Egg Harbor City City Zoning Code
ARTICLE X
General Regulations
§ 170-90 Purpose.
In order to protect the general health, safety and welfare of Egg Harbor City residents, the following regulations shall apply.
§ 170-91 Prohibited uses.
A.
The following uses shall be prohibited in all districts:
(1)
Automotive salvage yards or the outdoor storage of wrecked automobiles or parts thereof.
(2)
Occupied residential vehicles, travel trailers and/or boat trailers. Those parked or stored at private residences must be in rear or side yards in a manner so as to provide emergency access. In no case shall they be hooked up to utility service. No such prohibited uses shall be stored in common parking areas of apartments.
(3)
Boats shall be occupied for no more than 48 hours, and in no case shall they be hooked up to permanent utility services.
(4)
The use of any mobile home, travel trailer, tractor-trailer or similar mobile unit used for the sale of goods therefrom while parked for any period of time adjacent to any building; and the use of any mobile home, trailer, tractor-trailer, travel trailer or similar mobile unit for storage purposes for a period in excess of one week while parked adjacent to a building.
(6)
Any temporary or permanent obstructions at intersections, including the sight triangle thereof.
(7)
Any use which includes the storage of gasoline or other petroleum product not permitted by the BOCA National Fire Prevention Code, the National Fire Protection Association regulations and any pertinent regulations of the State of New Jersey.
[Amended 9-12-1991 by Ord. No. 17-1991]
(8)
Any use which includes the manufacturing of acid, cement, lime, gypsum or plaster of paris or other products emitting hazardous elements.
(9)
Any use which includes the manufacture or storage of explosives, fat, fertilizer, gas, glue, polychlorinated biphenyls, asbestos or vinyl chloride or the reduction of garbage, offal or dead animals.
(10)
Any use which involves the smelting of tin, copper, zinc or iron ores.
(11)
Any use which, by reason of emissions of odor, dust, gas, smoke or noise, is detrimental to the health, safety or general welfare of the community.
(12)
Any use which creates vibration or glare that goes beyond property lines.
(13)
The storage of combustible materials for other than on-site use and/or the refining of combustible materials.
(14)
All storage facilities for de-icing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(15)
No person shall apply any herbicide to any road or public utility right-of-way within Egg Harbor City unless necessary to protect an adjacent agricultural activity.
(16)
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.
[Added 4-6-1989 by Ord. No. 5-1989]
(17)
Motor vehicles shall not be operated on public lands pursuant to N.J.A.C. 7:50-6.143(a)2.
[Added 4-6-1989 by Ord. No. 5-1989]
B.
The prohibited uses outlined in this section are enforceable to all sections of this chapter.
§ 170-92 Nonconforming uses and structures.
A.
The otherwise lawful use of a building or land existing at the time of the adoption of this chapter may be continued, although such use does not conform to the provisions of this chapter, provided that:
(1)
Such use shall not be extended or enlarged without conforming to all regulations of the district in which it is located. The extension or enlargement shall not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, existing on January 14, 1981.
[Amended 4-6-1989 by Ord. No. 5-1989]
(2)
The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire tract or lot.
(3)
Whenever a nonconforming use is discontinued or changes to a conforming use, it shall not thereafter be changed back to a nonconforming use.
(4)
Whenever a nonconforming structure has been damaged by fire or other causes to the extent of 75% of its market value, as determined by the Construction Official, it shall be rebuilt or repaired in conformity with the regulations of the district in which it is located.
(5)
If a nonconforming use or structure ceases operations for a period of more than one year, such discontinuance will be considered as evidence of an intent to abandon, and any subsequent use shall conform to the regulations of the district in which it is located unless adequate proof is established to the contrary.
B.
Nothing in this article shall be deemed to prevent the normal maintenance and repair of any building or the carrying out, upon issuance of a building permit, of a major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Construction Official shall state the precise reason(s) to the Land Use Board why such alterations were deemed necessary.
[Amended 8-28-2014 by Ord. No. 9-2014]
C.
Any existing nonconforming use may be changed to another nonconforming use of equivalent or lesser intensity or impact, provided that such use meets all minimum standards of this chapter.
[Added 4-6-1989 by Ord. No. 5-1989]
§ 170-93 Unsafe buildings.
If the Construction Official, upon inspection, determines that an unsafe condition exists with respect to building soundness, he/she shall notify the owner of his/her findings and state his/her reasons and order the condition repaired or, in the case of signs and fences, removed within a reasonable time period.
§ 170-94 Exemption for approved final subdivisions.
A.
Any previously approved final subdivision, where a map has been filed and a bond posted and water and sewer are available, which has previously received approval from the Pinelands Commission shall be exempted from the operation of this chapter for a period of two years from the date of passage and final adoption, provided that all conditions of the City and Pinelands approvals are adhered to.
