Estell Manor City Zoning Code
ARTICLE VI
General Regulations
§ 380-23 General.
[Amended by Ord. No. 89-4; 11-14-2018 by Ord. No. 04-2018]
General. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the Schedule of Area, Yard and Bulk Requirements[1]; nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and all other regulations designated in the revised schedule and this chapter for the zone district in which the building or space is located. In the event of any such unlawful encroachment or reduction, the building or use shall be deemed to be in violation of this chapter, and the building permit and all other permits shall become void. No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management and recreational development on agricultural lands.
[1]
Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.
§ 380-24 Frontage on public street.
Every principal building shall be built upon a lot with frontage on a public street which has been improved to meet the approval of the City standards or for which the improvement has been insured by the posting of a performance guaranty pursuant to the provisions of Chapter 340, Subdivision of Land.
§ 380-25 Irregularly shaped lots.
In the case of irregularly shaped lots, the minimum lot width specified in the schedule shall be measured at the rear line of the required front yard area, provided that in no case shall the frontage or the distance between side lot lines be reduced to less than 50% of the minimum frontage requirement.
§ 380-26 Principal building.
No residential lot shall have erected upon it more than one principal building, and no yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
§ 380-27 Yards.
[Amended by Ord. No. 85-4]
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirement for the zone in which it is located, except that in the case of corner lots in RV Village Residence Zones and R-5 Residence Zones, the minimum front yard requirement for that portion of the lot in question facing on the street having the larger frontage shall be 100 feet.
§ 380-28 Hedge, fence or wall at intersection of streets.
At the intersection of two or more streets, no hedge, fence or wall, other than a single post or tree not exceeding one square foot in cross section, which is higher than three feet above curb level, nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining points each 25 feet distant from the intersection along the street lines.
§ 380-29 Artificial lights.
No artificial lights shall be used by any building or premises which, because of intensity, location, color or any other factor, disturb the comfort, health or safety of those residing, working or using public property, including streets within the range of the lights.
§ 380-30 Conflict with Master Plan or Official Map.
Where a building lot has frontage upon a street which on the Master Plan or Official Map of the City is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
§ 380-31 Accessory structures.
A.
No accessory structure shall be closer to any principal building than a distance equal to the height of the building unless it is attached to and is part of the principal building.
B.
No accessory structure shall exceed a height of 16 feet in residential areas. Defined height for accessory structures only, shall be measured as follows: the vertical distance measured from grade to the highest point of the roof for flat roofs, to the deck line for mansard roofs. Any roof that has a gable end, shall be measured to the center of the gable end, that center of a gable end is known to be the "mean height line." This same measurement practice will be used for hip and gambrel type roofs as well. The formula used to find the mean height line on a gable end is defined as follows: measure from the bottom of the eave, to the top of the roof ridge, and then divide that measurement in half. This divided measurement is the mean height line. Then add the wall height (from grade to top of the wall) to the mean height line measurement. This will be the total measurement for finished roof height. No accessory structures shall have more than one story. This subsection was drafted for residential zoned areas only, with no commercial and/or business use allowed. Should the Zoning Officer find that such applicant has misrepresented their use, for the purpose of commercial use, or a business, the applicant and/or the owner of said property shall be fined a fee as provided in Chapter 1, Article II, General Penalty, of the Code of the City of Estell Manor, until said building is removed or dismantled with the Zoning Officer's complete inspection and his report is submitted to this Planning Board for its review of satisfactory completion, and to be in compliance with this chapter.
[Amended 3-13-2007 by Ord. No. 04-2007; 6-6-2007 by Ord. No. 11-2007; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C.
No accessory structure shall be located in a required front yard.
D.
Patios and unroofed porches may extend into side and rear yards to a point not less than 10 feet from the lot line.
E.
No accessory building shall be used for residence purposes, except for a chauffeur or gardener or for housing servants of the family and where there are more than two living rooms therein; and such building shall be at least 25 feet distant from any lot line.
§ 380-32 Prohibited uses.
[Amended by Ord. No. 82-6]
A.
Any use not specifically permitted in a zone established by this chapter is hereby specifically prohibited from that zone; and the following uses and activities are specifically prohibited in any zone in the City.
(1)
Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.
(2)
Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
(3)
Any trade, industry or purpose that is noxious or offensive by reason of emission of odor, dust, smoke, gas or noise. The standards of the Air Pollution Control Commission of New Jersey shall be the enforcement standard for this provision.
(4)
Residential structures without permanent foundations, including, without limitation, mobile homes and mobile home parks; or without permanent connection to utilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(5)
The use of a lot in any zone primarily for the storage of bulk oil or gasoline above the ground.
(6)
The business of selling defunct or junked motor vehicles or parts or used lumber or building material or the storage thereof.
