Lumberton City Zoning Code
ARTICLE VI
Zoning
§ 130-65 Districts.
The Township is divided into zoning districts as set forth in this article and as shown on the Zoning Map.
§ 130-66 Zoning Map.
§ 130-67 Interpretation of district boundaries.
A.
Zoning district boundaries are intended to follow street center lines, railroad rights-of-way, streams, lot lines and/or continuations of lot lines, unless otherwise indicated by dimensions on the Zoning Map. Dimensions shall be in feet, measured horizontally from the street rights-of-way, even if the street center line serves as a zoning district boundary. Zoning district boundaries extend vertically in both directions from ground level.
B.
Where a zoning district boundary divides a lot, the use of one district may be extended into the other no more than 50 feet, provided that the property line lies within 50 feet. The permitted uses of the extended district shall thereafter be permitted in the extended area.
C.
Where a street or public way serves as the zoning district boundary and it is lawfully vacated, the former center line shall be the zoning district boundary.
§ 130-68 Prohibited uses.
§ 130-69 Existing uses.
[Amended 8-19-2002 by Ord. No. 2002-8]
Any use, building or structure legally existing at the time of the enactment of this chapter may be continued in accordance with § 130-42, even though such use, building or structure may not conform with the provisions of this chapter. Any lot or dwelling unit lawfully existing as a result of a preliminary or final subdivision approval or certificate of occupancy approved as of August 1, 2002, shall continue to be governed by the zoning regulations in effect at the time of said approval, as set forth in Subsections C, E, F, G and H of § 130-71.
§ 130-70 Exceptions to restrictions.
For provisions regarding exceptions, see also § 130-13.
A.
Height. Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air-conditioning equipment and similar mechanical equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, spires, cupolas, steeples, flagpoles, chimneys, smokestacks or similar structures may be erected above the height limits prescribed in this chapter but in no case more than 25% above the maximum height permitted in the district as long as they cover no more than 20% of the roof area. However, spires, steeples, barns, silos, water towers and radio and television towers shall have no height restrictions as long as they are no wider than 20 feet, except that they shall comply with any requirements of the Federal Aviation Agency and be set back from any property line a distance equal to the height of the structure. Freestanding flag poles shall not exceed a height of 35 feet.
[Amended 8-3-1992 by Ord. No. 1992-6]
C.
Front yard setback. Uses in all zoning districts may be located closer to the street line than required in the Schedule of Limitations, but only where the pattern of existing buildings within 200 feet of either side of the lot on the same side of the street is established at a closer distance. Such new buildings may then be built no closer to the street line than the average setback of these existing buildings.
§ 130-71 Schedule of limitations.
[Amended 4-17-1989 by Ord. No. 1989-6; 4-18-1988 by Ord. No. 1988-7; 8-7-1989 by Ord. No. 1989-8; 8-3-1992 by Ord. No. 1992-6; 3-21-1994 by Ord. No. 1994-2; 4-18-1994 by Ord. No. 1994-3; 4-3-1995 by Ord. No. 1995-4; 7-17-1995 by Ord. No. 1995-10; 9-5-1995 by Ord. No. 1995-17]
A.
RA Rural Agricultural District.
(1)
Purpose. The purpose of this district is to recognize the predominant pattern of agricultural and scattered single-family residential uses.
(3)
Permitted accessory uses shall be:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit meets local codes and complies in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing.
(c)
Roadside farm stands primarily for the sale of farm products grown or raised locally by the owner or operator of the farm, with a limit of one stand per farm, and provided that such stand shall be set back a minimum of 20 feet from the street line.
(d)
Private garages and carports.
(e)
Off-street parking facilities.
(f)
Private residential swimming pools.
(5)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals, philanthropic and charitable uses.
(6)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations accompanying this chapter and are incorporated within this chapter by reference.[1]
[1]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
I.
R-1.0 Residential Low-Density District.
(1)
Purpose. The purpose of this district is to provide an opportunity for cluster development of detached dwellings at a low density to maintain the rural character of the area while providing for development opportunities and the preservation of critical environmental features.
(3)
Permitted accessory uses shall be as follows:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit meets local codes and complies in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing.
