Gloucester Township
City Zoning Code
City Zoning Code
ARTICLE IV
Zoning District Regulations
§ 500-401 General regulations.
A.
Relationship to other articles. This article establishes the use, bulk requirements and other regulations governing the zoning districts created in Article III. Article II is the compendium of definitions for terms in this article and throughout the Land Development Ordinance. Performance regulations and design standards are contained in Article V that provide the basis for the physical development and redevelopment of land within the zoning classifications. Article VII contains the standards of review upon which all applications for subdivision or site plan are measured.
B.
Deviations. Deviations from the requirements of this article shall be considered variances pursuant to N.J.S.A. 40:55D-60 and 40:55D-70. Deviations from Article V, Performance and Design Standards, shall be considered exceptions pursuant to N.J.S.A. 40:55D-51, except hereinbelow. Deviations from the performance and design standards for certain sections in Article V shall require application and granting of variances prior to the issuance of a building permit and certificate of occupancy, including:
(1)
The location of all fences which do not meet setback requirements.
(2)
The height of all fences which exceed the maximum permitted height.
(3)
The location of all signs which do not meet setback requirements.
(4)
The height, number or area of all signs which exceed the maximum limitations.
(5)
The number of required parking spaces.
(6)
A landscaping buffer width less than the required distance.
C.
Nonconforming uses and structures. Any nonconforming use or structure as defined in Article II existing on the effective date of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. Any such use or structure which is substantially destroyed shall not be reconstructed or used except in conformance with this chapter.
(1)
Procedure for evaluating substantial destruction. Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm, or act of God shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 50% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided it is rebuilt in one year and used for the same purpose as before, provided it is rebuilt in one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.
(2)
Repair. Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.
(3)
Abandonment of nonconforming use or structure.
(a)
If a nonconforming use or structure ceases operations for a continuous period of more than one year and the owner thereof makes little or no attempt to use the property for its nonconforming use or to lease to a tenant for such use, then this shall be deemed to be an intent to abandon the nonconforming use or structure, and any subsequent use shall conform to the regulations of this chapter. Any dispute of the determination of intent to abandon shall be appealable to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a.
(b)
Any appellant to the Zoning Board of Adjustment in accordance with the preceding paragraph shall first have the burden of proof to first provide testimony and evidence that such use or structure is legally nonconforming.
D.
Nonconforming lots.
(1)
Merging of substandard lots. Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots shall be merged into a single lot.
(2)
Nonconformity from public dedication. Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the municipality in order to meet the minimum street width requirement of the Official Map or Master Plan of the municipality, the Zoning Officer shall issue zoning permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
(3)
Reconstruction or expansion of building on undersized lot.
[Amended 12-28-2016 by Ord. No. O-16-23]
(a)
Any existing lot on which a building or structure is located containing a permitted use in the zoning district and which lot does not meet the minimum lot size, frontage or depth may be reconstructed if damaged by fire, explosion, flood, windstorm, or act of God without any appeal for variance relief, provided:
[1]
The proposed building does not violate any other requirements of this chapter, including, but not limited to, height, yard setbacks, building, and lot coverage for the zoning district.
(b)
Any existing lot on which a building or structure is located containing a permitted use in the zoning district and which lot does not meet the minimum lot size, frontage or depth may have additions to the principal building and/or construction of an accessory building without any appeal for variance relief, provided:
[1]
The addition does not violate any other requirements of this chapter, including, but not limited to, height, yard setbacks, building and lot coverage for the zoning district.
E.
Accessory buildings. The following regulations shall apply to all accessory buildings:
(1)
Accessory buildings as part of principal buildings. Any accessory building attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
(2)
Accessory buildings not to be constructed prior to principal building. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Zoning Officer shall revoke the zoning permit for the accessory building until construction of the main building has proceeded substantially toward completion.
(3)
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be 10 feet unless a greater distance is prescribed in Article IV, except that no poultry or livestock shelter or stable shall be erected closer than 100 feet to any dwelling or lot line.
(4)
Location and setback of accessory buildings and structures. An accessory building or structure may be erected in side and rear yard areas only and shall be set back from property lines as required in Article IV. In the event that no accessory building or structure setback is established in the particular district, the setback requirements for principal buildings shall apply. However, the minimum setback for any building and structure, including but not necessarily limited to concrete, pavement, patio pavers and similar structures, shall be at least three feet.
[Amended 12-28-2016 by Ord. No. O-16-23]
F.
Bulk regulation measurements. Measurements for the determination of building and structure setbacks, required yard areas, landscape buffer widths and other dimensional requirements from rights-of-way or watercourses shall be taken from the edge of the right-of-way or top of stream bank rather than from the center. In the event that additional land dedication or reservation for right-of-way purposes is required by a municipal agency or other level government; or a future right-of-way has been established on the Official Map, Circulation Plan of the Master Plan, or by another level of government, such measurement shall be made from the such future right-of-way or reservation line, except as may be permitted under § 500-401D(2) above.
G.
Exceptions to height limitations. The height limitations of this chapter shall not apply to church spires, belfries, domes, monuments, chimneys, smokestacks, flagpoles, masts and aerials, barns and silos. In addition, telecommunications towers shall be exempt from height limitations, provided that such structures otherwise meet the standards contained herein. Except for one- and two-family dwellings as permitted in this chapter, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building may be erected above the height limits prescribed by this chapter, but in no case shall such extension exceed 10% of the maximum height otherwise permitted in the district.
H.
General requirements for special lots.
(1)
Corner lot. The following regulations shall apply to corner lots.
(a)
A corner lot shall be considered to have two front yards, one side yard, and one rear yard. The rear yard shall be considered the yard area opposite the front yard that is established by the location of the front door to the building. Houses angled on the lot where the front door faces the intersection of the rights-of-way shall have side and rear yards established at the time of construction of the principal structure and so recorded by the administrative officer. In the event that a residential corner lot abuts three rights-of-way, the front yards shall be considered those fronting on a residential access and residential subcollector street. The rear yard shall be considered that portion of the lot abutting an arterial or collector street.
(b)
The landowner of any building for which a construction permit has been issued prior to the effective date of this chapter may establish the front yard as the yard abutting an arterial or collector street for purposes of the application of yard and other bulk regulations.
(2)
Reverse frontage lots. Lots for a residential purpose which have frontage on both a residential access or subcollector street and another street shall establish the front yard facing the interior lowest order street and the rear yard abutting the higher order street.
(3)
Frontage on culs-de-sac or curved streets. The minimum lot frontage may be reduced on curved alignments with an outside radius of less than 500 feet to not less than 75% of the required minimum, provided that the width of the lot at the building setback line is equal to or greater than the minimum lot frontage requirement.
(4)
Frontage on corner lots. The minimum frontage requirement for any residential lot shall be met by the lowest order street. In the case of a corner lot with two streets of the same hierarchy, either residential street frontage may meet the minimum lot frontage required for that zone.
(5)
No public sewer. Where no public sewer is available, the minimum lot size shall be one acre. Yard and building coverage restrictions shall be as required for the R-1 Zoning District for residential uses and the GB Zoning District for nonresidential uses.
I.
Special minimum setback requirements.
(1)
Residential lots. No detached dwelling, accessory building or structure, or driveway otherwise permitted in this chapter shall be located within three feet of a side or rear lot line in order to maintain positive lot drainage unless a lot grading plan is submitted and approved by the Municipal Engineer.
(2)
Transmission lines. No building shall be placed within 150 feet of the vertical plane established by the closest portion of a high voltage transmission line (excluding its support), underground petroleum or natural gas transmission pipeline.
(3)
Limited access highways. No dwelling shall be placed within 100 feet of the right-of-way line of an Access Level 1 highway, as defined by the NJ Department of Transportation.
(4)
Stream and state open waters. No principal building shall be placed within 100 feet of the edge of a continuously running stream or state open water.
(5)
Public wellheads. No disposal of effluent outside of the conveyance system of the Gloucester Township Municipal Utilities Authority shall be permitted within 300 horizontal feet of a public water supply wellhead. No service station, dry-cleaning operation or underground petroleum tank shall be located within 1,000 horizontal feet of a public water supply wellhead.
J.
Permitted modifications for infill development. Principal dwellings on infill lots may encroach within the front yard areas to the average of the setbacks from the street line of existing dwellings on both sides of the proposed residence. In the event an adjacent lot is vacant, the average shall be calculated using the required setback for the vacant lot.
K.
Specifically prohibited uses. Any use not permitted within this chapter shall be prohibited, with the following uses specifically prohibited:
(1)
Automobile wrecking and junkyards.
(2)
The occupation of recreational vehicles and trailers for residential purposes.
(3)
Airfields, heliports and helistops.
(4)
Sanitary landfills, transfer stations or resource recovery facilities, except upon land owned by the Township.
(5)
Outdoor storage of any type unless approval is granted by the approving authority subject to the design and performance standards as required in Article V.
(6)
Quarrying, mining, soil stripping or other resource extraction. Removal of excess soil as a result of an approved site plan or subdivision application shall not be considered prohibited under this provision as long as the approving authority's engineer determines that only excess soil is proposed for removal based upon the approved plans.
(7)
Resource recovery facilities.
(8)
Parking and/or overnight parking and storage of semi-trailer trucks, tractor units, and semi-trailers, except when associated with the operation of a permitted use.
[Added 3-25-2024 by Ord. No. O-24-05]
(9)
Storage of material in semi-trailers or temporary trailers, except during loading/unloading associated with the operation of a permitted use.
[Added 3-25-2024 by Ord. No. O-24-05]
(10)
Short-term rentals in all residential use districts.
[Added 8-12-2024 by Ord. No. O-24-13]
(11)
Bed-and-breakfast.
[Added 8-12-2024 by Ord. No. O-24-13]
§ 500-402 ER - Environmental Residential District.
A.
Specific intent. The ER-Environmental Residential District is intended for low intensity uses on large lots to minimize the effect of developing on lands that contain significant environmentally sensitive lands, including, but not limited to, freshwater wetlands, aquifer recharge areas, excessively drained and/or acid soils and steep slopes. At the same, clustering of residential lots and buildings is encouraged in order to concentrate development on the lands best able to support it.
B.
Permitted uses. In the Environmental Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Private residential swimming pool and cabana.
(2)
Private residential toolshed.
(3)
Private residential greenhouse.
(4)
Recreational vehicle storage.
(5)
Outdoor recreational facilities, including tennis or other court sports.
(6)
Off-street parking and private garage.
(7)
Fences and walls.
(8)
Deck.
(11)
Satellite dish and television antennas.
(12)
Farm stand and consumer crop picking operations when used in conjunction with an agricultural use.
(13)
Accessory uses customarily incidental to a principal use.
D.
Conditional uses permitted. The following uses and structures may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
E.
Density requirements. Maximum residential density shall be one unit per two acres. Maximum floor area ratio for nonresidential uses shall be 0.05.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | ||||
|---|---|---|---|---|
Single-Family Detached | Residential Cluster | Municipal or Open Space Use | Other Use | |
Minimum lot size | 80,000 square feet | 20,000 square feet | 1 acre | 5 acres |
Minimum lot frontage | 200 feet | 100 feet | 100 feet | 200 feet |
Minimum lot depth | 300 feet | 175 feet | N/A | 400 feet |
Maximum building coverage | 10% | 20% | 30% | 5% |
Maximum lot coverage | 20% | 35% | 75% | 15% |
Principal building: minimum yard depths and height limitations | ||||
Front yard | 100 feet | 50 feet | 100 feet | 100 feet |
Side yard | 30 feet | 15 feet | 30 feet | 30 feet |
Rear yard | 75 feet | 40 feet | 75 feet | 75 feet |
Minimum usable yard area | 25% | 25% | N/A | N/A |
Maximum height | 35 feet | 35 feet | 40 feet | 35 feet |
§ 500-403 R-1 Residential District.
A.
Specific intent. The R-1 Residential District is intended for single-family detached uses on one-acre lots. Clustering of dwellings to promote the retention of open space is encouraged.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Private residential swimming pool and cabana.
(2)
Private residential toolshed.
(3)
Private residential greenhouse.
(4)
Recreational vehicle storage.
(5)
Outdoor recreational facilities, including tennis or other court sports.
(6)
Off-street parking and private garage.
(7)
Fences and walls.
(8)
Deck.
(11)
Satellite dish and television antennas.
(12)
Farm stand and consumer crop picking operations when used in conjunction with an agricultural use.
(13)
Accessory uses customarily incidental to a principal use.
D.
E.
Density limitation. The gross tract density shall not exceed one residential unit per acre.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the R-1 District:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | ||||
|---|---|---|---|---|
Single-Family Detached | Residential Cluster | Municipal or Open Space Use | Any Other Use | |
Minimum lot size | 1 acre | 20,000 square feet | 1 acre | 3 acres |
Minimum lot frontage | 125 feet | 100 feet | 100 feet | 200 feet |
Minimum lot depth | 200 feet | 175 feet | N/A | 400 feet |
Maximum building coverage | 15% | 20% | 30% | 5% |
Maximum lot coverage | 30% | 35% | 75% | 15% |
Principal building: minimum yard depths and height limitations | ||||
Front yard | 50 feet | 50 feet | 100 feet | 100 feet |
Side yard | 25 feet | 20 feet | 30 feet | 30 feet |
Rear yard | 75 feet | 50 feet | 75 feet | 75 feet |
Minimum usable yard area | 25% | 25% | N/A | N/A |
Maximum height | 35 feet | 35 feet | 40 feet | 40 feet |
§ 500-404 R-2 Residential District.
A.
Specific intent. The R-2 Residential District is intended for single-family detached uses on lots of about one-half acre. Clustering of dwellings to promote the retention of open space is encouraged.
C.
Accessory uses permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Private residential swimming pool and cabana.
(2)
Private residential toolshed.
(3)
Private residential greenhouse.
(4)
Recreational vehicle storage.
(5)
Outdoor recreational facilities, including tennis or other court sports.
(6)
Off-street parking and private garage.
(7)
Fences and walls.
(8)
Deck.
(11)
Satellite dish and television antennas.
(12)
Farm stand and consumer crop picking operations when used in conjunction with an agricultural use.
(13)
Accessory uses customarily incidental to a principal use.
D.
E.
Density limitation. The gross tract density shall not exceed two residential units per acre.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the R-2 District:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | ||||
|---|---|---|---|---|
Single-Family Detached | Residential Cluster | Municipal or Open Space Use | Other Use | |
Minimum lot size | 20,000 square feet | 10,000 square feet | 1 acre | 3 acres |
Minimum lot frontage | 100 feet | 80 feet | 100 feet | 200 feet |
Minimum lot depth | 200 feet | 100 feet | N/A | 400 feet |
Maximum building coverage | 20% | 40% | 30% | 5% |
Maximum lot coverage | 30% | 50% | 75% | 15% |
Principal building: minimum yard depths and height limitations | ||||
Front yard | 50 feet | 40 feet | 100 feet | 100 feet |
Side yard | 15 feet | 15 feet | 30 feet | 30 feet |
Rear yard | 40 feet | 35 feet | 75 feet | 75 feet |
Minimum usable yard area | 25% | 25% | N/A | N/A |
Maximum height | 35 feet | 35 feet | 40 feet | 40 feet |
§ 500-405 R-3 Residential District.
A.
Specific intent. The R-3 Residential District is intended for single-family detached uses at a density of three units per acre.
C.
Accessory uses permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Private residential swimming pool and cabana.
(2)
Private residential toolshed.
(3)
Private residential greenhouse.
(4)
Recreational vehicle storage.
(5)
Outdoor recreational facilities, including tennis or other court sports.
(6)
Off-street parking and private garage.
(7)
Fences and walls.
(8)
Deck.
(11)
Satellite dish and television antennas.
(12)
Accessory uses customarily incidental to a principal use.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
(1)
Major home occupation, excluding § 500-405D(3) uses hereinbelow.
(3)
Independent living facilities designed specifically for the needs of physically handicapped persons or households, provided that the following criteria are met:
(a)
The facility does not exceed 25 living units, plus resident manager unit.
(b)
Each living unit is complete with its' own kitchen and bath facilities.
(c)
Minimum lot size shall be 3.5 acres.
(e)
Living units are designed according to the Uniform Federal Accessibility Standards for residences and the New Jersey Barrier Free Subcode.
(f)
Buildings of more than one story shall have at least one passenger elevator.
(g)
Occupancy is intended for physically handicapped individuals who are otherwise able to maintain their own domicile without the assistance of on-premises medical or other live-in aides.
(i)
Entrance doors shall have automatic opening devices to be activated by persons in a wheelchair.
(j)
Recreation facility requirements may be waived where the applicant demonstrates that recreation facilities appropriate to the handicapped population will be provided.
(k)
Parking spaces shall be provided at the rate of one paved handicapped space for each apartment, plus one regular space for each full-time employee. Additional unpaved area for possible parking expansion shall be provided at the rate of 400 square feet of land area for every two apartments in the complex.
(l)
Density provisions of this chapter shall be waived in favor of a maximum floor area ratio of one square foot of building area for each three square feet of land area of the proposed site.
(m)
Maximum building height shall not exceed two stories or 28 feet.
(n)
A minimum of 10% of the total tract area shall be designated as open space.
(p)
Minimum lot size shall be one acre.
(q)
A minimum twelve-foot-wide, usable and unobstructed fire lane is to be provided at the rear of all attached housing types.
(r)
The overall width or depth of a building shall not exceed 200 feet nor shall there be more than 25 dwelling units plus one manager's unit per building.
(s)
A minimum of 30 feet shall be provided between buildings.
E.
Density limitation. The gross tract density shall not exceed three residential units per acre.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the R-3 District:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | ||||
|---|---|---|---|---|
Single-Family Detached | Municipal or Open Space Use | House of Worship | Other Use | |
Minimum lot size | 9,375 square feet | 1 acre | 1/2 acre | 2 acres |
Minimum lot frontage | 75 feet | 100 feet | 100 feet | 100 feet |
Minimum lot depth | 125 feet | N/A | 125 feet | 200 feet |
Maximum building coverage | 20% | 30% | 30% | 30% |
Maximum lot coverage | 40% | 75% | 75% | 75% |
Principal building: minimum yard depths and height limitations | ||||
Front yard | 30 feet | 30 feet | 30 feet | 30 feet |
Side yard | 10 feet | 20 feet | 10 feet | 30 feet |
Rear yard | 30 feet | 30 feet | 30 feet | 50 feet |
Minimum usable yard area | 25% | N/A | N/A | N/A |
Maximum height | 35 feet | 40 feet | 35 feet | 40 feet |
§ 500-406 R-4 Residential District.
A.
Specific intent. The R-4 Residential District is intended for single-family detached uses at a density of four units per acre.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Private residential swimming pool and cabana.
(2)
Private residential toolshed.
(3)
Private residential greenhouse.
(4)
Recreational vehicle storage.
(5)
Outdoor recreational facilities, including tennis or other court sports.
(6)
Off-street parking and private garage.
(7)
Fences and walls.
(8)
Deck.
(11)
Satellite dish and television antennas.
(12)
Accessory uses customarily incidental to a principal use.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
E.
Density limitation. The gross tract density shall not exceed four residential units per acre.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the R-4 District:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | ||||
|---|---|---|---|---|
Single-Family Detached | Municipal or Open Space Use | House of Worship | Other Use | |
Minimum lot size | 6,250 square feet | 1 acre | 1/2 acre | 2 acres |
Minimum lot frontage | 50 feet | 100 feet | 100 feet | 200 feet |
Minimum lot depth | 100 feet | N/A | 125 feet | 400 feet |
Maximum building coverage | 35% | 30% | 30% | 5% |
Maximum lot coverage | 65% | 75% | 75% | 15% |
Principal building: minimum yard depths and height limitations | ||||
Front yard | 20 feet | 100 feet | 30 feet | 100 feet |
Side yard | 10 feet | 30 feet | 10 feet | 30 feet |
Rear yard | 20 feet | 75 feet | 30 feet | 75 feet |
Minimum usable yard area | 25% | N/A | N/A | N/A |
Maximum height | 35 feet | 40 feet | 40 feet | 40 feet |
§ 500-407 Residential Attached (RA) District.
A.
Specific intent. The Residential Attached (RA) District is intended for low-density housing in both a semidetached and attached single-family configuration. The district usually functions as an intermediate zone between single-family attached and other uses.
B.
Permitted uses. In the RA district, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(2)
Townhouse dwellings.
(a)
Community center for the common use of residents.
(b)
Swimming pool for the common use of residents.
(c)
Private residential toolshed on fee simple lots, only.
(d)
Decks on fee simple townhouses, unless initially approved as a site plan in accordance with Article VII.
(e)
Gazebos, mail kiosks and other street furniture.
(f)
Maintenance building for the upkeep of grounds and common areas.
(g)
Parking sheds and detached private garages approved by the approving authority.
D.
Density. The maximum density of the entire tract in a RA District shall not exceed three dwelling units per gross acre.
E.
General tract requirements. The general tract requirements for development within the RA District are as follows:
(1)
Minimum tract size: 10 acres.
(2)
Minimum buildable land area of tract: five acres.
(3)
Minimum common or public open space: 60% of total tract area.
(4)
Minimum tract frontage: 300 feet.
(5)
Building setback from tract perimeter: 75 feet from street; 50 feet otherwise.
(6)
Maximum building length through its long axis: 240 feet, excepting municipal uses.
(7)
No more than six townhouse dwellings shall be permitted in any one structure.
(8)
Public water and sewer. All such development shall be served by public water and public sanitary sewer.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the RA District:
(1)
Semidetached single-family dwellings, fee-simple townhouses and other uses.
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | ||||
|---|---|---|---|---|
Single-Family Semidetached | Fee-Simple Townhouse | Municipal or Open Space Use | Other Use | |
Minimum lot size | 6,250 square feet for each dwelling | 2,500 square feet for each dwelling | 1 acre | 2 acres |
Minimum lot frontage | 50 feet | 20 feet | 100 feet | 200 feet |
Minimum lot depth | 125 feet | 125 feet | N/A | 400 feet |
Maximum building coverage | 30% | 40% | 30% | 10% |
Maximum lot coverage | 60% | 60% | 75% | 25% |
Principal building: minimum yard depths and height limitations | ||||
Front yard | 30 feet | 30 feet | 100 feet | 100 feet |
Side yard | 0 feet one side, 15 feet other side | 20 feet, end wall only | 30 feet | 30 feet |
Rear yard | 30 feet | 30 feet | 75 feet | 75 feet |
Minimum usable yard area | 40% | 40% | N/A | N/A |
Maximum height | 35 feet | 35 feet | 40 feet | 40 feet |
Parking area setbacks | ||||
From dwelling | N/A | 15 feet | N/A | N/A |
From arterial or collector street | N/A | 35 feet | 50 feet | 50 feet |
From public or private residential access street | N/A | 25 feet | 30 feet | 30 feet |
N/A = Not applicable. |
(2)
Townhouse in condominium or cooperative development. Where individual fee simple lots are not proposed, the following distance requirements shall substitute for required yard areas.
Use Condominium or Cooperative Townhouse | |
|---|---|
Minimum distance from the front of any building to any other building | 100 feet |
Minimum distance from the side of any building to any other building | 40 feet |
Minimum distance from the rear of any building to any other building | 80 feet |
Minimum distance of recreational or maintenance facilities to any dwelling | 100 feet |
G.
Storage. Each townhouse unit shall have a minimum of 50 square feet of lockable storage in addition to closet storage in bedrooms, bathrooms and kitchens.
