Folsom City Zoning Code
ARTICLE IV
District Regulations
§ 200-14 Establishment of district regulations.
In order to implement the goals and objectives of the Pinelands Protection Act[1] and the Pinelands Comprehensive Management Plan and to regulate the type and location of uses, and the density and intensity with which such lands are to be utilized, the following districts, uses and limitations are hereby established within the Borough.
[1]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
§ 200-15 F. Forest Area Districts (F-20 and F-30).
[Amended 2-23-1989 by Ord. No. 217]
A.
Permitted uses. Within the Forest Area Districts, including the F-20 and F-30 Districts, no premises, lot, land, building or structure shall be used or developed and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with Table I[1] and the following regulations:
(1)
Detached single-family dwellings. Clustering of the permitted single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
[Amended 12-10-2019 by Ord. No. 07-2019]
(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(1)(a) above, with a bonus applied as follows:
Parcel Size (acres) | F-20 Zone | F-30 Zone |
|---|---|---|
Less than 50 | 0 | 0 |
50 to 99.99 | 20% | 25% |
100 to 149.99 | 25% | 30% |
Greater than or equal to 150 | 30% | 40% |
(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 which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 200-47B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection A(1)(e)[2][b] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 200-47B(5) or (7). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 200-47B(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 one-half 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, Folsom Borough 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 Folsom Borough or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
[2]
The deed of restriction shall permit the parcel to be managed for:
[a]
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 200;
[b]
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[i]
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%;
[ii]
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 cluster development;
[iii]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(1)(e)[2][b][i] or [ii] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(1)(e)[2][a] above and shall not provide for continuation of any agricultural use on the parcel;
[iv]
The deed of restriction to be recorded pursuant to Subsection A(1)(e)[2][b][i] or [ii] 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; and
[v]
For parcels which meet the standards of Subsection A(1)(e)[2][b][i] or [ii] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.
(2)
Agriculture, provided that no building, any part of which is closer to any lot line than 100 feet, shall be erected or used for the shelter of any livestock, fowl or other farm animals.
(3)
Accessory uses.
(4)
Forestry.
(5)
Fish and wildlife management.
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included as an attachment to this chapter.
B.
Conditional uses by permit. In addition to the above permitted uses for the Forest Area Districts, there shall be permitted in this district the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth herein:
(1)
Detached single-family dwellings on 3.2-acre lots or 1.0-acre lots in accordance with § 200-65A.
[Amended 4-8-1993 by Ord. No. 244]
(6)
Agricultural employee housing as an element of, and accessory to, an active agricultural operation.
(9)
Continuation of existing resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6, Part VI and § 200-55.
[Amended 5-8-1997 by Ord. No. 213A]
(10)
Detached single-family dwellings on 1.0-acre lots in accordance with § 200-63B.
[Added 4-8-1993 by Ord. No. 244]
(11)
Single-family detached dwellings which are not clustered in accordance with the standards of § 200-15A(1) above, provided that:
[Added 12-10-2019 by Ord. No. 07-2019]
(a)
The Planning Board finds that:
§ 200-16 FC Forest Commercial District.
[Amended 2-23-1989 by Ord. No. 217; 3-12-1992 by Ord. No. 233; 9-12-2007 by Ord. No. 14-2007]
A.
Permitted uses. Within the Forest Commercial District, no premises, lot, land, building or structure shall be erected or altered to be used or developed and no building shall be used in whole or in part unless it complies with Table I[1] and the following regulations:
[Amended 12-10-2019 by Ord. No. 07-2019]
(1)
Within that portion of the Forest Commercial District designated as FC-R (Forest Commercial - Receiving) on the Borough Zoning Map:
(a)
Those uses permitted in the Forest Area Districts pursuant to § 200-15A, except that single- family detached dwellings shall be permitted only if in existence as of December 10, 2019.
(b)
Roadside retail sales and service establishments, bars, taverns, garden centers, banks, auto car washes, sales and service centers, hotels, motels, theaters, offices, commercial trade training facilities and like uses to serve Pinelands residents and travelers.