B.
Said exemption shall be granted predicated upon the payment in full of water and sewer fees, payment in full of taxes to date, posting of an acceptable performance guaranty and on the condition that the development causes no condition that will endanger the health, safety or welfare of Egg Harbor City.
§ 170-95 Undersized lots of record.
A.
The purpose of recognizing undersized lots of record is to eliminate hardships upon individual landowners in unsewered areas of Egg Harbor City. Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more in the Pinelands Area, not including the PA District, shall be entitled to develop one detached single-family dwelling on the parcel, provided that:
[Amended 7-24-1997 by Ord. No. 7-1997]
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(2)
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
(3)
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
(4)
The parcel includes all vacant contiguous lands in common ownership on or after February 7, 1979.
B.
In the PA District and the R-20F District, the owner of a lot at least 3.2 acres in size may develop the parcel for a single-family dwelling, provided that:
[Amended 4-6-1989 by Ord. No. 5-1989; 7-24-1997 by Ord. No. 7-1997]
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(2)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.
(3)
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
(4)
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years, and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.
C.
In the PA District and the R-20F District, the owner of a lot greater than one acre may develop the property for a single-family dwelling, provided that:
[Added 5-13-1993 by Ord. No. 8-1993]
(2)
The lot to be developed was privately owned and existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the interim rules and regulations prior to January 14, 1981.
(3)
The applicant qualifies for and receives from the City a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection B.
(4)
The applicant purchases and redeems 0.25 Pinelands development credits.
D.
In the R-9 District, the owner of a lot having a width between 40 feet to 60 feet may develop the parcel for a single-family detached dwelling, provided that:
[Added 2-22-1996 by Ord. No. 2-1996
(1)
The dwelling shall be connected to the municipal sewer system.
(2)
The parcel is not in common ownership with a contiguous parcel as of January 1, 1996.
(3)
The dwelling complies with all area and bulk regulations applicable to the R-9 District, except for side yard setback requirements. Dwellings developed pursuant to this section shall have a minimum side yard setback of five feet on each side.
§ 170-96 Density Transfer Program.
[Amended 5-13-1993 by Ord. No. 8-1993; 8-28-2014 by Ord. No. 9-2014]
In the R-20F District, the owner of a lot one acre or greater that was privately owned and existing as of January 14, 1981, may develop the parcel for a single-family dwelling, provided that an application is submitted and approved by the Land Use Board demonstrating:
A.
The owner of the lot proposed for development has acquired sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
B.
All lands acquired pursuant to Subsection A, which may or may not be developable, are located within the R-20F District or in that portion of the WL District located in the City's Pinelands Forest Area.
C.
All noncontiguous lands acquired pursuant to Subsections A and B above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the City or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 170.
[Amended 2-9-2012 by Ord. No. 5-2012]
§ 170-97 Residential cluster development in R-20F District. [1]
[Added 2-9-2012 by Ord. No. 5-2012]
In the R-20F District, clustering of single-family detached residences shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
A.
Permitted density: one unit per 20 acres.
B.
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A above, with a bonus applied as follows:
C.
The residential cluster shall be located on the parcel such that the development area:
D.
Development within the residential cluster shall be designed as follows:
(1)
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(3)
Individual on-site septic wastewater treatment systems that are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 170-53B(4) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 170-53B(5) or (7) shall also be permitted;
(4)
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(5)
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
E.
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Egg Harbor City or incorporated as part of one of the lots within the cluster development area.
(1)
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Egg Harbor City or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(2)
Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 170.
[1]
Editor's Note: Former § 170-97, Legislative intent, was repealed 12-6-2007 by Ord. No. 13-2007.
§ 170-97.1 Setback exceptions for handicap/wheelchair ramps on residential properties.
[Added 2-13-2020 by Ord. No. 3-2020]
The Zoning Officer may authorize installation of a handicap/wheelchair ramp within a required setback in accordance with the following criteria:
A.
The applicant has submitted a letter from a licensed physician specifying that the handicap/wheelchair ramp is necessary to accommodate a resident of the property.
B.
The handicap/wheelchair ramp shall be designed so as to encroach into the required setback the minimum distance feasible. In no case shall the ramp be closer than two feet from a property line unless in the opinion of the Zoning Officer there is no other feasible alternative to the location of the ramp.
C.
The handicap/wheelchair ramp shall not encroach into any recorded easement or into the public right of way.
D.
The encroachment into the required setback shall be removed when the individual requiring the handicap/wheelchair ramp no longer resides on the property or the ramp is no longer required.
E.
The handicap/wheelchair ramp shall be designed and constructed in accordance with the applicable provisions of the Americans with Disabilities Act (ADA).