§ 500-408 Apartment (APT) District.
A.
Specific intent. The Apartment (APT) District is intended to provide for dwellings in a garden apartment configuration at moderate multifamily densities.
B.
Permitted uses. In the Apartment Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(2)
Community center for the common use of residents.
(3)
Community swimming pool for the common use of residents.
(4)
Outdoor recreational facilities, including tennis or other court sports.
(5)
Off-street parking and private garages, including parking sheds and detached private garages, provided that the structures meet the setbacks for principal buildings and are approved by the approving authority.
(6)
Laundry rooms for the common use of residents.
(7)
Fences, walls, gazebos, mail kiosks and other street furniture.
(8)
Guardhouses.
(10)
Common satellite dish and television antennas.
(11)
Maintenance building.
(12)
Accessory uses customarily incidental to a principal use.
D.
Density. The maximum density of the entire tract in an APT District shall not exceed 10 dwelling units per gross acre.
E.
General tract requirement. All development in the APT District shall be served by public water and public sanitary sewer.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the APT District:
Use Apartments | |
|---|---|
Minimum lot size | 2 acres |
Minimum lot frontage | 150 feet |
Minimum lot depth | 300 feet |
Maximum building coverage | 25% |
Maximum lot coverage | 60% |
Principal building setback from lot line | 75 feet from street, 50 feet otherwise |
Maximum height | 2 stories or 35 feet, whichever is less |
Maximum number of dwellings per building | 18 units |
Accessory building setback, front yard | Guardhouse: 20 feet, no other accessory building permitted in front yard |
Accessory building setback, side or rear yard | 25 feet or buffer requirement, whichever is greater |
Maximum building length through its long axis | 240 feet |
Minimum distance from the front of any building to any other building | 60 feet |
Minimum distance from the side of any building to any other building | 30 feet |
Minimum distance from the rear of any building to any other building | 60 feet |
Minimum distance of recreational or maintenance facilities to any dwelling | 80 feet |
§ 500-408.1 Inclusionary Affordable Apartment Overlay (IA-APT) District.
[Added 4-9-2018 by Ord. No. O-18-03]
A.
Specific intent. The IA-APT Inclusionary Affordable Apartment Overlay District is to provide low- and moderate-income apartments at 1495 Chews Landing Road, Block 8401, Lot 12.02, as part of the Township's Affordable Housing Element and Fair Share Plan and part of the Settlement Agreement with the Fair Share Housing Center.
B.
Permitted use: family apartments.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(2)
Community center for the common use of residents.
(3)
Community swimming pool for the common use of residents.
(4)
Outdoor recreational facilities, including tennis or other court sports.
(5)
Off-street parking and private garages, including parking sheds and detached private garages, provided that the structures meet the setbacks for principal buildings and are approved by the approving authority.
(6)
Laundry rooms for the common use of residents.
(7)
Fences, walls, gazebos, mail kiosks and other street furniture.
(8)
Guardhouses.
(10)
Common satellite dish and television antennas.
(11)
Maintenance building.
(12)
Accessory uses customarily incidental to a principal use.
D.
Maximum density: 14.45 dwelling units per acre; no more than 72 units shall be permitted.
E.
Fifteen percent of all dwelling units constructed in the Zone shall be affordable units. All affordable units shall meet all applicable requirements of: (a) the regulations of the New Jersey Council on Affordable Housing set forth in N.J.A.C. 5:93-1 et seq. any successor statutes or regulations, and (b) the Uniform Housing Affordability Controls ("UHAC") set forth in N.J.A.C. 5:80-26.1 et seq. (as those regulations may be amended from time to time); except that instead of the requirement at that 10% of all rental units shall be affordable to households earning 35% or less of regional median income by household size, the requirement shall be that 13% of all rental units shall be affordable to households earning 30% or less of regional median income by household size.
(1)
The requirements with which all affordable units must comply shall include, but shall not be limited to, those in N.J.A.C. 5:93-1 et seq., and/or UHAC, or any successor statutes or regulations, pertaining to:
(a)
Phasing of the construction of the affordable units in relation to the construction of market rate units;
(b)
Design and integration with market rate units;
(c)
Access to community amenities and use of the same heating source as the market rate units;
(d)
Barrier-free accessibility and/or adaptability for first floor units;
(e)
Affordability controls; and
(f)
Affirmative marketing.
(2)
The affordable units shall be fully integrated with the market units within the development. The site plan/architectural plans submitted with the application for site plan approval shall identify the exact locations and sizes of each of the affordable units proposed.
(3)
If 72 total dwelling units are provided, 11 affordable units set aside shall be required with one affordable unit being affordable to households earning 30% or less of regional median income by household size.
F.
General tract requirement. All development shall be served by public water and public sanitary sewer.
G.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the overlay district:
Use Apartments | |
|---|---|
Minimum lot size | 4.75 acres |
Minimum lot frontage | 400 feet |
Minimum lot depth | 475 feet |
Maximum building coverage | 25% |
Maximum lot coverage | 60% |
Principal building: minimum yard depths and height limitations | |
Minimum front yard | 75 feet |
Minimum side yard | 60 feet |
Minimum rear yard | 50 feet |
Maximum building height | 3 stories or 45 feet, whichever is less |
Maximum number of dwellings per building | 24 units |
Minimum common open space | 35% |
Minimum common courtyard | 12,000 square feet and a minimum width of 60 feet |
Maximum building length through its long axis | 200 feet |
Minimum distance from the front of any building to any other building | 70 feet |
Minimum distance from the side of any building to any other building | 70 feet |
Minimum distance from the rear of any building to any other building | 60 feet |
Accessory building setback, front yard | Guardhouse: 20 feet, no other accessory building permitted in front yard |
Accessory building setback, side or rear yard | 15 feet |
H.
Parking. Parking requirements are in accordance with current RSIS Standards.
I.
Design requirements for apartments. The following standards shall be used in the design of apartment buildings:
(1)
Family apartment buildings should include at least three different bedroom types in at least two sizes.
(2)
Apartment buildings shall not exceed 200 linear feet through the long axis of the building. Longer buildings shall introduce at least a 135º angle at the intersection of the axes between different segments of the building.
(3)
The minimum size for each apartment shall be 500 square feet.
(4)
Each unit above the ground floor shall have a balcony or terrace of at least 60 square feet in area.
(5)
A minimum of 35 square feet of interior storage shall be provided for each unit, excluding bedroom closet space.
(6)
Access to units shall be designed as to provide a sense of safety and security for the residents, particularly in internal stairwells.
(7)
Double loaded, rectangular, slab-configured structures are expressly prohibited.
(8)
Elevators are required in every multistory apartment building.
(9)
All stairs shall be enclosed in the building.
(10)
The exterior of the building shall be designed to visually break up any facade in excess of 50 linear feet. A minimum of a four-foot-deep offset shall be provided in each 100 linear feet of facade length. The design should distinguish between the base, middle, and top of the building.
(11)
All utility meters or boxes, air compressors, heat pumps, or other exterior equipment shall be located on the roof or at the side or rear of buildings and shall be screened by architectural elements or landscape plantings.
(12)
Landscaping shall be provided in accordance with § 500-507, Landscaping and buffering, of the this chapter. In addition, the following applies to this overlay:
(a)
Stormwater management areas shall be a landscape feature and surrounded in the entirety with split rail fencing, or the functional equivalent, prohibiting chain-link fencing and planted with a landscaping mix of ornamental grasses, evergreen and deciduous shrubs and trees.
(13)
Buffering.
(a)
In order to promote a desirable visual environment and maintain the development character, and quality of the Township, a natural or planted buffer shall be installed along any property line of proposed business, commercial, or industrial development where said property line is contiguous to, or across the street from, land that is either zoned for residential use or upon which is located a residential use. A buffer shall also be installed along property lines between any parking lot or driveway servicing multifamily, townhouse, or similar units and single-family, duplex, or twin units.
(b)
Buffer areas shall be planted and maintained with grass or other suitable ground cover together with evergreen and deciduous trees, shrubbery, berms, natural features, and/or fencing, and be so designed so as to be more effective the closer an activity is located to a property line or the more intense the use.
(c)
The buffer area shall be a minimum of 15 feet in width.
(d)
No structure, stormwater management facility, activity, storage of materials or parking of vehicles shall be permitted within a buffer area.
(14)
Off-street parking areas shall be landscaped and buffered in accordance with § 500-510, Off-street parking.
(16)
Site plan shall be generally consistent with attached exhibit[2] entitled "Concept Plan 2 1495 Chews Landing Road Tract Plate 84, Block 8401, Lot 12.02 Gloucester Township, Camden County, NJ"; prepared by Consulting Engineer Services, last revised January 31, 2017.
[2]
Editor's Note: Said exhibit is available from the Township offices.
§ 500-408.2 Little Pond Overlay (LP) District.
[Added 11-22-2021 by Ord. No. O-20-07]
A.
Specific intent. The Little Pond Overlay District is to provide mixed use development at 1110 Chews Landing-Clementon Road, Block 20601, Lot 4, consisting of commercial fronting along Chews Landing Road (County Route 683) of a minimum of 23,000 SF single-story commercial as indicated on the attached concept plan dated March 5, 2020, last revised July 1, 2020. Only commercial is permitted to front on Chews Landing Road (County Route 683). Commercial uses must comply with permitted use prescribed in the Township's HC - Highway Commercial District.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(2)
Community center for the common use of residents.
(3)
Community swimming pool for the common use of residents.
(4)
Outdoor recreational facilities, including tennis or other court sports.
(5)
Off-street parking and private garages, including parking sheds and detached private garages, provided that the structures meet the setbacks for principal buildings and are approved by the approving authority.
(6)
Laundry rooms for the common use of residents.
(7)
Fences, walls, gazebos, mail kiosks and other street furniture.
(8)
Guardhouses.
(10)
Common satellite dish and television antennas.
(11)
Maintenance building.
(12)
Accessory uses customarily incidental to a principal use.
D.
Maximum residential density: 8.4 dwelling units per acre; no more than 89 townhouse units shall be permitted.
E.
Commercial must be constructed at the time of 50% of the townhomes have been constructed and received certificates of occupancy.
F.
An affordable housing development fee will be required for the commercial and residential portions of this development. In accordance with Article IX, § 500-902, the Township's affordable housing development fee is 2.5% of equalized assessed value for commercial and 1.5% of equalized assessed value for residential.
G.
Commercial parking setbacks and other attributes shall be as required under Article V, Performance and Design Standards, of this chapter.
H.
Residential parking provisions must be developed in accordance with New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).
I.
Open space shall not include stormwater basins and shall be consistent with Township standards for open space. Perimeter buffers shall be included in the minimum open space.
J.
General tract requirement. All development shall be served by public water and public sanitary sewer.
K.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the overlay district:
Use Commercial | |
|---|---|
Minimum lot area | 2.5 acres |
Minimum lot frontage | 150 feet |
Minimum lot depth | 200 feet |
Maximum building coverage | 25% |
Maximum impervious coverage | 75% |
Minimum front yard | 50 feet |
Minimum side yard | 25 feet |
Minimum rear yard | 30 feet |
Maximum building height | 1 story or 30 feet, whichever is less |
Minimum commercial building square footage | 20,000 square feet as indicated in Exhibit A |
Off-street parking | 4 spaces/1,000 square feet of commercial |
Minimum tract perimeter buffer | 25 feet |
Minimum parking setback from ROW | 25 feet |
Minimum parking setback from internal lot lines | 10 feet |
Use Residential | |
|---|---|
Maximum gross density | 8.4 units per gross acre |
Minimum tract perimeter buffer | 25 feet |
Minimum tract perimeter building setback | 35 feet |
Minimum tract perimeter parking setback | 25 feet |
Minimum lot size | 1,700 square feet per townhouse lot |
Minimum lot width | 20 feet |
Minimum lot depth | 85 feet |
Minimum front yard | 20 feet |
Minimum side yard (end wall) | 10 feet |
Minimum rear yard | 22 feet |
Maximum building height | 3 stories or 35 feet, whichever is less |
Maximum number of dwellings per structure | 6 units |
Minimum common open space | 25% |
Minimum distance from the front of any building to any other building | 70 feet |
Minimum distance from the side of any building to any other building | 30 feet |
Minimum distance from the rear of any building to any other building | 60 feet |
Accessory building setback, side or rear yard | 5 feet |
L.
A homeowners' association (HOA) will be required as part of the townhouse/residential portion of the development. The HOA shall own and be responsible for all maintenance of streets, parking areas, and common open space. Snow removal and stormwater maintenance shall also be the responsibility of the HOA.
M.
Trash and recycling: provisions must be agreed upon by the Township. Location of all trash receptacles must be indicated on the plans and be specifically approved by Township Public Works for trash and Gloucester Township Municipal Utilities Authority.
N.
Architectural standards.
(1)
Decorative streetlights required throughout the development (both commercial and residential portions).
(2)
Cobblestone curbing required in residential portion of development.
(3)
The following standards shall be used in the design of townhouse buildings:
(a)
The front facades of at least 40% of the number of units in a structure shall be set back not less than three feet behind the facades of the remaining units in such structure.
(b)
The roof lines of at least 30% of the number of units, which are attached in a structure, shall be staggered in height by not less than 5% of the height of the roof lines of the remaining units in such structure. Chimneys, skylights, dormers, and other roof structures are encouraged to vary the elevation and provide additional light into upper story units.
(c)
Where an outdoor living space is included for a unit, it shall be provided with adequate visual screening from all other neighboring dwelling units, outdoor living spaces, parking areas and roadways. Screening may be accomplished with plant materials, masonry structures or wood fencing a minimum of four feet in height. Architectural elements, such as masonry walls and fences, shall be compatible in both style and materials with the dwelling unit.
(d)
Architectural exterior shall be generally consistent with attached "Beethoven" model exhibit prepared by Ryan Homes.
O.
Buffering.
(1)
In order to promote a desirable visual environment and maintain the development character, and quality of the Township, a natural or planted buffer shall be provided along the entire perimeter of the residential portion of the development. Also, for the commercial portion, a buffer shall be provided along the portions of commercial development area that is contiguous to, or across the street from, land that is either zoned for residential use or upon which is located a residential use.
(2)
Buffer areas shall be planted and maintained with grass or other suitable ground cover together with evergreen and deciduous trees, shrubbery, berms, natural features, and/or fencing, and be so designed so as to be more effective the closer an activity is located to a property line or the more intense the use.
(3)
The buffer area easement shall be a minimum of 25 feet in width.
(4)
No structure, stormwater management facility, activity, storage of materials or parking of vehicles shall be permitted within a buffer area.
P.
Off-street loading areas. At least one off-street loading area shall be provided for the commercial development. The loading area shall be screened sufficiently to obscure the view of the loading vehicles and platforms from any public street, adjacent uses, or on-site parking areas throughout the year. Such screening shall be by extension of the building, a fence, berm, wall, evergreen planting, or combination thereof.
Q.
For the commercial and residential portions of the development, all streets and drive aisles shall be designed to allow for sufficient two-way traffic circulation of delivery vehicles, buses, a ladder truck and other emergency vehicles.
R.
Other design requirements for the entire site. The following standards shall be used in the design of residential and commercial buildings:
(1)
All utility meters or boxes, air compressors, heat pumps, or other exterior equipment shall be located on the roof or at the side or rear of buildings and shall be screened by architectural elements or landscape plantings.
(2)
Landscaping shall be provided in accordance with § 500-507, Landscaping and buffering, of this chapter. In addition, the following applies to this overlay:
(a)
Stormwater management areas shall be a landscape feature and surrounded in the entirety with split rail fencing, or the functional equivalent, prohibiting chain-link fencing and planted with a landscaping mix of ornamental grasses, evergreen and deciduous shrubs and trees.
(3)
Site plan shall be generally consistent with attached exhibit[2] entitled "Conceptual Site Plan Little Pond Village Block 20601 Lot 4 Plate 206 Gloucester Township, Camden County, New Jersey"; prepared by Terrence H. Combs, PP, RLA, The Pettit Group, LLC; dated March 5, 2020.
[2]
Editor's Note: Said exhibit is available from the Township offices.
§ 500-409 Senior Citizen Residential (SCR) District.
A.
Specific intent. The Senior Citizen Residential (SCR) district is intended for age-restricted development conforming to the planned unit residential development requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-39b). The type of residential development may take a number of attached and detached forms, and the district provides for the integration of limited medical and health care services for the primary use of residents.
B.
Permitted uses. In the Senior Citizen Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Single-family detached dwelling.
(2)
Semidetached dwelling.
(3)
Townhouse.
(4)
Quadraplex.
[Added 1-24-2005 by Ord. No. O-05-02]
(5)
Continuing care retirement community consisting of at least the uses in § 500-409B(1) or (2) and (8).
[Amended 1-24-2005 by Ord. No. O-05-02]
(6)
Assisted living residence.
[Amended 1-24-2005 by Ord. No. O-05-02]
(7)
Congregate care apartment.
[Amended 1-24-2005 by Ord. No. O-05-02]
(8)
Long-term care facility.
[Amended 1-24-2005 by Ord. No. O-05-02]
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Minor home occupation, subject to the standards of § 500-422G, in the uses in § 500-409B(1) through (4), only.
[Amended 1-24-2005 by Ord. No. O-05-02]
(2)
Community swimming pool for the common use of residents.
(3)
Outdoor recreational facilities, including tennis or other court sports.
(4)
Off-street parking and private garages, including parking sheds and detached private garages, provided that the structures meet the setbacks for principal buildings and are approved by the approving authority.
(5)
Fences, walls, gazebos, mail kiosks and other street furniture.
(6)
Guardhouses.
(8)
Common satellite dish and television antennas.
(9)
Maintenance building.
(10)
Facility management office.
(11)
Social service facilities for the benefit primarily of residents, including transportation services.
(12)
Personal and medical service uses integrated into an assisted living or long-term care facility building occupying no more than 20% of the gross floor area.
(13)
Accessory uses customarily incidental to a principal use.
D.
Density. The maximum density of the entire tract in a SCR District shall not exceed the following density limits:
E.
General district requirements. The general tract requirements for development within the SCR District are as follows:
(1)
The minimum tract area for uses in § 500-409B(1) through (5) hereinabove shall be 10 acres.
[Amended 1-24-2005 by Ord. No. O-05-02]
(2)
The tract shall be served by public water and sewer.
(3)
Any development in the SCR District composed of single-family detached, semidetached or townhouse dwellings or a combination of same shall include a separate clubhouse or community center for residents. The floor area of the clubhouse or community center shall be a minimum of 2,500 square feet or 50 square feet per unit, whichever is greater.
(4)
The minimum common or public open spaces shall be 35% of total tract area.
(5)
The minimum habitable floor area shall be 800 square feet for uses in § 500-409B(1) through (4) hereinabove.
[Amended 1-24-2005 by Ord. No. O-05-02]
(6)
A minimum of 80% of the residents of any such development shall be 55 years of age or older, and the development shall have services and facilities specifically designed for that adult age group; occupancy by persons under 18 years of age shall be prohibited; and said development shall at all times comply with the definition of the U.S. Secretary for Housing and Urban Development for Housing for Older Persons as set forth in the HUD Regulations presently existing or hereafter amended.
(7)
A homeowners', condominium or cooperation association shall be required for the maintenance of common areas, including common open space, unless the entire project is for rental purposes or publicly owned.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the SCR District:
(1)
Single-family detached and semidetached single-family dwellings, fee simple townhouses and quadaplexes and other uses.
[Amended 1-24-2005 by Ord. No. O-05-02; 12-28-2016 by Ord. No. O-16-23]
Use | |||||
|---|---|---|---|---|---|
Single-Family Detached | Single-Family Semidetached | Fee Simple Townhouse | Fee Simple Quadraplex | Other Use | |
Minimum lot size | 6,000 square feet | 3,400 square feet for each dwelling | 2,000 square feet for each dwelling | 2,000 square feet for each dwelling | 2 acres |
Minimum lot frontage | 60 feet | 40 feet | 20 feet | 80 feet | 200 feet |
Minimum lot depth | 100 feet | 100 feet | 100 feet | 100 feet | 400 feet |
Maximum building coverage | 40% | 50% | 60% | 60% | 10% |
Maximum lot coverage | 60% | 65% | 70% | 70% | 25% |
Principal building: minimum yard depths and height limitations | |||||
Front yard | 25 feet | 25 feet | 25 feet | 25 feet | 40 feet |
Side yard | 10 feet | 0 feet one side, 10 feet other side | 20 feet end wall only | 18 feet end wall only | 30 feet |
Rear yard | 20 feet | 20 feet | 20 feet | 20 feet | 75 feet |
Minimum usable yard area | 30% | 30% | 20% | 20% | N/A |
Maximum height | 35 feet | 35 feet | 35 feet | 35 feet | 40 feet |
Parking area setbacks | |||||
From dwelling | N/A | N/A | 15 feet | 15 feet | N/A |
From arterial or collector street | N/A | N/A | 35 feet | 35 feet | 50 feet |
From public or private residential access street | N/A | N/A | 25 feet | 25 feet | 30 feet |
(2)
Townhomes and quadraplexes in a condominium or cooperative development. Where individual fee simple lots are not proposed, the following distance requirements shall substitute for required yard areas.
[Amended 1-24-2005 by Ord. No. O-05-02]
Use | ||
|---|---|---|
Condominium or Cooperative Townhome | Condominium or Cooperative Quadraplex | |
Minimum distance from the front of any building to any other building | 100 feet | 75 feet |
Minimum distance from the side of any building to any other building | 40 feet | 36 feet |
Minimum distance from the rear of any building to any other building | 80 feet | 60 feet |
Minimum distance of recreational or maintenance facilities to any dwelling | 100 feet | 75 feet |
(3)
Assisted living facility, congregate care apartment and long-term care facility:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | |||
|---|---|---|---|
Assisted Living Facility | Congregate Care Apartment Building | Long-Term Care Facility | |
Minimum lot size | 4 acres | 2 acres | 4 acres |
Maximum lot size or net tract area | 8 acres | 8 acres | 8 acres |
Minimum lot frontage | 200 feet | 150 feet | 200 feet |
Minimum lot depth | 300 feet | 300 feet | 300 feet |
Maximum building length through its long axis | 240 feet | 200 feet | 240 feet |
Maximum building coverage | 35% | 25% | 35% |
Maximum lot coverage | 65% | 65% | 65% |
Principal building: minimum yard depths and height limitations | |||
Front yard | 75 feet | 75 feet | 75 feet |
Side yard | 50 feet | 50 feet | 50 feet |
Rear yard | 50 feet | 50 feet | 50 feet |
Maximum height | 3 stories or 45 feet, whichever is less | 3 stories or 45 feet, whichever is less | 3 stories or 45 feet, whichever is less |
Parking area setbacks | |||
From building (excluding loading areas) | 12 feet | 12 feet | 12 feet |
From public street | 50 feet | 50 feet | 50 feet |
From internal street or collector driveway | 10 feet | 10 feet | 10 feet |
G.
Additional requirements.
§ 500-410 Golf Course Residential (GCR) District.
A.
Specific intent. The purpose of the Golf Course Residential District is for a comprehensively planned residential and golf course development conforming to the planned residential development requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-39b). Residential uses are intended to be of several different housing types with a full-size golf course, including ancillary recreation and amenities.
C.
Accessory uses and structures. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Townhouse and multifamily dwellings.
(b)
Community center for the common use of residents.
(c)
Swimming pool for the common use of residents.
(d)
Home occupation.
(e)
Off-street parking and private garages.
