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 by this chapter as permitted uses in each zone, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the area and bulk requirements, off-street parking requirements and all other regulations and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy applying thereto shall become void.

As a condition of the approval of a development plan, the Planning Board and/or Zoning Board of Adjustment may impose such appropriate and reasonable conditions and restrictions and permit such modification as it may deem necessary for the protection of the property in the neighborhood or in the interests of the public health, safety and welfare and the other objectives of zoning as set forth in the laws of New Jersey in order to carry out the purposes, spirit and intent of this chapter.[1]

No part of any structure shall be built within a wetland or transition/buffer area except as specifically allowed through a permit issued by the New Jersey Department of Environmental Protection or New Jersey Pinelands Commission.

Existing natural features, such as trees, brooks, drainage channels and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

Undersized lots of record. Any parcel with an area or width less than prescribed for a lot in the zone in which the lot is located, which parcel was under one ownership at the date of the adoption of this chapter, may be used as a lot for any purpose permitted in the zone, provided that the minimum requirements for such lot shall be 20,000 square feet of lot size and 100 feet of lot width, further provided that the minimum side yard area for any building shall be no less than 15 feet, and further provided that all other regulations prescribed for the zone by this chapter are complied with. Lots of not less than 20,000 square feet and 100 feet of width which are not of the required minimum area or width of the zone in which they are located may be used for any purpose permitted in the zone in which they are located only if such lots were included in a major subdivision plan which was either duly approved under the Municipal Planning Act of 1953 prior to the effective date of this chapter but subsequent to January 1, 1954 (the effective date of such act), or which subdivision was granted preliminary approval under said Act prior to the effective date of this chapter but within three years from the effective date of such preliminary approval, and provided further that the final subdivision plat in either instance shall have been duly recorded in the office of the County Clerk within the time prescribed by law.

Height. The height limitations of this chapter shall not apply to silos, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose 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 limit not more than five feet, provided that the developer shall increase the front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, and in no case shall any building have a height greater than 50 feet unless explicitly permitted by this chapter.

Accessory buildings: side and rear yards. Unless otherwise superseded by the area and bulk standards governing a specific district or conditional use standard, no accessory structure shall be permitted in a front yard area and shall be subject to the maximum permitted size and height and setback requirements:

A private garage that is attached to a principal structure is considered part of the principal structure and is not included in any calculations regarding maximum height or size of an accessory structure, but shall be included in any calculations of the requirements for a principal structure.

Off-street parking shall be provided as specified in this chapter and shall be furnished with necessary passageways. All such space shall be deemed to be required space on the lot on which it is situated and shall not be encroached upon or reduced in any manner except as part of a common or shared parking plan pursuant to Subsection K. The minimum parking spaces required by § 253-93A, passageways and driveways (except when provided in connection with one- or two-family residences) shall be surfaced with a dustless, durable all-weather pavement, clearly marked for car spaces, and shall be adequately drained, subject to the approval of the Township Engineer. All parking spaces in excess of the minimum shall be clearly marked for car spaces and constructed using grass (or turf) pavers, turf rings or other means accepted by the approving agency. The intent is to reduce the perception of large asphalt areas and promotion of on-site drainage.

Exceptions to setback requirements. A parking area shared by uses located on two or more adjacent lots may extend to and over the boundary lines of the lots it serves, provided that the outer perimeter of the parking area complies with the setback requirements.

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

All parking areas and appurtenant passageways and driveways serving commercial uses shall be adequately illuminated during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial uses to protect against adjacent residential zones from the flare of such illumination and from that of automobile headlights.

Access to nonresidential uses and related off-street parking shall be from a nonresidential street. The nature of the street is determined by the dominant (greater than 50%) zoning usage on both sides of the street within the block of the nonresidential uses.

[1]Whenever after the date of this chapter there is a change in the number of employees or business visitors or in the lawful use of the premises and whenever such change creates a need for an increase or decrease of more than 20% of the number of off-street automobile parking facilities they shall be provided within a reasonable time not to exceed 120 days on the basis of the adjusted needs.

In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses computed separately.

Adequate provision shall be made for the disposal of stormwater, ensuring that such water shall not flow onto or impede the flow of water on adjoining properties or adjacent sidewalks in a quantity or manner that would be detrimental thereto or inconvenient to persons using the sidewalk.

A structurally sound wall or other abutment to ensure safety shall be installed around each side of the parking lot where said lot adjoins a public street, sidewalk or alley. An adequate retaining wall wherever necessary to prevent the washing of soil to adjoining property shall be provided.

Common and shared parking. Common and shared parking areas and accessways shall be permitted and encouraged subject to the following:

Off-street parking spaces.

Truck berths.

Loading and unloading space. Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.

Continuation. Any lawful use of a building or land existing or authorized by a building permit at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter.

Expansion of nonconforming one- and two-family dwellings. When one or more setbacks of any lawfully existing one- or two-family dwelling have been rendered nonconforming by the adoption of this chapter or by other government action, excluding the granting of a setback variance, the building may be expanded within the nonconforming setback area, provided that:

Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification. Whenever a nonconforming use of a building or land has been changed to a use or a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.

Restoration. A nonconforming building partially destroyed by fire, explosion, flood or other phenomenon, or legally condemned, may be reconstructed and used for the same nonconforming use, provided that:

Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceased for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with the provisions of this chapter.

No building may be erected, altered or used and no lot or premises may be used in or within 50 feet of a residence district for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard, whether by fire, explosion or otherwise. In a commercial district, no noxious, offensive or hazardous use shall be permitted.

Attached or semidetached buildings used in whole or in part as dwellings and multiple dwellings, except on conversion, shall not be permitted in any district.

No more than one residential use shall be permitted on one lot unless specifically permitted in this chapter.

The stockpiling or placement on any land or the filling of any area with soil that is contaminated or has been treated for contamination, sewage sludge or dredge spoil materials. This shall not include the temporary on-site storage of contaminated soil excavated as part of an environmental investigation or remediation under the jurisdiction of federal or state environmental agencies.

The use of sewage sludge or dredge spoil material as a soil amendment or fertilizer on any parcel of land in the Township, including land used for agricultural purposes.

Classes 5 and 6 of cannabis establishments or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.

Agricultural uses. Agricultural use shall mean the use of the premises for common farm site activities, including, but not limited to, production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management and grazing.

Substandard lots. 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 shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

Pinelands social and cultural exemptions. The following uses shall be permitted in the Pinelands Area regardless of other restrictions set forth in Articles XXVII through XXXII of this chapter:

Notwithstanding the use restrictions contained in Articles XXVII through XXXII, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in this section or Article VIII, may be expanded or altered, provided that:

No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands.

Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.

Height limitations.

Density transfer program, existing lots. Residential dwelling units on lots of one acre existing as of January 14, 1981, shall be permitted in the PR-R District, provided that: