall be achieved primarily through the use of sharp cutoff fixtures, the appropriate application of mounting height, wattage, aiming angle, fixture placement, and fixture design, etc., and the additions of shields and baffles as necessary.
G.
The amount of illumination projected onto a residential use from another property shall not exceed 0.25 vertical footcandle at the property line. Demonstration of compliance shall be the burden of the owner of the light fixture.
§ 110-22 Homeowners' associations.
Homeowners' associations shall be established for the purpose of owning and maintaining, repairing and reconstructing all common buildings, improvements and real property that are part of a residential development. Such associations shall be established pursuant to New Jersey law.