(2)
Within that portion of the Forest Commercial District designated as FC-S (Forest Commercial - Sending) on the Borough Zoning Map:
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included as an attachment to this chapter.
B.
Conditional uses by permit. In addition to the above permitted uses for the Forest Commercial District, there shall be permitted the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth herein:
[Amended 12-10-2019 by Ord. No. 07-2019]
C.
Special provision applicable to nonresidential development in that portion of the Forest Commercial District designated as FC-R. Development of those permitted uses listed in § 200-16A(1)(b) may demonstrate consistency with the water quality standards of § 200-47B(4)(c) through the use of contiguous vacant lands in that portion of the Forest Commercial District designated as FC-S on the Borough Zoning Map.
E.
Building length. Development is encouraged in the form of cluster building rather than linear development. Development should be carried out in a "campus" style. Strip-type retail development is discouraged in this zone. To encourage development in that form, a significant building offset and roof offset of at least five feet is required every 60 feet of building length.
F.
Landscaping and screening. A landscaping plan must be submitted for the entire site. The plan must address buffer planting requirements, parking requirements and plantings in the public use areas and any area to remain undeveloped.
(1)
All parking islands shall be a minimum of eight feet wide.
(2)
A minimum of one shade tree and two bushes for every eight parking spaces shall be planted inside the parking area, and one shade tree for every 30 feet of curb or paving edge, not counting the planted buffer, is required.
(3)
No parking lot shall contain more than 20 spaces in a row without interruption by a landscape divider at least eight feet in width.
(4)
A fifty-foot natural buffer is required along all lot lines, excluding the lot frontage. The lot frontage shall maintain a minimum twenty-five-foot-wide natural buffer. Selective clearing is permitted only along the frontage to allow for better visibility to passing motorists. The applicant is required to submit a detailed clearing plan for approval by the Board. Buffer and landscape plantings are required to supplement the existing natural buffers when necessary.
G.
Parking requirements. The minimum parking standards for all development shall be as follows:
Use | Requirement | ||
|---|---|---|---|
Banks, savings and loans and other similar financial Institutions | 1 per 250 square feet of gross floor area | ||
Bars, cocktail lounges, nightclubs, including restaurants with bars | 1 per 50 square feet of gross floor area | ||
Barbershops, beauty salons and similar personal service establishments | 3 per chair, but not less than 1 per 200 square feet of gross floor area | ||
Churches, temples, chapel, mosque or synagogue and other places of worship | 1 per 4 seats in main congregation area; when there are no individual seats, 20 inches of bench space shall be considered as 1 seat; where seats or benches are not provided, 1 per 50 square feet of floor area in the main congregation area | ||
Community center, library, museum or art gallery | 1 per 200 square feet gross floor area | ||
Community club, private club or lodge | 1 per 100 square feet gross floor area | ||
Convalescent home, nursing home or rest home | 1 per 2 beds based on its licensed capacity | ||
Driving range or miniature golf | 1 per tee or hole | ||
Farmers' market or auction market | 1 per 1,000 square feet of site area | ||
Furniture and appliance stores; other similar uses requiring large amount of storage | 1 per 400 square feet gross floor area up to 4,000 square feet, plus 1 per 800 square feet above 4,000 square feet | ||
Hardware or auto supply stores | 1 per 400 square feet gross floor area | ||
Hospitals | 1 per 2 beds, based on its licensed capacity | ||
Manufacturing or fabrication uses | |||
For uses employing fewer than 50 persons | 5 spaces, plus 1 per employee on a maximum work shift | ||
For uses employing 50 to 120 persons | 10 spaces, plus 3 for every 4 employees on a maximum work shift | ||
For uses employing more than 120 persons | 20 spaces, plus 2 per 3 employees on a maximum work shift | ||
Mortuaries and funeral homes | 1 per 100 square feet gross floor area | ||
Nursery school, day camp and similar uses | 1 per 500 square feet gross floor area | ||
Offices, dental or medical | 1 per 200 square feet gross floor area | ||
Offices, professional | 1 per 400 square feet gross floor area | ||
Recreation facilities | To be determined by the Board | ||
Residential | Per the residential site improvement standards | ||
Restaurant, cafe or diner | 1 per 50 square feet gross floor area | ||
Retail stores | 1 per 200 square feet gross floor area | ||
Studios, art, dance, music, gymnastics and similar uses for the purpose of instruction rather than exhibition | 1 per 100 square feet gross floor area | ||
Schools | |||
Elementary | 2 per classroom, but not less than 1 per teacher and staff | ||
Intermediate | 1.5 per classroom, but not less than 1 per teacher and staff | ||
Secondary | 2.5 per classroom, but not less than 1 per teacher and staff | ||
Theaters | 1 per 3 seats | ||
Veterinary clinics and other animal care facilities | 1 per 400 square feet gross floor area | ||
Warehousing or distribution uses | |||
Building having less than 20,000 square feet of gross floor area | 5 spaces, plus 1 per 1,200 square feet of gross floor area | ||
Building greater than 20,000 square feet of gross floor area | 10 spaces, plus 1 per 2,000 square feet of gross floor area | ||
Wholesale, machinery or large equipment sales | 1 per 1,000 square feet gross floor area | ||
H.