(c)
Roadside farm stands primarily for the sale of farm products grown or raised locally by the owner or operator of the farm, with a limit of one stand per farm, and provided that such stand shall be set back a minimum of 20 feet from the street line.
(d)
Private garages and carports.
(e)
Off-street parking facilities.
(f)
Private residential swimming pools.
(6)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(7)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[9] accompanying this chapter and are incorporated within this chapter by reference.
[9]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
J.
R-2.0 Residential Medium-Density District.
(1)
Purpose. The purpose of this district is to allow for residential development while offering sufficient flexibility in the standards to provide on-site recreation space and the preservation of critical environmental features.
(3)
Permitted accessory uses shall be as follows:
(a)
Customary farm buildings.
(b)
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit meets local codes and complies in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing.
(c)
Roadside farm stands primarily for the sale of farm products grown or raised locally by the owner or operator of the farm, with a limit of one stand per farm, and provided that such stand shall be set back a minimum of 20 feet from the street line.
(d)
Private garages and carports.
(e)
Off-street parking facilities.
(f)
Private residential swimming pools.
(5)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(e)
Professional offices and medical buildings.
(6)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[10] accompanying this chapter and are incorporated within this chapter by reference.
[10]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
K.
R-6 Residential Townhouses District.
(1)
Purpose. The purpose of this district is to continue the development of higher density residential uses in an area which has been primarily developed in townhouse use in close proximity to both garden apartments and commercial development.
(3)
Permitted accessory uses shall be:
(4)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(e)
Professional offices and medical buildings.
(5)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[11] accompanying this chapter and are incorporated within this chapter by reference.
[11]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
L.
R-12 Residential Apartments District.
(1)
Purpose. The purpose of this district is to continue the development of higher density residential uses in an area which has been primarily developed in townhouse use in close proximity to both garden apartments and commercial development.
(3)
Permitted accessory uses shall be:
(4)
Conditional uses. None.
(5)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[12] accompanying this chapter and are incorporated within this chapter by reference.
[12]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
M.
R-75 Residential District.
(1)
Purpose. The purpose of this district is to continue to allow small-lot, single-family detached development in areas where this pattern has been firmly established.
(2)
Permitted principal uses shall be detached dwellings.
(4)
Conditional uses shall meet the standards set forth in § 130-4 and shall be as follows:
(a)
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies.
(b)
Quasi-public buildings and recreation areas.
(c)
A home occupation, provided that it meets the standards set forth in § 130-36, Home occupations.
(d)
Hospitals and philanthropic and charitable uses.
[Amended 8-21-2006 by Ord. No. 2006-12]
(e)
Professional offices and medical buildings.
(5)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[13] accompanying this chapter and are incorporated within this chapter by reference.
[13]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
N.
B-1 Neighborhood Business District.
(1)
Purpose. The purpose of this district is to establish zones which will provide convenience shopping for the general neighborhoods in which they are located. The lot areas and permitted uses are intended to be small in size and operating scale to serve the needs of the immediate neighborhood conveniently without attracting regional traffic.
(2)
Principal permitted uses shall be:
[Amended 6-16-1997 by Ord. No. 1997-13]
(4)
Conditional uses shall meet the standards set forth in § 130-4 and shall be public utility uses exclusive of maintenance buildings and yards.
(5)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[15] accompanying this chapter and are incorporated within this chapter by reference.
[15]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(6)
Access to properties.
(a)
In the B-1 District adjacent to the Lumberton - Mt. Holly Road, access to properties zoned for business on the northwesterly side of Lumberton - Mt. Holly Road shall be permitted only from the following roads: Lumberton - Mt. Holly Road, Wilson Avenue, Harding Avenue and Pershing Avenue. No access to business uses in the area shall be permitted from Roosevelt Avenue.
(b)
In the B-1 District along Maple Grove Boulevard, full access to properties shall be permitted from Maple Grove Boulevard and only ingress shall be permitted from Route 38. There shall be no egress onto Route 38.
O.
B-2 Highway Business District.
(1)
Purpose. The purpose of this district is to establish a zone in those areas along or near Route 38 which have evolved over the years into a strip commercial pattern dominated by uses which rely on and serve highway traffic.