(f)
Outdoor recreational facilities, including tennis or other court sports.
(g)
Private residential toolshed on fee simple townhouse lots, only.
(h)
Decks.
(i)
Maintenance building for the upkeep of grounds and common areas.
(j)
Parking sheds and detached private garages approved by the approving authority.
(2)
Golf course.
(a)
Clubhouse, including eating and drinking establishments.
(b)
Driving range, putting green and similar practice areas.
(c)
Course shelters, beverage kiosks, sanitary facilities and similar on-course structures for the playing of golf.
(d)
Pro-shop.
(e)
Cart storage and maintenance building.
(f)
Swimming and/or tennis club.
(g)
Maintenance building for the upkeep of grounds and common areas.
D.
Density. The permitted residential density of the tract shall not exceed 4.5 dwelling units per acre of that portion of the development devoted to residential purposes.
E.
General tract requirements. All development within the GCR District shall comply with the following general tract requirements:
(1)
Minimum tract area shall be 150 acres.
(2)
The tract shall be served by public water and sewer.
(3)
No residential construction shall occur on soils where the depth to seasonal high water table is less than three feet.
(4)
No building shall be constructed within 50 feet of state open waters.
(5)
The impervious surface coverage for the entire tract shall not exceed 35%.
(6)
No more than eight townhouses, 16 multifamily units or 12 units in a combined townhouse and multifamily building shall be permitted.
F.
Open space requirements. A minimum of 100 acres shall be devoted to open space which shall minimally include an eighteen-hole, minimum par 70 golf course conforming to the Professional Golfers' Association standards, which shall be permanently deed restricted for golf course purposes.
G.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the GCR District:
(1)
Residential uses.
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | |||
|---|---|---|---|
Fee Simple Townhouse | Condominium or Cooperative Townhouse | Multifamily Building | |
Minimum lot size | 2,000 square feet | 80,000 square feet | 80,000 square feet |
Minimum lot frontage | 20 feet | 150 feet | 150 feet |
Minimum lot depth | 100 feet | 100 feet | 100 feet |
Maximum building coverage | 50% | 40% | 40% |
Maximum lot coverage | 65% | 65% | 65% |
Principal building: minimum yard depths, setbacks and height limitations | |||
Front yard | 20 feet | 20 feet | 20 feet |
Tract perimeter setback | 50 feet | 50 feet | 50 feet |
Rear yard | 20 feet | 20 feet | 20 feet |
Minimum usable yard area | 30% | 30% | N.A. |
Maximum height | 2 1/2 stories or 40 feet, whichever is less | 2 1/2 stories or 40 feet, whichever is less | 2 1/2 stories or 40 feet, whichever is less |
Parking area setbacks | |||
From building | N/A | 10 feet | 10 feet |
From arterial or collector street | N/A | 35 feet | 35 feet |
From public or private residential access street | N/A | 15 feet | 15 feet |
N/A = Not applicable. |
(2)
Townhouse in condominium or cooperative development. Where individual fee simple lots are not proposed, the following separation requirements between building and parking areas shall also apply:
Condominium or Cooperative Townhouse | |
|---|---|
Minimum distance from the front of any building to any other building front | 90 feet |
Minimum distance from the side of any building to any other building | 30 feet |
Minimum distance from the rear of any building to any other building | 60 feet |
Minimum distance of recreational or maintenance facilities to any dwelling | 60 feet |
H.
Additional requirements.
(1)
Parking shall be accommodated by locating parking areas within 100 feet of dwelling structures.
(2)
No more than 35% of the required parking for multifamily dwelling units shall be allowed as on-street (either public or private) parking.
(3)
No more than 50% of the required parking for a townhouse or combined townhouse and multifamily building shall be allowed as on-street (either public or private) parking.
(4)
All remaining required parking shall be provided in a designated parking area.
(5)
A minimum fifteen-foot-wide usable and unobstructed fire lane at the rear of all multifamily dwelling units with access to same shall be required by way of deed restriction, in a form approved by the approving authority.
§ 500-411 (Reserved) [1]
[1]
Editor's Note: Former Section 411, Blackwood West District (BWD), amended 12-13-2004 by Ord. No. O-04-37, was repealed 1-25-2016 by Ord. No. O-15-20.
§ 500-412 Office Residential (OR) District.
A.
Specific intent. The purpose of the Office Residential District is to permit a combination of single-family detached residential uses interspersed with professional offices in areas consisting mainly of residential uses. It is intended that professional office development mimic the size and scale of residential buildings and in its design use architectural elements common to adjacent and nearby residences.
B.
Permitted uses. In the Office Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Offices of a recognized profession, including, but not limited to, medicine, social services, finance, accounting, law, engineering, architecture and planning, but not to include real estate and insurance offices or similar use with a significant retail customer component.
(2)
Single-family detached residences.
(3)
Child-care center.
(4)
Municipal use.
(5)
Religious use.
(6)
Funeral home.
(7)
Social club, fraternal, social service, union or civic organization use.
C.
Accessory uses and structures. Any of the following uses and structures may be permitted when used in conjunction with a principal use:
(1)
Single-family detached dwellings.
(5)
Accessory uses customarily incidental to a principal use.
D.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the OR Zone:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | ||||
|---|---|---|---|---|
Single-Family Detached | Professional Office | Religious Use | All Other Uses | |
Minimum lot size | 1 acre | 15,000 square feet | 80,000 square feet | 20,000 square feet |
Minimum lot frontage | 125 feet | 75 feet | 150 feet | 125 feet |
Minimum lot depth | 200 feet | 125 feet | 200 feet | 150 feet |
Maximum building coverage | 15% | 20% | 30% | 20% |
Maximum lot coverage | 30% | 65% | 65% | 65% |
Principal building: minimum yard depths, setbacks and height limitations | ||||
Front yard | 50 feet | 30 feet | 50 feet | 50 feet |
Side yard | 25 feet | 10 feet one side, 25 feet aggregate | 30 feet | 10 feet one side, 25 feet aggregate |
Rear yard | 75 feet | 30 feet | 50 feet | 30 feet |
Minimum usable yard area | 25% | N.A. | N.A. | N.A. |
Maximum height | 35 feet | 35 feet | 45 feet to roof peak, 80 feet to roof projection | 35 feet |
Parking area setbacks | ||||
From building | N/A | 5 feet | 10 feet | 10 feet |
From arterial or collector street | N/A | 30 feet | 35 feet | 35 feet |
From residential access street | N/A | 30 feet | 35 feet | 35 feet |
From side or rear property line | N/A | 10 feet | 15 feet | 10 feet |
N/A = Not applicable. |
§ 500-413 Office (OF) District.
A.
Specific intent. The Office (OF) District is intended for both professional and general business offices and business services in areas not suited for retail development. The purpose of the district is also to provide support services to other commercial uses within the Township and region.
B.
Permitted uses. In the OF Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Business and administrative offices.
(2)
Offices of a recognized profession, including, but not limited to, medicine, social services, finance, accounting, law, engineering, architecture and planning.
(3)
Real estate and insurance offices.
(4)
Offices for manufacturer's representatives.
(5)
Copying, photographic and reproduction services.
(6)
Office equipment sales and services.
(7)
Mailing and packaging services.
(8)
Child-care center.
(9)
Municipal uses.
C.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the specific conditions hereinbelow:
(1)
Adult day-care center, subject to the following criteria:
E.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the OF Zone:
All Uses | |
|---|---|
Minimum lot size | 20,000 square feet |
Minimum lot frontage | 125 feet |
Minimum lot depth | 150 feet |
Maximum building coverage | 20% |
Maximum lot coverage | 65% |
Principal building: minimum yard depths, setbacks and height limitations | |
Front yard | 50 feet |
Side yard | 10 feet one side, 25 feet aggregate |
Rear yard | 30 feet |
Maximum height | 35 feet |
Accessory building: minimum yard depths and height | |
Front yard | N.P. |
Side yard | N.P. |
Rear yard | 10 feet |
Maximum garage height | 15 feet |
Maximum other building height | 12 feet |
Parking area setbacks | |
From building | 10 feet |
From arterial or collector street | 35 feet |
From residential access street | 25 feet |
From side or rear property line | 10 feet |
N.P. = Not a permitted location or use. |
§ 500-414 Commercial Residential (CR) District.
A.
Specific intent. The Commercial Residential (CR) District is intended for older commercialized areas of the Black Horse Pike and Lower Landing Road developed before high levels of car ownership required significant off-street parking. This district retains a mix of residential uses, including small apartment buildings. Because of the era in which the uses were established, commercial uses that entail relatively low customer activity are encouraged, while retaining certain personal services uses already established in this area.
B.
Permitted uses. In the CR Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Appliance, electronics sales and service shops, video and multimedia sales and rentals, recorded music and computer software sales.
(2)
Art or artisan studio, galleries, antique stores, and thrift shops.
(3)
Clothing and clothing accessory stores, dry-cleaning and tailoring services.
(4)
Bank and financial institutions, excluding drive-through facilities.
(5)
Funeral homes.
(6)
Professional offices, excluding medical and dental practitioners.
(7)
Grocery, bakery, ice cream, convenience, drug, liquor, and dry goods stores; card, gift and flower shops, excluding drive-through facilities.
(8)
Hardware, paint, plumbing, and electrical supply stores, but not to include lumberyards, home centers or masonry supply stores.
(9)
Lighting, carpet, and furniture stores.
(10)
Musical instrument stores.
(11)
Restaurants, luncheonettes and coffee shops, excepting fast-food restaurants and drive-through facilities.
(12)
Single-family detached, single-family semidetached and duplex dwellings.
(13)
Parks and playgrounds.
(14)
Municipal use.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in § 500-422:
(1)
Private residential swimming pool and cabana.
(2)
Private residential toolshed.
(3)
Private residential greenhouse.
(4)
Recreational vehicle storage.
(5)
Outdoor recreational facilities, including tennis or other court sports.
(6)
Off-street parking and private garage.
(7)
Fences and walls.
(8)
Deck.
(9)
Nonresidential maintenance shed not to exceed 120 square feet.
(12)
Satellite dish and television antennas.
(13)
Accessory uses customarily incidental to a principal use.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
(5)
Adult day-care center, subject to the following criteria:
(6)
Marijuana dispensaries operating under a Class 5 New Jersey State marketplace, conditional, or microbusiness license are conditionally permitted, so long as all of the following criteria are met:
[Added 8-9-2021 by Ord. No. O-21-09]
(a)
No closer than 2,000 feet to a lot containing any other retail dispensary facility, as measured by the radius from the facility's main entrance.
(b)
No closer than 1,000 feet to any public or private school serving grades K-12, day-care facility, or public park, as measured by the radius from the facility's main entrance.
(c)
Dispensaries shall not utilize a drive-through window.
(d)
No closer than 500 feet to any lot containing a single, double, or multifamily residential use, as measured by the radius from the facility's main entrance.
(e)
The facility may be open to customers from 8:00 a.m. through 10:00 p.m.
(g)
Consumption area endorsements are prohibited.
E.
Floor area ratio limitation. Nonresidential uses shall not exceed a floor area ratio of 0.25.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the CR District:
[Amended 12-28-2016 by Ord. No. O-16-23]
Use | |||||
|---|---|---|---|---|---|
Single-Family Detached | Semidetached and Duplex | Office, Retail and Multifamily Use | House of Worship and Municipal Uses | Other Use | |
Minimum lot size | 6,250 square feet | 4,650 square feet per unit | 9,375 square feet | 15,000 square feet | 1 acre |
Minimum lot frontage | 50 feet | 75 feet | 75 feet | 100 feet | 100 feet |
Minimum lot depth | 100 feet | 100 feet | 100 feet | 100 feet | 300 feet |
Maximum building coverage | 35% | 35% | 35% | 30% | 15% |
Maximum lot coverage | 65% | 65% | 75% | 75% | 50% |
Principal building minimum yard depths and height limitations | |||||
Front yard | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet |
Side yard | 10 feet | 0 feet for common wall, 10 feet otherwise | 10 feet | 10 feet | 10 feet |
Rear yard | 20 feet | 20 feet | 25 feet | 25 feet | 25 feet |
Minimum usable yard area | 25% | 25% | N/A | N/A | N/A |
Maximum height | 35 feet | 35 feet | 35 feet | 40 feet | 35 feet |
Parking area setback | |||||
In front of the building line | N/A | N/A | N.P. | N.P. | N.P. |
From side property line | N/A | N/A | 8 feet | 10 feet | 15 feet |
From rear property line | N/A | N/A | 10 feet | 10 feet | 15 feet |
N.P. = Not a permitted location or use. N/A = Not applicable. |
§ 500-415 Neighborhood Commercial (NC) District.
A.
Specific intent. The purpose of the Neighborhood Commercial (NC) District is to provide for the development of neighborhood shopping centers, individual retail uses and office facilities which provide for personal services primarily to nearby neighborhoods.
B.
Permitted uses. In the NC District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Appliance, electronics sales and service shops, video and multimedia sales and rentals, recorded music and computer software sales.
(2)
Art or artisan studio, galleries, antique stores, and thrift shops.
(3)
Banks and other financial offices, including drive-through facilities.
(4)
Clothing and clothing accessory stores.
(5)
Funeral homes.
(6)
Grocery, bakery, ice cream, convenience, drug, liquor, and dry goods stores; card, gift and flower shops.
(7)
Hardware, paint, plumbing, and electrical supply stores, but not to include lumberyards, home centers or masonry supply stores.
(8)
Health and fitness centers.
(9)
Indoor recreation and leisure facilities.
(10)
Lighting, carpet, and furniture stores.
(11)
Musical instrument stores.
(12)
Personal sales and services.
(13)
Professional, real estate, and insurance offices.
(14)
Restaurants, luncheonettes, coffee shops, take-out shops and other eating establishments, excepting fast-food restaurants.
(15)
Parks and playgrounds.
(16)
Municipal use and other governmental offices.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in Article V:
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
(1)
Auto service facilities and service stations subject to the following criteria:
(a)
The minimum lot size shall be one acre.
(b)
Motor fuel pumps shall be a minimum of 28 feet from a right-of-way line.
(c)
The closest portion of a motor fuel canopy shall be a minimum of 20 feet from a right-of-way line.
(d)
No such use shall be permitted on Lower Landing and Little Gloucester Roads.
(2)
Convenience stores subject to the following criteria:
(a)
The minimum lot size shall be 60,000 square feet.
(b)
Drive-through facilities shall be limited to a capacity of six vehicles.
(c)
If combined with motor fuel dispensers, the following criteria shall apply:
[1]
The minimum distance from a motor fuel pump and the nearest parking space shall be 30 feet.
[2]
The closest portion of a motor fuel canopy shall be a minimum of 20 feet from a right-of-way line.
[3]
No more than four motor fuel dispensers shall be permitted.
[5]
When combined with motor fuel dispensers.
[a]
When combined with motor fuel dispensers, a convenience store shall not exceed a total gross floor area of 3,200 square feet, unless it meets the following additional criteria:
[b]
Should these criteria be met, then § 500-415D(2)(c)[3] hereinabove shall not apply.
(5)
Marijuana dispensaries operating under a Class 5 New Jersey State conditional or microbusiness license are conditionally permitted, so long as all of the following criteria are met.
[Added 8-9-2021 by Ord. No. O-21-09]
(a)
No closer than 2,000 feet to a lot containing any other retail dispensary facility, as measured by the radius from the facility's main entrance.
(b)
No closer than 1,000 feet to any public or private school serving grades K-12, day-care facility, or public park, as measured by the radius from the facility's main entrance.
(c)
Dispensaries shall not utilize a drive-through window.
(d)
No closer than 200 feet to any lot containing a single, double, or multifamily residential use, as measured by the radius from the facility's main entrance.
(e)
The facility may be open to customers from 8:00 a.m. through 10:00 p.m.
(g)
Consumption area endorsements are prohibited.
(h)
A Class 5 marketplace license holder shall be permitted to operate within the Neighborhood Commercial District, so long as the marketplace license is converted from an existing conditional or microbusiness license.
[1]
In the event of such a conversion, proof of the converted license shall be deemed sufficient for the Zoning Officer to issue and/or renew any permits or approvals, and variance relief shall not be necessary so long as the license holder remains compliant with the other provisions of this section.
E.
Floor area ratio limitation. Nonresidential uses shall not exceed a floor area ratio of 0.25, except for convenience stores with motor fuel pumps wherein the maximum gross floor area shall not exceed 3,200 square feet.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the NC District:
Use | |||
|---|---|---|---|
Retail and Office Use | Service Station and Auto Repair Facility | Other Use | |
Minimum lot size | 20,000 square feet | 1 acre | 1 acre |
Minimum lot frontage | 80 feet | 150 feet | 100 feet |
Minimum lot depth | 200 feet | 200 feet | 300 feet |
Maximum building coverage | 25% | 20% | 15% |
Maximum lot coverage | 75% | 65% | 50% |
Principal building: minimum yard depths and height limitations | |||
Front yard | 75 feet | 20 feet | 20 feet |
Side yard | 10 feet | 10 feet | 10 feet |
Rear yard | 30 feet | 30 feet | 25 feet |
Maximum height | 40 feet | 1 story | 35 feet |
Parking area setback(1) | |||
From any right-of-way | 25 feet | 10 feet | N.P. |
From side property line | 10 feet(2) | 10 feet | 15 feet |
From rear property line | 10 feet | 10 feet | 15 feet |
(1) - Unless a wider setback is required for a landscape buffer. |
(2) - Except where parking lots are shared. |
N.P. = Not a permitted location or use. |
§ 500-416 Highway Commercial (HC) District.
A.
Specific intent. The purpose of the Highway Commercial (HC) District is to provide for the development of commercial activities which are oriented for automotive use and traffic and which constitute the main shopping and service areas within the municipality.
B.
Permitted uses. In the HC District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Retail sales and services.
(2)
Personal sales and services.
(3)
Eating establishments, including restaurants, lunch counters, delicatessens, tearooms, cafes, and coffee shops, excepting fast-foods restaurants and associated drive-through facilities.
[Amended 6-9-2008 by Ord. No. O-08-12]
(5)
Offices for the conduct of medical or other professions, real estate, insurance agency, financial services including drive-through facilities, messenger or telegraph services, call center and general and administrative offices.
[Amended 5-23-2005 by Ord. No. O-05-16]
(6)
Government and utility offices, including a post office or other public or semipublic offices, but not to include maintenance yards or vehicle servicing facilities.
(7)
Indoor recreational and leisure facilities.
(8)
Outdoor recreation, excepting go-karts, motorcycles or other motorized conveyances.
(11)
Home centers.
[Amended 6-9-2008 by Ord. No. O-08-12]
(12)
Libraries and museums.
(14)
Motel, hotel and ancillary uses, including restaurants, meeting rooms, conference rooms and recreational facilities.
(17)
Laboratory, dental and medical.
(19)
Catering establishment.
(20)
Business and institutional school, including trade school.
(21)
Dance and martial arts studios.
(23)
Municipal use.
(24)
Alternative treatment center medical cannabis dispensary.
[Added 12-13-2021 by Ord. No. O-21-14]
(a)
A medical cannabis dispensary operated by an alternative treatment center, as these terms are defined by the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c 16,[9] as a satellite dispensary location subject to the following requirements:
[1]
Full support by the Mayor and Township Council of the Township of Gloucester, County of Camden, as part of its application to the New Jersey Department of Health for review by the New Jersey Cannabis Regulatory Commission after the effective date of the Jake Honig Compassion Use Medical Cannabis Act, P.L. 2019, c. 153.[10]
[10]
Editor's Note: See N.J.S.A. 24:6I-1 et seq.
[2]
An alternative treatment center may also operate a marijuana retail dispensary under a Class 5 New Jersey State marketplace, conditional, or microbusiness license within the same facility as the medical cannabis dispensary.
[9]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(25)
Agricultural uses in existence prior to December 31, 2021.
[Added 10-24-2022 by Ord. No. O-22-14]
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in Article V:
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
(1)
Automobile repair shops and gasoline service stations.
(a)
The minimum lot size for service stations shall be 20,000 square feet, the minimum lot frontage shall be 125 feet, and the minimum lot depth shall be 125 feet.
(b)
All fuel pumps, appliances and/or pumps shall be located at least 35 feet from the street lines and 25 feet from the side and rear property line or edge of any required buffer areas.
(c)
Notwithstanding any other provision to the contrary, service stations shall be permitted two entrances and exits on one street frontage and three per lot.
(d)
All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building or roofed structure.
(e)
All fuel tanks shall be installed underground.
(f)
All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
(g)
No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage, except as noted herein. No more than eight vehicles awaiting repair or disposition at the repair garage shall be permitted on the premises for a period not exceeding seven days, except that up to three inoperable vehicles in an enclosed building may be permitted.
(h)
No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale or rent shall be permitted.
(2)
Factory-authorized sales and service of automobiles, trucks under 10,000 pounds gross vehicle weight, boats, recreational vehicles, campers and trailers, motorcycles, and off-road vehicles, including ancillary sales of parts and body repair services, truck and bus sales and service, including rental thereof, of vehicles in excess of 10,000 pounds gross vehicle weight, subject to the following criteria:
[Amended 6-9-2008 by Ord. No. O-08-12]
(a)
The minimum lot size shall be 10 acres.
(b)
All repair bay doors shall be oriented away from any adjacent residential district and screened from public view.
(c)
Display of vehicles for sale shall not be located closer than 25 feet to the front property line. All other outdoor vehicle storage shall be screened with a minimum landscape buffer of 50 feet in width.
(3)
Car washes subject to the following criteria:
(a)
Automatic conveyor car washes shall have the capacity to stack a minimum of 12 vehicles. Exit driveway aprons shall have the capacity for a minimum of three vehicles. A bypass lane shall be required. Vacuum equipment shall be accessible from both the entrance and exit lanes of the facility.
(b)
Coin-operated manual car washes shall be limited to six washing bays. Change machines shall be clearly visible from the public right-of-way. Incidental signs shall be required that legibly include the telephone number of the site manager to contact in the event of a malfunction.
(5)
Convenience stores subject to the following criteria:
(a)
The minimum lot size shall be 60,000 square feet.
(b)
Drive-through facilities shall be limited to a capacity of six vehicles.
(d)
If combined with motor fuel dispensers, the following criteria shall apply:
[1]
The minimum distance from a motor fuel pump and the nearest parking space shall be 30 feet.
[2]
The closest portion of a motor fuel canopy shall be a minimum of 20 feet from a right-of-way line.
[3]
No more than four motor fuel dispensers shall be permitted.
[5]
When combined with motor fuel dispensers.
(6)
(7)
Taverns, nightclubs, and clubs and lodge halls for fraternal organizations and meeting places, public or private.
[Added 6-9-2008 by Ord. No. O-08-12]
(8)
Fast-food restaurants with associated drive-through facilities.
[Added 6-9-2008 by Ord. No. O-08-12]
(a)
No closer than 1,000 feet to any other similar establishment, residential use district, school, or house of worship.
(9)
Marijuana dispensaries and or medical cannabis dispensaries operating under a Class 5 New Jersey State marketplace, conditional, or microbusiness license are conditionally permitted, so long as all of the following criteria are met:
[Added 8-9-2021 by Ord. No. O-21-09; amended 11-14-2022 by Ord. No. O-22-22]
(a)
No closer than 2,000 feet to a lot containing any other retail dispensary facility, as measured by the radius from the facility's main entrance.
(b)
No closer than 1,000 feet to any public or private school serving grades K-12, day-care facility, or public park, as measured by the radius from the facility's main entrance.
(d)
No closer than 500 feet to any single, double, or multifamily residential use, as measured by the radius from the facility's main door entrance to the main door entrance of the physical structure containing the residential use.
(e)
The facility may be open to customers from 8:00 a.m. through 10:00 p.m.
(g)
Consumption area endorsements are prohibited.
(h)
The proximity buffers outlined within § 500-416D(9)(a) though D(9)(d) shall be satisfied when a roadway with at least four lanes of travel (excluding turning lanes) is present within the radius measurement; the proximity buffer shall, under these circumstances, extend only to the boundary of the subject roadway.
E.
Floor area ratio limitation. No use shall exceed a floor area ratio of 0.25.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the HC District:
Use | ||||
|---|---|---|---|---|
Retail and Office Use | Service Station, Auto Repair Facility and Car Wash | Fast-Food Restaurant | Other Use | |
Minimum lot size | 20,000 square feet | 1 acre | 20,000 square feet | 1 acre |
Minimum lot frontage | 80 feet | 150 feet | 80 feet | 100 feet |
Minimum lot depth | 200 feet | 200 feet | 200 feet | 300 feet |
Maximum building coverage | 25% | 20% | 20% | 15% |
Maximum lot coverage | 75% | 65% | 75% | 50% |
Principal building: minimum yard depths and height limitations | ||||
Front yard | 75 feet | 20 feet | 20 feet | 20 feet |
Side yard | 10 feet | 10 feet | 10 feet | 10 feet |
Rear yard | 30 feet | 30 feet | 25 feet | 25 feet |
Maximum height | 40 feet | 1 story | 1 story | 35 feet |
Parking area setback(1) | ||||
From any right-of-way | 25 feet | 10 feet | N.P. | N.P. |
From side property line | 10 feet(2) | 10 feet | 10 feet | 15 feet |
From rear property line | 10 feet | 10 feet | 10 feet | 15 feet |
(1) - Unless a wider setback is required for a landscape buffer. |
(2) - Except where parking lots are shared. |
N.P. = Not a permitted location or use. |
N/A = Not applicable. |
§ 500-417 General Industry (GI) District.
A.
Specific intent. The purpose of the General Industry (GI) District is intended for individual manufacturing, assembly, and contracting uses for a wide variety of small industries, but excluding nuisance and heavy industries.
B.
Permitted uses. In the GI District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Administrative activities and offices.
(2)
Auto body shop, including vehicle customization; automotive upholstery.
(3)
Contractor's equipment and materials storage yard and building.
(4)
Light manufacturing of beverages, cosmetics, pharmaceuticals, printing and publishing, confections, food products (exclusive of meat and fish packaging, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils), ceramics, clothing, plastics, electrical goods, furniture, millwork and wood products, hardware, tools, dies, patterns, scientific and optical instruments, duct work, handicraft products, electronics and small arts assembly and/or manufacture.
(5)
Machine shop, welding shop, tool and die shop.
(6)
Packaging and box manufacturing from previously prepared materials.
(7)
Personal and household storage (e.g., self-storage); household and office moving and storage.
(8)
Public utility service yard and substation.
(9)
Sawmill.
(10)
Scientific or industrial research, engineering, laboratory, testing or experimental laboratory or similar establishment for research or product development.
(11)
Terminal facilities for public transportation.
(12)
Wholesale establishments.
[Amended 11-21-2022 by Ord. No. O-22-23]
(13)
Wholesale and retail sale of building and landscaping materials; horticultural nursery, including lumberyards.
[Amended 6-9-2008 by Ord. No. O-08-12]
(14)
Municipal and government buildings, emergency services and facilities.
(15)
In those areas marked on the Zoning Map with cross-hatching and labeled as "special restrictions," uses listed in § 500-417B(2), (3), (9), (11) and (13) shall not be permitted uses within such areas.
(16)
Newspaper publishing and job printing.
[Added 6-9-2008 by Ord. No. O-08-12]
(17)
General service and repair shops, including carpenter, cabinet making, furniture repair, plumbing or similar shops.
[Added 6-9-2008 by Ord. No. O-08-12]
(18)
Office use of builders, carpenters, contractors, exterminators, electricians, furriers, masons, painters, plumbers, roofers, upholsterers, and similar establishments.
[Added 6-9-2008 by Ord. No. O-08-12]
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in Article V:
(1)
Off-street parking.
(2)
Fences and walls.
(4)
Cafeteria facilities for employees.
(5)
Recreational facilities for employees and occupants.
(6)
Live-in manager's apartment or watchman's quarters limited to one per premises.
(7)
Outdoor storage, including but not limited to building and landscaping materials, road construction materials, fill materials and soil, within a completely enclosed area, with visual screening as required by Article V.
(8)
Accessory uses customarily incidental to a principal use.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
(1)
Trucking terminal subject to the following criteria:
(a)
The minimum lot size shall be three acres.
(b)
A minimum buffer width of 30 feet around the perimeter of the site (excepting access driveways), unless a larger buffer is required, shall be maintained.
(c)
No trucking terminal shall be located in excess of 3,000 feet (measured by a straight line) from an on-ramp to the North-South Freeway (N.J.S.H. Rt. 42) or the Atlantic City Expressway.
(2)
Maintenance and repair of vehicles, whether as a principal or accessory use, in excess of 10,000 pounds gross vehicle weight, subject to the following criteria:
(a)
The minimum lot size shall be 60,000 square feet.
(b)
All equipment, pits, storage areas and trash facilities shall be within a building or walled enclosure.
(c)
All lubrication, repair or similar activities shall be performed in a fully enclosed building.
(d)
No dismantled parts shall be displayed outside of an enclosed building or screened outdoor storage.
(e)
No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage, except as noted herein. No more than eight vehicles awaiting repair or disposition at the repair garage shall be permitted on the premises for a period not exceeding seven days, except that up to three inoperable vehicles in an enclosed building may be permitted.
(f)
No exterior display of vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale or rent shall be permitted.
(g)
All repair bay doors shall oriented away from any adjacent residential district and screened from public view.
(3)
Indoor commercial recreational and leisure facilities, including but not limited to roller and ice skating, gymnasium, batting cages, indoor golf, model car racing, tennis, and racquetball, subject to the following criteria:
(4)
Adult cabaret, adult media store, adult motion-picture theater, adult shop and massage parlor, but not to include video-viewing booths or arcade booths, subject to the following conditions:
(a)
No material for sale or rent shall be displayed publicly.
(b)
No more than one sexually oriented business shall be permitted in any one building or structure.
(c)
The gross public floor area of the establishment shall not exceed 5,000 square feet.
(d)
Separation distance restrictions.
[Amended 9-8-2003 by Ord. No. O-03-17[2]]
[1]
A person violates this chapter if he operates or permits the operation of an adult use establishment within 1,000 feet of:
[2]
For the purposes of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult use establishment is conducted, to the nearest property line of the premises listed in § 500-417D(4)(d)[1][a] through [f]. The 1,000-foot distance is also identified on the current Drug-Free Zone Map.[3]
[2]
Editor's Note: This ordinance also repealed former Section 417.D.4.e, regarding separation distances, which immediately followed this subsection.
(5)
(6)
In those areas marked on the Zoning Map with cross-hatching and labeled as "special restrictions," uses listed in § 500-417.D(1) and (2) shall not be permitted conditional uses within such areas.
(7)
Marijuana cultivation facilities. Marijuana cultivation facilities operating under a Class 1 New Jersey State marketplace, conditional, or microbusiness license are conditionally permitted, so long as all of the following criteria are met:
[Added 8-9-2021 by Ord. No. O-21-09]
(a)
No closer than 1,000 feet to any other cultivation facility, as measured by the straight-line distance between main entrances.
(b)
No direct-to-consumer sales shall take place at the facility.
(c)
No closer than 1,000 feet to any residential use zoning district, public or private school serving grades K-12, day-care facility, or public park, as measured by the radius from the facility's main entrance.
(e)
Delivery and pickup operations may not occur at the facility outside the hours of 5:00 a.m. through 10:00 p.m.
(f)
The facility shall utilize an air filtration system on all exhaust fans that vent to the outside, to minimize any odors resulting from the facility's operation.
(g)
Class 1 Cultivators may operate within the same facility as Class 2 Manufacturers, so long as:
(8)
Marijuana manufacturing facilities. Marijuana manufacturers operating under a Class 2 New Jersey State marketplace, conditional, or microbusiness license are conditionally permitted, so long as all of the following criteria are met:
[Added 8-9-2021 by Ord. No. O-21-09]
(a)
No closer than 1,000 feet to any other manufacturing facility, as measured by the straight-line distance between main entrances.
(b)
No direct-to-consumer sales shall take place at the facility.
(c)
No closer than 1,000 feet to any residential use zoning district, public or private school serving grades K-12, day-care facility, or public park, as measured by the radius from the facility's main entrance.
(e)
Delivery and pickup operations may not occur at the facility outside the hours of 5:00 a.m. through 10:00 p.m.
(f)
The facility shall utilize an air filtration system on all exhaust fans that vent to the outside, to minimize any odors resulting from the facility's operation.
(g)
Class 2 Manufacturers may co-locate with Class 1 cultivators, pursuant to the provisions of § 500-417D(7).
(9)
Warehousing and distribution. Marijuana wholesalers and distributors operating under a Class 3 or Class 4 New Jersey State marketplace, conditional, or microbusiness license are conditionally permitted, so long as all of the following criteria are met:
[Added 8-9-2021 by Ord. No. O-21-09]
(a)
No closer than 1,000 feet to any other Class 3 or Class 4 distribution facility, as measured by the straight-line distance between main entrances.
(b)
No direct-to-consumer sales shall take place at the facility.
(c)
No closer than 1,000 feet to any residential use zoning district, public or private school serving grades K-12, day-care facility, or public park, as measured by the radius from the facility's main entrance.
(e)
Delivery and pickup operations may not occur at the facility outside the hours of 5:00 a.m. through 10:00 p.m.
(f)
All marijuana and marijuana products shall be stored and secured indoors, within the licensed premises; no temporary storage containers are permitted to be located outdoors.
(10)
Licensed laboratory testing facilities. Marijuana testing facilities licensed and accredited pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16, as may be amended.[6]
[Added 8-9-2021 by Ord. No. O-21-09]
(b)
All laboratories must utilize an air filtration system on all exhaust fans that vent to the outside, to minimize any odors resulting from marijuana testing operations.
[6]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
E.
Floor area ratio limitation. No use shall exceed a floor area ratio of 0.30.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the GI District:
All Uses | |
|---|---|
Minimum lot size | 30,000 square feet |
Minimum lot width | 100 feet |
Minimum lot depth | 150 feet |
Maximum building coverage | 30% |
Maximum lot coverage | 60% |
Maximum front setbacks | 15 feet |
Minimum side yard | 15 feet |
Minimum rear yard | 15 feet |
Maximum height | 35 feet |
Parking area setback(1) | |
In front of the building line | N.P. |
From side property line | 8 feet |
From rear property line | 10 feet |
(1) - Unless a wider setback is required for a landscape buffer. |
N.P. = Not Permitted. |
G.
Additional requirements. The following additional requirements shall be met for any use in the GI District:
(1)
Loading areas. No loading area shall be permitted in the front yard.
(2)
Service doors. No service door for loading or allowing the entry of vehicles shall be permitted facing a public right-of-way within 50 feet of the right-of-way line. This provision shall not be construed to prohibit loading or service doors facing a side property line.
§ 500-418 Business Park (BP) District.
A.
Specific intent. The Business Park (BP) District is intended for comprehensively planned office and combined office and manufacturing or warehouse uses in single or multi-tenant buildings. On sites meeting certain criteria, development of planned commercial sites combining office and retail uses is also included.
B.
Permitted uses. In the BP District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Office.
(2)
Office parks.
(3)
Research and engineering offices and laboratories.
(4)
Combinations of office and manufacturing [(as permitted in § 500-417B(4)] and/or warehousing of goods and materials associated with the business.
(5)
Planned commercial development incorporating any of the above.
(6)
Governmental use.
(8)
Marijuana testing facilities licensed and accredited pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16, as may be amended.[2]
[Added 8-9-2021 by Ord. No. O-21-09]
(b)
All laboratories must utilize an air filtration system on all exhaust fans that vent to the outside, to minimize any odors resulting from marijuana testing operations.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use:
(1)
Security office.
(2)
Restaurant or employee cafeteria as part of a principal building or as the entire use of an accessory building, provided the cafeteria is limited in service to the employees of the principal use.
(3)
Indoor and outdoor recreational facilities, provided that all such accessory uses shall be planned as an integral part of the principal use.
(4)
Off-street and structured parking.
(5)
Fences and walls.
(7)
Maintenance buildings.
(8)
Satellite dish and television antennas.
(9)
Accessory uses on the same lot and customarily incidental to the principal use.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board in accordance with the general standards of § 500-706 and the following specific criteria:
(1)
Shopping center subject to the following criteria:
(a)
Shopping centers shall be permitted only as a part of a planned commercial development incorporating any other permitted uses as enumerated in § 500-418B.
(c)
The minimum total tract area shall be 30 acres.
(d)
The minimum net tract area devoted to the shopping center shall be 10 acres and the maximum area shall be 25 acres.
(e)
No more than one shopping center per tract shall be permitted.
(f)
All uses in a shopping center shall be contained within one building, except that up to two additional freestanding buildings not exceeding 10,000 square feet in gross floor area shall be permitted on pad sites.
(g)
The floor area ratio for the net tract area devoted to the shopping center shall not exceed 0.25.
(2)
Hotel subject to the following conditions:
(4)
Warehouse, distribution, and fulfillment centers as a conditional use in accordance with § 500-427 of this chapter.
[Amended 5-8-2006 by Ord. No. O-06-13; 11-21-2022 by Ord. No. O-22-23]
(5)
Adult cabaret, adult media store, adult motion-picture theater, adult shop or massage parlor, but not to include video-viewing booths or arcade booths, subject to the following conditions:
(a)
No material for sale or rent shall be displayed publicly.
(b)
No more than one sexually oriented business shall be permitted in any one building or structure.
(c)
The gross public floor area of the establishment shall not exceed 5,000 square feet.
(d)
Separation distance restrictions.
[Amended 9-8-2003 by Ord. No. O-03-24[4]]
[1]
A person violates this chapter if he operates or permits the operation of an adult use establishment within 1,000 feet of:
[2]
For the purposes of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult use establishment is conducted, to the nearest property line of the premises listed in § 500-418D(5)(d)[1][a] through [f]. The 1,000-foot distance is also identified on the current Drug-Free Zone Map.[5]
[4]
Editor's Note: This ordinance also repealed former Section 418.D.5.e, regarding separation distances, which immediately followed this subsection.
E.
Floor area ratio limitations. No individual use not part of a planned commercial development shall exceed a floor area ratio of 0.25. The floor area ratio for the entire tract of a planned commercial development shall not exceed 0.35. Individual permitted uses within a planned commercial development shall not exceed a floor area ratio of 0.50.
F.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the BP District:
Use | |||
|---|---|---|---|
Use Other than Planned Commercial Development | Planned Commercial Development | Pad Site(1) | |
Minimum tract area | 5 acres | 10 acres | N.A. |
Minimum lot area | 5 acres | 2 acres | 1 acre |
Minimum lot frontage | 400 feet | 200 feet | 150 feet |
Minimum lot width | 400 feet | 200 feet | 150 feet |
Minimum lot depth | 400 feet | 300 feet | 200 feet |
Minimum tract perimeter setback | N.A. | 50 feet | N.A. |
Minimum front yard | 100 feet | 50 feet | 50 feet |
Minimum side yard | 25 feet | 20 feet | 10 feet |
Minimum rear yard | 50 feet | 35 feet | 10 feet |
Maximum lot coverage | 60% | 70% | 70% |
Maximum building height | 2 stories | 3 stories(2) | 2 stories |
Accessory buildings: minimum yard depths and height limitations | |||
Minimum front yard | N.P. | N.P.(3) | N.A. |
Minimum side yard | 25 feet | 20 feet | N.A. |
Minimum rear yard | 50 feet | 35 feet | N.A. |
Minimum distance to other building | 20 feet | 20 feet | N.A. |
Parking area setback | |||
From tract perimeter | N.A. | 50 feet | 50 feet |
From front property line | 50 feet | 25 feet | 50 feet |
From side property line | 20 feet | 20 feet | 10 feet |
From rear property line | 25 feet | 25 feet | 10 feet |
(1) | Only permitted within planned commercial developments. |
(2) | Excepting that hotels may be four stories. |
(3) | Excepting guardhouses or security checkpoints, in which case the setback shall be a minimum of 20 feet. |
N.A. = Not applicable. | |
N.P. = Not permitted. | |
G.
Additional requirements. The following additional requirements shall apply to any use in the BP District:
(1)
Any principal building may contain more than one individual use, provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximums specified and, further, that each use occupies a minimum gross floor area of 500 square feet.
(2)
All buildings or uses shall be served by public water and sewer.
(3)
All buildings on a single commercial site shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes. See Article V, Performance and Design Standards, for specific requirements.
(4)
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside, and all solid waste not stored within a building shall be stored within an enclosed container.
§ 500-418.1 Senior Citizen Residential - Highway Commercial Overlay (SCR-HC) District.
A.
Specific intent.
(1)
The Gloucester Township Master Plan finds the overlay zone herein described as appropriate and shall apply to combined commercial and age-restricted residential land development for lands within the BP Business Park District in close proximity to the Atlantic City Expressway or other limited access highway entrances that have a rational nexus to other municipalities in order to provide land uses serving intermunicipal, intramunicipal, and regional land use needs. Additionally, the designated Senior Citizen Residential - Highway Commercial Overlay (SCR-HC) District shall provide a mixture of permitted uses as specifically listed herein to accommodate planned commercial development as a single entity as defined by the Municipal Land Use Law (MLUL) and shall include an age-restricted residential component to provide for the physical and social needs of persons 55 years of age or older that is planned and designed to assist and enhance such persons in their housing needs and opportunities in order to promote the purposes of the MLUL.
(2)
The purpose of the Senior Citizen Residential - Highway Commercial Overlay (SCR-HC) District is to allow for areas where businesses may be located for the convenience of the residents within the age-restricted development, as well as the general public. Moreover, it is envisioned land development within the designated areas be designed to enhance and improve local centers and neighborhoods by ensuring an adequate traffic circulation plan evolves so that each nonresidential and residential building does not have its own access point(s) to the adjoining road(s), and building elevations, signage, landscape architecture, lighting, stormwater management, parking, and other performance standards for planned development are adequate for each specific type of land use, compatible with the mixture of land uses, and interrelated to advance and promote common usage within the integrated neighborhood of nonresidential and residential uses.
B.
Permitted uses. In the SCR-HC District, no lot or combination of lots shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Those uses permitted in § 500-409B(1) through (8), Senior Citizen Residential (SCR) District, as follows:
(a)
Single-family detached dwelling [§ 500-409B(1)].
(b)
Semidetached dwelling [§ 500-409B(2)].
(c)
Townhouse [§ 500-409B(3)].
(d)
Quadraplex [§ 500-409B(4)].
(e)
Continuing care retirement community [§ 500-409B(5)].
(f)
Assisted living residence [§ 500-409B(6)].
(g)
Congregate care apartment [§ 500-409B(7)].
(h)
Long-term care facility [§ 500-409B(8)].
(2)
Those uses permitted in § 500-416B(1), (2), (3), (4), (5), (6), (7), (14) and (23), Highway Commercial (HC) District, as follows:
(a)
Retail sales and services [§ 500-416B(1)].
(b)
Personal sales and services [§ 500-416B(2)].
(c)
Eating establishments, including restaurants, lunch counters, delicatessens, tearooms, cafes, coffee shops and taverns [§ 500-416B(3)].
(d)
Nightclubs [§ 500-416B(4)].
(e)
Offices for the conduct of medical and other professions, real estate, insurance agency, financial services, including drive-through facilities, messenger or telegraph services, call centers and general and administrative offices [§ 500-416B(5)].
(f)
Indoor recreational and leisure facilities [§ 500-416B(7)].
(g)
Motel, hotel and ancillary uses, including restaurant, meeting rooms, conference rooms and recreational facilities [§ 500-416B(14)].
(h)
Municipal use [§ 500-416B(23)].
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use and conforming to the applicable subsection in Article V:
(1)
Accessory uses permitted in § 500-409C(1) through (13), Senior Citizen Residential District.
(2)
Accessory uses permitted in § 500-416C(1) through (4), Highway Commercial District.
(3)
One freestanding sign shall be permitted along the Atlantic City Expressway in the SCR-HC Overlay District in accordance with the requirements of Section 513.AA, Signs Permitted in the NC and HC District in addition to signs permitted within Section 513.W, Signs Permitted in the RA, APT, SCR and SCR Districts for the Senior Citizen Residential overlay and Section 513.AA, Signs Permitted in the NC and HC District for the Highway Commercial overlay areas.[2]
D.
Performance requirements.
(1)
Tract size: minimum 45 acres.
(2)
Nonresidential uses: Minimum 10 acres of the gross tract area must be designated for nonresidential development in accordance with§ 500-418.1A, specifically, as a "planned commercial development" as a single entity as defined by the Municipal Land Use Law (MLUL).
(3)
Developer's agreement. This shall be required to guarantee project development in accordance with the following schedule or as may be modified by the approving authority:
(a)
No more than 50% of the residential units shall receive certificate occupancies prior to 25% of nonresidential uses receiving certificates of occupancy, thereafter;
(b)
No more than another 25% of residential units shall receive certificate occupancies prior to another 25% of nonresidential uses receiving certificates of occupancy, thereafter;
(c)
The remaining 25% of residential units shall not receive certificate occupancies until the remaining 50% of nonresidential uses received certificates of occupancies.
(4)
Planned development. Land development applications shall include sufficient support documents addressing the performance and design standards of § 500-512D, Planned developments.
(a)
Residential. The residential component shall also address the requirements of § 500-512, Residential building design standards, for the proposed type of construction, such as apartments, single-family detached residential appearance, and townhouses. Permitted residential uses that may be proposed but not specifically addressed in the aforementioned section must nonetheless be consistent with the requirements of § 500-512D, Planned developments.
(b)
Nonresidential. The nonresidential components are not required to have identical architectural designs and may be improved to best suit the purpose of the proposed land use; however, the nonresidential uses shall be related to the overall plan in accordance with § 500-418.1A, specifically, as a "planned commercial development" as a single entity as defined by the Municipal Land Use Law (MLUL).
E.
General requirements.
(1)
The residential component shall comply with the following requirements of § 500-409, Senior Citizen Residential (SCR) District, regarding density, general district requirements, area, yard, height and building coverage, and additional requirements:
F.
Additional requirements.
(1)
Nonresidential building(s) may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the building.
(2)
Nonresidential buildings shall not display or store merchandise, products, equipment, or similar material or objects outside.
(3)
Nonresidential building walls facing any street or residential use or district line shall be suitably finished for aesthetic purposes.
(a)
Unpainted or painted cinder block or concrete block is specifically prohibited.
(4)
Nonresidential sites may exceed the allowed lot coverage by an additional 10% subject to the following conditions:
(a)
The aggregate open space of the residential component shall exceed the minimum area necessary to satisfy the residential open space requirement.
(b)
There shall be a rational nexus between the excess nonresidential lot coverage and the excess residential open space.
(c)
The additional lot coverage to open space shall be a one-to-one ratio.
(5)
All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seedlings or similar plantings or landscape material and maintained in good condition.
(6)
Stormwater management facilities may be shared between nonresidential and residential land uses subject to the following conditions:
§ 500-419 Institutional (IN) District.
A.
Specific intent. The Institutional (IN) District is intended for governmental, educational, charitable, health care and religious uses presently existing within the municipality. Buildings within the IN District are often in a complex or campus form integrating residential, office, recreational, health care, houses of worship, and other ancillary uses with its primary function.
B.
Permitted uses. In the IN District, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Fraternal and social lodges or clubs and all associated functions, including but not limited to athletic, political, social and cultural functions.
(2)
Hospital and sanatorium.
(3)
Home for the aged, long-term care facility, assisted living facility, or residential health care facility.
(4)
House of worship, facility for religious orders or similar religious institution.
(5)
College, private or public elementary, secondary or nursery school or other educational institution for academic institution, but not to include a business or trade school, dance studio or similar commercial use.
(6)
Public or private community center.
(7)
Cemetery.
(8)
Municipal use.
(9)
Theater for performing arts.
(10)
Museum.
(11)
Library.
(12)
Parks and playgrounds, conservation land and other open space.
C.
Accessory uses and structures permitted. Any of the following uses and structures may be permitted when used in conjunction with a principal use:
(1)
Rectory or parish house accessory to a religious use.
(2)
Monastery, convent or similar religious order.
(3)
Medical or health center accessory to a hospital or sanatorium.
(4)
Athletic and leisure facilities.
(5)
Maintenance shed not exceeding 150 square feet in floor area.
(6)
Maintenance garage not exceeding 600 square feet in floor area on lots of five acres or larger.
(7)
Accessory uses on the same lot and customarily incidental to the principal use.
D.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all buildings in the IN District:
Use | |||
|---|---|---|---|
Lodge, Club, Municipal Use and Open Space | House of Worship, Theater, Library, Museum, Community Center | Other Use | |
Minimum lot area | 1 acre | 2 acres | 5 acres |
Minimum lot frontage | 150 feet | 200 feet | 400 feet |
Minimum lot width | 150 feet | 200 feet | 400 feet |
Minimum lot depth | 200 feet | 300 feet | 400 feet |
Minimum tract perimeter setback | N.A. | N.A. | 75 feet(1) |
Minimum front yard | 50 feet | 50 feet | 75 feet(1) |
Minimum side yard | 25 feet | 25 feet | 10 feet |
Minimum rear yard | 35 feet | 35 feet | 10 feet |
Maximum building coverage | 25% | 25% | 20% |
Maximum lot coverage | 70% | 65% | 55% |
Maximum building height | 35 feet | 40 feet | 4 stories or 60 feet, whichever is less |
Accessory building: minimum yard depths and height limitations | |||
Minimum front yard | N.P. | N.P. | N.P.(2) |
Minimum side yard | 20 feet | 20 feet | 75 feet |
Minimum rear yard | 20 feet | 25 feet | 75 feet |
Maximum height | 12 feet | 15 feet | 20 feet |
Minimum distance to other building | 15 feet | 20 feet | 20 feet |
Parking area setback | |||
From front property line | 25 feet | 25 feet | 50 feet |
From side property line | 20 feet | 20 feet | 50 feet |
From rear property line | 25 feet | 25 feet | 50 feet |
(1) | Tract perimeter and front yard setback shall be increased to 100 feet for any building in excess of two stories. |
(2) | Excepting guardhouses or security checkpoints, in which case the setback shall be a minimum of 20 feet. |
N.A. = Not applicable. | |
N.P. = Not permitted. | |
§ 500-420 Parks and Recreation (PR) District.
A.
Specific purpose. The Parks and Recreation (PR) District is established to delineate land dedicated or otherwise restricted to active recreation, passive recreation, and conservation owned by a public entity, land trust, conservation foundation or other organization for open space purposes.
C.
Accessory uses and structures permitted. The following accessory uses and structures shall be permitted in conjunction with a principal use:
(1)
Public recreation facility, including both indoor and outdoor facilities.
(2)
Environmental center.
(3)
Historical interpretation center.
(4)
Maintenance facility.
(5)
Restroom facility.
(6)
Refreshment stand.
(7)
Security building; guardhouse.
(8)
Accessory uses on the same lot and customarily incidental to the principal use.
D.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all lots:
All Uses | |
|---|---|
Minimum lot size | 5,000 square feet |
Minimum front yard | 50 feet, except guardhouse: 15 feet |
Minimum side yard | 35 feet |
Minimum rear yard | 50 feet |
Maximum impervious surface ratio | 0.15 |
Maximum building height | 50 feet |
Parking area setback | 25 feet |
§ 500-421 Floodplain (FP) District. [1]
A.
Specific purpose. The following purposes and policies regarding protection from flooding are set forth below:
(1)
It is hereby found that the streams, creeks and waterways of the Township are subject to recurring flooding, that such flooding damages and endangers and public and private property and facilities, that this condition is aggravated by developments and encroachments in the floodplain, and that the most appropriate method of alleviating such condition is through regulation of such developments and encroachments. It is therefore determined that the special and paramount public interest in the floodplain justifies the regulation of property located therein as provided in this chapter, which is in the exercise of the police power of the municipality, for the protection of residents and visitors thereto, the property of its inhabitants and landowners, and for the preservation of the public health, safety and general welfare.
(2)
The intent of this chapter shall be to protect the areas of the floodplain subject to and necessary for the containment of floodwaters, and to permit and encourage the retention of open space land in said areas of the floodplain, which will be so located and utilized as to constitute a harmonious and appropriate aspect of the continuing physical development of the Township.
B.
Specific objectives. The following specific objectives are intended for regulation within the Floodplain (FP) District:
(1)
To combine with present zoning requirements certain restrictions made necessary for flood-prone areas to promote the general health, welfare and safety of the Township.
(2)
To prevent the erection of structures in areas unfit for human usage by reason of danger from flooding.
(3)
To minimize danger to public health by protecting the quality of surface and subsurface water supplies adjacent to and underlying flood hazard areas and promoting safe and sanitary drainage.
(4)
To permit only those uses which can be appropriately located in the floodplain as herein defined and which will not impede the flow or storage of floodwaters, or otherwise cause danger to life, property at, above or below their locations along the floodplains.
(5)
To provide sufficient drainage courses to carry abnormal flows of stormwater in periods of heavy precipitation.
(6)
To protect adjacent landowners and those both upstream and downstream from damages resulting from development within a floodplain and the consequent obstruction or increase in flow of floodwaters.
(7)
To protect the entire Township from individual uses of land which may have an effect upon subsequent expenditures for public works and disaster relief and adversely affect the economic well-being of the Township.
(8)
To maintain undisturbed the ecological balance between those natural systems and elements, including wildlife, vegetation and marine life, dependent upon watercourse and water areas.
(9)
To protect other municipalities within the same watershed from the impact of improper development and the consequent increased potential for flooding within their boundaries.
(10)
To require that uses vulnerable to floods, including public facilities, be constructed so as to be protected from flood damage in accordance with the purpose and requirements of the National Flood Insurance Program, P.L. 93-234, as it may be amended or superseded.[2]
[2]
Editor's Note: See 42 U.S.C. § 4001 et seq.
D.
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Gloucester, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
E.
Floodplain delineation. The FP District shall function as an overlay zoning district setting forth regulations that shall be applicable regardless of the underlying zoning district and shall be delineated as indicated henceforth.
(1)
This section consists of this text and the Floodplain Map, prepared by the Township as to the delineation of floodplains. Said map is on file in the office of the Township Clerk and is incorporated in this chapter by reference as though fully set forth in this text.
(2)
All other streams and waterways in the Township not included above are deemed to the floodplains. Twenty-five feet on both sides of streams as measured from the center line of streams are presumed to be floodplains in absence of proof to the contrary.
(3)
This section shall also consist of any and all reports, maps, revisions and amendments of these texts as may be prepared from time to time, provided that such additional documents are in agreement with the Township Engineer, Corps of Engineers, Soil Conservation Service or any agency of the United States Government authorized to define floodplain criteria.
(4)
In cases of doubt, uncertainty or dispute as to the exact limits of the floodplain, the floodwater or flood hazard area in a proposed development, the Township Engineer shall, upon the application and with the consent of the landowner, determine the precise location of a floodplain, floodway or flood hazard area limit by close inspection, field survey or other appropriate method, and cause the same to be marked on the ground notifying the landowner, the Building Inspector, and the approving authority of the results thereof. The cost of such engineering shall be borne by the applicant.
(5)
Should the Floodplain District be declared inapplicable to any tract, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this section. In appropriate cases, the center line of the stream shall be in the district boundary line.
(6)
Should the zoning of any parcel or any part hereof in which the Floodplain District is located be changed through any legislative or administrative actions or judicial decision, such change shall have no effect on the Floodplain District, unless such change was included as part of the original application.
F.
Prohibited uses. While any use not permitted is hereby prohibited, the following specific uses or structures shall not be permitted in the Floodplain District:
(1)
All freestanding structures and buildings and retaining walls, with the exception of flood retention dams, culverts and bridges as approved by the New Jersey Department of Environmental Protection.
(2)
The filling or removal of topsoil from all floodplain lands.
(3)
The relocation of any watercourse without approval thereof by the Planning Board and the Soil Conservation Service, United States Department of Agriculture, or the relocation of any watercourse without the approval of the New Jersey Department of Environmental Protection.
(4)
Sanitary landfills, dumps, junkyards, outdoor storage of vehicles and material.
(5)
On-site sewage disposal systems.
(6)
Private water supply wells.
G.
Permitted uses. In the FP Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
(1)
Cultivation and harvesting crops according to recognized soil conservation practices.
(2)
Pasture and grazing of animals according to recognized soil conservation practices.
(3)
Outdoor plant nursery or orchard according to recognized soil conservation practices.
(4)
Wildlife sanctuary, woodland preserve, arboretum and passive recreation or parks, including hiking, bicycle and brindle trails, but not including facilities subject to damage by flooding.
(5)
Game farms, fish hatchery or hunting and fishing reserve for the protection and propagation of wildlife, but permitting no structures.
(6)
Forestry, lumbering and reforestation according to recognized natural resources and conservation practices.
(7)
Front, side and rear yards and required lot area in any district, provided such yards are not to be used for onsite sewage disposal.
(8)
Normal accessory use, except enclosed structures, fences and aboveground swimming pools, permitted under the applicable zoning district.
(9)
Recreation use, whether open to the public or restricted to private use, such as parks, camps, picnic areas, fishing areas, sport or boating clubs, not to include enclosed structures, except floodproof toilet facilities, but permitting pier, docks, floats or unenclosed shelters usually found in developed outdoor recreational areas. Any floodproof toilet facilities provided shall be connected to public water and sewage systems.
(10)
Sewage treatment plan, outlet installations for sewage treatment plants and sewage pumping stations with the approval of the Township Engineer, appropriate sewer authorities and the New Jersey Department of Environmental Protection, when accompanied by documentation as to the necessity for locating within the boundaries of the Floodplain District.
(11)
Sealed public water supply wells, with the approval of the Township Engineer and the New Jersey Department of Environmental Protection.
(12)
Sanitary or storm sewers and impoundment basins, with the approval of the Township Engineer and the New Jersey Department of Environmental Protection.
(13)
Utility transmission lines.
(14)
Roads, driveways and parking facilities.
(a)
In the case of roads and driveways, no such facilities shall be permitted if viable alternative alignments are feasible. In any case, pervious rather than impervious materials shall be utilized in the construction of any road or driveway situated with a floodplain.
(b)
In the case of parking facilities, no such facility shall be permitted unless satisfactory evidence is submitted that such parking will not be utilized during periods of flood flow, thus posing no threat to the safety of the vehicles, their uses and/or downstream properties. In any case, pervious rather than impervious materials shall be utilized in the construction of any parking facility situated within a floodplain.
H.
Area, yard, height and building coverage. The area, yard, height and building coverage limitations shall be as required in the underlying zoning district.
I.
Administration.
(1)
Requirement to obtain zoning permit.
(a)
A zoning permit shall be obtained before construction development begins within any area of floodplain hazard established in § 500-421E for any development not requiring site plan or subdivision approval. Application for a zoning permit shall be made on forms furnished by the Zoning Officer and may include, but not to be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structure, fill, storage of materials, drainage facilities; and the location of the foregoing.
(b)
The following information shall be submitted along with the zoning permit application:
[1]
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
[2]
Elevation in relation to mean sea level to which any structure has been floodproofed;
[3]
Certification by a registered professional engineer or architect that the floodproofing methods for any structure meet the floodproofing criteria of the Uniform Construction Code; and
[4]
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2)
Designation of the Township Engineer as local administrator. the Township Engineer shall coordinate the local review process with state agencies having jurisdiction over encroachment in a flood hazard area and shall so determine local compliance with the provisions of this section.
§ 500-422 Additional uses and structures permitted in residential districts.
A.
Additional permitted uses. Notwithstanding the permitted uses within individual zoning districts, the following additional uses shall be permitted in any residential district, or as limited herein, subject to their associated requirements and regulations hereinbelow.
B.
Community shelters. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be allowed in any residential district, provided that:
(1)
No more than 15 persons, excluding resident staff, shall occupy the premises.
(2)
Community shelters for victims of domestic violence shall be housed in the functional equivalent of a single-family detached dwelling.
(3)
The facility is duly licensed pursuant to N.J.S.A. 30:11B-1 et seq. for community residences for the developmentally disabled, N.J.S.A. 30:14-1 et seq. for community shelters for victims of domestic violence, and N.J.S.A. 30:11B-1 et seq. for community residences for persons with head injuries.
C.
Emergency housing. Trailers for emergency housing for households displaced by fire, storm, flooding, or other natural disaster may be located on individual lots in zoning districts where single-family detached and two-family residential uses are permitted. The installation of such trailers shall conform to the following requirements:
(1)
The trailer shall be placed on the lot where the residence made uninhabitable by such disaster is located.
(2)
No more than one unit of emergency housing for a single-family unit nor two units for a two-family unit shall be permitted per lot.
(3)
The period of time in which the trailer shall be permitted on site shall not exceed six months or the period of reconstruction, whichever is less; however, upon a determination that substantial progress towards reconstruction has been made, the Construction Code Official may extend the time period of occupancy up to an additional six months.
(4)
All such trailers shall be removed from the reconstruction site upon the issuance of a temporary or permanent certificate of occupancy permitting the occupancy of the permanent residence.
(5)
No such trailer shall be placed in the front yard setback required for the respective zoning district.
(6)
Such temporary housing shall not exceed 900 square feet in floor area.
D.
Family day care. Family day care shall be allowed as a minor home occupation, as regulated in § 500-422G, in any residential district, provided that no operator shall provide child care for more than five children at any one time, not including children legally related to the care provider nor children being cared for under a cooperative agreement with their parents for which no payment is received. Age-restricted developments may be prohibited against such use through deed restriction. All other applicable regulations of this chapter shall apply.
E.
Farm uses.
(1)
Agricultural. Farmhouses and agricultural buildings shall be permitted in conjunction with an agricultural use, regardless of the zoning district. In addition to the allowed uses as defined under "agricultural or horticultural purpose or use" in § 500-202, public and private stables and riding academies shall also be permitted accessory uses to such use. The following regulations shall apply to agricultural activities:
(a)
The keeping or raising of livestock and poultry on parcels of land less than 10 acres in area shall be limited to the keeping and raising of two head of livestock or 100 fowl per 40,000 square feet. No fowl or livestock may be kept on parcels of land less than one acre in area.
(b)
Farm buildings shall not be constructed closer than 85 feet to a front property line nor closer than 100 feet to a side or rear property line.
(c)
No farmhouse shall be constructed closer than 75 feet to such lines.
(d)
No barn or manure storage shall be established closer than 100 feet to any property line.
(e)
All other new construction, including structures for temporary storage of feeds, shall conform to setback requirements.
(f)
Farm stands and consumer crop picking operations shall conform to § 500-422E(2).
(2)
Farm stands and consumer crop picking operations. The following requirements shall apply to any farm stand and consumer crop picking (U-pick) operation:
(a)
The farm stand shall be limited to 250 square feet or less in area and 15 feet in height.
(b)
The farm stand shall be located no closer than 40 feet to the street line and 100 feet from any other lot line.
(c)
Safe ingress and egress to the farm stand shall be maintained and adequate sight distance established.
(d)
Parking shall be limited to a maximum of five customer spaces for farm stands and 10 spaces for U-pick operations. Parking areas may be stoned but not otherwise paved with impermeable surface.
(e)
The administrative officer may require a landscape buffer or fence for adequate visual separation from adjacent dwellings.
(f)
No more than one farm stand and U-pick operation per farm shall be permitted.
F.
Horse keeping regulations. The keeping of horses shall be permitted in only the ER and R-1 Zoning Districts subject to the following standards.
(1)
Not more than one horse or pony may be kept on a lot of at least one acre, provided that a pen or corral containing at least 800 square feet is included, and that a stable under a roof of at least 100 square feet is provided, and further provided that the pen, corral, fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling.
(2)
Not more than two horses or ponies may be kept on a lot of at least 1 1/2 acres, provided they are enclosed in a pen or corral containing at least 800 square feet per animal, including a stable under a roof of at least 100 square feet per animal, and further provided that the pen, corral, fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling.
(3)
Nor more than three horses or ponies may be kept on a lot of two acres, provided that they are enclosed in a pen or corral containing 800 square feet for the first horse or pony and 400 square feet for each additional horse or pony, including a stable under a roof containing at least 100 square feet per animal, and further provided that the pen, corral, fences or similar enclosure are not closer than 20 feet to the adjacent property line or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling. The maximum number of horses under single ownership shall not exceed three horses, regardless of the number of acres exceeding two acres.
(4)
The "stable" shall be defined as a structure on a tract qualifying as a farm for housing horses or ponies and products used for the keeping and handling of horses and ponies. No structure housing horses or ponies shall be located nearer than 20 feet to any adjacent property lines without proper screening, or 50 feet to any neighboring dwelling. Stables must be built so as not to create offensive odors, fly-breeding or other nuisances.
(5)
A planted buffer screen may be required along the dividing line between an applicant's property and that of his neighbor.
(6)
The animals shall be for the private use of the occupants of the residence. No commercial use, such as the letting of horses for hire, shall be engaged in on the property.
(7)
Manure from stabled horses or other livestock must be removed from a stable or a similar housing structure three times each week. Manure must be stored a minimum of 25 feet from a stable and 50 feet from the nearest neighboring dwelling. Any stockpile of manure shall not exceed 100 square feet. All stockpiles of manure shall be limed at least one every week.
(8)
Fences must be constructed of such materials and in such a manner as to prevent and preclude the escape of horses. Any application for a zoning permit for a fence to pen horses must include, in addition to any other information required, the height, the span between fence posts, a sketch of the proposed fence, the type of material to be used and whether the same has been treated. The Zoning Officer shall issue a building permit for any such fence only when, in his discretion, the proposed fence shall adequately prevent the escape of horses.
G.
Home occupations. Home occupations shall be divided into the classes of minor home occupation and major home occupation. Minor home occupations shall be permitted upon application and grant of a zoning permit certifying compliance with § 500-422G(1) below. Major home occupations shall be permitted upon application and grant of a conditional use permit by the Planning Board certifying compliance with § 500-422G(2), below, which shall be conditional use permit criteria. This subsection shall not alleviate individuals or business establishments from obtaining any license or other permit required by municipal, county or state regulation, regardless of whether the use is a minor or major home occupation.
[Amended 12-28-2016 by Ord. No. O-16-23]
(1)
Minor home occupation. A minor home occupation shall meet the criteria within this subsection. The criteria for a minor home occupation are as follows:
(a)
The use shall be conducted entirely within the primary dwelling or accessory building associated with it and shall be clearly incidental and secondary to the residential use of the premises and not change the residential character thereof and result in no incompatibility of the surrounding residential uses.
(b)
No more than 50% of the first floor or basement area or 250 square feet, whichever is less, of the dwelling unit or accessory building on the same lot may be used for the minor home occupation.
(c)
No display of products shall be visible from the street and no outdoor storage of equipment or materials used for the home occupation, nor shall any article be sold or offered for sale on the premises.
(d)
No more than two clients, patrons, or customers may be on the premises for business or professional purposes at any one time.
(e)
The residential character of the lot and building shall not be changed.
(f)
No sounds emanating from the minor home occupation use shall be audible outside the residence or accessory structure, if applicable.
(g)
No home occupation or equipment shall be used which will cause light, glare, noise, odor, vibration, or interference with radio and television reception in neighboring dwellings nor create nuisances by its operation.
(h)
The minor home occupation shall not employ any person not resident on the premises in the performance of the occupation.
(i)
No sign identifying or advertising the minor home occupation shall be permitted.
(j)
Deliveries shall be limited to package (e.g., United Parcel Service) services or utilization of the owner's passenger vehicle and shall occur no more than once a day.
(k)
No additional off-street parking to accommodate the minor home occupation shall be allowed.
(l)
The minor home occupation shall not be open for customers, clients or patrons before 8:00 a.m. on weekdays and 9:00 a.m. on weekends nor after 6:00 p.m. on any day of the week.
(m)
All residences having an approved home occupation shall comply with this chapter and the Township Code.
(2)
Major home occupation. A major home occupation shall meet the criteria within this subsection. The criteria for a major home occupation are as follows:
(a)
The use shall be conducted entirely within the primary dwelling or accessory building associated with it and shall be clearly incidental and secondary to the residential use of the premises and not change the residential character thereof and result in no incompatibility of the surrounding residential uses.
(b)
No more than 50% of the first floor or basement area or 450 square feet, whichever is less, of the dwelling unit or accessory building on the same lot may be used for the home occupation.
(c)
No display of products shall be visible from the street and no outdoor storage of equipment or materials used for the home occupation, nor shall any article be sold or offered for sale on the premises.
(d)
The residential character of the lot and building shall not be changed.
(e)
No sounds emanating from the home occupation use shall be audible outside the residence or accessory building, if applicable.
(f)
No home occupation or equipment shall be used which will cause light, glare, noise, odor, vibration, or interference with radio and television reception in neighboring dwellings nor create nuisances by its operation.
(g)
No major home occupation shall employ more than one nonresident of the premises.
(h)
One nonilluminated sign attached to a facade of the building, or fence or wall, not to exceed two square feet, may be permitted identifying the major home occupation.
(i)
The major home occupation shall not reduce the parking or yard requirements of the dwelling.
(j)
Where parking is provided, no more than three parking spaces per property, including required residential parking, shall be allowed. All parking associated with the home occupation shall be screened from view of any public street and adjacent properties using a combination of hedging, landscaping or fencing.
(k)
Deliveries shall be limited to package (e.g., United Parcel Service) services or utilization of the owner's passenger vehicle and shall occur no more than once a day.
(l)
The major home occupation shall not be open for customers, clients or patrons before 8:00 a.m. on weekdays and 9:00 a.m. on weekends nor after 6:00 p.m. on any day of the week.
(m)
No more than two clients, patrons, or customers may be on the premises for business or professional purposes at any one time.
(n)
All residences having an approved home occupation shall comply with this chapter and the Township Code.
(3)
Prohibited home occupations. The following uses are specifically prohibited as home occupations:
(a)
Automobile, motorcycle, lawn mower, or other motorized vehicle, boat, trailer, sales, repair, refurbishing, painting, detailing or servicing.
(b)
Barbershops and beauty salons.
(c)
Bed-and-breakfast accommodation.
(d)
Body piercing and tattooing.
(e)
Medical and dental offices.
(f)
Real estate office.
(g)
Spray painting and refinishing operations.
(h)
Taxi and limousine service.
(i)
Back yard and pool rentals and/or involving public assembly.
[Amended 8-22-2022 by Ord. No. O-22-11]
(j)
Dispatch center where persons come to a site and are dispatched to other locations.
(k)
Rental businesses.
(l)
Excavating, landscaping, general contractors, and similar businesses.
(m)
Welding, machine shops, and similar fabrication businesses.
(n)
Veterinary clinics.
(o)
Kennels.
(p)
Towing services.
(q)
Sale, lease, trade, repair or other transfer of firearms or ammunition.
(r)
Sale and use of hazardous materials in excess of consumer quantities that are packaged for consumption by individual households for personal or household use.
(s)
Any other use deemed to be detrimental or inconsistent with the residential character of the neighborhood as determined by the Director of the Department of Community Development and Planning or designee.
H.
Private garages. Private garages for residential districts that permit private garages as an accessory use shall conform to the following requirements:
[Amended 12-28-2016 by Ord. No. O-16-23]
(1)
A private garage in a residential district shall be permitted only when used as an accessory building to a dwelling on the same lot.
(2)
No accessory dwelling shall be part of any garage.
(3)
A private garage may be either a separate building or it may be attached to as an integral part of the dwelling.
(5)
The area of the private garage shall not exceed that of the principal building.
(6)
Only one private garage per residentially used lot shall be permitted.
I.
Parking of trucks and buses in residential zones. No trucks or buses shall be parked in any residential district, except that one truck or bus of a rated capacity not exceeding four tons (8,000 pounds) gross vehicle weight, owned or used by a person resident on the premises, shall be permitted to be regularly parked or garaged on a residential lot which also contains the primary residence of the owner, or on a residential lot which is contiguous to and also owned by the owner of the primary residence. If not garaged, such truck or bus shall be parked on a surface which has been improved for parking. This provision shall not be deemed to limit the number of vehicles used in the operation of a farm, or construction equipment in active use during the time of construction on a lot approved for development.
J.
Recreational vehicles. Recreational vehicle storage shall be permitted in any residential zoning district excepting the Residential Attached Apartment, SCR and Golf Course Residential. All recreational vehicles and trailers and boats which are unoccupied shall be packed or stored in the rear of homes, but no closer than five feet to the rear or side property lines. No such uses shall be hooked up to utility services. Also, no such uses, including boats, shall be parked or stored in common areas or parking lots of multifamily housing projects.
K.
Residential swimming pools and cabanas. The following requirements apply to private residential swimming pools and pool cabanas:
(1)
Applicability. Any constructed pool which is used or intended to be used as a swimming pool in connection with a single-family residence and available only to the family of the householder and his or her private guests shall be classified as private swimming pool. Any swimming pool other than a private residential swimming pool shall be classified as a public or semipublic swimming pool. Portable pools, Jacuzzi, hot tubs, whirlpools, and other similar structures shall be considered residential swimming pools under the regulations herein.
(2)
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building. Pools shall be considered impervious surface, which shall not exceed the impervious surface ratio of the zone (when included with other impervious surfaces). Pools shall be located in rear or side yard areas only. No swimming pool shall be closer than 10 feet to any lot line measured from the edge of the pool's surface. No pool apron or deck shall be located closer than 10 feet to any lot line. Decks that are accessory to a residential structure, including those that are attached to such, and other accessory buildings are not required to maintain these setbacks from the pool surface. Swimming pools containing 50 square feet or less shall have no minimum setback requirement from a dwelling or other building accessory to the residential use; however, the minimum setback from a property line shall be maintained. No swimming pool shall be nearer to any street line upon which the residence fronts than the existing setback line of said residence building, but in no case, regardless of the building setback line, shall a swimming pool be located less than 30 feet from a street line, excepting the rear yards of reverse frontage lots.
(3)
A swimming pool shall not be constructed, installed or located on any land unless a dwelling is also located thereon.
(4)
A private residential swimming pool area shall be surrounded by a suitable fence with a self-latching gate at least four feet, but no more than six feet, in height in accordance with the Uniform Construction Code.
(5)
Aboveground swimming pools shall be considered to meet the requirements for the enclosure of swimming pools if the following conditions are met:
(a)
The sidewall of the pool is no less than four feet high along any point of its perimeter.
(b)
A fence with no horizontal opening in excess of five inches is attached to the sidewall and/or attached deck around the pool such that the combined height of sidewall and fencing is no less than six feet.
(c)
The steps and ladder to the pool is fenced in accordance with the regulations as otherwise described in this subsection.
(6)
Cabanas shall not exceed 168 square feet in area. Any cabana shall be located no closer than 10 feet to any lot line unless a greater setback for an accessory structure is otherwise required.
(7)
All in-ground and aboveground swimming pools shall be so constructed, installed and maintained as to provide the necessary equipment for the chlorination and other disinfection and filtering of water to comply with approved bacteriological standards as may be promulgated by the Board of Health and the New Jersey Department of Health and Senior Services.
(8)
Pool effluent which is the result of draining, cleaning, filter, flushing or other pool maintenance operation shall not be permitted to flow overland across adjacent property lines and must be discharged to a street or storm sewer inlet.
L.
M.
Satellite dish and television receiving antennas. Satellite dish and television antennas for the reception of television and radio signals in residential districts or for businesses not engaged in telecommunications reception and broadcasting shall conform to the following requirements:
(1)
To the greatest extent feasible, consistent with the unimpeded reception of broadcasts, antennas are to be located in a rear yard or the rear slope of a roof.
(2)
An antenna that is in excess of one meter (39.37 inches) but no larger than two meters (78.74 inches) in diameter shall conform to the setback requirements for accessory uses and structures in the zoning district in which it is located.
(3)
An antenna that is in excess of two meters (78.74 inches) shall conform to the rear yard setback requirements for principal uses and structures in the zoning district in which it is located.
(4)
The administrative officer shall have the power to waive the enforcement of this subsection upon certification from a qualified installer that conformance with these requirements will materially limit the reception of broadcasts from communications satellites.
N.
Sales offices. Temporary sales offices for the marketing of residential development shall be permitted only upon the lot or tract to which such sales relate. Temporary sales offices shall conform to the following requirements:
(1)
No such office shall be installed prior to the issuance of stamped final subdivision plats or site plans, as the case may be.
(2)
Sales offices shall provide for no less than five and no more than 10 temporary off-street parking spaces located in a safe and convenient manner.
(3)
No sales office shall be located within 25 feet of a lot line or street line. Such offices shall be temporarily landscaped along the foundation of the structure.
§ 500-423 Additional uses and structures permitted.
A.
Additional permitted uses. Notwithstanding the permitted uses within individual zoning districts, the following additional uses shall be permitted in any district or nonresidential district as the case may be, subject to their associated requirements and regulations hereinbelow. The standards in § 500-423C, D and F shall be considered conditional use criteria that such uses shall be required to meet for the issuance of a conditional use permit.
B.
Child-care centers. Child-care centers shall be permitted in any nonresidential district. In those districts combining residential and nonresidential areas under a unified plan for development, the child-care center shall be permitted only in the nonresidential area. Any child-care center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq. A child-care center functionally integrated within a nonresidential development owned or operated for the benefit of their employees, their tenant's employees, or employees within an office or business park or research and development complex shall not be required to provide additional off-street parking for the use. In the calculation of any floor area ratio applicable to an office or business park or research and development complex, the area occupied by a child-care center shall not be included.
C.
Telecommunication towers or antennas. Telecommunication towers or antennas for commercial purposes may be located in any nonresidential district in accordance with the following requirements:
(1)
The minimum lot size shall be two acres.
(2)
The maximum height of a telecommunication tower, excluding antenna(s), shall not exceed 150 feet.
(3)
Required setbacks.
(a)
The telecommunication tower/antenna(s) shall maintain a minimum distance equal to 1.5 times the total height of the structure from all property boundaries of the site containing the telecommunication tower/antenna(s).
(b)
The telecommunication tower/antenna(s) shall maintain a minimum distance equal to double the total height of the structure from any contiguous property boundary containing either a residential use or a residential zone district.
(4)
Co-location required. In an effort to prevent the proliferation of communication antennas or telecommunication towers within the Township, every effort will have been made to maximize the use of existing antennas or telecommunication towers that contain similar or compatible uses and/or users. Accordingly, any approval shall be so conditioned as to allow additional communications operators to lease space on the subject tower, subject to structural design constraints. Once a telecommunications tower or electricity transmission line tower is erected, the co-location of additional antennas and equipment on such tower shall be a permitted use within any zone, subject to site plan approval pursuant to Article VIII.
(5)
No sign of any kind shall be placed upon the antenna or telecommunication tower, with the exception of incidental signs indicating "warning," "no trespassing" or similar admonition. Such incidental sign shall be placed on the fence or wall enclosing the tower, which may be placed at the base of the structure. No part of the structure, and fixtures or instruments attached thereto, shall have any written copy, design, corporate logo, or the like, that could be construed as an advertisement, be painted, attached, or affixed onto such.
(6)
The telecommunication tower or antenna shall be enclosed by a fence or wall, eight feet in height, so as to deter any trespassing onto such.
(7)
Notwithstanding any other provision to the contrary, no telecommunications tower shall be located in an historic district or on an historic site not in a district.
D.
Groundwater remediation. Temporary structures and equipment required for the remediation of groundwater contamination pursuant to N.J.S.A. 58:10A-1 et seq. shall be permitted in any district, provided that:
(1)
Existing on-site buildings shall be used to the extent feasible to house equipment and offices.
(2)
Structures and equipment shall be set back from any property line a minimum of 25 feet.
(3)
Equipment shall be enclosed by opaque fencing.
(4)
All temporary structures and equipment shall be removed within 90 days following the expiration of the discharge permit or completion of the remedial action, whichever shall be sooner.
(5)
Disturbed areas shall be graded and seeded with an appropriate ground cover in accordance with the soil erosion control regulations of the municipality.
(6)
Groundwater remediation action shall be exempt from site plan review as otherwise required in this chapter.
E.
Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
F.
Public and local utilities and cable television facilities. Distribution facilities for public and local utilities and cable television companies shall be permitted in any district, but shall not include utility yards for the storage of vehicles, equipment and supplies, nor for maintaining and extending distribution networks, power generation, or facilities requiring a New Jersey pollution discharge elimination system permit (NJPDES), provided that:
(1)
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2)
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
(3)
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
(4)
Landscaping, including shrubs, trees and lawns, shall be provided and maintained as required by § 500-507, Landscaping and buffering.
(5)
Off-street parking shall be provided as determined by the approving authority during site plan review.
(6)
All of the other area, yard, height and building coverage requirements of the respective zone and any other applicable requirements of this chapter shall be met.
G.
Temporary construction trailers. Temporary construction trailers at work sites shall be permitted in all zoning districts for office use and the storage of equipment and supplies during active construction activities. The installation of such trailers shall conform to the following requirements:
(1)
No trailer shall be installed at a work site prior to the issuance of a construction permit.
(2)
All such trailers shall be removed within two weeks from the work site upon the issuance of a temporary or permanent certificate of occupancy to which the use of the trailer relates.
(3)
No trailer shall be remain at a work site where active construction activity has ceased for a period of more than 30 days.
(4)
No trailer shall be located within 25 feet of a lot line or street line. Such trailers shall be temporarily screened from public view by a combination of opaque fencing and/or landscaping.
(5)
In the event that the development of a site or subdivision requires the use of more than four temporary construction trailers, a minor site plan shall first be submitted and approved by the Planning Board indicating the location, access, and appropriate buffering from public view.
H.
Temporary uses.
(1)
Application may be made to the Township Council for a permit for a temporary use inconsistent with the provisions of this article for special events lasting for a period not to exceed 30 days in any one year. Such events may include, but not be limited to, circuses, bazaars, fairs, golf tournaments, and athletic contests. In the granting or denial of such temporary use permit, the Township Council may consider the following:
(a)
The adequacy of provisions for public safety, including, but not limited to, fire prevention, crowd control, and emergency medical services.
(b)
The adequacy of provisions for vehicular and pedestrian traffic control, including ingress and egress, parking, attendants and temporary traffic signage.
(c)
The adequacy of provisions for food handling, solid waste, and sanitary sewerage.
(d)
The sufficiency of insurance for the event.
(e)
Any other measures necessary to protect the public health, safety, and welfare.
(2)
The Township Council may impose reasonable conditions on the issuance of any temporary use permit, including, but not limited to, the posting of adequate surety and the reimbursement of expenses incurred by the municipality.
§ 500-424 Driveways (residential).
[Amended 3-22-2010 by Ord. No. O-10-04[1]]
A.
Driveways in residential developments (except in the Environmental Residential District) shall be constructed of a two-inch FABC Mix I-5 surface course on a six-inch quarry blend stone base, or four-inch-thick NJDOT Class B concrete course with No. 9 reinforcement wire or equivalent on a stabilized subbase, or six-inch-thick NJDOT Class B concrete on a stabilized subbase. All driveway aprons and adjacent sidewalk areas shall be concrete.
B.
Residential driveways in the Environmental Residential District may consist of six-inch stone on a stable subgrade outside of the right-of-way. Concrete aprons shall be used within and to the right-of-way limit.
C.
Driveways shall be of sufficient length and width to accommodate the parking requirements of the New Jersey Residential Site Improvement Standards.
D.
Only one driveway and curb cut shall be permitted per single-family dwelling, with said driveway being set back at least three feet from any side or rear property line.
E.
Shared driveways between two lots are to be used where practical on collector and arterial roads. Cross easements shall be provided.
F.
Parking shall not be permitted between the building line and the street right-of-way, except within an improved driveway parallel to a side or rear property line.
G.
On corner lots, driveways shall be installed on the street having the lowest classification and be no closer than 40 feet to the intersection of the right-of-way lines.
H.
No driveway shall be located closer than three feet to a side or rear property line, except in the event that a driveway is shared among two individual properties or in instances approved by the Director of Community Development and Planning.
[Added 12-28-2016 by Ord. No. O-16-23]
I.
No curb cut to a single-family or two-family dwelling shall exceed 24 feet in width at the right-of-way line.
[Added 12-28-2016 by Ord. No. O-16-23]
[1]
Editor's Note: This ordinance redesignated this section from Section 504 of this ordinance to Section 424.
§ 500-425 Fences, hedges and walls.
A.
General regulations. Fences, hedges and walls shall not project past the front wall of the building or the side wall of a corner building, except as noted below.
B.
Intersection regulations.
(1)
At or near an intersection of two or more streets, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of motorists traveling on either intersecting street, regardless of the regulations specified below.
(2)
In the case of fences, walls or hedges in front yards, the heights shall not be more than 36 inches in residential districts or upon which is located a residential use, except on corner lots where it shall not be more than 30 inches. These height limitations shall be applicable for a sight triangle distance of 75 feet from the point of intersection of the face of curblines or edges of pavement, whichever applies.
C.
Other height restrictions.
(1)
Fences, hedges and walls parallel with side and rear lot lines on land that is either zoned for a residential use or upon which is located a residential use may be erected, altered or reconstructed to a height not to exceed six feet above ground level.
(2)
(Reserved)
(3)
Fences, hedges and walls enclosing residential property having a height that is greater than 36 inches, or 30 inches on corner lots, shall comply with the following setbacks. The purpose of this requirement is to maintain a clear sight distance for the safety of vehicular traffic movements on public rights-of-way and in and out of driveways.
(a)
Corner lots:
[1]
On the street side parallel with the front door to the building, the fence shall be set back at least 20 feet from the front property line or the distance of the front of the building, whichever is greater.
(4)
Any fence or wall enclosing nonresidential property shall be limited to eight feet in height except within the front yard where the height shall be limited to six feet.
(5)
Notwithstanding these regulations, the following exceptions to the height regulations shall be permitted:
(a)
A dog run or privacy area may have fencing a maximum of seven feet in height, provided such area is located in rear yard areas only and is set back from any lot line at least 15 feet.
(b)
A tennis court shall be located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distances required for principal buildings in the zoning district as stipulated in this article.
D.
Clear sight distance. In no case shall a fence, hedge or wall be permitted, unless the Zoning Officer determines that such fence, hedge or wall does not impair necessary visibility for safe traffic movement.
E.
Erection within property lines; encroachment. All fences, hedges, walls and/or shrubbery shall be erected within the property lines, and no fence, hedge, wall and/or shrubbery shall be erected so as to encroach upon a public right-of-way; and no fence, hedge, wall and/or shrubbery shall be erected so as to encroach upon any recorded easement, unless, in the discretion of the Zoning Officer, such encroachment will not defeat or interfere with the purpose of the easement and an appropriate release and waiver is presented as part of the application. The applicant shall be required, as part of the application:
(1)
To secure the signed consent of the responsible authority that the encroachment into the easement is not objected to;
(2)
To sign a release acknowledging that if the fence, etc., does defeat or interfere with the easement, that the applicant agrees to remove it; and
(3)
To hold the Township free and harmless from liability.
F.
Finished side. The finished side of all fencing shall face outwardly, and no fencing shall be installed so as to change or add to the natural flow of surface water onto adjoining or adjacent property.
G.
Maintenance. All fences, hedges, walls and/or shrubbery shall be maintained in a safe, sound and upright condition.
H.
Unsafe fences and walls; notice to remove or repair. If the Zoning Officer, upon inspection, determines that any fence, wall or any portion of any fence or wall is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence or wall, in writing, of his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 15 days of the date of the written notice.
I.
Walls for retaining earth excepted. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
J.
Residential swimming pool. A private residential swimming pool area shall be surrounded by a fence at least four feet, but no more than six feet, in height (see Chapter 75, Swimming Pools, for additional standards).
K.
Landscape plan. Fencing and walls for all uses requiring site plan approval shall be considered within the overall context of a landscape plan that considers the function and aesthetic quality of the fencing or wall.
L.
Prohibited types. No fence or wall shall be erected of wire, including but not limited to hardware cloth, livestock wire, and barbed wire, topped with metal spikes, broken bottles and glass, corrugated metal, cloth, snow fencing that is fabric or natural wood nor constructed of any material not commonly used for fencing or in any manner which may be dangerous to persons or animals and shall be of identical materials and design along a lot line, except that barbed wire may be used on any fencing securing high voltage or telecommunications facilities from trespass; livestock wire may be used for securing livestock on properties approved as a farm use; and chain link is an approved type of fencing.
M.
Limitations on chain link. Chain-link fences on residential properties shall not exceed a height of four feet and are prohibited from having privacy screens, including but not limited to slats, weaves, cloths, or other prohibited materials as determined by the Zoning Officer.
[1]
Editor's Note: This ordinance redesignated this section from Section 505 of this ordinance to Section 425.
§ 500-426 Signs.
[Amended 11-22-2004 by Ord. No. O-04-30; 10-11-2006 by Ord. No. O-06-27; 11-13-2006 by Ord. No. O-06-32; 1-28-2008 by Ord. No. O-07-33; 3-22-2010 by Ord. No. O-10-04[1];1-28-2013 by Ord. No. O-13-04; 2-23-2015 by Ord. No. O-15-03]
A.
Purpose and intent. The purpose of this section is to encourage the effective use of signs as a means of communication, to maintain the aesthetic environment and the Township's ability to attract economic development and growth, to improve pedestrian and vehicular safety, to minimize the potential adverse effects of signs on nearby public and private property and to enable the fair and consistent application of the regulations contained herein.
B.
Performance. Signs shall be permitted as accessory uses in all zoning districts within the jurisdiction of this chapter. Signs may be used, erected, maintained, altered, relocated, removed, or demolished only in compliance with the provisions of this section and any and all other ordinances and regulations of the municipality relating to the use, erection, maintenance, alteration, moving, or removal of signs or similar devices.
C.
Sign permit. A valid sign permit shall be required for the installation or alteration of all signs, unless exempted from such requirements under § 500-426G, Signs allowed without zoning permit, of this section, in accordance with the following requirements:
(1)
Application requirements.
(a)
Zoning.
[1]
All applications for sign permits shall be made to the administrative officer on forms provided by the municipality. All applications shall be signed by the owner of the sign and the property owner on whose premises the sign is to be erected. All applications shall contain a sketch of the proposed sign, drawn to scale, the wording or message, where the sign will be attached to a building, and a plot plan showing the location of the proposed sign with dimensions to the nearest building and lot lines. A color photograph, no smaller than three inches by five inches or larger than eight inches by 10 inches, shall be submitted for each existing sign on the premises.
[2]
Applications for facade signs shall include the dimensions of the facade area, namely, the height and width of the building, which the sign will be installed and the number and location of other facade signs on the building.
[3]
Applications for freestanding signs shall include a property survey or plot plan showing the location of the proposed sign with dimensions to the front property line and at least one side property line, the number and location of other freestanding signs on the property, and the location of the nearest freestanding sign on adjacent properties along the same road frontage.
(b)
Construction. Following approval a zoning permit a proposed sign may also require a construction permit.
(2)
Change of copy. Any change in the copy, wording, pictures, size, shape or structural alteration shall require an application for a zoning permit to ensure compliance with § 500-426, Signs.
(3)
Sign permit invalidation. Every sign used and maintained shall be required to have a valid sign permit, unless exempted. Any of the following shall cause a sign permit to be invalidated:
(4)
Effect of invalidation. For a period of not more than six months, a sign may continue to be displayed once its permit has become invalid, provided the property is being actively marketed for a new owner or tenant. Following notification from the Zoning Officer of a sign permit invalidation, the sign shall be deemed abandoned. Internally illuminated box signs shall be considered to meet the requirement of abandonment if the message is turned to face the interior of the box. At no time shall the lighting elements of the sign box be visible to passersby. It shall constitute a violation of this chapter for each and every day that a sign continues to be displayed following notification from the Zoning Officer or his designee. Signs that continue to be displayed in violation of this chapter shall be subject to confiscation, and the owner shall be liable for the full costs of such removal and disposal borne by the municipality.
(5)
Abandonment. If a sign advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted for a period of time greater than six months, that sign shall be considered an invalid sign as per § 500-426C(3), Sign permit invalidation, and abandoned and shall, within 60 days after such notification of abandonment, be completely removed by the sign owner, owner of the property where the sign is located, or other party having control over such sign. Removal shall include the sign, supports, and any other structures associated with the sign. In this context, a seasonal business such as a farm stand, custard stand, and other similar seasonal business shall be considered operational even though closed for a period not to exceed nine months. Abandoned signs shall be subject to confiscation as noted in § 500-426C(4), Effect of invalidation.
D.
Maintenance. All signs shall be maintained in good order with periodic painting, repairs and cleaning. In the event that the Zoning Officer of the municipality determines that any sign has fallen into a state of disrepair, has become dilapidated or constitutes a safety hazard, the sign owner and property owner (if different) shall be given written notice to correct the condition within 45 days from the date of the mailing of the notice. Failure to correct the condition within the time provided shall constitute a violation of this chapter. The Township shall have the right to recover from said owner the full costs of the removal and disposal of such signs should the owner fail to heed such correction notice. Signs shall conform to the requirements of the Uniform Construction Code and any other codes of the municipality that may be applicable.
E.
General provisions. The following general requirements shall apply to all signs:
(1)
Items of information. Permanent freestanding signs and facade signs closer than 75 feet to the right-of-way of a major arterial, arterial or collector road shall not contain more than nine items of information. For the purposes of this section, "items of information" shall mean a discrete quantum of data that conveys part of a message which is equivalent to a word, symbol, logo, initial, abbreviation, an unbroken group of numbers; each word in a registered trademark or service mark; or a broken geometric plane.
(2)
Official sign imitation. No sign shall be erected that is of such character, form, shape or color that it imitates or resembles any official traffic sign, signal or device, or that has any characteristics that are likely to confuse or dangerously distract the attention of the operator of a motor vehicle.
(3)
Permitted uses. No sign shall be erected containing a message that states or implies that a property may be used for any purpose not permitted in the zoning district unless approved by duly authorized variance in which said sign is located under the provisions of this chapter.
(4)
Prohibited placement. No sign shall be placed on any tree, telegraph, electric light, traffic signal or public utility pole, or upon rocks or other natural features, or on any street furniture.
(5)
Public property and rights-of-way. No sign other than traffic control or similar official governmental signs shall be erected within or project over the right-of-way of any public street or sidewalk, except as hereinafter provided. Any sign located along the right-of-way of a state or federal highway shall comply with any more restrictive requirements of the state and federal government. Any sign installed or placed on public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. In addition to other remedies that may be imposed under this chapter, the municipality shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such sign.
(6)
Sight triangles. No sign shall be erected within the clear sight triangle area as otherwise established in this chapter, unless the topmost portion of such sign is less than 2 1/2 feet high. In no case shall any sign be so erected that it impedes the vision of motorists or pedestrians, or otherwise endangers their safety.
(7)
Cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of a sign, damage, trim, destroy, or remove any trees, shrubs, or other vegetation located:
(a)
Within the right-of-way of any public street or road, unless the work is done pursuant to an approved site plan or subdivision.
(b)
On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located.
(c)
In any area where such landscaping is required to remain under any Board approval or permit issued under this chapter.
F.
(Reserved)
G.
Signs allowed without zoning permit. The following signs shall be allowed without the issuance of a zoning permit if nonilluminated. If specifically noted to allow illumination, a zoning and construction permit is required:
(1)
Emergency. Emergency warning signs erected by a governmental agency, public utility, pipeline company, or contractor doing such work authorized or permitted by such agency, utility, or company. Such signs may be illuminated.
(2)
Flags. Flags of the United States, the states, county, or municipality, foreign nations having diplomatic relations with the United States, any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction; religious or educational institutions, provided that such flag shall not exceed 240 square feet in area and shall not be flown from a pole that exceeds 40 feet in height. In addition, one other flag of equal size displaying a corporate logo, symbol, text, or other means of expression shall be permitted for nonresidential uses. Residential uses shall be permitted two decorative flags indicating seasonal events or other similar activities not to exceed 60 square feet. Flags of the United States and its political subdivisions shall be permitted on residential property. Any other flags shall be considered freestanding signs and shall be governed by such regulations that may apply in the applicable zoning district in which such flag is located. Flags may be illuminated.
(3)
Governmental. Signs posted by governmental agencies. Such signs may be illuminated.
(4)
Historic markers. Historic tablets, cornerstones, memorial plaques and emblems which are installed under the direction of government agencies or civil or religious organizations, provided that the sign area does not exceed six square feet.
(5)
Incidental signs. Incidental signs, such as those advertising the availability of restrooms, telephone, or similar public conveniences, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services, except those of public utilities. Incidental signs provided for the guidance and convenience of the public within commercial properties may also be erected. Any such sign shall not exceed two square feet in area. Such signs may be illuminated.
(6)
Name and address. Name and address signs attached to the facade of a building, lamppost or on a mailbox, provided that the size of the sign does not exceed 1 1/2 square feet. Address lettering shall be legible to emergency personnel.
(7)
Public notice. Any sign providing public notice required by a valid and applicable federal, state, or local law, regulation, or ordinance.
(8)
Public transportation. Signs indicating public transportation stops when installed by the municipality or a public transportation agency. Such signs may be illuminated.
(9)
Temporary signs. Excepting temporary signs for which a master permit is required, pursuant to the requirements of Chapter 73, Street Address Numbering, of the Township Code.
(10)
Time and temperature. Time and temperature signs shall comply with the following requirements:
(a)
Time and temperature signs shall be permitted in any district in which commercial uses are permitted, provided that they do not encompass more than 20% of the allowable sign area for the type of sign upon which they are placed.
(b)
Time and temperature signs shall be permitted in addition to any other allowable signage for the property.
(c)
The time and temperature display may alternate, provided that the period of time that one display is shown is not less than one second.
(d)
Where a time and temperature sign is not combined with any other sign, the regulations governing facade signs and freestanding signs shall apply.
(11)
Traffic control signs. Temporary and permanent traffic signs and signals installed by the municipality, county and state for the purpose of directing and regulating the flow of traffic.
(12)
Trespassing. Trespassing signs; signs indicating the private nature of a road, driveway, or premises; and signs prohibiting or otherwise controlling the fishing or hunting upon a particular premises, provided that the sign area shall not exceed two square feet, nor be posted closer than 50 feet from another sign with the same message.
(13)
Vending. Signs that are an integral part of vending machines, including gasoline pumps, soft drink and juice machines, provided that they do not exceed six square feet in area. Such signs may be illuminated.
H.
Sign area calculation. For the purposes of this section, "sign area" shall mean the area expressed in square feet, within a rectangle enclosing the extreme limits of writing, symbols, logos, letters, figures, emblems, or other embellishments plus all material or color forming an integral part of the sign or used to differentiate the sign from the background against which it is placed, provided that:
(1)
In the event a sign is designed with more than one face, the area shall be computed by including only the maximum surface display area of one face, provided that the message is the same on each face. For round, triangular or other nonstandard signs, the size shall be computed by the area as represented on one plane.
(2)
The supports, uprights, skirting, pole wrap or other structure on which any sign is attached or supported shall not be included in the calculation of sign area unless such structure is designed in such a manner as to form an integral part of the sign or conveys meaning.
(3)
The area of lamps, neon tubing, or other artificial illumination visible on a sign shall be counted as part of the total allowable sign area. The area of lamps focused on a sign to provide external illumination, however, shall not be included in this calculation.
(4)
Neon window signs, where permitted, cannot exceed 20% of the window area in which they are mounted with a maximum sign area not to exceed 25 square feet.
I.
Illumination. Illuminated signs shall conform to the following provisions:
(1)
Where illuminated signs are permitted, illumination may be provided by floodlights, spotlights, incandescent bulbs, fluorescent tubes, metal halide, mercury-vapor lamps neon tubing or any other type of glass encased ionized gas system. Regardless of the type of illumination employed, all illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic and so as not to cause a nuisance to residents of the area.
(2)
Signs capable of illumination shall be turned off between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless the business or uses advertised are open to the public later than 10:00 p.m. or earlier than 7:00 a.m., in which event any such establishment may keep a sign illuminated during business hours, only.
J.
Required street numbering. Street numbering shall be required for every dwelling unit and nonresidential building in accordance with Chapter 73, Street Address Numbering, of the Code of the Township of Gloucester.
K.
Temporary signs, no permit required. The following temporary signs shall not require a sign permit:
(1)
Contracting signs. Temporary signs of contractors, mechanics, painters, paperhangers and/or artisans, on the lot on which the contracting work is being performed, shall be permitted during the period of work. Contracting signs shall not exceed 12 square feet in area. Any such sign shall be removed within seven days of the completion of the work to which the sign relates.
(2)
Grand opening and business relocation signs. Grand opening, "under new management" and business relocation signs shall be permitted for a period of time not to exceed 30 days from the initial opening of a business or a change in the ownership of the premises on which the sign is located. Grand opening signs may be facade signs, freestanding signs, or banners. Business relocation signs may be facade or window signs. Grand opening and business relocation signs shall not exceed the total sign area permitted on the premises for permanent facade signs. Grand opening and business relocation signs shall be permitted in addition to any permanent signage allowed. Relocation signs shall be restricted to the present location of the relocating business and the future location of the relocating business.
(3)
Political signs. Political signs may be erected for a period of no more than 60 days. One political sign may be erected for each candidate in an election. Political signs shall be erected no sooner than 45 days prior to an election and shall be removed within 15 days after an election. When no election, referendum or other plebiscite is within 60 days, only one political sign at any one time shall be permitted. Political signs in residential zones shall not exceed 16 square feet, the dimension shall not exceed four feet on any side and they shall not exceed six feet in height. Political signs in all other zones shall not exceed 32 square feet in area nor six feet in height. Such signs shall be exempt from the requirement limiting the number of items of information as otherwise required. No political sign shall be installed or placed on public property, including rights-of-way. Any such sign on public property shall be subject to confiscation.
(4)
Project development. One sign announcing the name of the project developer, architect, engineer, contractor, and/or financing institution shall be permitted at a site under construction or expansion in accordance with an approved site plan or subdivision, provided the sign shall not exceed 32 square feet in area and six feet in height. The sign shall be removed before any certificate of occupancy is issued for nonresidential uses and when 75% of the certificate of occupancies for residential uses have been issued. Such signs shall be exempt from the requirement limiting the number of items of information as otherwise required.
(5)
Public functions. Signs advertising public functions; providing public service or information; or fund-raising events for charitable or religious organizations shall be permitted for a period of 30 days prior to and during the event and shall be removed within five days after the event. The sign may be erected either on the premises of the event or as a banner, provided that the location of the banner is approved by the appropriate governmental authority if suspended over a public right-of-way. A sign erected on the premises shall not exceed 32 square feet nor eight feet in height. Banners may project over a right-of-way, provided that the lowest edge of the sign is a minimum of 17 feet six inches above the highest part of the cartway. Banners shall not exceed 60 square feet in area.
(6)
Real estate. Real estate signs announcing the sale, rental or lease of the premises on which the sign is located. The sign may be double-faced. Only one sign per street frontage shall be permitted.
(b)
All real estate signs shall be removed within seven days after closing or settlement on said property or the execution of the lease.
(c)
Off-tract directional real estate signs identifying an open house shall also be permitted. Signs may be double-faced and may not exceed three square feet per side. Signs may be installed only with the written permission of the property owner(s). Signs may be installed for a period of time up to 24 hours preceding the open house and shall be removed the same day.
(7)
Special events. Special event signs in conjunction with a temporary use allowed pursuant to § 500-423H, Temporary uses, to the extent as may be permitted by Township Council.
(8)
Window signs. Window signs and internal signs advertising or describing sales or special merchandise are permitted, provided that the same sign does not remain visible from the exterior of the building for a period of longer than 20 days and that all of the signs individually or collectively do not exceed 50% of all available window space or 20% of the total facade area, whichever is less.
(9)
Yard and garage sale signs. Signs advertising a yard or garage sale shall not exceed three square feet in area; shall not be erected more than seven days prior to such sale; and shall be removed within 48 hours after the sale. No premises shall be permitted to erect such signs more than two times in any calendar year. No more than eight signs shall be permitted to be installed advertising any one sale. No sign shall be attached to a utility pole or traffic sign or signal. Signs may be placed on private property with the permission of the landowner.
(10)
Public recreation registration signs. Signs advertising registration for a Township recognized public recreation organization or other similar organization may be erected for a period of no more than 45 days and shall be removed within seven days after the event. Public recreation registration signs shall not exceed six square feet and shall not exceed four feet in height. Such signs shall be exempt from the requirement limiting the number of items of information as otherwise required.
L.
Prohibited signs. All signs not permitted by this chapter are hereby prohibited, with the following signs specifically prohibited:
(1)
Flashing, blinking, twinkling, animated, moving, projected, or reflectorized signs of any type, with the exception of time and temperature displays as otherwise permitted.
(2)
Banners, pennants, streamers, pinwheels, or similar devices; vehicle signs; portable signs; balloon signs or other inflated signs; and searchlights, displayed for the purpose of attracting the attention of pedestrians and motorists; except banners shall be permitted pursuant to § 500-426K(5), Public functions.
(3)
Signs which emit smoke, visible vapors or particles, sound or odor. Any sign that emits electromagnetic radiation outside the wavelengths of visible light which is measurable beyond the property boundary and signs causing interference with radio or television reception.
(4)
Any sign attached or affixed to the roof of a building, or a facade sign that projects above the lowest level of a roof or beyond the corner of a wall. This shall not be construed to prohibit projecting signs as defined and permitted herein.
(5)
Any that which, when applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests or is obscene in nature.
(6)
Signs that attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.
(7)
Any sign so erected, constructed, or maintained as to obstruct any fire escape, window, door, or other opening used as a means of ingress and egress or that prevents adequate light and air to the interior of any building.
(8)
A series of two or more signs placed in a line parallel to a street each of which contains part of such message or advertisement.
(9)
Signs attached, affixed or painted on trees, fences, utility poles, light poles, signs attached to other signs and signs placed upon motor vehicles, boats, trailers, or other similar devices that are continuously or repeatedly parked in a conspicuous location to serve as a sign. This subsection shall not be construed to prohibit the placement of directional signs that identify the general location of parking areas in large parking lots.
(10)
Portable signs, unless otherwise excepted.
(11)
Signs that advertise activities that are illegal under federal, state, county, or local law.
M.
Awning sign requirements. Awning signs, where permitted, shall be in lieu of facade signs and shall comply with the size limitations of facade signage.
N.
Changeable-copy signs. Changeable-copy signs, where permitted, shall comply with the following provisions as well as any more specific regulations in this section:
(1)
Changeable-copy signs shall be allowed only as an integral part of a freestanding or facade sign. The area of a changeable-copy sign shall be included in the sign area calculation for the freestanding or facade sign and shall not exceed 50% of the total sign area, excepting movie theater marque signs.
(2)
Changeable-copy signs shall not be permitted on temporary or portable signage.
(3)
Copy shall not be changed more than once every 24 hours, excepting time and temperature displays. Changeable-copy signs that are changed more frequently shall be considered animated signs.
(4)
Changeable-copy signs may not be located in any residential zoning district, excepting institutional uses.
(5)
The maximum number of lines of changeable copy shall be four lines.
(6)
The minimum height of changeable copy letters shall be four inches and the maximum six inches.
O.
Directional signs. Directional signs shall comply with the following requirements:
(1)
Directional signs for indicating the path of pedestrian or vehicular traffic from a public street shall meet the following regulations:
(a)
No such sign shall contain a commercial message. A business name and/or logo shall not be considered a commercial message in this context.
(b)
Directional signs may be illuminated.
(c)
The size of each sign shall not exceed four square feet nor exceed 30 inches in height.
(d)
The number of signs shall be limited to the number of driveway or pedestrian walkway intersections with a public street or public sidewalk, respectively.
(2)
Directional signs for indicating the path of pedestrian or vehicular traffic at driveway intersections internal to a site shall meet the following regulations:
P.
Directory signs. Directory signs shall comply with the following requirements:
(1)
The sign shall be located within the site or complex so as to allow motorists to leave the flow of traffic and safely read the directory; or shall be placed at the main entrance to a building.
(2)
The sign shall contain a map or floor plan diagram, as the case may be, indicating the location of the buildings or offices listed on the directory.
(3)
Any such sign shall not exceed eight square feet in sign area for building-mounted signs or 16 square feet in area for freestanding signs.
(4)
A freestanding directory sign shall not exceed six feet in height.
(5)
Directory signs may contain more than one commercial message and may be illuminated.
Q.
Facade sign requirements. Facade signs, where permitted, shall comply with the following provisions as well as more specific regulations in this section:
(1)
Size limitation. Unless otherwise modified herein, no facade sign shall exceed 5% of the total sign facade area to which it is attached.
(2)
Number. One facade sign per building, or ground level store in a shopping center, shall be permitted. Where the building is located on a corner lot, a second facade sign shall be permitted, provided:
(4)
Bonus for individual letter sign types. The sign area limitations in § 500-426Q(1), Size limitation, may be increased by 10% or in other words 5.1% when the message consists of individual letters or symbols and by 20% or in other words 5.2% when the message consists of individual back lighted letters or symbols.
(5)
Construction of signs flat against buildings. Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with rust-proof metal hardware in accordance with the Uniform Construction Code.
(6)
Menu sign. Restaurants or other eating establishments may erect one additional facade sign for the placement of a menu or other bill of fare at the main entrance, provided the sign does not exceed six square feet in area.
R.
Freestanding sign requirements. Freestanding signs, where permitted, shall comply with the following provisions as well as any more specific regulations herein:
(1)
Unless otherwise modified, the following sign area limitations and requirements shall apply to all freestanding signs:
Allowed Freestanding Sign Area | |||
|---|---|---|---|
No. of Travel Lanes | Posted Speed Limit (mph) | Maximum Sign Area: No Residential Use or Zone Abutting Side Yard or Across the Street (square feet) | Maximum Sign Area: Residential Use or Zone Abutting Side Yard or Across the Street (square feet) |
2 | 0-25 | 15 | 10 |
26-45 | 35 | 20 | |
46+ | 75 | 50 | |
4 | 0-25 | 20 | 15 |
26-45 | 50 | 35 | |
46+ | 120 | 80 | |
6 | 26-45 | 65 | 40 |
46+ | 130 | 90 | |
(2)
No freestanding sign shall be permitted if the building line is less than 25 feet from the street line, excepting signs in a historic district.
(3)
No freestanding sign shall block the view of any existing signs.
(4)
Freestanding signs shall be permitted only in a front yard.
(5)
No freestanding sign, excepting real estate signs, shall be directed towards a street from which the property does not have direct access.
(6)
Sign separation of any new sign shall be a minimum distance of 80 feet from any existing adjacent freestanding sign, excepting directional, directory, or incidental signs.
(7)
All freestanding signs shall be skirted to enclose the supporting pole or pylon of the sign. The skirting shall not be included in the sign size calculation unless it displays a message.
(8)
The base of the freestanding sign shall be landscaped with a combination of shrubs, ground cover, flowers, or other plant material.
S.
Billboards and outdoor advertising off-premises signs. Billboard and outdoor advertising signs, also known as "off-premises signs," are permitted as a conditional use and shall comply with § 500-426DD, Billboards and outdoor advertising signs.
T.
Temporary signs, permit required. When allowed within specified zoning districts, an applicant may apply for a master permit governing the location and size of temporary signs. Each master permit shall allow temporary signage to advertise special sales or events and shall be for a time period of one year. No temporary signs for which a master permit is required shall be displayed without a valid permit. Each and every day that a temporary sign for which a permit is required and is displayed without a master permit shall constitute a separate violation of this chapter. Temporary signs in this subsection shall conform to the following requirements:
(1)
Such signs shall be limited to retail sales and service uses.
(2)
The minimum display time shall be one week, and the maximum display time shall be four weeks.
(3)
The sign shall be constructed of materials sufficiently durable for the required time period.
(4)
Such signs shall be located on the facade of the building, unless otherwise excepted.
(5)
One temporary sign per building shall be permitted, unless otherwise excepted. Where the building is located on a corner lot, a second temporary sign attached to the facade shall be permitted, provided the conditions of § 500-426Q(2)(a) through (c), Facade sign requirements, are met.
(6)
The size of the temporary sign shall not exceed the size limitation for one facade sign as permitted in the zoning district.
(7)
The message on a temporary sign shall not repeat the message on a previous temporary sign within a four-month time period.
U.
(Reserved)
V.
Signs permitted in the ER, R-1, R-2, R-3 and R-4 Districts and L-RD Redevelopment Zone.
[Amended 1-25-2016 by Ord. No. O-15-20]
(2)
Residential uses.
(a)
Entrance signs associated with a residential development as per § 500-426GG, Residential development community entrance sign.
(b)
At an approved rental or sales office installed pursuant to § 500-422N, Sales office, one freestanding nonilluminated sign advertising the office, not to exceed 16 square feet in area and not more than five feet in height and a minimum of 10 feet from any property line. Such sign shall be removed with the removal of the temporary office.
(c)
Residential sign not exceeding six square feet in area nor four feet in height, if freestanding. Any freestanding sign shall be set back a minimum of 20 feet from any property line.
(3)
Commercial uses. One freestanding sign not to exceed 10 square feet in area nor four feet in height and a minimum of 10 feet from any property line and one directory sign attached to the facade of the building. No facade sign shall otherwise be permitted.
(4)
Agricultural uses. Farm stands for the sale of farm produce grown on the premises may have two freestanding signs, each not larger than 12 square feet in area and not exceeding eight feet in height and a minimum of 10 feet from any property line. Such signs may have changeable copy. In addition, one facade sign no larger than 16 square feet in area shall be permitted attached to the farm stand or farm building where the produce or products are sold.
(5)
Institutional uses. The following signs shall be permitted for institutional uses:
(a)
One freestanding sign not exceeding 32 square feet in area nor eight feet in height.
(b)
Freestanding signs shall be set back from all street lines a minimum of 10 feet.
(c)
One facade sign per building in accordance with § 500-426Q, Facade sign requirements, not to exceed 40 square feet.
W.
Signs permitted in the RA, APT, SCR and GCR Districts.
(2)
Residential uses.
(a)
Entrance signs associated with a residential development as per § 500-426GG, Residential development community entrance sign.
(b)
At an approved rental or sales office installed pursuant to § 500-422N, Sales offices, one freestanding nonilluminated sign advertising the office, not to exceed 16 square feet in area and not more than five feet in height and a minimum of 10 feet from any property line. Such sign shall be removed with the removal of the temporary office.
(c)
Residential sign not exceeding six square feet in area nor four feet in height, if freestanding. Any freestanding sign shall be set back a minimum of 20 feet from any property line.
(3)
One facade sign per building in accordance with § 500-426Q, Facade sign requirements, and not exceeding six square feet in area.
(4)
Single-family detached and two-family dwellings shall be permitted signs in accordance with § 500-426V, Signs permitted in the ER, R-1, R-2, R-3 and R-4 Districts, only.
(7)
Commercial or institutional uses, where permitted, shall conform to the requirements in § 500-426V(3), Commercial uses.
X.
Signs permitted in the OR District and BW-RD Redevelopment Zone.
[Amended 1-25-2016 by Ord. No. O-15-20]
(2)
One freestanding sign per premises pursuant to § 500-426R, Freestanding sign requirements, and not exceeding six feet in height and a minimum of 10 feet from any property line.
(3)
Facade signs in accordance with § 500-426Q, Facade sign requirements, and not exceeding 20 square feet, whichever is less.
(6)
One temporary sign pursuant to § 500-426T, Temporary signs, permit required, excepting uses in the OR Office Residential District.
(7)
Neon window signs in accordance with § 500-426H(4), Sign area calculation, and § 500-426I(1), Illumination. No more than one neon sign per business unit per wall with a maximum of two neon signs.
Y.
Signs permitted in the OF and CR Districts and G-RD and M-RD Redevelopment Zones.
[Amended 1-25-2016 by Ord. No. O-15-20]
(2)
One freestanding sign per premises pursuant to § 500-426R, Freestanding sign requirements, and not exceeding six feet in height and a minimum of 10 feet from any property line.
(3)
Facade signs in accordance with § 500-426Q, Facade sign requirements, and not exceeding 60 square feet, whichever is less.
(4)
A-frame sign. An A-frame sign for each retail establishment conforming to the following:
(a)
The sign may be displayed only during business hours.
(b)
Each side of the sign may not exceed six square feet.
(c)
The sign may consist of a framed chalkboard, tack board or changeable-copy sign for the listing of daily specials and hours of operation, only. Permanent lettering, excepting the name of the establishment, shall not be permitted.
(d)
The location of the sign shall not interfere with pedestrian or vehicular traffic.
(e)
This type sign shall not be located within a parking area.