Signage. To the maximum extent practical, the character, composition and construction materials of all signs shall be harmonious with the rural character of the Pinelands. There shall be no flashing or neon signs permitted in the Borough.
[Amended 12-10-2019 by Ord. No. 07-2019]
§ 200-17 RD Rural Development District.
A.
Permitted uses. Within the Rural Development District, no premises, lot, land, building or structure shall be used or developed and no building or structure shall be erected or altered to be used in whole or in part, unless it complies with Table I[1] and the following regulations:
[Amended 2-23-1989 by Ord. No. 217]
(1)
Detached single-family dwellings. Clustering of the permitted single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
[Amended 12-10-2019 by Ord. No. 07-2019]
(a)
Permitted density shall be one unit per 5.5 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(1)(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 which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 200-47B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection A(1)(e)[2][b] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 200-47B(5) or (7). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 200-47B(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 one-half 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, Folsom Borough 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 Folsom Borough or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
[2]
The deed of restriction shall permit the parcel to be managed for:
[a]
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 200;
[b]
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[i]
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%;
[ii]
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 cluster development;
[iii]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(1)(e)[2][b][i] or [ii] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(1)(e)[2][a] above and shall not provide for continuation of any agricultural use on the parcel;
[iv]
The deed of restriction to be recorded pursuant to Subsection A(1)(e)[2][b][i] or [ii] 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; and
[v]
For parcels which meet the standards of Subsection A(1)(e)[2][b][i] or [ii] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.
(2)
Churches and other places of worship, Sunday school buildings and parish houses for the presbyter and ministerial staff, provided that such use constitutes a tax-exempt organization duly recognized as such pursuant to the United States Internal Revenue Code or any such future corresponding provisions of the United States Code as may hereinafter be duly enacted.
(3)
State-accredited public and parochial schools and colleges, private schools and colleges for academic instruction.
(4)
Public recreational and community center buildings and grounds.
(5)
Public libraries and museums.
(6)
Parks and playgrounds.
(7)
Private nonprofit recreational and community buildings, clubs, swimming pools and activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs, camps, veterans or fraternal organizations which are not of a commercial character.
(8)
Buildings used exclusively by the federal, state, county or municipal government for public purposes but not including workshops, warehouses, storage yards or correctional institutions.
(9)
Stables housing horses in accordance with this chapter and noncommercial dog kennels housing not more than six dogs, provided that no building or enclosures shall be permitted within 50 feet of any lot line.
(10)
Agriculture, provided that no building, any part of which is closer to any lot line than 100 feet, shall be erected or used for the shelter of any livestock, fowl or other farm animals.
(11)
Accessory uses.
(12)
Agricultural commercial establishments used to sell farm produce, provided that such establishment is set back at least 50 feet from a public street or curbline or curbline of a private street.
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included as an attachment to this chapter.
B.
Conditional uses by permit. In addition to the above permitted uses for the Rural Development District, there shall be permitted in this district the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in this chapter:
(3)
Detached single-family dwellings on 3.2-acre lots or 1.0-acre lots in accordance with § 200-65A.
