Hainesport City Zoning Code
ARTICLE VIII
General District Regulations
§ 104-53 Regulations applicable to all zones.
Except as hereinafter provided, the following general regulations shall apply to all zones:
A.
General. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged; nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in Article VII; nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area, building, location, percentage of lot coverage, off-street parking space and all other regulations designated in Article VII of this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the building permit and all other permits shall become void.
B.
Frontage on public street. Every principal building shall be upon a lot with frontage on a public street which has been improved to meet Township standards or for which such improvement has been ensured by the posting of a performance guaranty pursuant to the provisions of this chapter.
C.
Temporary buildings. Temporary buildings for use incidental to construction work associated with an approved application for development may be permitted by the Construction Official at the time a building permit is issued in any district, provided that such buildings are removed when construction has ceased as determined by the Construction Official.
D.
Principal building. No residential lot shall have erected upon it more than one principal building, and no yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
E.
Yards. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirement for the zone in which it is located.
F.
Swimming pools. No swimming pool shall be located any nearer than 15 feet to any rear or side property line or in any case nearer to a street than a principal building to which it is an accessory. The 15 feet are to be measured from the nearest pool line to the property line. A permanent barrier or obstruction not less than four feet nor more than six feet in height, so constructed as entirely to enclose the swimming pool area and to bar all reasonable and normal access to the swimming pool except through a substantial gate or gates of the same height as the fence, equipped with facilities for locking said gate when the pool is unattended or unguarded, shall be provided for all swimming pools.
G.
Fences and walls.
(1)
Permit required. No fence, wall, or fence-like or wall-like barrier shall be erected within a side or rear yard without first obtaining a permit from the Construction Official, and no fence, wall, or fence-like or wall-like barrier shall be erected within or along a front yard without first obtaining a conditional use permit as elsewhere provided within this chapter, except that no permit shall be required for any fence, wall, or fence-like or wall-like barrier constructed by the Township Committee or any of its boards, authorities, commissions or agencies, and further provided that no additional application shall be required where the barrier is shown on an approved development application in a side or rear yard and otherwise conforms to the requirements of this section.
(2)
Height regulation.
(a)
No fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zone on which residential buildings are erected shall exceed six feet in height above the adjacent ground level.
(b)
No fence or wall hereafter erected, altered or reconstructed in other than residential districts shall exceed a height of eight feet above the ground.
[Amended 4-12-2011 by Ord. No. 2011-2-3]
(3)
Exception. The foregoing restrictions shall not be applied so as to prevent the erection of an open-wire fence not exceeding 15 feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall does not exceed such heights to be measured from the ground level of the highest adjacent grade.
(4)
Fencing material regulations. The following fences and fencing materials are specifically prohibited: barbed wire fences, sharp-pointed fences, canvas, cloth, electrically charged fences, poultry netting, temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot except when used in conjunction with an agricultural use. All fences shall be situated on a lot in such a manner that the finished side of the fence faces adjacent properties.
[Amended 2-9-1999 by Ord. No. 1999-2-1; 11-22-2005 by Ord. No. 2005-19-10]
(5)
Maintenance standards. Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Construction Official or Zoning Officer.
(6)
Location regulation.
[Amended 2-9-1999 by Ord. No. 1999-2-1]
(a)
All fences and walls must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way. Fences not exceeding six feet in height above the ground may be erected from the front face of the building to the side property lines and from the front of the building to the rear of the property and along the rear property line. No fence shall be permitted to alter or impede the natural flow of water in any stream, creek, drainage swale or ditch.
(b)
A fence, front yard, shall be prohibited in the Planned Residential Development District (PRD), the Residential-1 District and the Rural Residential-5 District. A fence, front yard, shall be permitted in any other districts subject to the restrictions and regulations specified in this section and the requirements of the reviewing board in the interest of public safety and aesthetics. Fences not exceeding 48 inches in height above ground level may be erected between the front property line and a line parallel to and passing through the front face of the building. Front yard fences should be of a nonsolid construction, preferably split-rail and of picket wood, or open plastic, iron, or aluminum construction. Chain-link fencing is prohibited between the front property line and a line parallel to and passing through the front face of the building. No fence shall be located closer than two feet to a street right-of-way or closer than 12 feet to a gutter line or curbline of a private road or lane. Agricultural uses are exempt from these requirements.
[Amended 7-19-2004 by Ord. No. 2004-9-6]
(7)
Maintenance enforcement. If the Construction Official or Zoning Officer upon inspection determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence 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 10 days of the date of the written notice. Each day the person fails to obey the order referred to above shall constitute a separate violation of this chapter.
H.
Artificial lights. No artificial lights shall be used by any building or premises which, because of intensity, location, color or any other factor, disturb the comfort, health or safety of those residing, working or using private or public property, including streets within the range of said lights, with standards elsewhere contained within this chapter.
J.
Accessory structures.
