Delran City Zoning Code
ARTICLE V
Single-Family Residence District R-1
§ 355-14 Purpose and intent.
The purpose and intent of the R-1 Single-Family Residence District is to provide single-family residential housing with medium density.
§ 355-15 Permitted uses.
A.
Single-family detached dwellings.
B.
Public parks, libraries, public community buildings, playgrounds and active and passive recreation uses, with only accessory buildings necessary for the operation and maintenance of the primary use and on-site parking areas.
C.
Public utility structures, but not including workshops, warehouses, storage uses or garages.
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.
[Amended 8-7-2005 by Ord. No. 2005-25]
(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 nor 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.
§ 355-16 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.
Nursing homes, life-care facilities, convalescent care facilities, senior-citizen assisted living facilities, or such similar use.
(1)
Conditions for use:
(a)
Minimum tract size: two 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: 35 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)
Cut-off 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 Chapter 290, Site Plan Review, of the Code of the Township of Delran and the provisions of this chapter.
(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 or groups such that no building shall be less than 25 feet from any other building.
C.
Open space small lot single-family detached senior citizen housing.
(1)
Conditions for use:
(a)
Permanent residents of the homes in said development must be at least 55 years of age, except that the spouse or a live-in domestic, companion or nurse may be a permanent resident, provided that he or she is a minimum of 19 years of age. A maximum of one child age 19 or older may also reside as a permanent resident with his or her parent or parents.
(b)
The proposed development shall be located on a parcel of land consisting of at least 10 acres of contiguous land.
(c)
The residential density, lot size, yard requirements, setbacks, lot conveyed and building height shall be as follows:
[1]
The gross developable acreage of the development shall be multiplied by 3.0 dwelling units per acre to achieve the maximum allowable number of units throughout the small lot single-family detached development.
[2]
The minimum lot size of the small lot single-family detached development: 6,000 square feet.
[3]
The minimum lot width shall be 60 feet.
[4]
The minimum lot depth shall be 100 feet.
[5]
Front yard setback limits shall stagger with a minimum setback of 20 feet measured from the right-of-way. Fifty percent of all units may have a setback of 20 feet to 23 feet. The remaining lots shall have setbacks from 23 feet to 25 feet, or greater. No more than two adjacent lots fronting on the same street shall have similar front yard setbacks within three feet of each other. Corner lots shall conform to front yard setbacks on both streets.
[6]
Rear yard setback limits: a minimum of 20 feet.
[7]
Side yard setback limits: a minimum of five feet with a combined width of 15 feet. The minimum separation between houses shall be 15 feet.
[8]
Notwithstanding other regulations to the contrary, setbacks shall be measured from the nearest point of the building foundation. Eave overhangs, chimneys, box windows and other building protrusions extending from the vertical plane of a building foundation shall not be considered in calculating building setbacks.
[9]
Lot coverage for principal and accessory structures: a maximum of 75%.
[10]
Building height: a maximum of 25 feet measured from the high point of the ridge line to the average elevation of the building at the grade line.
(d)
All buildings in the project shall contain at least six of the following features:
[1]
Ramps or elevators in place of steps.
[2]
Nonskid floors.
[3]
Doors of sufficient width to accommodate wheelchairs for all rooms.
[4]
Electric cooking stoves.
[5]
Showers in place of tubs for more than 50% of the dwelling units.
[6]
Electrical outlets at levels at least 24 inches above the floor.
[7]
Grab bars around tubs (where tubs are provided), shower stalls and toilets.
[8]
Central heating and central air conditioning.
[9]
Handle-type spigots and doorknobs.
[10]
Emergency signals which ring at a central location.
(e)
The houses shall be sited within the development in accordance with the following:
[1]
All housing shall be designed with regard to topography and natural features of the site and the focal points of the project.
[2]
To create identity and interest in the layout of housing, variations in setbacks are required as stipulated.
[3]
All housing shall be sited so as to preserve privacy.
[4]
Orientation for sun and wind shall be considered for energy conservation purposes.
[5]
Routes for vehicular and pedestrian access shall be safe and convenient without creating nuisances or detracting from privacy.
(f)
Landscaping and plantings shall be installed in accordance with the following requirements:
[1]
Plantings shall be regarded as an essential feature.
