Delran City Zoning Code
ARTICLE IV
Agricultural Zoning District A-1
§ 355-9 Purpose and intent.
The purpose and intent of the A-1 Agricultural District is to provide for agricultural uses, the marketing of agricultural products, single-family residential housing of low density, and certain conditional uses.
§ 355-10 Permitted uses.
A.
Agricultural uses which meet the following criteria:
(1)
Breeding, raising, maintaining or producing (excluding slaughter and preparation) for sale, lease or personal use of livestock, including (but not limited to) horses, ponies, dairy animals, poultry, cattle, sheep, mules (or goats or any mutations or hybrids thereof), shall be permitted provided that the following conditions shall be met:
(a)
Horses and ponies may be kept on lots of two acres or more in land area. One horse or pony may be kept per acre of land in the lot.
(b)
All other livestock may be bred, raised or produced on lots of two acres or more. No more than two animals other than horses or ponies may be kept on lots containing five acres of land or less. On lots of more than five acres, one animal per acre may be kept, bred, raised or produced; provided, however, the maximum number of animals that may be kept, bred, raised or produced may be increased to the minimum required to meet the requirements of the Farmland Assessment Act, N.J.S.A. 54:4-23.1 et seq., if applicable.
(c)
A pen or corral containing a minimum of 800 square feet for the first such animal and 400 square feet for each additional animal shall be provided. Each pen or corral shall contain a stable a minimum size of 100 square feet per animal and shall be so constructed as to minimize the creation of offensive odors and the breeding of insects or other nuisances.
(d)
Hog farms and slaughterhouses are prohibited.
(2)
The growing of agricultural products, including soil preparation, crop and horticultural services.
C.
Single-family detached dwellings.
D.
Home occupations subject to the following requirements:
(1)
Not more than one employee in addition to members of the family residing on the premises shall be engaged in such occupation.
(2)
The home occupation shall be conducted entirely within the principal building, and only one such use shall be conducted on the premises.
(3)
The home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes and shall be limited to not more than 15% of the gross floor area of the principal building, including the garage area and the basement area if so used.
(4)
There shall be no external evidence of a nonresidential use, and no display of products shall be visible from the street.
(5)
No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a home occupation except in passenger automobiles, station wagons, or delivery vans with a maximum length of 20 feet during the hours of 8:00 a.m. to 10:00 p.m., Monday through Saturday.
(6)
No additional traffic or off-street parking shall be generated by such occupation in excess of one automobile.
(7)
No noise shall be audible to adjacent property owners to interfere with the quiet enjoyment of their property.
(8)
Such use of the home shall not adversely affect the adjacent property owners or interfere with the quiet enjoyment of their properties by causing air pollution, noise, noxious odors, water pollution, vibration, glare, traffic or parking problems, or electrical interference.
(9)
Signage advertising or identifying the home occupation, goods sold, and/or services performed at the home shall not be permitted on the premises. Any advertising for the home occupation shall list only the telephone number and not the street address of the home.
(10)
There shall be no visible outside storage of any kind related to the home occupation, including the use of vans, trucks, and other vehicles to store materials and equipment.
(11)
No home occupation use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the building.
(12)
The home occupation use shall be permitted between the hours of 8:00 a.m. and 10:00 p.m.
(13)
No firearms may be used in any form in said home occupation use, including repair of nonfunctioning parts.
(14)
There shall be no sales of goods, chattels, materials, supplies or items of any kind made at the premises at any time.
(15)
No machinery or equipment or process may be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable at the property lines or which causes any interference with radio or television reception by neighboring residences or fluctuation in line voltages beyond the premises.
(16)
All home occupation uses must be registered with the Clerk of Delran Township. A registration fee as set forth in § 150-8 will be required of the resident prior to commencement of such use. The Construction Code Official and/or Zoning Officer of Delran Township shall inspect the premises to insure compliance with the standards enumerated herein for such home occupation use.[1]
(17)
All home occupation uses shall specifically maintain solid waste containers which comply with the following standards:
(a)
The container shall be watertight and of metal or plastic with a tight-fitting cover and handles. Each container shall have a capacity of not less than 20 gallons or more than 40 gallons and shall not exceed 50 pounds when containing solid waste material. The volume of solid waste entitled to be picked up on each collection day from each home occupation use shall not exceed 10 receptacles, bags, boxes, bundles, or a combination thereof.