(7)
Junkyards, automobile wrecking yards or disassembly yards, motor vehicle salvage operations or the sorting or bailing of scrap metal, paper, rags or other scrap material.
(8)
The manufacture of explosives, volatile chemicals or any uses which would produce a similar hazard or nuisance, such as but not limited to the following industrial uses: abattoir; acetylene gas manufacture and/or storage; acid manufacture, hydrochloric, nitric, acrid, sulfuric, sultonous or carbolic; ammonia, bleaching powder or chlorine manufacture; arsenal; asphalt manufacture or refining; blast furnace; celluloid manufacture; lime gypsum, plaster of paris manufacture: coal distillation; coke ovens; creosote treatment or manufacture; dead animal and offal reduction; distillation of bones, coal, petroleum, refuse grain or wood; distillation of tar; explosives, fireworks and gunpowder manufacture or storage; fat rendering; fertilizer manufacture; forge plant, incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal; oil cloth or linoleum manufacture; ore reduction; petroleum or kerosene refining, distillation or derivation of by-products and/or storage; potash works; rolling mill; steel furnace; blooming mill; stockyards; rubber treatment or reclaiming plant; the use of any premises or building in such a manner that the health, morals, safety or welfare of the community may be endangered; signs or similar devices which move or have moving parts or moving lights or any light or part simulating movement.[1]
§ 380-33 General modifications.
[Amended by Ord. No. 78-13; Ord. No. 82-6; Ord. No. 83-4; Ord. No. 89-4; Ord. No. 89-11; Ord. No. 93-9; Ord. No. 94-4; Ord. No. 97-3]
The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated.
A.
Height. The height limitations of this chapter shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. The height limitations of this chapter shall also not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met. The structures enumerated above as exempt from the height limitations shall, however, be erected only to such height as is necessary to accomplish the purposes they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limitation no more than five feet.
B.
Projection. Chimneys, cornices or eaves may project into any front, side or rear yard not more than 24 inches, provided that the total area of the projection does not exceed nine square feet. An open or lattice-enclosed fire escape or fireproof outside stairway may project into any yard not more than 25% of the distance from the building wall to the lot line. There shall be no other projections into yards of more than four feet. Under no circumstances shall any projection be closer to any lot line than two feet in any residential zone.
C.
Undersized lots of record. Any parcel of land, other than in an SD Zone, with an area or width less than that prescribed for a lot in the zone in which said lot is located may be used as a lot for any purpose in the zone in which said lot is located, provided that a conditional use permit be obtained for the same and that the following conditions are met.
(1)
The parcel was not in common ownership with a contiguous parcel on February 7, 1979, unless said parcel was included in a subdivision approved by the Pinelands Commission after said date, as well as by the approval agency of the City of Estell Manor having jurisdiction of the same, provided that all conditions attached to said subdivision approvals have been met.
(2)
Any owner of two or more contiguous parcels of land whose total area or width is less than that prescribed for a lot in the zone in which said lot is located may elect to treat all of the contiguous parcels as one parcel for purposes of this section.
(3)
The minimum area requirements for such lot shall be one acre of lot size and 150 feet of lot width.
(4)
The minimum side yard area for any building shall be no less than 20 feet.
(5)
To qualify as an undersized lot of record under this subsection, in addition to meeting the above requirements, said lot must have been included in a subdivision plat which was either:
(a)
Duly approved by the approval agency having authority to approve the same, provided that all conditions of approval have been met and that all instruments required to be recorded in the office of the County Clerk have been so recorded within the time provided by the law then in effect; provided, however, that, in the case of any major subdivision which was given preliminary approval prior to the effective date of Ord. No. 82-6, the parcel included in said subdivision meeting all other requirements set forth above shall qualify under this section if final approval is received within three years from the date of preliminary approval, and said final approval is duly recorded in the office of the County Clerk within the time required by law; or
(b)
Said parcel was included in a subdivision plat which was approved under the Municipal Planning Act of 1953 prior to December 30, 1968, but subsequent to January 1, 1954 (the effective date of the Act); or
(c)
The records of the City of Estell Manor indicate that said parcel was in existence as the result of a subdivision which had legally been approved prior to January 1, 1954.
(6)
The front yard shall be as close to 200 feet as practicable, taking into consideration the depth of the lot in question.
(7)
To the extent practicable, the requirements of the Schedule of Area, Yard and Bulk Requirements[1] for the use in question and for the zone in question shall be adhered to.
[1]
Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.
D.
Ratio of lot width to lot depth. No new lot exceeding 900 feet in depth shall be created by subdivision of a lot existing on November 26, 1974, in which the lot depth is more than four times the lot width.
E.
Density transfer program. Single-family dwellings on lots of at least one acre existing as of January 14, 1981, shall be permitted in the SD, R-5 and R-10 Zones, provided that:
(1)
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
(a)
Three and two-tenths acres if development is proposed in the SD Zone and all acquired noncontiguous lands are also located in the SD Zone.
(b)
Four and five-tenths acres if development is proposed in the SD Zone and all acquired noncontiguous lands are located in the R-5 Zone.
(c)
Eight acres if development is proposed in the SD Zone and all acquired noncontiguous lands are located in the R-10 Zone.
(d)
Eighteen acres if development is proposed in the SD Zone and all required noncontiguous lands are located in the R-25 or C Zones.
(e)
Five acres if development is proposed in the R-5 Zone and all acquired noncontiguous lands are also located in the R-5 Zone.
(f)
Nine acres if development is proposed in the R-5 Zone and all acquired noncontiguous lands are located in the R-10 Zone.
(g)
Twenty-one acres if development is proposed in the R-5 Zone and all required noncontiguous lands are located in the R-25 or C Zones.
(h)
Ten acres if development is proposed in the R-10 Zone and all acquired noncontiguous lands are also located in the R-10 Zone.
(i)
Twenty-four acres if development is proposed in the R-10 Zone and all acquired noncontiguous lands are located in the R-25 or C Zones.
(j)
If the required noncontiguous lands are in more than one zone, the minimum number of acres required for the zone requiring the higher acreage shall apply.
(2)
If development is proposed in the SD Zone, all lands acquired pursuant to § 380-33E(1) above, which may or may not be developable, are located within the SD, R-5, R-10, C or R-25 Zones.
(3)
If development is proposed in the R-5 Zone, all lands acquired pursuant to § 380-33E(1) above, which may or may not be developable, are located within the R-5, R-10, C or R-25 Zones.
(4)
If development is proposed in the R-10 Zone, all lands acquired pursuant to § 380-33E(1) above, which may or may not be developable, are located within the R-10, C or R-25 Zones.
(5)
All noncontiguous lands acquired pursuant to Subsection E(1) through (4) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 11-14-2018 by Ord. No. 04-2018]
(a)
The deed of restriction shall permit the parcel to be managed for:
[1]
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the parcel may be cleared, no more than 1% of the parcel may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;
[2]
Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:
[a]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[c]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection E(5)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection E(5)(a)[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant to Subsection E(5)(a)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(b)
The deed of 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. The deed restriction shall be in a form to be approved by the City Solicitor and the Pinelands Commission.
(6)
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed with a nominal value to be assigned to the land not be developed.
(7)
The lot proposed for development otherwise meets the minimum standards of § 380-42 of this chapter.
(8)
Both parcels of land shall be maintained as a combined unit in accordance with all applicable laws and ordinances. Any violation on one parcel shall be considered a violation regarding all applicable parcels. Specifically, all parcels must adhere to the provisions of §§ 249-3 through 249-6 of the Code of the City of Estell Manor, but this subsection shall not be limited to these enumerated provisions.
§ 380-34 Construction trailers.
[Amended by Ord. No. 86-10]
A.
Permits for construction trailers shall be issued by the Zoning Officer, shall be valid for a period of six months from the date of issuance and shall be renewable for a like period of time. A fee shall be charged for each six-month period, as provided in Chapter 185, Article III, Fees for City Services. This shall be in addition to any other fees which may be required under the provisions of § 340-14.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
No construction trailer permit shall be issued by the Zoning Officer unless a building permit for the land on which the construction trailer is to be located has been issued.
C.
Construction trailers shall be removed within 60 days after issuance of a certificate of occupancy for the building for which the building permit referred to herein was issued or the date of revocation of such building permit.
§ 380-35 Inland and coastal wetlands.
[Amended by Ord. No. 82-6; Ord. No. 83-4]
The purpose and intent of this section is to prevent excessive and unsafe development in areas deemed inappropriate for such development by reason of flood danger and related conditions and hazards; to minimize danger to public health by protecting the water supply, recharge areas and natural drainage systems; and to promote the health, safety and welfare of the City's residents and property owners in and near beds and other areas subject to flooding. It is recognized that coastal and inland wetlands constitute a vital element of the ecological character of the City and the Pinelands and provide habitats for certain threatened and endangered plant and animal species and play many other important roles, including the maintenance of surface water and groundwater quality. The following regulations shall apply in order to accomplish these aims:
A.
Flood hazard areas. There are hereby designated within the City flood hazard areas composed of those portions of coastal and inland wetlands which are within the one-hundred-year floodplain as defined by the United States Department of Housing and Urban Development, Flood Insurance Administration, the boundary of which is delineated on the map made a part of this chapter and referred to as the "Flood Hazard Map."[1] The areas within such boundaries shall constitute the FH Flood Hazard Zone and shall be subject to the uses enumerated for said zone under § 380-17 above.
[1]
Editor's Note: Said Flood Hazard Map is on file in the office of the City Clerk.
B.
Performance standards for development in flood hazard area outside wetlands. Any development carried out in the portion of the Flood Hazard Zone which is outside the wetlands shall be as a conditional use, provided that the requirements of § 380-58 are met.
C.
Wetlands transitional areas. Outside the flood hazard area, but within the area classified as coastal or inland wetlands by N.J.A.C. 7:50, the uses shall be limited to those permitted in an FH Flood Hazard Zone, in addition to accessory structures or buildings not exceeding 150 square feet of floor area and subject to the provisions of § 380-59 of this chapter.
D.
Performance standards for development in and near wetlands. No development in the Pinelands Area shall be carried out in a wetland or within 300 feet of a wetland unless the applicant obtains a conditional use permit under the provisions of § 380-59.
E.
Allocated densities in wetlands. All coastal and inland wetlands located outside the flood hazard area shall have a residential density equivalent to 2/5 of the density of the zone containing such wetlands.
§ 380-36 Registration and transfer of Pinelands development credits.
[Amended by Ord. No. 93-9]
A.
Registration of Pinelands development credits. Any person receiving Pinelands development credits shall, within 10 days of being issued a certificate for the same by the New Jersey Pinelands Development Bank, register the Pinelands development credits with the Clerk of the City of Estell Manor. Said registration shall consist of supplying the Clerk of the City of Estell Manor with a copy of the Pinelands development credit certificate as well as the street address and tax lot and block number of each parcel affected by the Pinelands development credit certificate. A fee, in such amount as provided in Chapter 185, Article III, Fees for City Services, shall be charged for each Pinelands development credit certificate so registered.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B.
Clerk to notify Planning Board. The Clerk of the City of Estell Manor shall, immediately following said registration of Pinelands development credits, notify the Secretary of the Planning Board of the registration of the same and shall include in said notification the street address and lot and block number of each parcel included in the certificate.
[Amended 11-5-1997 by Ord. No. 97-6]
C.
Transfer of the Pinelands development credits. In each case where Pinelands development credits which have been registered with the Clerk of the City of Estell Manor are transferred, the City Clerk shall be immediately notified by the purchaser of said purchase, and the Clerk shall note the same on the register, advising the Secretary of the Planning Board of the transfer of said credits. Said credits shall no longer be available for transfer until such time as a certificate to the contrary is issued by the New Jersey Pinelands Development Bank.
[Amended 11-5-1997 by Ord. No. 97-6]
D.
Registration of Pinelands development credits emanating from lands outside Estell Manor. Whenever a person or firm is authorized to purchase Pinelands development credits emanating from premises not located within the City of Estell Manor, notice of said transfer shall be forwarded to the Clerk of the City of Estell Manor within 10 days of the same. The Clerk of the City of Estell Manor shall note such transfers on the register of Pinelands development credits, including the location, tax lot and block, municipality and county of the premises from which said Pinelands development credits are generated. A copy of said notification shall be sent by the Clerk of the City of Estell Manor to the Secretary of the Planning Board. A fee shall be charged for said registration, in such amount as provided in Chapter 185, Article III, Fees for City Services.
[Amended 11-5-1997 by Ord. No. 97-6; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
E.
Notification of Pinelands development credits emanating from premises located within Estell Manor for use with lands located outside City. Whenever a person or firm shall transfer Pinelands development credits emanating from premises located within the City of Estell Manor, but for utilization for premises located outside the boundaries of the City of Estell Manor, notice of said transfer shall be forwarded to the Clerk of the City of Estell Manor within 10 days of the same. The Clerk of the City of Estell Manor shall note such transfers on the register of Pinelands development credits, including the location, tax lot and block, municipality and county of the premises to which said Pinelands developments credits are transferred. A copy of said notification shall be sent by the Clerk of the City of Estell Manor to the Secretary of the Planning Board. A fee shall be charged for said registration, in such amount as provided in Chapter 185, Article III, Fees for City Services.
[Amended 11-5-1997 by Ord. No. 97-6; at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 380-37 Authority of Zoning Officer to allow special barrier-free access for disabled persons.
[Added 12-15-2004 by Ord. No. 0-7-1999]
A special barrier-free access shall be permitted to a residential dwelling to exceed the requirements, maximum limitations or minimum limitations of the Schedule of Area, Yard and Bulk Requirements,[1] provided that:
A.
The Zoning Officer be presented with documentation in the form of a doctor's certification that at least a single identified individual residing in that dwelling requires special barrier-free access and approval of the Zoning Officer for same.
B.
The special barrier-free access is located and constructed in the least obtrusive manner possible and built in accordance with the Uniform Construction Code.
[1]
Editor's Note: The Schedule of Yard, Area and Bulk Requirements is included as an attachment to this chapter.