Franklin Township Gloucester County
City Zoning Code
City Zoning Code
ARTICLE X
General Zoning Provisions
§ 253-89 Applicability of regulations.
A.
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.
B.
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]
[1]
Editor's Note: Former Subsection C, regarding residential minimal square footage requirements, added 6-26-1984 by Ord. No. O-9-84, was repealed 12-28-1999 by Ord. No. O-12-99.
§ 253-90 Preservation of natural features.
A.
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.
[Amended 12-28-1999 by Ord. No. O-12-99]
B.
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.
§ 253-91 Permitted modifications and exceptions.
A.
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.
[Amended 6-26-1984 by Ord. No. O-9-84]
B.
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.
C.
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 located no closer than 10 feet from the side and/or rear lot line of the subject property.
[Added 7-10-1990 by Ord. No. O-17-1990; 12-28-1999 by Ord. No. O-12-99]
§ 253-92 Parking standards.
A.
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.
[Amended 12-28-1999 by Ord. No. O-12-99]
B.
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.
[Amended 12-28-1999 by Ord. No. O-12-99]
C.
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.
[Amended 12-28-1999 by Ord. No. O-12-99]
D.
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.
E.
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.
F.
[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.
[1]
Editor's Note: Former Subsection F, Plantings, was repealed 12-28-1999 by Ord. No. O-12-99. This chapter also provided that landscaping of parking lots is to be addressed under design standards rather than as a zoning issue.
G.
In the case of mixed uses, the parking facilities required shall be the sum of the requirements for the various individual uses computed separately.
H.
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.
I.
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.
J.
Common and shared parking. Common and shared parking areas and accessways shall be permitted and encouraged subject to the following:
[Added 12-28-1999 by Ord. No. O-12-99]
(1)
Parking requirements may be reduced to account for shared parking among uses. The basis for reduced parking shall be based on the methodology described in the publication "Shared Parking" (Urban Land Institute and Barton Aschman Associates, Inc., ULI, 1984). In no instance will a reduction of greater than 25% be approved. In addition, shared parking must be reasonably close to each of the facilities served as determined by industry standards, with a maximum walking distance of 300 feet.
(2)
Access agreements and maintenance agreements or other suitable legal mechanisms shall be provided where necessary.
(3)
Liability safeguards for all property owners and lessees served by the common or shared parking areas and/or accessways shall be guaranteed to the satisfaction of the Township Solicitor.
§ 253-93 Parking requirements.
Off-street parking requirements herein are of two kinds: parking spaces for automobiles and truck berths for loading and unloading trucks. Both automobile parking spaces and truck berths must be provided for all uses as specified below.
A.
Off-street parking spaces.
(1)
A minimum number of off-street automobile parking spaces shall be provided in accordance with the following tabulation:
[Amended 12-28-1999 by Ord. No. O-12-99]
Land Use | Minimum Number of Off-Street Parking Spaces Required | |
|---|---|---|
All residential dwellings | As required under the Residential Site Improvement Standards | |
Boarding or rooming house | 1 space per boarder or roomer plus 1 space per proprietor | |
Manufacturing, assembly, finishing and similar industrial operations | 1 space per 800 square feet | |
Bar, tavern or inn | 1 space per 2 seats | |
Bowling alley | 3 spaces per lane | |
Bank, credit union, savings and loan and similar fiduciary institutions | 1 space per 300 square feet | |
Hotels, motels, bed and breakfasts and similar uses | 1 space per guest room plus one space for resident manager and 1 space per employee on the largest shift | |
Places of worship | 1 space per 3 seats | |
Professional offices (excluding medical offices) | 1 space per 400 square feet | |
General business offices | 1 space per 400 square feet | |
Medical and dental offices and clinics | 1 space per 200 square feet | |
Retail commercial uses | 1 space per 250 square feet | |
Diners, restaurants and cafes (excluding fast-food restaurants) | 1 space per 3 seats | |
Fast-food restaurants, including restaurants with drive-through windows | 15 spaces per 1,000 square feet | |
Automotive repair garages | 4 spaces per service bay | |
Auditoriums, theaters (not in a shopping center) and similar gathering areas seating is provided, otherwise 1 space per 3 occupants based on maximum capacity established by the Fire Marshal | 1 space per 3 seats if fixed | |
Theaters (in a shopping center) | 1 space per 4 seats | |
Warehouse or materials storage area related to a commercial or industrial use | 1 space per 5,000 square feet | |
Schools | 5 spaces plus 1.5 spaces per classroom or other instructional area | |
Health and fitness clubs | 1 space per 2OO square feet | |
Funeral home | 1 space per 50 square feet of assembly area or viewing room | |
Research laboratories | 1 space per 1,000 square feet |
(2)
Parking for uses not listed.
[Amended 12-28-1999 by Ord. No. O-12-99]
(a)
When the parking requirement for a specific use is not listed in Subsection A(1) above, parking shall be based on published standards from recognized professional and trade organizations such as, but not limited to, Institute of Transportation Engineers (ITE), National Association of Industrial Parks (NAIOP), etc. It shall be the responsibility of the applicant to provide copies of the industry standards as part of any development application.
(3)
Any access drives and streets between parking lots and arterial streets shall be so arranged that access places to arterial streets are no closer together than 200 feet.
B.
Truck berths.
(1)
In addition to the parking lot requirements in the preceding section, truck berths for loading and unloading of goods and materials shall be provided.