[Amended 4-8-1993 by Ord. No. 244]
(4)
Nursery schools and day-care centers.
(5)
Cemeteries.
(7)
Roadside retail sales and service establishments, bars, taverns and nightclubs, garden centers, banks, auto car washes, sales and service centers, hotels, motels, theaters, offices and like uses to serve Pinelands residents and travelers.
(8)
Detached single-family dwellings on 1.0-acre lots in accordance with § 200-63B.
[Amended 2-23-1989 by Ord. No. 217]
(9)
Single-family detached dwellings which are not clustered in accordance with the standards of § 200-17A(1) above, provided that:
[Added 12-10-2019 by Ord. No. 07-2019]
§ 200-17.1 RDC Rural Development Commercial District.
[Added 12-10-2019 by Ord. No. 07-2019]
A.
Permitted uses. Within the Rural Development Commercial District, no premises, lot, land, building or structure shall be erected or altered to be used or developed and no building shall be used in whole or in part unless it complies with Table 1[1] and the following regulations:
(1)
Recreational facilities, other than amusement parks;
(2)
Agricultural products sales establishments;
(3)
Agricultural processing facilities and other light industrial uses;
(4)
Community commercial uses consisting of roadside retail sales and service establishments, bars, taverns, restaurants, garden centers, banks, auto car washes, sales and service centers, hotels, motels, theaters, offices, commercial trade training facilities and like uses to serve Pinelands residents and travelers;
(6)
Accessory uses;
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations), is included as an attachment to this chapter.
B.
Prohibited uses. The following uses are specifically prohibited in the Rural Development Commercial District:
C.
Building length. Development is encouraged in the form of cluster building rather than linear development. Development should be carried out in a "campus" style subject to limitations based on site size and configuration. Strip-type retail development is discouraged in this zone. To encourage development in that form, a significant building offset and roof offset of at least five feet is required for every 60 feet of building length.
D.
Landscaping and screening. A landscaping plan must be submitted for the entire site. The plan must be consistent with § 200-43D and address buffer planting requirements, parking requirements and plantings in the public use areas and any area to remain undeveloped.
(1)
All parking islands shall be a minimum of eight feet wide.
(2)
A minimum of one shade tree and two bushes for every eight parking spaces shall be planted inside the parking area, and one shade tree for every 30 feet of curb or paving edge, not counting the planted buffer, is required.
(3)
No parking lot shall contain more than 20 spaces in a row without interruption by a landscape divider at least eight feet in width.
(4)
A twenty-five-foot natural buffer is required along all lot lines, excluding the lot frontage. The applicant is required to submit a detailed clearing plan for approval by the Board. Buffer and landscape plantings are required to supplement the existing natural buffers when necessary.
E.
Parking requirements. The minimum parking standards for all development shall be in accordance with the parking requirements set forth for the Forest Commercial District at § 200-16G.
F.
Conditional uses. In addition to the above permitted uses for the Rural Development Commercial District, there shall be permitted in this district the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in this chapter:
§ 200-18 VR Village Residential District.
A.
Permitted uses. Within the Village Residential District, no premises, lot, land, building or structure shall be used or developed and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with Table I[1] and the following regulations:
[Amended 2-23-1989 by Ord. No. 217]
(1)
Detached single-family dwellings.
(2)
Rest homes and convalescent homes, not to exceed 10 beds for patients.
(3)
Churches and other places of worship, Sunday school buildings and parish houses for the presbyter and ministerial staff, provided that such use constitutes a tax-exempt organization duly recognized as such pursuant to the United States Internal Revenue Code of 1954 or any such future corresponding provisions of the United States Code as may hereinafter be duly enacted.
(4)
State-accredited public and parochial schools and colleges, private schools and colleges for academic instruction.
(5)
Public recreational and community center buildings and grounds.
(6)
Public libraries and museums.
(7)
Parks and playgrounds.
(8)
Private nonprofit recreational and community buildings, clubs, swimming pools and activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs, camps, veterans or fraternal organizations which are not of a commercial character.
(9)
Buildings used exclusively by the federal, state, county or municipal government for public purposes but not including workshops, warehouses, storage yards or correctional institutions.