[Amended 8-24-1999 by Ord. No. 1999-5-7]
(1)
Distance between adjacent buildings and structures. The minimum distance between an accessory building or structure and the principal building or any other buildings on the same lot shall be 10 feet. The 10 feet are to be measured from the nearest point of the principal structure to the accessory structure. Accessory buildings or structures 100 square feet or less shall be set back from side and rear lot lines a minimum distance of two feet. Accessory buildings or structures greater than 100 square feet shall be set back from side and rear lot lines a minimum distance of five feet. Private garages shall conform to the setback requirements as established in § 104-54B.
[Amended 11-22-2005 by Ord. No. 2005-19-10]
(2)
Height. The height of accessory buildings shall be a maximum of 15 feet.
(3)
Location.
(a)
An accessory building or structure may not be erected in required front yards and shall be set back from side yard and rear lot lines a minimum distance of 10 feet, except that, if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street, and except further that no poultry or livestock shelter, excluding dog runs or other shelters for household pets, shall be erected, used or located closer than 100 feet to any property line.
(b)
Swimming pools and tennis courts shall be set back from side and rear lot lines a minimum distance of 15 feet. Swimming pools shall be set back from the principal building or any other buildings on the same lot a minimum distance of 10 feet. If erected on a corner lot, the swimming pool or tennis court shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
[Added 11-22-2005 by Ord. No. 2005-19-10]
(4)
Membrane structures and temporary structures.
[Added 8-26-2008 by Ord. No. 2008-6-7]
(a) CARPORT MEMBRANE STRUCTURE TEMPORARY STRUCTURE
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
A roofed structure, freestanding or attached to another structure, designed to provide covered parking for vehicles, boats, travel trailers and similar uses. It shall not have enclosed walls.
A structure usually consisting of an aluminum, steel, or plastic frame which is covered with a plastic, fabric, canvas, or similar nonpermanent material and is used to provide storage of material, vehicles, boats, recreational vehicles or other personal property. The term shall also apply to structures commonly known as "hoop houses," canopy-covered carports, and tent garages and can be fully or partially covered but shall not apply to canopies which are placed in public waters, and temporary tents or canopies used for special events such as graduations, weddings, commercial sales or commercial landscaping material sales.
Any structure of a temporary nature, including but not limited to tents or canopies that cover an area in excess of 400 square feet, including connecting areas or spaces with a common means of egress or entrance. A temporary structure is defined as any structure erected on a lot for 120 days or less.
(b)
Membrane/temporary structures in nonresidential districts. Permanent membrane structures are a prohibited use in all nonresidential zoning districts. A membrane structure may be permitted as a temporary accessory structure on any lot in the Industrial (I), Highway Commercial (HC), General Commercial (GC), Professional Office (PO) and Office (O) Zoning Districts as an accessory structure, provided:
[1]
Every temporary structure erected on a parcel must be used for a purpose related to such property or use.
[2]
The maximum size of a temporary membrane structure shall not exceed 400 square feet.
[3]
A temporary membrane structure is prohibited within the front yard of any lot and shall comply with all dimensional regulations as established in the applicable zoning district in which the structure is located.
[4]
The temporary structure may not be located in or on a parking lot displacing parking stalls, unless it can be shown that an adequate amount of parking remains to accommodate the use, including the use associated with the temporary structure. In all circumstances, proper on-site drive lane clearances must be established and maintained.
[5]
In conjunction with the application for a permit to erect, operate or maintain a temporary membrane structure, the applicant shall also submit a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load. Should the structure be determined to have a de minimus impact on the lot, the site plan application may be waived at the discretion of the Zoning Official and Fire Official.
[6]
All temporary structures shall conform to the structural strength, fire safety, and means of egress, accessibility, light, and ventilation, as established in all applicable building and fire codes to ensure the public health, safety and general welfare.
[7]
Only one temporary structure shall be permitted per business or use per calendar year.
[8]
All temporary structures shall be removed within 72 hours from the expiration of the permitted allotted time. Any temporary structure permit holder that fails to have the temporary structure removed with 72 hours will be subject to a fine of up to $2,000 per day for each day thereafter that the temporary structure remains erected.
(c)
Membrane structures in residential districts. Permanent membrane structures are a permitted use in all residential zoning districts, provided:
[1]
The maximum size of a membrane structure shall not exceed 400 square feet.
[2]
A membrane structure is prohibited within the front yard of any lot and shall comply with all dimensional regulations as established in the applicable zoning district in which the structure is located.
[3]
In conjunction with the application for a permit to erect, operate or maintain a membrane structure, the applicant shall also submit a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load. Should the structure be determined to have a de minimus impact on the lot, the site plan application may be waived at the discretion of the Zoning Official and Fire Official.
[4]
All structures shall conform to the structural strength, fire safety, and means of egress, accessibility, light, and ventilation, as established in all applicable building and fire codes to ensure the public health, safety and general welfare.
(d)
Carport structures in residential districts.