(5)
Awning signs pursuant to § 500-426M, Awning sign requirements, excepting uses in the OF Office District where awning signs are prohibited.
(9)
One temporary sign pursuant to § 500-426T, Temporary signs, permit required, excepting uses in the Office District where temporary signs, permit required, are prohibited.
(10)
One projecting sign per building in lieu of a freestanding sign not to exceed 12 square feet in area. The minimum height clearance of the lower edge of any such sign shall be nine feet.
(11)
Neon window signs in accordance with § 500-426H(4), Sign area calculation, and § 500-426I(1), Illumination. No more than one neon sign per business unit per wall with a maximum of two neon signs.
Z.
Signs permitted in the BP and GI Districts.
(2)
One freestanding sign for each collector or arterial roadway that provides access to the building or complex pursuant to § 500-426R, Freestanding sign requirements, and not exceeding eight feet in height.
[Amended 1-25-2016 by Ord. No. O-15-20]
(3)
Freestanding signs shall be set back from all street lines a minimum of 10 feet.
(4)
Facade signs in accordance with § 426.Q, Facade Sign Requirements and not exceeding 100 square feet, whichever is less.
(5)
Facade signs in the GI District shall meet the following requirements, unless otherwise limited by § 500-426Q, Facade sign requirements:
(8)
Neon window signs in accordance with § 500-426H(4), Sign area calculation, and § 500-426I(1), Illumination. No more than one neon sign per business unit per wall with a maximum of two neon signs.
AA.
Signs permitted in the NC and HC Districts.
(2)
One freestanding sign for each collector or arterial roadway that provides access to the building or complex, pursuant to § 500-426R, Freestanding sign requirements, and not exceeding eight feet in height.
[Amended 1-25-2016 by Ord. No. O-15-20]
(3)
Freestanding signs shall be set back from all property lines a minimum distance of 10 feet.
(4)
Facade signs shall conform to § 500-426Q, Facade sign requirements, and shall not exceed 100 square feet, whichever is less.
(9)
New car and truck nationally franchised dealerships with at least 400 feet of contiguous street frontage shall be permitted one additional freestanding sign, pursuant to the size limitations of § 500-426R(1), Freestanding sign requirements. The additional sign may be attached to the primary freestanding sign or located on a second support structure. The additional sign shall only contain a single commercial message identifying a brand of vehicle sold on the premises.
(10)
Service stations shall be permitted a changeable-copy sign on any permitted freestanding sign for prices of grades of fuel, not exceeding five square feet per grade sold and not to exceed three square feet in area for each fuel pump.
(11)
Fast-food restaurants with a drive-through facility shall be permitted one additional freestanding or facade sign for the display of a menu. Such sign shall not be legible from the public right-of-way. The sign shall not exceed 64 square feet in area nor seven feet in height.
(12)
Neon window signs in accordance with § 500-426H(4), Sign area calculation, and § 500-426I(1), Illumination. No more than one neon sign per business unit per wall with a maximum of two neon signs.
BB.
Signs permitted in the IN and PR Districts.
(2)
One freestanding sign in accordance with § 500-426R, Freestanding sign requirements, not exceeding 32 square feet and six feet in height.
(3)
Freestanding signs shall be set back from all street lines a minimum of 10 feet.
(4)
One facade sign per building in accordance with § 500-426Q, Facade sign requirements, not to exceed 100 square feet.
(8)
Neon window signs in accordance with § 500-426H(4), Sign area calculation, and § 500-426I(1), Illumination. No more than one neon sign per business unit per wall with a maximum of two neon signs.
CC.
Road signs.
(1)
Traffic control signs shall be designed and installed in accordance with the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" as published by the U.S. Department of Transportation and Federal Highway Administration and as adopted by the NJ Department of Transportation.
(2)
Street name signs shall be placed at each street intersection so that one such sign shall be placed at each "T" intersection with two such signs being placed at every four-way street intersection.
(3)
Street name signs shall be in general conformance with existing signs already installed in the Township and shall be designed in accordance with the criteria set forth below:
(a)
All streets, both existing and proposed, shall be identified on the street signs.
(b)
Street name signs and assemblies shall include two double-based plates affixed to a bracketed post with the post being capped.
(c)
Nameplates on each installation shall be of equal length and of extruded aluminum construction having a green reflective sheeting background.
(d)
Nameplates shall be six inches in height with a length of 18, 24, or 36 inches.
(e)
Letters for street names shall be on white bead reflectorized copy, four inches in height and lettered with standard alphabet, heat activated B-series.
(f)
Prefix and suffix letters shall be three inches in height and lettered with standard alphabet, heat activated C-series.
(g)
Post caps and brackets shall be of smooth finish, die-case of high-strength aluminum alloy No. 380 under 400 tons of pressure, within a minimal tensile strength of 45,000 pounds per square inch. The post cap shall be of die-cast aluminum to fit a 2 3/8 inch outside-diameter post. The bracket shall be aluminum, 90°, self-locking slots or aluminum, 45°, self-locking slots.
(h)
All street signs and assemblies shall be mounted atop 2 3/8 inch outside-diameter galvanized steel post.
(i)
The post shall be inserted in the ground to a point not less than three feet below ground level. The height above grade shall not exceed nine feet.
(j)
The post shall be placed in a base of concrete, or concrete and stone, with a radius of at least 12 inches and a depth of at least 36 inches.
(k)
The post shall be anchored to the base by means of a steel pin not less than six inches long and 1/4 inch in diameter, inserted through two opposing holes drilled through the base of the post at a point one foot above the base of the post.
(l)
The post shall be installed perpendicular to the plane of the ground as determined by the plane of the adjacent sidewalk.
(4)
Street signs conforming to the standards hereinabove prescribed shall be installed by the developer as a condition of acceptance of the street by the Township and prior to the issuance of a certificate of occupancy for any dwelling unit on the street.
(5)
All street names shall be designated or approved by the Department of Assessors Office.
(6)
At signalized intersections, street signs shall be located on the overhead arm supporting the traffic signal, or otherwise suitably suspended over the intersection. Roadway clearance shall be a minimum of 15 feet from the bottom of any sign or supporting equipment and the top of the paved surface.
DD.
Billboards and outdoor advertising signs. Billboards and outdoor advertising signs may be permitted when authorized as a conditional use by the Planning Board. The requirements of § 500-426DD(6), Area, height, yard and other bulk requirements, shall be the specific conditional use criteria for issuance of a conditional use permit.
(1)
Specific purpose and intent. The regulation of billboards is intended to enhance and protect the community character and image by minimizing visual blight and pollution, and to minimize traffic safety hazards due to the diversion of the driver's attention and blockage of sight distances while, at the same time, to provide the ability to deliver a commercial message to the public and not deprive any entity or person of their First Amendment rights and privileges. Any billboard, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful, noncommercial message, that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this chapter.
(2)
Locations. Billboards may be located in the following districts of the Township:
(a)
The IR Interchange Redevelopment District in accordance with the Interchange Redevelopment Plan, Ordinance No. O-11-17, adopted August 8, 2011.
(b)
The BP Business Park District that is adjacent to NJ Route 42 (North South Freeway) and the toll road commonly known as "the Atlantic City Expressway" excluding the following locations for the reasons noted.
[1]
The BP Business Park District along the east side of Orr Road, which is not specifically adjacent NJ Route 42.
[2]
The BP Business Park District along the northeast corner of the Atlantic City Expressway and Berlin - Cross Keys Road, which has implemented the SCR-HC - Senior Citizen Residential - Highway Commercial Overlay District.
(3)
Performance. Billboards may be used, erected, maintained, altered, relocated, removed, or demolished only in compliance with the provisions of this section and any and all other ordinances and regulations of the municipality relating to the use, erection, maintenance, alteration, moving or removal of any billboards.
(a)
No billboards can be utilized to advertise tobacco or any tobacco products or their use and consumption. The advertisement of alcoholic products must conform to the current federal and New Jersey State standards.
(b)
All billboards shall be located within 660 feet of the right-of-way of both NJ Route 42 and the Atlantic City Expressway.
(d)
No billboard shall be attached to any building.
(e)
All billboards regulated by this chapter shall be constructed of permanent materials and shall be permanently attached to the ground by direct attachment to a rigid wall, frame or structure.
(f)
All billboards must possess and provide limited access to their structure in order to avoid climbing upon or unauthorized entrance to the structure.
(g)
No billboard can present a blank or unused advertising face for more than a sixty-day period. If a commercial or charitable message is not present, then a public service message must be presented. If the billboard is blank or has no charitable or public message for a period that exceeds 60 days, the billboard is deemed be abandoned as per § 500-426DD(8), Abandonment.
(h)
No billboard shall be permitted to advertise activities that are illegal under federal, state or local law in effect at the location of those signs or at the location of those activities.
(i)
Embellishments such as objects, letters, figures or other devices, which create a three-dimensional effect, may be attached to the surface area or extended beyond the surface area as may be applicable; however, shall be counted for area as per § 500-426H, Sign area calculation, and height and setback as per § 500-426DD(6), Area, height, yard and other bulk requirements.
(4)
Billboard permits. All appropriate permits are required for the construction and erection of any billboard.
(a)
The erection and construction of all billboards will comply with the applicable provisions of the appropriate building and electrical codes of Gloucester Township.
(b)
All permit applications must include two sets of plans showing the construction details of the proposed billboard. Such plans must contain the signature of an architect or professional engineer licensed in the State of New Jersey.
(c)
All applications for a billboard permit must contain the written approval and consent of the property owner of the land upon which the billboard is to be erected.
(d)
A site plan in accordance with this chapter is required for each billboard application prior to its approval and the issuance of any permits. All applications must contain a copy of the State of New Jersey permit which was issued for the billboard.
(5)
Illumination. A billboard may be illuminated, provided that all light sources shall be designed, shielded, arranged and installed to confine or direct all illumination to the surface of the billboard and away from adjoining properties. All lighting shall conform with the provisions of § 500-426I(1), Illumination.
(6)
Area, height, yard and other bulk requirements. Except as otherwise modified, the following conditional use criteria shall apply to the installation and location of all billboards:
(a)
No billboard shall exceed the maximum overall height of 45 feet. This height shall be measured from the horizontal plane at the nearest edge of paved road surface opposite the edge of the sign face to the highest point of the billboard or embellishment, if applicable.
(b)
Only one double-faced billboard shall be erected on each billboard support structure. Billboard sign faces may be double-faced, single-faced back-to-back, or single-faced in a V-type construction.
(c)
No billboard shall exceed the maximum size of 16 feet in height by 60 feet in width or 960 square feet.
(d)
A billboard and its support structure shall be erected no closer than 10 feet to any property line.
(e)
No billboard shall be erected within 3,000 feet of an existing billboard located on either side of the roadway. These distances shall be measured and shall apply only within the political and geographical boundaries of Gloucester Township.
(f)
Billboards shall be located a minimum of 400 feet from a residential zoning district. This distance shall be measured from the nearest edge of the billboard or embellishment, if applicable, to the nearest residential zoning district boundary.
(7)
Nonconforming billboards. All nonconforming billboards shall be dismantled and removed at the owner's expense if any of the following occurs:
(a)
The billboard is declared and determined to be abandoned in accordance with § 500-426DD(8), Abandonment, of this chapter.
(8)
Abandonment. Any billboard and outdoor advertising display that has not had an advertisement on it, or the advertisement is in need of repair, or the structure is missing components necessary for an advertisement for a period of 90 days shall be considered abandoned and shall, within 60 days after such notification of abandonment, be completely removed by the billboard and outdoor advertising display owner, owner of the property where the billboard and outdoor advertising display is located, or other party having control over such billboard and outdoor advertising display. Removal shall include the billboard and outdoor advertising display, supports, and any other structures or embellishments associated with the billboard and outdoor advertising display.
EE.
Nonconforming signs.
(1)
Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this chapter may be continued except as provided below.
(2)
A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this chapter.
(3)
If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed, or replaced except in conformity with all the provisions of this chapter, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds 50% of the value (tax value if listed for tax purposes) of the sign so damaged.
(4)
If a building to which a nonconforming sign is attached or to which it relates is demolished or destroyed by man-made or natural causes, the nonconforming sign shall be brought into conformance with the provisions of this section.
(5)
The message of a nonconforming sign may be changed as long as no new nonconformity is created.
FF.
Electronic message center.
(1)
Electronic message centers shall be permitted for the following entities to promote the public health, safety, general welfare, and community:
(a)
Fire District No. 1, No. 2, No. 3, No. 4, No. 5, and No. 6.
(2)
No more than one electronic message center shall be permitted at each location.
(3)
No electronic message center shall exceed 24 square feet.
(4)
No electronic message center shall exceed a height of eight feet.
(5)
Any electronic message center shall be installed within the front property line and at least 10 feet from any side or rear property line.
(6)
Gloucester Township shall have the ability to display messages on the electronic message center as may be required to promote the public health, safety, general welfare, and community.
GG.
Residential development community entrance sign.
(1)
Residential development community entrance signs shall be permitted for any residential development regardless of the zoning district.
(2)
No more than one double-faced freestanding sign or two single-faced freestanding signs shall be permitted for any development.
(a)
Residential developments with two entrances may apply the above standard to both entrances; however, no more than two entrances shall have residential development entrance signs.
(3)
No residential development community entrance sign shall exceed 24 square feet.
(4)
No residential development community entrance sign shall exceed a height of six feet.
(5)
Residential development community entrance signs shall be required to identify Gloucester Township within the sign area.
(6)
Any residential development community entrance sign shall be installed within the front property line and at least 10 feet from any side or rear property line.
[1]
Editor's Note: This ordinance redesignated this section from Section 513 of this ordinance to Section 426.
§ 500-427 Warehouse, distribution, and fulfillment centers.
[Added 11-21-2022 by Ord. No. O-22-23]
A.
Permitted zoning districts. Warehouse, distribution, and fulfillment centers shall be conditionally permitted uses within the GI General Industry and BP Business Park Zoning Districts, as well as within the New Vision Redevelopment Area and Glen Oaks Redevelopment Area in accordance with the conditions outlined below.
B. FULFILLMENT CENTER LAST-MILE FULFILLMENT CENTER MAJOR DISTRIBUTION CENTER MICRO FULFILLMENT CENTER WAREHOUSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A regional fulfillment facility having a gross floor area of 150,000 to 499,999 square feet.
A smaller local or area fulfillment facility or station that primarily serves local markets, having a gross floor area of 50,000 to 149,999 square feet.
A large-scale regional and/or interstate distribution facility having a minimum gross floor area of 500,000 square feet.
A small-scale storage facility that is primarily used to store inventory closer to end consumer within the geographic area, having a minimum gross floor area from 3,000 to 49,999 square feet.
A major distribution center, fulfillment center, last-mile fulfillment center, or micro fulfillment center.
C.
D.
Site development standards.
(1)
Distance from residential zones and uses, including schools, day-care centers, places of worship, hospitals, community centers, and parks measured from property line to property line:
(7)
Sustainable design.
(a)
New construction shall address water conservation, low impact green stormwater management techniques, including, but not limited to, pervious paving and drive lane surfacing, green roofs, and bioretention systems.
(b)
New construction shall be designed to include or support solar arrays and solar panel or green rooftop installations.
(c)
US Green Building Council LEED (Leadership in Energy and Environmental Design) standard or higher comparable "green building" program is encouraged.
(8)
Building design shall comply with § 500-514, Siting of buildings, except as provided herein.
(a)
Principal building facade shall include all building facades that face the public street. When a building has more than one principal facade, such principal building facades shall be consistent by design, materials, details, and treatment. Principal building facades shall avoid the use of undifferentiated surfaces by including at least two of the following design elements:
E.
Operational standards.
(1)
Prohibiting outdoor loading activities conducted between 9:00 p.m. and 6:00 a.m. that exceed 50 dBA Community Noise Equivalent Level (CNEL) noise levels, nor shall anyone operate speakers that exceed 45 dBA Leq (equivalent continuous sound level) within 1,500 feet of residential property between 7:00 p.m. to 7:00 a.m.
(2)
Off-peak goods movement and staggered shifts shall be implemented to minimize traffic impacts.
(3)
Idling of heavy equipment for more than 10 minutes shall be prohibited. It shall be required for operators to turn off engines when not in use.
(4)
Posting both interior- and exterior-facing signs, including signs directed at all dock and delivery areas, identifying idling restrictions and contact information to report violations to NJDEP's Environmental Hotline at 1-877 WARN DEP (1-877-927-6337), and the building manager.
(5)
All equipment maintenance records, data sheets, specifications and emission control tier classifications shall be kept onsite and made available to lead agency or other regulators upon request.
(6)
It is encouraged to use electrical hookups to the power grid, rather than the use of diesel-fueled generators, for electric construction tools, such as saws, drills, and compressors, and using electric tools whenever feasible.
(7)
Noise protection barrier around combustion-powered construction equipment shall be utilized.
(8)
Dust, fumes, vapors, mists, gases, fly ash or odors shall not be allowed to be discharged into the atmosphere in such quantities or at such levels as to cause injury, detriment, or nuisance to persons on other properties or endanger their comfort, repose, health, or safety or in such quantities or levels as to cause property damage.
(9)
Site and building access shall be coordinated with the Emergency Services Personnel and Fire Marshal.
(10)
Commercial Knox-Boxes® are required to provide public safety personnel access to any secured areas of the site, the principal building structure, and any accessory structures. The final location(s) and specifications for Knox-Boxes® shall be subject to review and approval by the Emergency Services Personnel and Fire Marshal.
F.
Site plan submission requirements. In addition to the application submission requirements in Article VIII, Application Submission Requirements, the following materials must also be submitted. Submission of such materials shall be made condition of approval.
(1)
A written description of the proposed use and operation, including:
(a)
The number of employees or users;
(b)
Hours of operation and times and frequency of deliveries, distributions and/or restocking;
(c)
The proposed number of shifts to be worked and maximum number of employees on each shift;
(d)
Expected truck and tractor trailer traffic and number of deliveries;
(e)
Emission of noise, glare, vibration, heat, odor, air, and water pollution; and
(f)
Safety hazards.
(2)
Traffic and road impact analysis shall be provided and comply with § 500-815, Traffic impact report, and with the following:
(a)
Traffic studies shall include truck and automobile trip generation throughout the day for peak and off-peak hours;
(b)
Traffic studies shall include analysis of anticipated truck routes between project location and the closest highway access points, including the types of roadway infrastructure to be used and impacted, such as capacity of bridges, intersections, interchanges, and highways and proposed truck routes;
(c)
Roadway configuration and geometry should be evaluated within the anticipated truck routes; and
(d)
The applicant shall submit a truck routing map identifying anticipated routes to and from the proposed facility to the Township boundary, consistent with truck routing signage and trip distribution data presented in the traffic study as required.
(3)
Noise impact assessment shall be provided.
G.
The approving authority may impose more restrictive conditions regarding the impact of noise, traffic and volume, safety, lighting, and intensity of use on adjacent land uses.
§ 500-428 Solar energy.
[Added 7-12-2021 by Ord. No. O-21-07]
A.
Purpose and intent. The purpose and intent of this section is to provide opportunities for the construction, installation, and operation of solar energy to Township residents at their residence and commercial, industrial, office, and institutional entities and the general public in a manner that protects the public health, safety, welfare providing a harmonious and efficient allocation of land uses, preserving environmentally sensitive land and open spaces, and preserving the character of the built environment through the encouragement of good design consistent with the overall goals and objectives of the Municipal Master Plan.
B.
Performance. Solar energy shall be permitted as an accessory use in all zoning districts in association with a principal use. Solar energy systems may be used, erected, maintained, altered, relocated, removed, or demolished only in compliance with the provisions of this section.
C. APPROVING AUTHORITY BUILDING-INTEGRATED SOLAR SYSTEM GROUND-MOUNTED SOLAR ENERGY SYSTEM ROOF-MOUNTED SOLAR ENERGY SYSTEM SOLAR ENERGY FACILITY SOLAR ENERGY SYSTEM SOLAR ENERGY SYSTEM - NONRESIDENTIAL SOLAR ENERGY SYSTEM - RESIDENTIAL
Definitions. As used in this section, the following terms shall have the meanings indicated:
The Director of Community Development and Planning or designee administering the review of applications for solar energy as an accessory use in all zoning districts.
A solar energy system that is part of materials that are used to replace conventional building materials of a building envelope, including but not limited to the roof, skylights, facade, etc.
A freestanding solar energy system installed on a racking system mounted on the ground as an accessory use to a principal use.
A freestanding solar energy system mounted on the roof as an accessory use to a principal use.
A solar energy system that is constructed or installed as a principal use comprising one or more ground-mounted, freestanding, or building-integrated solar collection devices, solar energy related equipment and other associated and incidental infrastructure with the primary purpose of generating electricity or otherwise converting solar energy to a different form of energy for primarily off-site use.
An energy system consisting of one or more collection devices, solar energy related "balance of system" equipment, and other associated and incidental infrastructure with the primary purpose of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements of a property only if it is to be sold back to the public utility in accordance with the NJ Net Metering Law.
A solar energy system as an accessory use to the principal nonresidential use.
A solar energy system as an accessory use to the principal use of a single-family or two-family dwelling exempt from site plan approval [Basis N.J.S.A. 40:55D-37a].
D.
E.
Development review process.
(1)
Ground-mounted solar energy system - residential.
(a)
A ground-mounted solar energy system in association with a principal single-family and/or two-family residential use shall comply with the height and setback requirements for an accessory buildings as per § 500-422H, Additional uses and structures permitted in residential districts.
(b)
Appropriate landscape screening may be required to buffer the visual impact of any ground-mounted solar panel system to adjacent property owners.
(2)
Ground-mounted solar energy system - nonresidential and multifamily use.
(a)
The Director of Community Development and Planning or designee is the approving authority and shall administer the review of applications for solar energy systems in nonresidential and multifamily locations that shall comply with the height and setback requirements for an accessory buildings as per § 500-422H, Additional uses and structures permitted in residential districts.
[1]
Site plan approval by the Planning Board shall not be required to permit a solar energy system as an accessory use to a principal use if there is an existing site plan approval on file or the approving authority determines the site location can accommodate the proposed accessory use and it does not necessitate any new site improvements effecting bulk and/or setback regulations that would require variance approval under the provisions of N.J.S.A. 40:55D-70.
[a]
Applicant(s) may appeal the decision of the approving authority to the Planning Board in accordance with § 500-801, Site plan and subdivision approval required, which includes § 500-801A(3), Site plan review waiver.
(b)
Appropriate landscape screening may be required to buffer the visual impact of any ground-mounted solar panel system to adjacent property owners.
(3)
Roof-mounted solar energy system. A roof-mounted solar energy system in association with any residential, multifamily, or nonresidential principal use is exempt from this development review process and shall comply with the rules and regulations of the New Jersey Uniform Construction Code (NJUCC) and the following requirements:
(a)
Sloped roof. The highest point of the system shall not exceed the highest point of the roof to which it is attached as allowed by the setback requirements of the respective zoning district.
(b)
Flat roof. The highest point of the system shall not exceed more than one foot than permitted in the zoning district.
(4)
Building-integrated solar system. A building-integrated solar energy system that is part of materials that are used to replace conventional building materials of a building envelope, including but not limited to the roof, skylights, facade, etc., are exempt from this development review process and shall comply with the rules and regulations of the New Jersey Uniform Construction Code (NJUCC).
F.
Fees. Solar energy systems in association with a principal single-family and/or two-family residential use shall be exempt from local municipal zoning permit fees.