(2)
Permitted principal uses shall be:
(a)
Mortuary.
(b)
Movie theater.
(c)
Car wash.
(d)
Auto/truck sales.
(e)
Auto parts.
(f)
Restaurant.
(g)
Nightclub.
(h)
Bowling.
(i)
Lumberyard.
(j)
Motel.
(k)
Shopping center.
(l)
The retail sale of consumable products, wearing apparel, pharmaceuticals and general merchandise.
(n)
Research, testing and experimentation.
(o)
Manufacturing, fabrication and assembly.
(p)
[16]Businesses involving the sale, distribution, lease, repair and servicing of farm-related industrial and commercial equipment and machinery.
[Added 6-16-1997 by Ord. No. 1997-13]
[16]
Editor's Note: Former Subsection O(2)(p), regarding permitted uses in the R-12 Residential Apartments District, was repealed 1-21-1997 by Ord. No. 1997-1.
(3)
Permitted accessory uses shall be:
(5)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[17] accompanying this chapter and are incorporated within this chapter by reference.
[17]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
P.
I-1 General Industry District.
(1)
Purpose. The purpose of this district is to provide for the continuation of light industrial and heavy commercial activity and to allow small industries and businesses not involved in retail sales a place to locate. It is further specifically intended that airport-related uses shall not be permitted in this zone as they are already provided for under § 130-71R in the I-3 Airport Industrial District.
[Amended 7-17-2000 by Ord. No. 2000-16]
(2)
Permitted principal uses shall be:
(a)
Office buildings.
(b)
Hospitals.
(c)
Utilities.
(d)
Research, testing and experimentation.
(e)
Warehouse, shipping and receiving.
(f)
Manufacturing, fabrication and assembly.
(g)
Body shops.
(h)
Auto and truck repair.
(i)
Businesses involving the sale, distribution, lease, repair and servicing of farm-related industrial and commercial equipment and machinery.
[Added 6-16-1997 by Ord. No. 1997-13]
(j)
Child-care centers.
[Added 8-21-2006 by Ord. No. 2006-12[18]]
[18]
This ordinance provided that: "Subject to the provisions of N.J.S.A. 40:55D-66.6, and the applicable standards of the zoning districts affected, child-care centers for which, upon completion, a license is required from the Department of Human Services (N.J.S.A. 30:5B-1 et seq.) shall be a permitted use in all nonresidential districts of the municipality."
(k)
Businesses operating as a cannabis cultivator, cannabis delivery service, cannabis distributor, cannabis manufacturer, cannabis testing facility or cannabis wholesaler licensed under N.J.S.A. 24:6I-31 et seq.
[Added 6-17-2021 by Ord. No. 2021-09]
(4)
Conditional uses.
(a)
Conditional uses shall meet the standards set forth in § 130-4 and shall be public utility uses exclusive of maintenance buildings and yards.
(b)
Sexually oriented businesses.
[Added 4-5-1999 by Ord. No. 1999-5]
[1] SEXUALLY-ORIENTED BUSINESS
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Shall be defined as set forth at N.J.S.A. 2C:33-12.2 and N.J.S.A. 2C:34-6.
[2]
Sexually oriented businesses as conditional uses in I-1 zoning districts.
[a]
Except as otherwise provided herein, sexually operated businesses shall not be permitted in any zone or district within the Township of Lumberton.
[b]
The operation of sexually oriented businesses shall be permitted, as a conditional use only, in the I-1 General Industry District. Accordingly, § 130-71P(4) of the Code of the Township of Lumberton is hereby amended to establish the following conditions which must be met in order for a sexually oriented business to operate in that district:
[ii]
The fifty-foot front side and rear buffer requirements set forth above shall be in conformance with the provisions of N.J.S.A. 2C:34-7(b) and shall include both plantings acceptable to the Township Land Development Board and in compliance with the provisions of § 130-26(D) and fencing as required by the Land Development Board pursuant to the provisions of § 130-32.