[1]
Permanent carport structures are a permitted use in all residential zoning districts, provided:
[a]
Carport structures are prohibited within the front yard of any lot and shall comply with all dimensional regulations as established in the applicable zoning district in which the structure is located unless hereby amended by this Subsection J.
[b]
There shall be a maximum of one carport structure per dwelling unit.
[c]
The maximum height of a carport structure cannot exceed the principal structure and in no instance shall be more than 15 feet in height.
[d]
A minimum setback of five feet shall be established from any side or rear property line.
[e]
In conjunction with the application for a permit to erect, operate or maintain a membrane structure, the applicant shall also submit a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load. Should the structure be determined to have a de minimus impact on the lot, the site plan application may be waived at the discretion of the Zoning Official and Fire Official.
[f]
All structures shall conform to the structural strength, fire safety, and means of egress, accessibility, light, and ventilation, as established in all applicable building and fire codes to ensure the public health, safety and general welfare.
[g]
A carport structure shall shelter not more than two vehicles and shall not exceed 24 feet on its longest dimension.
[2]
Grandfathering of existing nonconformance. Preexisting carports that do not conform to the requirements of this subsection shall be exempt. Any carport that is required to be rebuilt is no longer grandfathered.
K.
Minimum floor area shall conform to health code standards.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
L.
Prohibited uses. Any use not specifically permitted in a zone established by this chapter is hereby specifically prohibited from that zone, and the following uses and activities are specifically prohibited in any zone of the Township of Hainesport:
(1)
Any use of any building or premises in such a manner that the health, safety or welfare of the community may be endangered.
(2)
Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibrations, glare or waste products.
(3)
Any trade, industry or purpose that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise. The standards of the New Jersey State Department of Environmental Protection shall be the enforcement standard for this provision.
(4)
Residential structures without permanent connection to utilities.
(5)
Outdoor storage or display of more than one new or used motor vehicle or trailer coach or any other motor vehicle goods for sale or storage at point of sale or in transit, except in conjunction with authorized dealers, except that a resident of a property may display not more than one motor vehicle on site during any one six-month period.
(6)
Junkyard; automobile wrecking or disassembly yards; the sorting or bailing of scrap metal, paper, rags or other scrap or waste material.
(7)
Yard sales and auctions except as provided in Chapter 144, Sales, of the Code of the Township of Hainesport.[1]
[1]
Editor's Note: Former Subsection L(8), regarding cannabis establishments, cannabis distributors and cannabis delivery services, added 8-10-2021 by Ord. No. 2021-8, was repealed 12-12-2023 by Ord. No. 2023-10.
M.
General modifications. The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated:
(1)
Height. The height limitations of this chapter shall not apply to church spires, belfries or cupolas nor to chimneys, ventilators, skylights, television and radio antennas, water tanks, barns, farm buildings and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice or ornament (and without windows extending above such height limit no more than five feet). Public and quasi-public buildings, industrial and manufacturing plants, schools, churches and other similar permitted uses may exceed the height limitations of this chapter, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located.
(2)
Projection. Chimneys, cornices or eaves may project into any front, side or rear yard not more than 24 inches. An open or lattice-enclosed fire escape or fireproof outside stairway may project into any yard not more than 25% of the distance from the building wall to the lot line. Under no circumstances shall any projection be closer to any lot line than eight feet in any residential zone.
N.
Municipal buildings, parks, playgrounds and other governmental uses. These uses may be permitted in any zone where deemed necessary by the Township Committee and approved by the Planning Board.
O.
Performance standards. The following performance standards shall be observed by all uses in all zones within the Township of Hainesport unless a higher level of government imposes a more restrictive standard, in which event said more restrictive standard shall apply:
(1)
Industrial wastes and sewage. All methods of sewage and industrial waste treatment and disposal shall conform to state solid waste regulations. See N.J.A.C. 7:9A-1.1 through 7:9A-12.8.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
(2)
Storage. Storage of flammable or explosive liquids, solids or gases shall conform to the Fire Safety Code and the Fire Subcode and the accessory use standards of this chapter.[2]
[Amended 4-12-1994 by Ord. No. 1994-4-3]
[2]
Editor's Note: Original Sec. 15.075.15C, Smoke Control, and Sec. 15.075.15D, Control of Dust and Dirt, Fumes, Vapors and Gases, which immediately followed this subsection, were repealed 4-12-1994 by Ord. No. 1994-4-3.
(3)
Control of smoke, dust and dirt, fumes, vapors and gases and odors shall be in accordance with county and state requirements.
[Added 4-12-1994 by Ord. No. 1994-4-3]
(4)
Noise control. The sound-pressure level of any use (not including ambient noises not under control of the operator of the use) shall not exceed 65 dBA between 7:00 a.m. and 10:00 p.m. nor 50 dBA between 10:00 p.m. and 7:00 a.m. at any point on the boundary of an industrial district or on the property line of lots outside an industrial district such that the decibel levels [Decibels: 10 log P1/P2 where P2 is the referenced quality of (0.002) dyne/cm2; sound-pressure level shall be measured according to the specifications published by the American Standards Association] in the designated octave band shown below (except for emergency alarm signals, and subject to the following corrections: subtract five decibels for pulsating or periodic noises, add five decibels for noise sources operating less than 20% of any one-hour period) shall be the maximum allowable sound-pressure levels unless more restrictive requirements are established by county, state or federal agencies.