[2]
In order to enhance the appearance and marketability of housing, to provide protection from wind and sun and maintain housing values, the type, size, and location of trees and shrubs shall be consistent with Delran Township's Ordinance. Appropriate foundation plantings are encouraged.
[3]
Where possible, natural features such as a watercourse, existing trees, and rock outcrops should be preserved so that they may be incorporated into the layout to enhance the overall project design.
(g)
Roadway, stormwater management, sidewalk, curb, and all development design standards shall be consistent with Delran Township's design standards.
(h)
All units shall be served by public sewer and public water.
(i)
Open space ownership, buffers and recreation requirements shall be as follows:
[1]
Ownership arrangements of open space areas shall be as determined by the Planning Board at the time of subdivision approval. Ownership arrangements which the Township will consider include public dedication, private ownership such as homeowners' association or easements. The Township Council will have the final decision on the form of open space ownership or method of restriction.
[2]
The Planning Board may require conservation easements as an alternative to creating separate lots for open space. Conservation easements involve fee-simple lots having extended lot lines into the open space or environmentally sensitive areas, with a recorded conservation easement restricting the use and disturbance of such lands.
[3]
Common open space as designated shall be reasonably accessible to all housing units. Pedestrian links shall be provided where excessively long blocks require a circuitous route to the open space or would require an individual to utilize the main thoroughfares for access.
[4]
All open space shall be restricted against future development, except for improvements that are designed to be incidental to the natural openness of the land, by the filing of restrictive covenants and restrictions on the filed plat and deeds.
[5]
Separate parcels of open space must be interconnected where possible and well planned in relation to housing facilities.
[6]
Buffer areas are required on site where the perimeter property line abuts existing public roadways and adjacent properties. Where a buffer is required along a side or rear property line, a buffer area at least 20 feet wide shall be designated and deed restricted as a buffer area and shall be in addition to typical setback requirements. Said buffer areas shall conform to the design requirements as determined by the Planning Board at the time of subdivision approval in accordance with the standards set forth in Chapter 310, Subdivision of Land.
[7]
Senior citizen needs-related recreation facilities are required. The Planning Board may consider on-site age-appropriate recreational facilities as proposed by an applicant, but there shall be provided at least a clubhouse of appropriate size to serve the needs of the anticipated residential population of the development and an interconnected walking path system throughout the development, which system may be integrated with the sidewalks within the development. The clubhouse shall be started by the time the certificate of occupancy for the house representing 25% percent of the total units approved for development is issued and shall be completed prior to the issuance of the certificate of occupancy for the home representing completion of 50% of the homes to be built. In lieu of on-site recreation construction other than that required above, a cash contribution to Delran Township in the amount per unit as set forth in Ordinance 1991-14[1] as currently amended shall be made on a lot by lot basis as building permits are issued.
(j)
All approvals, permits and licenses of federal, state, county, local or regional entities having jurisdictional requirements for development within Delran Township for senior citizen housing shall be obtained and presented to the Planning Board prior to the final plans being signed by the Township.
§ 355-17 Density.
The maximum overall density is 2.3 units per acre, except in the small lot single-family detached senior citizen housing where the maximum permitted density is three units per acre. The density regulation shall not apply to nursing homes, life-care facilities, convalescent care facilities, or senior citizen assisted living facilities.
§ 355-18 Area and bulk standards.
A.
Minimum lot size: 15,000 square feet except:
B.
The minimum lot frontage shall be 75 feet, except that lot frontage may be measured at the front yard setback line on curvilinear streets, including cul-de-sacs.
[Amended 4-25-2006 by Ord. No. 2006-4]
C.
Minimum lot depth: 75 feet.
E.
Maximum building height: 35 feet.
[Amended 4-25-2006 by Ord. No. 2006-4]
F.
Maximum impervious coverage: 50% 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.
H.
Minimum open space requirement. Subdivision of 10 acres or larger shall set aside a minimum of 15% of the gross tract acreage for open space. Upon request, the Planning Board may allow an applicant to provide, in lieu of some or all of the required open space, additional active recreational facilities to be installed, on site or off site, as specifically approved by the Planning Board, in such amount and location as the Planning Board in its discretion shall require.
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 § 355-18I(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 eight 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)
One shed shall be permitted per lot.
(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.
J.
All utilities (including cable television and telephone lines) shall be underground.