(10)
Public utilities structures, but not including storage and maintenance uses and garages or power-generating facilities.
(11)
Stables housing horses in accordance with this chapter.
(12)
Noncommercial dog kennels housing not more than two dogs on a one-acre lot nor more than six dogs on any lot.
(13)
All farms and agricultural activities and uses of land, including nurseries, livestock and poultry raising, provided that no building, any part of which is closer to any lot line than 100 feet, shall be erected or used for the shelter of any other livestock, fowl or other farm animals. No such use as specified in this Subsection A(13) shall be permitted on any lot less than six acres in area.
(14)
Accessory uses.
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
B.
Conditional uses by permit. In addition to the above permitted uses for the Village Residential District, there shall be permitted in this district the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in this chapter:
C.
Any municipal variance approval which grants relief from the lot area requirements set forth in the Schedule of Use, Area, Yard and Bulk Regulations[2] for the VR District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 4-8-1993 by Ord. No. 244]
[2]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
§ 200-19 VI Village Industrial District.
A.
Permitted uses. Within the Village Industrial District no premises, lot, land, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with Table I[1] and the following regulations:
[Amended 2-23-1989 by Ord. No. 217]
(1)
Public buildings and grounds.
(2)
Recreational uses.
(3)
Buildings used exclusively by the federal, state, county or municipal government for public purposes.
(4)
Public utilities.
(5)
Forestry.
(6)
Fish and wildlife management.
(7)
Offices and office buildings.
(8)
Storage and wholesale distribution centers and warehouses.
(9)
Laboratories of an experimental, research or testing nature.
(10)
Commercial uses.
(11)
Agriculture.
(12)
Retail, wholesale, service uses, taverns, restaurants, garden centers, hotels, motels, offices and like uses to serve Pinelands residents, travelers and the agricultural community.
(13)
Agricultural-commercial uses, including farm markets, processing and packaging facilities, sales and services of machinery and implements and other retail and wholesale uses providing items necessary or related to agriculture.
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
§ 200-20 AG Agricultural Production District.
A.
Purpose. The purpose of this district is to protect areas of agricultural use, together with other areas of prime and unique agricultural soils suitable for agricultural use.
B.
Permitted uses. Within the Agricultural District, no premises, lot, land, building or structure shall be erected or altered to be used in whole or in part, unless it complies with Table I[1] and the following regulations:
[Amended 2-23-1989 by Ord. No. 217]
(1)
Agriculture.
(2)
Forestry.
(3)
Fish and wildlife management.
(4)
Pinelands development credits.
(5)
Agricultural products processing facilities.
(6)
Signs.
(7)
Accessory uses.
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
C.
Conditional uses by permit. In addition to the above permitted uses for the Agricultural District, there shall be permitted in this district the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board subject to the standards and regulations set forth in this chapter:
(1)
Residential dwellings on 3.2-acre lots or 1.0-acre lots in accordance with § 200-65A.
[Amended 4-8-1993 by Ord. No. 244]
(2)
Residential dwelling units not to exceed a gross density of one unit per 10 acres, provided that:
(a)
The dwelling is accessory to an active agricultural operation.
(b)
The dwelling is for an operator of or employee of the farm and essential to the agricultural operation.
(c)
The dwelling is located on a lot which is under or qualifies for agricultural assessment.
(d)
The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area.
(e)
A residential lot has not been subdivided from the property within the previous five years, unless the lot has been subdivided pursuant to § 200-65A of this chapter.
[Amended 2-14-1991 by Ord. No. 228]
(f)
No more than one lot may be created for a dwelling pursuant to this subsection at any one time.
[Added 2-14-1991 by Ord. No. 228]
(3)
Residential dwelling units at a gross density of one unit per 40 acres, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(a)
The unit(s) shall be clustered on one-acre lots;
(b)
The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel; and
(c)
The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.
(5)
Airports and heliports which are accessory to agricultural uses and are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation.
(6)
Waste management facilities in accordance with N.J.A.C. 7:50-5.24(b)8 and N.J.A.C. 7:50-6, Part VII.
[Amended 5-8-1997 by Ord. No. 213A]