Along Residence District Boundaries | Along Business District Boundaries (dBA) | ||
|---|---|---|---|
Octave Band (cycles per second) | 7:00 a.m. to 10:00 p.m. (dBA) | 10:00 p.m. to 7:00 a.m. (dBA) | |
0 to 124 | 65 | 50 | 65 |
125 to 249 | 58 | 44 | 62 |
250 to 499 | 53 | 39 | 59 |
500 to 999 | 46 | 35 | 53 |
1,000 to 2,400 | 40 | 30 | 47 |
2,400 to 4,800 | 34 | 26 | 41 |
Above 4,800 | 32 | 24 | 39 |
(5)
[3]Light and heat. No direct or reflected light or heat from any source within an industrial district and no light or heat from any source and reflected light from an industrial district shall be detectable beyond the boundaries of the industrial district if the light or heat is or may become an annoyance or interference with the comfort or general well-being of the inhabitants of other districts adjacent to the industrial district; this requirement shall be considered to have been met if adequate buffer strips exist or have been planted. All sources of lights in industrial districts will be provided with opaque shades above them so that light from these sources will not shine directly or diagonally upward but so that the light will be dispersed horizontally and downward for the purpose of minimizing reflected light from clouds and dust particles in the air during the night; this opaque shade requirement will also apply to industrial operations such as furnaces, cutting torches, etc., which produce light incidentally in the function of their primary purpose which may be other than that of providing light.
[3]
Editor's Note: Original Sec. 15.075.15F, Control of Odors, which immediately preceded this subsection, was repealed 4-12-1994 by Ord. No. 1994-4-3.
(6)
Vibration control. Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible outside of the limits of the lot.
(7)
Radiation or electrical emission, radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity beyond enclosed areas. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment, other than that of the creator of such disturbance.
(8)
Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements; shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant; or, if visible from abutting residential properties, shall be concealed by evergreen planting or screening with architectural materials common to the building(s).
P.
Prohibited uses specified. As stipulated in Article VII of this chapter, all uses not expressly permitted are prohibited. While not intended to be an all-inclusive list, in order to avoid any questions as to the intent of this chapter, the following uses are expressly prohibited in all zoning districts and upon all lands throughout Hainesport Township:
[Added 8-24-1999 by Ord. No. 1999-5-7]
(1)
Arcades.
(2)
Junkyards.
(3)
Used car lots. Nothing herein shall be interpreted to prohibit the sale or exchange of a used or secondhand motor vehicle in a residential zone by any individual living in that residential zone and to whom the used or secondhand motor vehicle is titled, provided that only one vehicle may be sold from the property at any one time.
(4)
Towing stations. This subsection shall not be interpreted or construed to prohibit the operation of a towing station, as an accessory use to a service station, where the primary business of said service station is the dispensing or sale of vehicular fuels.
(5)
Amusement parks, kiddie lands and rides. This subsection shall not be deemed to prohibit temporary fund-raising events sponsored by a nonprofit organization, as such temporary fund-raising events may be specifically approved by the Township Committee.
(6)
Trailers. Trailers and other stationary structures of a similar nature for storage, warehouse space, sales area or other use for commercial purposes are prohibited, except where expressly permitted elsewhere in this chapter.
Q.
Temporary outdoor restaurant seating. Restaurant owners and managers may allow for outdoor restaurant seating upon the granting of a temporary outdoor restaurant seating permit. Permit applicants shall submit applications for temporary outdoor restaurant seating permits to the Township Zoning Officer. The Township Zoning Officer shall distribute the application to the New Jersey State Police, Fire Official and the Municipal Health Officer for their review, and shall approve, approve with conditions, or disapprove the application within 15 calendar days of its submission. All applications shall comply with all provisions of this chapter and shall meet the following requirements:
[Added 7-14-2020 by Ord. No. 2020-5]
(1)
Permit applications shall include a floor plan or other drawing demonstrating the proposed layout or expansion of outdoor seating areas, the relocation of any tables and seats, and any proposed changes to parking areas. The proposed temporary layout may not result in an expansion in the number of available tables or seats.
(2)
If the applicant holds an alcohol retail consumption license, the application must include a valid COVID-19 expansion permit. This application for a COVID-19 expansion permit, which is necessary in order to allow the existing licensed premises to be expanded to include the proposed outdoor seating area, shall be processed in accordance with state and municipal requirements governing such applications. The Township may waive this requirement if permitted by state executive orders, legislation, or regulation.
R.
Electric vehicle supply and service equipment.