[Amended 1-20-2004 by Ord. No. 2004-1]
[iii]
No sexually-oriented business shall be operated within 1,000 feet of any existing sexually-oriented business; or of any church, synagogue, temple or other place of public worship; or of any elementary or secondary school, child-care center, nursery or other institution or educational use; or of any municipal or county playground or place of public resort and recreation or public community center, park or similar use; or of any other religious, institutional, municipal or educational use; nor within 500 feet of any school bus stop.
[iv]
The maximum distance between any access driveway and any adjoining property line shall be 30 feet.
[v]
The maximum width of curb cuts for access driveways shall be 20 feet, except that a combined entrance and exit shall total 40 feet.
[vi]
Parking requirements shall be generally governed by the provisions of § 130-44, except that there shall be one parking space for each three seats, with a minimum number of parking spaces for not less than 10 cars. No materials sold or displayed within the establishment shall be visible from any window or door, or within public view.
[vii]
All trash, refuse, debris, or any matter to be disposed of shall be shredded, cut or rendered in such a fashion so that the remains shall not be readable, legible or discernable; and each establishment shall provide an appropriate trash enclosure area, with fencing around the same, to eliminate the spread of unwanted literature onto adjoining properties.
[viii]
No sexually-oriented business shall display more than two signs, visible from the exterior; and of those signs, they shall consist of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size. The word "sign" shall also include the interior of any business premises which can be viewed from the exterior; and shall include interior store displays, even if placed behind front windows, where the same can be viewed from the exterior.
[ix]
No sexually oriented business shall be permitted to include within its commercial building, structure, premises or portion or part thereof any partition between subdivisions of a room, portion or part of a building, structure or premises having an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the petition; and any booths, stalls or partitioned portions of a room, or individual rooms, used for the viewing of motion pictures or other forms of entertainment, or live entertainment, having doors, curtains or portal partitions, shall be permitted, unless such booths, stalls, partitioned portions of a room or individual room so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room.
[x]
A sexually oriented business governed by the provisions of this section shall not be open for business any earlier than 9:00 a.m. or any later than 11:00 p.m., Mondays through Saturdays, and shall be closed on Sundays and legal holidays.
[3]
Violations and penalties.
[a]
For a violation of any provision of this subsection, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the County Jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
[b]
Separate violations. Each and every day in which a violation of any provision of this subsection exists shall constitute a separate violation; and each and every violation of this subsection, which can be deemed severable from any other violation, shall be deemed a separate violation.
[c]
Minimum penalty. There shall be a minimum penalty of a fine fixed in the amount of not less than $100.
(5)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations[19] accompanying this chapter and are incorporated within this chapter by reference.
[19]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
Q.
I-2 Planned Industrial District.
(1)
Purpose. The purpose of this district is to provide wider employment opportunities in proximity to residential centers. The I-2 District is located to take advantage of existing highway facilities.
(2)
Permitted principal uses shall be:
(a)
Office buildings.
(b)
Restaurants.
(c)
Hospitals.
(d)
Utilities.
(e)
Research, testing and experimentation.
(f)
Warehouse, shipping and receiving.
(g)
Manufacturing, fabrication and assembly.
(h)
Body shops.
(i)
Auto and truck repair.
(j)
Businesses involving the sale, distribution, lease, repair and servicing of farm-related industrial and commercial equipment and machinery.
[Added 6-16-1997 by Ord. No. 1997-13]
(k)
Community/power retail center establishments.
[Added 2-1-1999 by Ord. No. 1999-4]
(l)
Movie theater.
[Added 2-1-1999 by Ord. No. 1999-4]
(m)
Child-care center.
[Added 8-21-2006 by Ord. No. 2006-12[20]]
[20]
Editor’s Note: This ordinance provided that: "Subject to the provisions of N.J.S.A. 40:55D-66.6, and the applicable standards of the zoning districts affected, child-care centers for which, upon completion, a license is required from the Department of Human Services (N.J.S.A. 30:5B-1 et seq.) shall be a permitted use in all nonresidential districts of the municipality."
(n)
Businesses operating as a cannabis cultivator, cannabis delivery service, cannabis distributor, cannabis manufacturer, cannabis testing facility or cannabis wholesaler licensed under N.J.S.A. 24:6I-31 et seq.
