Franklin Township Gloucester County
City Zoning Code
City Zoning Code
ARTICLE XXXVA
Standards for Specified Accessory Uses
§ 253-190.9 Fences.
A.
General provisions.
(1)
Solid fences shall be prohibited in all front yard areas.
(2)
On corner lots any fence located in a sight triangle shall not exceed a maximum height of 2.5 feet.
(3)
The use of razor wire is prohibited in all zoning districts.
(4)
Barbed wire may only be used as a fence element on farms or industrial/manufacturing facilities.
(5)
All fences shall have a finished side facing outward from the property.
[Added 6-10-2003 by Ord. No. O-10-2003]
(6)
Fences may be built out to the property line.
[Added 6-10-2003 by Ord. No. O-10-2003]
(7)
Fences used to enclose the area around a private swimming pool shall meet Uniform Construction Code standards.
[Added 6-10-2003 by Ord. No. O-10-2003]
(8)
Electric fences shall only be used in conjunction with the keeping/pasturing of livestock in the R-A, PR-R and PA-P Districts and shall be used only for interior partition fences.
[Added 6-10-2003 by Ord. No. O-10-2003]
C.
Height of fences in the R-A, PR-R and PA-P Districts.
§ 253-190.10 Home occupation.
A.
The definition of "home occupation" shall be as follows: An activity carried out for gain, conducted entirely within a detached single-family dwelling unit or a building accessory thereto, but not both, which occupation is clearly secondary to use of the lot for residential purposes.
B.
Such activity shall be conducted solely by residents of the dwelling on the lot, except that no more than one nonresident may be employed.
C.
No more than 400 square feet may be used for such activity.
D.
The residential character and visual appearance of the dwelling and accessory structures and of the site itself shall be maintained.
E.
No more than one motor vehicle used in such activity shall be parked on the site. Such vehicle shall comply with the provisions of § 253-190.11, Commercial vehicle parking.
F.
Other than as provided in Subsection E above, all vehicular equipment used or associated with such activity may not be parked or stored on site or on any public streets or rights-of-way but must be stored or parked on an off-street parking or storage area.
H.
Except as provided in Subsection E above, no display of products, supplies, materials, tools, equipment or other items used in the activity shall be visible from the adjoining street or property lines.
I.
Fences shall conform with applicable zone regulations.
J.
A home occupation activity may involve the creation, construction and/or assembly of product or parts thereof on site; however, the occupation shall not use any equipment or process that uses hazardous chemicals or creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio and television reception, detectable by neighbors.
K.
No articles or service may be sold or offered for sale on the premises except such as may be produced on the premises by a resident thereof. Such activities as clinics, hospitals, barbershops, beauty parlors, luncheonettes, bed-and-breakfast homes, animal hospitals, music and dancing schools (other than for individual instruction) shall not be deemed home occupations under the terms of this definition.
L.
No machinery or other equipment shall be used on site which shall interfere with radio or television reception on adjoining properties.
M.
Such use shall not reduce the parking or yard requirements of the residential use.
§ 253-190.11 Commercial vehicle parking.
A.
Definition. As used in this chapter, a "commercial vehicle" shall mean an owner-operated commercial registered vehicle, or vehicle used for commercial purposes, with a gross vehicle weight (GVW) over 12,000 pounds. The standards of this section shall not apply to vehicles used in conjunction with an agricultural operation, recreational vehicles or to vehicles used for the transportation of children to school.
B.
Parking requirements. Owner-operated commercial vehicles may be parked on site in the R-A, R-l, R-2, PR-R and PA-P Districts. The size and width of the subject lot shall guide the size commercial vehicle or vehicle used for commercial purpose allowed on site:
[Amended 3-13-2001 by Ord. No. O-5-2001]
(1)
On lots under 1.0 acre in area or with frontage less than 150 feet: Commercial vehicles shall not be permitted.
(2)
On lots between 1.0 and 2.5 acres and with frontage greater than 150 feet: One single unit commercial vehicle (e.g., a dump truck) and one accessory trailer (maximum trailer length not to exceed 20 feet) may be permitted.
(3)
On lots over 2.5 acres with frontage greater than 150 feet: One commercial vehicle with a single over-the-road trailer (e.g., a tractor trailer) may be permitted.
C.
General standards.
(1)
When allowed, a commercial vehicle shall be parked on site and shall not be parked in the street or right-of-way.
(2)
Adequate buffering shall be provided to minimize impact of a commercial vehicle on adjacent properties.
(3)
The idling of engines or operation of accessory equipment, such as refrigeration units, etc., shall be prohibited while a commercial vehicle is parked.
(4)
Adequate circulation area shall be provided for the vehicle to be turned around on site to avoid backing on to or off the site.
(5)
Location of vehicle parking. The commercial vehicle may be parked in the side or rear yard of the site provided that a minimum separation of 50 feet is maintained to any adjacent dwelling.
(6)
No vehicle maintenance shall be permitted on site except for essential emergency repairs.
§ 253-190.12 Home animal agriculture.
[Added 7-22-2008 by Ord. No. O-12-2008]
A.
Definition. "Home animal agriculture" is defined as the activity of producing domesticated animals or their products for home use or consumption including breeding, growing, caring, housing and product preparation where sales are incidental.
B.
Animals permitted:
(1)
Large-sized animals including horses, llamas and cows.
(2)
Medium-sized animals including goats, emus and sheep.
(3)
Small animals: rabbits.
(4)
Poultry: chickens, ducks, geese, turkeys and game hens. Game birds (such as pheasant and quail) will be by permit only and must follow New Jersey State regulations.
C.
Lot size minimums.
(1)
No animals under this section are permitted on lots less than 1 1/2 acres in size exclusive of wetlands and wetland buffers.