[Added 12-14-2021 by Ord. No. 2021-14]
(1)
Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of electric vehicle supply/service equipment (EVSE) and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(a)
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
(b)
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence or place of employment.
(c)
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(d)
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
(2) CERTIFICATE OF OCCUPANCY CHARGING LEVEL(a) (b) (c) ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen-amp to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty-amp to 100-amp breaker on a 208- or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating-current or, consistent with fast-charging equipment standards, direct-current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level 2 EVSE and direct-current fast chargers. "Make-Ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
(3)
Approvals and permits.
(a)
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(c)
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(d)
The Zoning Officer shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of the Township of Hainesport's land use regulations.
(e)
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
[1]
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
[2]
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
[3]
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(f)
An application pursuant to Subsection R(3)(e) above shall be deemed complete if:
[1]
The application, including the permit fee and all necessary documentation, is determined to be complete;
[2]
A notice of incompleteness is not provided within 20 days after the filing of the application; or
[3]
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(g)
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(h)
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
(4)
Requirements for new installation of EVSE and Make-Ready parking spaces.
(a)
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
[1]
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of Make-Ready parking spaces;
[2]
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of Make-Ready parking spaces; and
[3]
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of Make-Ready parking spaces.
[4]
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
[5]
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(b)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection R(4)(a) above shall:
[1]
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
[2]
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
[3]
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
[4]
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
[5]
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
[6]
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
[7]
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
[8]
Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
(5)
Minimum parking requirements.
(a)
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces required throughout this subsection.
(b)
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(c)
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
(6)
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(a)
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines, and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(b)
Installation:
[1]
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
[2]
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
[3]
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make-Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
[4]
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(c)
EVSE parking:
[1]
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
[2]
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
[3]
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the New Jersey State Police and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in Chapter 180 of this Code. Signage indicating the penalties for violations shall comply with Subsection R(6)(e) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
[4]
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(d)
Safety.
[1]
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection R(6)(e) below.
[2]
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with this Code.
[3]
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be three-feet to four-feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
[4]
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection R(6)(d)[5] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
[5]
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
[6]
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
[7]
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Hainesport shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(e)
Signs.
[1]
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
[2]
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
[3]
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection R(6)(e)[2] above.
[4]
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[a]
Hours of operation and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[b]
Usage fees and parking fees, if applicable; and
[c]
Contact information (telephone number and email address) for reporting when the equipment is not operating or other problems.
(f)
Usage fees.
[1]
For publicly accessible municipal EVSE. In addition to any parking fees, the fee to use parking spaces within the municipality identified as publicly owned EVSE spaces shall be $0.05 for each minute that the electric vehicle is connected to the EVSE for a Level 2 charging station and $0.25 per minute for a Level 3 charging station.
[2]
This fee may be amended by a resolution adopted by the governing body.
[3]
Private EVSE. Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
(7)
Severability, repealers, and effective date.
(a)
Severability. If any clause, section, paragraph, or provision of this subsection is deemed to be invalid or unenforceable for any reason, then the Township Committee hereby declares its intent that the balance of the section not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township of Hainesport to meet the goals of the section.
(b)
Repealer. All ordinances or parts of ordinances inconsistent with or in conflict with this subsection are hereby repealed to the extent of such inconsistency.
(c)
This subsection shall take effect after passage and publication according to law.
§ 104-54 Residential districts.
A.
Intent and purposes. The residential zone districts are intended to be developed with no use other than those permitted within Article VII of this chapter. They are intended to provide cohesive neighborhoods offering viable living environments to present residents of the Township and future residents of the Township. They are intended to provide opportunity for the creation of a variety of housing types at a range of cost to the consumer within Hainesport Township. They are also intended to conserve and enhance the existing residential neighborhoods of the Township. Residential zones are created with a variety of lot sizes and densities in order to achieve these intents and purposes. No accessory building shall be used for residential purposes.
[Amended 8-24-1999 by Ord. No. 1999-5-7]
B.
Private garages. A private garage shall be permitted only as an accessory use to residential dwellings. All garages shall be limited in capacity to no more than three motor vehicles. All garages shall be set back from side and rear lot lines a minimum distance of 10 feet.
[Amended 8-24-1999 by Ord. No. 1999-5-7; 11-22-2005 by Ord. No. 2005-19-10]
C.
Temporary storage buildings. Temporary storage buildings (structures not connected to utilities, not located on permanent foundation and not otherwise requiring a building permit) shall be permitted as an accessory use to a one-family detached dwelling, provided that not more than two detached buildings of not more than 100 square feet each are situate on any one residential lot or lots devoted to residential purposes.
D.
Trailers and commercial vehicles. No trailers designed or used for hauling or transportation and no trailers designed or used for dwelling purposes shall be parked or stored in a residential zone; nor shall any of the same be parked or stored in the vicinity of or on any lot in a nonresidential zone for more than a twenty-four-hour loading or unloading period, except as an authorized temporary construction building. No truck, bus, trailer or tractor shall be parked out of doors in a residential zone; provided, however, that said restrictions shall not apply to one commercial motor vehicle having a manufacturer's recommended gross vehicle weight of 8,600 pounds or less, owned or used by a resident of the premises, which vehicle may be parked or garaged overnight on any premises within a residential zone. Excluded from these prohibitions are emergency or service vehicles while actually engaged in emergency or service calls.