[Added 6-17-2021 by Ord. No. 2021-09]
(4)
Conditional uses. Petroleum distribution terminals may be constructed, provided that all of the following conditions are met:
(a)
Storage tanks shall not exceed 30 feet in height.
(b)
The total site area for a petroleum distribution terminal shall not exceed seven acres.
(c)
No aboveground storage tank may be located within 300 feet of a district which permits residential development.
(d)
If the site for a petroleum distribution terminal adjoins a residential district, the buffer standards of this article shall be met as a standard for this conditional use. As a part of the buffer, plant materials shall be selected which will have sufficient height at maturity to effectively screen or otherwise reduce the visual impact of the terminal and its associated structures as seen from residential districts.
(5)
Bulk regulations.
(a)
The bulk requirements for this district are set forth on the Schedule of Limitations[21] accompanying this chapter and are incorporated within this chapter by reference.
[21]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(b)
An industrial park shall be permitted on a tract of 20 acres or more, provided that the following standards are met:
[1]
The park will contain three or more tenants.
[2]
The average lot size shall not be less than two acres, and the minimum lot size shall not be less than one acre.
[3]
No lots of less than two acres may be subdivided until a sufficient number of lots in excess of two acres have been subdivided in order to maintain the minimum average lot size of two acres.
[4]
The minimum lot width for parcels less than two acres shall be 150 feet.
[5]
No lots of less than two acres shall be permitted to front on arterial or collector roadways as designated in the adopted Master Plan.
[6]
All other provisions shall be as set forth in the Schedule of Limitations.
R.
R-I Rural Industrial District.
[Added 8-19-2002 by Ord. No. 2002-8][22]]
(1)
Purpose. The purpose of this district is to provide for limited, low impacting, nonresidential uses within the larger RA area.
(2)
Permitted principal uses shall be:
(a)
Any uses existing as of January 1, 2002, excluding airports.
(3)
Conditional uses:
(a)
Airports and related general aviation related operations subject to the following: that said usage shall not result in the expansion or enlargement of the runways or operations.
(4)
Bulk regulations:
(a)
The bulk requirements for this district are set forth in the Schedule of Limitations accompanying this chapter which are incorporated herein by reference thereto.[23]
[23]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
[22]
Editor's Note: This ordinance also deleted former Subsection R, I-3 Airport Industrial District.
S.
GB General Business District.
[Added 8-19-2002 by Ord. No. 2002-8][24] ]
(1)
Purpose. The purpose of this district is to take advantage of both road frontages and large undeveloped areas by combining aspects of both commercial and industrial zones.
(2)
Permitted principal uses shall be:
(a)
Office buildings.
(b)
Restaurants.
(c)
Hospitals.
(d)
Utilities.
(e)
Community/power retail center establishments.
(f)
Movie theater.
(g)
Mortuary.
(h)
Car wash.
(i)
Nightclub.
(j)
Bowling.
(k)
Lumberyard.
(l)
Motel.
(m)
Shopping center.
(n)
The retail sale of consumable products, wearing apparel, pharmaceuticals and general merchandise.
(p)
Auto/truck sales.
(q)
Auto parts.
(r)
Warehouse, shipping and receiving.
(s)
Manufacturing, fabrication and assembly.
(t)
Businesses involving the sale, distribution, lease, repair and servicing of farm-related industrial and commercial equipment and machinery.
(3)
Permitted accessory uses shall be:
(5)
Bulk regulations. The bulk requirements for this district are set forth on the Schedule of Limitations accompanying this chapter and are incorporated within this chapter by reference.[25]
[25]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(6)
Schedule of Limitations. The use and area restrictions shall be as set forth in the General Business Zone.
[24]
Editor's Note: This ordinance also provided for the redesignation of former Subsection S and Subsection T.
T.
H/A Historic/Architectural Area District.
(1)
Purpose. The purpose of this district is to provide for the preservation and restoration of the Village of Lumberton through the establishment of controls effecting building appearance. Use controls are somewhat liberalized in an effort to attract investment in the restoration of the village.
(4)
Conditional uses.
(b)
On Main Street, north of the South Branch of the Rancocas Creek, retail use shall be permitted, provided that the building retains its historic character and provided, further, that the signs advertising the business are in keeping with the character of the district.