(2)
A minimum of one acre is required for a dwelling unit and 1/2 additional acre is required for poultry up to 15 birds; except only five geese, ducks or turkeys are allowed per 1/2 acre.
(3)
A minimum of one acre is required for a dwelling unit and one additional acre is required for any medium-size animals up to five except that not more than seven animals per acre after three acres.
(4)
A minimum of one acre is required for a dwelling unit and one additional acre is required for any large animal, except that not more than 1 1/2 animals per acre after three acres.
D.
General standards.
(1)
Buildings to house large-size animals shall be located 20 feet from property line, and not less than 40 feet from any dwelling on said lot or 120 feet from any other neighboring dwelling. Each shelter shall have a minimum of 100 square feet per animal.
(2)
Buildings to house medium-size animals shall be located 20 feet from property line, and not less than 40 feet from any dwelling on said lot or 120 feet from any neighboring dwelling. Each shelter shall have a minimum of 20 square feet per animal.
(3)
Buildings to house poultry shall be located 20 feet from property line, and not less than 40 feet from any dwelling on said lot or 120 feet from neighboring dwelling. Each shelter shall have a minimum of two square feet per chicken, three square feet per duck and six square feet per turkey and goose. Birds need adequate space for movement and exercise as well as area to nest and roost. Space requirements will vary with the type of bird.
(4)
Corral area/pasture shall be located a minimum of 50 feet from any dwelling.
(5)
Fencing for large-sized animals shall comply with requirements of § 253-190.9. Fencing shall not be placed any closer than 15 feet from the neighboring property lines for one fence and not closer than eight feet for two fences when using an electric interior fence. Electric fence to be eight feet from exterior fence.
(6)
Fencing for medium-sized animals shall provide a minimum of 25 square feet per animal and should be with wire and sufficiently strong and high enough to keep dogs and other predators from entering.
(7)
Fencing for fowl shall be provided at a rate of 10 square feet per chicken, 15 square feet per duck and 18 square feet per turkey and goose. Space requirements will vary with the type of bird. Wire should be sufficiently strong and high enough to keep dogs and other predators from entering.
(8)
The lot must be free of debris and standing water other than in a container.
E.
Waste management.
(1)
Dry (except for normal daily waste) interior stalls shall be maintained. Outside lots should not become muddy either due to weather or animal activity.
(2)
Weekly removal of all manure in interior housing or exterior lots. The Township's Public Works Department will not collect this waste material. The manure, once removed, should be handled by one of the following alternative methods:
(a)
Daily placement in a plastic garbage bag, tightly closed, for periodic removal from the premises or stored for later use, such as incorporation into the soil. Stored manure should not accumulate for more than four weeks.
(b)
Used immediately and incorporated daily into the soil of a garden as surface mulch.
(c)
Incorporated into a bona fide composting procedure so odors or fly breeding and flies cannot be a by-product. A manure pile does not qualify as a composting procedure.
(3)
Operator/owner to comply with N.J.A.C. 2:91, Criteria and Standards for Animal Waste Management.
F.
Grandfather clause.
(1)
Any property which currently meets the definition of "home animal agriculture" and which is currently operating out of compliance with any of the above provisions pertaining to permitted animals, lot size minimums, and general standards shall be permitted to apply to the Zoning Office for a certificate of noncompliance. These properties, however, shall be required to comply with the provisions for waste management. in the event that a certificate of noncompliance is denied, application may be made to the Zoning Board for a determination that such use previously existed in addition to any request for a use variance.
§ 253-190.13 Accessory solar energy systems.
[Added 8-9-2022 by Ord. No. O-18-22]
A.
Solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and Building Department prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer or Building Department does not believe the provisions of this section will be satisfied, an applicant may request a variance.
B.
Solar panels shall be permitted as a rooftop installation in any zoning district, in accordance with the following: the solar panels shall not exceed a height of 12 inches or overhang from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, then what is permitted in the zoning district where they are located for the principal or accessory building.
C.
Ground mount accessory solar energy systems shall be permitted as accessory uses under the following standards:
(1)
Solar panels shall be located so that any glare is directed away from an adjoining property, or the applicant must provide evidence that the solar panels do not emit glare.
(2)
Minimum lot size: three acres.
(3)
All ground arrays shall be set back a distance of at least 50 feet from all property lines.
(4)
A densely planted vegetative landscaped buffer of a combination of evergreen trees and shrubs with a width of at least 50 feet shall be planted along all adjoining property lines to screen the solar energy system from view.
(5)
Ground arrays shall not be permitted within a front yard.
(6)
Ground arrays shall have a maximum height of eight feet.
(7)
Noise. All accessory solar energy systems shall comply with the following:
D.
Permit requirements.
(1)
Permit. A zoning permit and building permit shall be required for the installation of any solar energy system.
E.
Violations.
(1)
It is unlawful for any person to construct, install, or operate any solar energy system that is not in compliance with this section. Energy systems not expressly approved in this section require a use variance approval and site plan approval by the Zoning Board of Adjustment.
(2)
Existing solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions regarding abandonment.
F.
Administration and enforcement.
(1)
This section shall be administered by the Zoning Officer, Construction Official or other official as designated.
(2)
The Zoning Officer, Construction Official or other official as designated may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.
(3)
The Zoning Officer, Construction Official or other official as designated may issue orders to abate any violation of this section.
(4)
The Zoning Officer, Construction Official or other official as designated may issue a citation for any violation of this section.
(5)
The Zoning Officer, Construction Official or other official as designated may refer any violation.
G.
Penalties.
(1)
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in chapter and section of the appropriate zoning code.
(2)
Nothing in this section shall be construed to prevent the Zoning Officer/Land Use Administrative Officer of the Township of Franklin from using any lawful means to enforce this section.