(2)
Any building or outdoor area used for business, industry, storage, hospital, membership club or other nonresidential purposes which needs to be serviced regularly by trucks shall have truck berth facilities on the premises in accordance with the following:
Gross Floor Area and Outdoor Area Used (square feet) | Required Number of Truck Berths | |
|---|---|---|
Up to 20,000 | 1 | |
Greater than 20,000 and up to 40,000 | 2 | |
Greater than 40,000 and up to 100,000 | 3 | |
Each additional 60,000 | 1 additional |
(3)
Two or more establishments which are adjacent to each other may combine their gross floor areas and outdoor areas for the purpose of determining the minimum number of truck berths required when adjacent establishments utilize truck berths jointly.
(4)
"Outdoor area," as used in this subsection, refers to outdoor areas in active use, such as outdoor manufacturing areas, outdoor storage areas and outdoor automobile sales lots. Such areas as yards and other unused open spaces are not intended to be included in the term "outdoor area" as used in this subsection.
(5)
The size of the truck berth shall be a minimum of 45 feet long and 12 feet wide.
(6)
Driveways, aisles, loading platforms and other areas required to make a truck berth usable shall not be included in the minimum area required for a truck berth itself.
(7)
A clear height shall be provided for each truck berth and for each truck accessway between public streets and a truck berth equal to a minimum of 14 feet.
C.
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.
§ 253-94 Exception to parking requirements.
None of the off-street parking facilities as required in this chapter shall be required for any existing building or use not now conforming to these requirements, unless said building or use shall be enlarged, in which case the provisions of this chapter shall apply.
§ 253-95 Nonconforming buildings or uses.
A.
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.
B.
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:
[Amended 12-28-1999 by Ord. No. O-12-99]
(1)
The subject property conforms with the lot area and frontage standards of the district in which it is located;
(2)
The setback of the proposed expansion is equal to the existing setback or a minimum of 10 feet from the subject property line, whichever is greater;
(3)
The area of proposed expansion within the nonconforming setback area does not exceed 50% of the existing area of the building situated in the nonconforming setback; and
(4)
The expansion of the building conforms to all other yard setbacks and bulk requirements of the district in which it is situated.
C.
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.
D.
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:
E.
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.
§ 253-96 Prohibited uses.
A.
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.
(1)
In order to ensure that adequate safeguards are provided and in order to determine whether a use is injurious to the public health or safety, the Zoning Board of Adjustment may consult such official agencies or private experts as it deems necessary.
(2)
In determining whether a proposed use is noxious, hazardous or offensive, the following standards, in addition to those set forth in the site plan review articles of this chapter, shall apply. The proposed use shall not:
(a)
Constitute a public nuisance by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(b)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the district boundary line.
(c)
Endanger surrounding areas by reason of fire or explosion.
(d)
Produce objectionable heat or glare in neighboring nonindustrial, noncommercial areas.
(e)
Result in electrical disturbances in nearby residences.
(f)
Contribute to the pollution of water.
(g)
Create any other objectionable condition which will endanger public health or safety or be detrimental to the proper use of the surrounding area.
B.
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.
C.
No more than one residential use shall be permitted on one lot unless specifically permitted in this chapter.
[Amended 12-28-1999 by Ord. No. O-12-99]
D.
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.
[Added 4-8-2003 by Ord. No. O-7-2003]
E.
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.
[Added 4-8-2003 by Ord. No. O-7-2003]
F.
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.
[Added 7-13-2021 by Ord. No. O-6-21]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
§ 253-96.1 Permitted uses.
[Added 11-10-2020 by Ord. No. O-12-20; amended 5-11-2021 by Ord. No. O-7-21]
The following uses shall be permitted in all of the districts established under Article IX, § 253-86, that are located outside of the Pinelands Area:
A.
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.
§ 253-97 Pinelands Area.
A.
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:
[Amended 11-25-1997 by Ord. No. O-15-97]
(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; and
(4)
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
B.
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:
(1)
Residential dwellings on 3.2 acre lots or larger may be permitted in the Pinelands Area, provided that:
[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97]
(a)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(b)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
(c)
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; and
(d)
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.
(2)
Residential dwelling units on lots of one acre, provided that:
[Added 6-9-1993 by Ord. No. O-15-93]
(b)
The lot to be developed 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;
(c)
The applicant qualifies for and receives from the township a variance from the 3.2 acre lot size requirement set forth in Subsection B(1) above;
(d)
The applicant purchases and redeems 0.25 Pinelands development credits; and
C.
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:
[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97]
(1)
The use was not abandoned or terminated subsequent to January 14, 1981;
(2)
The expansion or alteration of the use is in accordance with all of the minimum standards of Article VIII; and
(3)
The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
D.
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.
[Added 5-9-1989 by Ord. No. O-4-89]
E.
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.
[Added 5-9-1989 by Ord. No. O-4-89]
F.
Height limitations.
[Added 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97]
(2)
The height limitation established in Subsection F(1) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the objectives of N.J.A.C. 7:50-6, Part X: 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.
G.
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:
[Added 6-9-1993 by Ord. No. O-15-93]
(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 3.4 acres.
(2)
All lands acquired pursuant to Subsection G(1) above, which may or may not be developable, are located in the PR-R District.
(3)
All noncontiguous lands acquired pursuant to Subsection G(1) and (2) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 6-26-2012 by Ord. No. O-5-12]
(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 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 this chapter;
[2]
Where agricultural use exists on a parcel 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 G(3)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with subsection a. 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 G(3)(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 Gloucester 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 Township 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 Township Solicitor and the Pinelands Commission.
(4)
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.