(18)
Where all the requirements set forth above are met, no site plan application shall be required.
E.
Family day-care homes as per the provisions of N.J.S.A. 40:55D-66.5a et seq.
F.
Child-care centers in accordance with the requirements of N.J.S.A. 40:55D-66.6 and 40:55D-66.7.
§ 355-11 Conditional uses.
A.
Schools (including religious schools), churches, chapels, synagogues, mosques or similar houses of worship, convents and monasteries.
(1)
Conditions for use:
(a)
Minimum tract size: one acre.
(b)
Minimum parking setbacks:
[1]
Thirty-five feet from county or state right-of-way;
[2]
Twenty-five feet from any residential zone;
[3]
Twenty feet from municipal right-of-way;
[4]
Twenty feet from rear property line;
[5]
Ten feet from side property lines; provided, however, zero feet shall be required when cross easements for parking area are provided.
(c)
Minimum buffer width and location: 15 feet within the setback areas adjacent to parking areas and outdoor recreation facilities from any residentially zoned property.
(d)
All utilities must be located underground.
(e)
Such additional restrictions or conditions as the reviewing board may impose in order to control the effect of noise, traffic movement and volume, lighting, and/or the intensity of such conditional use on adjacent land uses. The reviewing board may require a sufficient guaranty to ensure compliance with such restrictions or conditions.
(2)
Development review requirements:
(a)
Site plan review approval must be obtained from the reviewing board with jurisdiction, pursuant to Chapter 290, Site Plan Review, of the Code of the Township of Delran.
(b)
Such conditional use must include site lighting and landscaping and the design of all required buffers must comply with this chapter of the Code of the Township of Delran.
B.
Hospitals.
(1)
Conditions for use:
(a)
Minimum tract size: five acres.
(b)
Minimum lot frontage: 200 feet.
(c)
Minimum front yard setback: 50 feet.
(d)
Minimum rear and side yard setback: 50 feet.
(e)
Maximum height limitation: 75 feet, with the requirement that for every 10 feet or portion thereof in excess of 30 feet, all setbacks shall be increased by an additional 10 feet.
(f)
Maximum impervious coverage: 60% of the total lot area.
(g)
Minimum parking setbacks:
[1]
Thirty-five feet from any county or state right-of-way;
[2]
Twenty-five feet from any residentially zoned property;
[3]
Twenty feet from a municipal right-of-way;
[4]
Twenty feet from rear property line;
[5]
Ten feet from the side property line; provided, however, zero feet shall be required where cross easements for parking areas are provided.
(h)
All utilities shall be underground.
(i)
Cutoff luminaries to restrict intrusion onto adjacent residential uses.
(j)
A twenty-foot-wide landscape buffer all along the facility's border with the existing residential uses.
(2)
Development review requirements:
(a)
Site plan review approval must be obtained from the reviewing board with jurisdiction, pursuant to Chapter 290, Site Plan Review, of the Code of the Township of Delran.
(b)
Such conditional use must include site lighting and landscaping and the design of all required buffers must comply with this chapter of the Code of the Township of Delran.
(c)
Any development shall be constructed in accordance with an overall architectural plan such that the facades, rooflines, architectural detail and landscaping of each building shall be compatible with all other existing or proposed buildings on the site.
(d)
The principal and accessory buildings shall be arranged in a group such that no building shall be less than 25 feet from any other building.
(3)
Accessory uses.
(b)
Conditions of accessory uses. Accessory uses cannot constitute more than 40% of the total gross floor area of all buildings on the lot, premises or development (whether or not completed in phases).[1]
[1]
Editor's Note: Original Sec. 22-8.1.c.3, Public mini storage facilities for goods other than explosives, which previously followed this section, was repealed 2-11-2005 by Ord. No. 2005-2.
§ 355-12 Residential density.
[Amended 6-28-2005 by Ord. No. 2005-19]
The maximum overall density is one unit per two acres, except as permitted in Article IVA.
§ 355-13 Residential area and bulk standards.
A.
The minimum lot size shall be one acre except as permitted in Article IVA, below. Tracts not developed under Article IVA shall set aside at least 50% of the tract as open space. Ownership and management of open space shall be as set forth in Article IVA, below.
[Amended 9-15-2004 by Ord. No. 2004-19; 6-28-2005 by Ord. No. 2005-19]
B.
Minimum lot frontage: 100 feet, except that lot frontage may be measured at the front yard setback line on curvilinear streets, including cul-de-sac.
C.
Minimum lot depth: 50 feet.
E.
Maximum building height: 35 feet.
[Amended 4-25-2006 by Ord. No. 2006-4]
F.
Maximum impervious coverage: 60% of total lot area.
G.
Maximum clearing limit. No more than 80% of the lot area shall be cleared of vegetation for the purpose of construction; provided, however, if the existing cleared area exceeds 80% of the lot area or the existing vegetation is immature or seasonal in nature and may be reestablished in a relatively short period of time, compliance with this subsection may be adjusted to promote the purpose of this chapter.
I.
Accessory use area and bulk standards. Unless elsewhere specifically specified to the contrary, accessory buildings and uses shall conform to the following standards:
(1)
Accessory buildings and uses shall not exceed 25% of the rear yard area or the following limitations, whichever is smaller:
[Amended 4-25-2006 by Ord. No. 2006-4]
(a)
Garages and carports: 600 square feet.
(b)
Decks: 400 square feet.
(c)
Sheds: 100 square feet [See §355-13I(10).]
(d)
Nonportable swimming pools: 600 square feet of pool area.
(2)
Accessory buildings shall not exceed 25 feet in height.
(3)
Accessory buildings and uses shall be included in computing the maximum percentage of lot coverage, impervious coverage or other standards.
(4)
In the case of an interior lot abutting on one street, no detached accessory building or use shall be constructed or altered so as to occupy the front half of the lot; except that where lots are over 200 feet in depth, this setback need not to exceed 100 feet.
(5)
In the case of an interior lot abutting on two or more streets, no detached accessory building or use shall be constructed or altered so as to occupy the one-fourth of the lot nearest either street.
(6)
In the case of a corner lot abutting two streets, accessory buildings or uses shall not be located nearer the street line of the street forming the side yard boundary than the required front yard setback on such street.
(7)
In the case of a corner lot abutting on more than two streets, no detached accessory building or use shall be constructed or altered so as to be nearer to any street line than one-fourth the width or length of the lot, except that such setback need not exceed 100 feet.
(8)
A garage or carport attached to any side of the dwelling and constructed as a part of such dwelling shall be considered as a part of the dwelling and not as an accessory building and shall meet all requirements for front, side or rear yard setbacks and heights of structures for the primary use.
(9)
The minimum side and rear yard setback for accessory buildings and uses shall be 15 feet.
[Amended 4-25-2006 by Ord. No. 2006-4]
(10)
Sheds, storage sheds, and pool sheds are enclosed structures, not on a permanent foundation, for the storage of household equipment, hand tools, small power tools, lawn mowers, trimmers, pool supplies and similar tools or equipment for use by the residents of a single dwelling unit. Such sheds shall comply with the following provisions:
[Amended 4-25-2006 by Ord. No. 2006-4]
(a)
Sheds shall be permitted only in the rear yards, or the side yard of a corner lot which abuts the rear of a building, and whose footprint shall not exceed 100 square feet.
(b)
The maximum height for a shed shall be 10 feet from the surrounding ground level.
(c)
Sheds shall be set back at least 10 feet from any lot line. Sheds on corner lots shall be no closer to a street than the setback for principal buildings on that street.
(d)
On lots of one acre or less, one shed shall be permitted. On lots of greater than one acre, one additional shed for each additional full acre shall be permitted to a maximum of three sheds.
(11)
Notwithstanding other bulk requirements of this section, front porches shall be permitted on existing dwellings in the district in the front yard setback other than a setback to a county or state right-of-way, provided that they meet the following conditions:
(a)
The porch shall be and must remain open air although it may be roofed. The porch shall not be enclosed in any manner, including screens.
(b)
The porch shall not be utilized as a permanent year-round interior living space.
(c)
Porches satisfying the standards of this section may extend into what is the front setback from the front line of an existing dwelling a distance not to exceed eight feet, provided that in no event shall such a porch be closer than 15 feet to the front property line.
(12)
Swimming pools, whether or not portable or storable, shall be set back from the side lot line at least 10 feet and from the rear lot line at least 15 feet measured from the edge of the coping, pool edge restraint or the filter housing, whichever is closer to the lot line.
[Added 4-25-2006 by Ord. No. 2006-4]
J.
All utilities (including cable television and telephone lines) shall be underground.