[Amended 2-10-1987 by Ord. No. 1987-1-1]
E.
Boats, boat trailers and recreational vehicles. One boat trailer and one boat and one recreational vehicle not occupied on the premises may be parked or stored outdoors in the rear yard of a lot only in a residential zone, provided that the minimum yard requirements for an accessory building in that residential zone are observed.
F.
Agriculture and animal husbandry. Any and all types of agriculture and animal husbandry are permitted in the RR-5 Rural Residential-5 District as an allowable use and in other residential districts as a conditional use, provided that they are not detrimental to the environment or public health and welfare, except as permitted by N.J.S.A. 2A:42-103 et seq. in regard to domestic animals kept by senior citizens in certain housing projects. The conduct of such activities shall not be such as to cause erosion or other soil damage or to impair the quality of groundwater or surface water or air quality. Neither shall such activities result in odors beyond the property lines of the parcel on which they are conducted. The raising and/or keeping of livestock or fowl shall be subject to the following restrictions in all districts:
[Amended 4-12-1994 by Ord. No. 1994-4-3; 7-19-2004 by Ord. No. 2004-9-6]
(1)
Livestock. No livestock shall be maintained on any lot of less than three acres in area, provided that, regardless of a lot size, the following regulations shall be adhered to:
(2)
Fowl. No chickens or other fowl shall be maintained on any lot having an area of less than one acre, provided that, regardless of lot size, the following regulations shall be met:
G.
Farm stands. Farm stands for the sale of agricultural products raised on the premises may be established, provided that:
(1)
The setback of the stand from the curbline or edge of pavement shall be at least 30 feet.
(2)
Off-street parking (hard surface not required) shall be provided for at least three vehicles.
(3)
Two temporary signs of not more than 24 square feet each shall be permitted only when the stand is in operation and shall be placed in a position which creates no traffic hazard or impediment.
H.
Conditional uses. Conditional uses which may be permitted in various residential districts are those specifically listed in Article VII. Such conditional uses may be permitted in accordance with standards and regulations set by this chapter, including but not limited to the principles, special conditions and special regulations set forth in Article X of this chapter.
I.
Community residences for the developmentally disabled, community shelters for victims of domestic violence and group homes.
[Added 4-27-1982 by Ord. No. 1982-7]
(1)
"Community residence for the developmentally disabled," "community shelter for victims of domestic violence" and "group home" shall be defined strictly in accordance with the definitions set forth in N.J.S.A. 40:55D-66.2a and b and 40:55D-66c, respectively.
(2)
Community residences for the developmentally disabled and shelters for victims of domestic violence, pursuant to N.J.S.A. 40:55D-66.1 and 40:55D-66.2, for up to six persons, excluding staff, shall be permitted in any residential zone in the Township, subject to bulk requirements in the zone where located. Community residences and shelters for the placement of more than six but fewer than 16 persons, exclusive of residential staff, may be permitted in all residential zones as a conditional use.
(3)
Any application for a permit for any of the uses set forth in Subsection I(2) above or any use which an applicant contends is either a permitted or a conditional use pursuant to N.J.S.A. 40:55D-66, 40:55D-66.1 or 40:55D-66.2 shall be made to the Zoning Officer or Construction Official of the Township of Hainesport on an appropriate application form that said official uses for the type of permit or relief requested (i.e., building permit, certificate of occupancy, conditional use permit, etc.). Said Zoning Officer or Construction Official shall have the same period of time to review the application as is provided by law for the review of the type of application that is made or the plans as submitted.
(4)
Any applicant, as defined by N.J.S.A. 40:55D-66 or 40:55D-66.1, shall prove that the number of persons expected to reside in said residence or shelter shall not increase the number of residents residing in such community residences or community shelters or other similar facilities under the supervision and regulation of the Department of Human Services, or division thereof, within the Township of Hainesport in excess of 50 persons or 0.5% of the population of the Township of Hainesport, whichever is greater.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
No such residence or shelter shall be permitted if located within 1,500 feet of an existing such residence or shelter.
(6)
The applicant shall prove certification and compliance with standards and procedures established by regulations of the Department of Human Services or applicable subdivision thereof.
(7)
No permit shall be issued for a location for such residence or shelter where the establishment of said use would adversely impact the health, safety and welfare of the residents of the particular district.
(8)
The applicant shall bear the burden of proving that a proposed location is not in close proximity to other existing uses, such as described in N.J.S.A. 40:55D-66 or 40:55D-66.1 or other uses under the review and certification of the Department of Human Services, so as to create an undue concentration of said uses within any one residential district or geographical area within such district within the Township of Hainesport.
(9)
Where any application for such residence or shelter shall be considered a conditional use in any residential district of the Township of Hainesport, the applicant shall file a conditional use application and comply with all pertinent ordinances and statutes relating to hearing, notice and publication with respect thereto. The reviewing board hearing the application shall consider, as criteria for the conditional use, in addition to those criteria set forth for conditional uses contained in Article X of this chapter, the following:
(a)
No community residence shall be located on a lot of less than 40,000 square feet.
(b)
No building so used shall be closer than 50 feet to any lot line or street line.
(c)
Off-street parking shall be provided such that at least one space for each two residents, plus one space for each staff member and employee, based on maximum number on duty at any one time, shall be available. Off-street parking areas shall be located at least 10 feet from any lot line and street line. They shall be suitably shielded from adjacent properties by means of appropriate landscaping or fencing.
(d)
Community residences or shelters shall continue to resemble single-family homes and retain the aesthetic characteristics of the neighborhood.
(e)
Buffering and screening shall be required between the community residence and shelter and any adjoining residential property. In determining the height and density of any such buffering or screening, the reviewing board shall give due consideration to the proximity of the community residence or shelter to adjacent dwellings.
(f)
Signs denoting the nature of the facility shall not be allowed.
(g)
A community residence or shelter shall have immediate access to public transportation services or, in the alternative, provide occupants with a van or equivalent transportation service. The applicant shall be required to provide proof as to the expected frequency of visits, care and observation of medical personnel, nonresident staff, or persons associated with the Department of Human Services or other agencies of the State of New Jersey, whose attendance at the site may be reasonably related to the keeping and care of the residents and guests and invitees, which may be reasonably anticipated.
(10)
Portions of this chapter establishing residential districts with principal, accessory and conditional uses set forth herein are hereby amended to require compliance with the provisions of the amended general regulations of this chapter as are set forth above for the establishment of group homes, community residences for developmentally disabled and community shelters for victims of domestic violence.
(11)
Community residences for the developmentally disabled, community shelters for victims of domestic violence and group homes are prohibited in all other zoning districts in the Township of Hainesport, subject to the exception, however, that if any use proposed pursuant to N.J.S.A. 40:55D-66 is proposed for either a permitted or nonconforming residential structure in such district, such application or proposal shall be subject to the same requirements and review as is set forth herein.
J.
Home offices, occupations and businesses.
[Added 8-24-1999 by Ord. No. 1999-5-7]
(1)
Home office. A "home office" is the use of a portion of a single-family detached residence as an office area for use only by members of the household residing on the premises; it is subject to the following conditions:
(a)
The office area shall not occupy more than 500 square feet of the living area of the house.
(b)
The office shall not contain any kitchen or bath facilities, which are separate from the remainder of the house.
(c)
No evidence of the office area shall be visible from the outside of the dwelling.
(d)
No employees or other persons are permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding a residence.
(2)
Home occupation. A "home occupation" is an activity for economic gain, carried out in a residential dwelling or accessory structure thereto, in which an occupant of the residence and not more than one additional individual is employed, which activity is clearly secondary to the use of the residence as a dwelling, and which meets the requirements here below:
(a)
The following are the only permitted home occupations:
[1]
Professional office of a physician, dentist, chiropractor, chiropodist, optometrist, attorney, minister, accountant, psychologist, architect or engineer, certified financial planner, insurance agents or similar uses.
[2]
Artist.
[3]
Seamstress.
[4]
Salesperson, provided that products are not stored within the residential area.
[5]
Tutor in academic studies.
[6]
Manufacturing representative, provided that no products are stored on site.
(b)
If permitted, home occupations shall meet all of the following standards and conditions:
[1]
The owner or user shall submit to the administrative officer, prior to any use being made of the premises, a signed, written statement setting forth:
[a]
The name and address of the user.
[b]
The proposed use or occupation.
[c]
An acknowledgment of receipt of a copy of this section, an agreement by the user to comply with all provisions of this chapter and a consent to periodic inspection by the Township to ensure compliance with the provisions hereof.
[2]
There shall be no display of advertising other than a professional nameplate not exceeding one square foot in size.
[3]
No more than one person, who must be a resident of the home in which the business is being conducted, shall conduct any business on the site. In the case of a professional office permitted by Subsection J(1) above, the professional may have one additional employee, such as a secretary, nurse or telephone receptionist/operator.
[4]
The permitted home occupation shall be conducted entirely within two rooms or 25% of the total gross habitable floor area of the home, whichever is less.
[5]
No mechanical equipment shall be sold on the premises in connection with a home occupation.
[6]
No more than two clients, customers, patients or visitors to the business shall be seen at any one time. There shall be adequate off-street parking for any such clients, customers, etc., and any employee permitted pursuant to Subsection J(2)(b)[3] above.
(c)
Home occupations shall not have any noise emanating from the proposed use.
(d)
Inspection; violations and penalties. The administrative officer may inspect the premises, and the owner, if in violation of the above rules, shall be ordered to stop work immediately. Failure to do so will result in a fine of $25 per day.
(e)
Appeal procedure. The owner may appeal to the Development Review Board with an application, sketch site plan and description of the use. While the matter is pending before the Board, the fine shall be stayed.
(3)
Home business. A "home business" is defined as an activity occurring from the residence for economic gain where more than two people are employed.
(a)
The following are the only permitted home businesses permitted in residential districts:
(b)
The following conditions shall be met for any home business:
[1]
The owner or user shall apply to the Development Review Board for a site plan showing the parking and general activity of the proposed home business or the property. No vehicles associated with the business shall be seen from the street when parked.
[2]
A statement of the proposed use.
[3]
A limit of any sign to two square feet. (Internally illuminated signs are prohibited.)
[4]
No more than one person who must be a resident of the home in which the business is conducted shall have more than one employee on site and one employee who is absent from the property during the day except for periodic visits.
[5]
Off-street parking must be provided to minimize the impact on the residential appearance of the property.
[6]
No noise shall emanate from the proposed use to disturb the adjacent residences.
[7]
Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m., Monday to Saturday.
[8]
The minimum lot size for a home business shall be 20,000 square feet.
[9]
No outside storage of any kind.
[10]
There shall be no negative impacts to the residential neighborhood as a result of the use.
[11]
Notice all neighbors within 200 feet of the property.
(c)
Violations and penalties; inspections. Any person engaged in a home business without Development Review Board approval shall be subject to a penalty of $50 per day. The Zoning Officer may inspect the premises. Failure to stop work immediately will initiate the penalty.
§ 104-55 Commercial districts.
A.
Intent and purposes. Commercial zone districts are intended to be developed for retail and commercial and related activities. Five commercial districts are created in order to create a hierarchy of commercial area types. Where residential uses are permitted, the restrictions and regulations as set forth in § 104-54 for accessory uses shall apply except as elsewhere herein noted.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
C.
Vehicle standing areas. All vehicle standing areas created in conjunction with any use shall be covered with an all-weather, hard surface as set forth in Article XII.
D.
Commercial parking lots or garages. In zones where permitted, commercial parking lots and/or garages shall be surfaced with an all-weather, hard surface, shall be clearly marked for individual vehicle parking spaces and shall have all entrances and exits clearly signed.[2]
[2]
Editor's Note: Original Sec. 15.077.5, Hotels and Motels, which immediately followed this subsection, was repealed 4-12-1994 by Ord. No. 1994-4-3.
E.
Outdoor displays.
(1)
Permitted business uses may display automobiles, garden and lawn supplies and equipment, trees and shrubs and Christmas trees intended for sale on the premises outside of and adjacent to the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall be on a predesignated, all-weather, hard surface and shall not encroach upon any of the required yard areas or, in the case of vehicles, the required setback for parking areas, provided, further, that the area set aside for such outdoor selling or storage shall not exceed an area twice the gross floor area of the principal building. In the calculation of the percentage of the lot occupied by the buildings and required off-street parking area, the area of such outdoor selling or storage areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a building permit or site plan approval. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary approval. Nothing in this subsection shall be construed to permit the outdoor storage of goods intended for sale other than at the point of storage.
(2)
Where permitted, outdoor displays shall not occur as a temporary use for more than three times during the calendar year and shall be removed within 30 days of the date of approval from the Zoning Officer.
[Added 4-12-2011 by Ord. No. 2011-2-3]
F.
Conditional uses. Conditional uses which may be permitted in various commercial districts are those specifically listed in Article VII. Such conditional uses may be permitted in accordance with standards and regulations set by this chapter, including but not limited to the principles, special conditions and special regulations set forth in Article X of this chapter.
§ 104-56 Industrial districts.
A.
Intent and purposes. Industrial zone districts are intended to be developed for a variety of industrial and manufacturing activities.
B.
Vehicle standing areas. All vehicle standing areas created in conjunction with any use shall be covered with an all-weather, hard surface.
C.
Permanent storage buildings. Permanent storage buildings for flammable materials, liquids, chemicals and other similar items shall conform to the Fire Safety Code and the Fire Subcode.
[Amended 4-12-1994 by Ord. No. 1994-4-3]
D.
Watchman's quarters. Watchman's sleeping quarters may be provided as an accessory use to any principal industrial use, provided that such quarters shall be within a principal building and shall not be a single structure for that purpose or a building housing only additional accessory uses.
E.
Conditional uses. Conditional uses which may be permitted in an industrial district are those specifically listed in Article VII. Such conditional uses may be permitted in accordance with standards and regulations set by this chapter, including but not limited to the principles, special conditions and special regulations set forth in Article X of this chapter.[1]
[1]
Editor's Note: Original Sec. 15.079, OC Office Commercial District, and Sec. 15.0710, R-4 and R-5 Districts, which immediately followed this subsection, were repealed 4-12-1994 by Ord. No. 1994-4-3.