(c)
The off-street parking requirements of this chapter must be met.
(5)
Bulk regulations.
(a)
The bulk requirements for this district are set forth on the Schedule of Limitations[26] accompanying this chapter and are incorporated within this chapter by reference. They shall apply to all permitted and conditional uses.
[26]
Editor's Note: The Schedule of Limitations is included at the end of this chapter.
(c)
Lots with an area of less than 20,000 square feet shall not be subdivided in order to produce more building lots, since this may be detrimental to the integrity of the district and to those areas which are subject to flooding.
(d)
The minimum front yard setback shall be increased if the buildings located within 200 feet and in the same block frontage are all set back a distance greater than 10 feet, and in this situation the front yard setback shall be no closer to the street than the building within this two-hundred-foot distance which is closest to the street line.
(e)
Similarly, the front yard setback may be decreased to less than 10 feet if the prevailing setback of existing buildings within 200 feet in the same block frontage is less than 10 feet, and in this situation the front yard setback shall be considered to be the average of the existing setbacks within this two-hundred-foot distance.
(f)
As defined herein, the minimum front yard setback shall be met from all streets; and in the case of corner lots and through lots, the calculations indicated herein shall apply to all block frontages.
(g)
As indicated in the Schedule of Limitations, the minimum side yard on one side shall be 10% of the lot width, and the combined side yards shall be at least 30% of the lot width.
(h)
In the case of corner lots, all lot lines which are not along the street line shall be considered to be side lot lines, and the side yard standards shall apply; the lot width standard which shall be used in calculating the required side yards shall be the narrower of the two lot widths as measured at the required front yard setback line from the street.
(i)
For two-family dwellings which are joined at the lot line, the minimum side yard shall apply to one side only, and it shall be at least 30% of lot width.
(j)
The minimum rear yard shall be 30% of the lot depth or 40 feet, whichever is less.
U.
I-3 Industrial 3 District.
[Added 12-18-2006 by Ord. No. 2006-20]
(1)
Purpose. The purpose of the I-3 District is to encourage industrial and commercial uses with relatively low volumes of large truck traffic that are compatible with the adjacent and nearby use of the South Jersey Regional Airport.
(2)
Permitted principal uses shall include the following:
(b)
Automobile and truck repair.
(c)
Beverage, candy, dairy, and food processing.
(d)
Garden center, including retail and wholesale sales.
(e)
General administrative and business offices.
(f)
Machine shop.
(h)
Personal and household storage.
(i)
Pharmaceutical and cosmetic manufacturing.
(j)
Printing and publishing.
(k)
Businesses operating as a cannabis cultivator, cannabis delivery service, cannabis distributor, cannabis manufacturer, cannabis testing facility or cannabis wholesaler licensed under N.J.S.A. 24:6I-31 et seq.
[Added 6-17-2021 by Ord. No. 2021-09]
(3)
Accessory uses and structures permitted in conjunction with a permitted principal use shall include the following:
(a)
Distribution of products primarily manufactured or assembled on site.
(b)
Fences, walls, guardhouses and other means of securing property.
(c)
Landscape contracting in conjunction with a garden center.
(d)
Manager's apartment in conjunction with personal and household storage.
(e)
Off-street parking and loading.
(f)
Outdoor display of products in conjunction with a garden center.
(g)
Signs.
(h)
Supply and equipment storage.
(i)
Accessory use customarily incidental to a permitted principal use.
(4)
Conditional uses permitted. The following uses and structures may be permitted when authorized as a conditional use by the Land Development Board in accordance with the general standards of § 130-4 and the following specific criteria:
(a)
Auto body repair conforming to the following criteria:
[1]
All wrecked, dismantled, partially restored vehicles and parts shall be kept within an enclosure at least six feet in height that is completely opaque.
[2]
All work on vehicles shall take place within an enclosed building.
[3]
Adequate stormwater collection and recycling systems for the recovery of fluids and particulate matter from vehicles shall be installed.
(b)
Towing, automobile recovery and automobile impoundment yard conforming to the following criteria:
[1]
The storage of vehicles shall conform to the criteria for outdoor storage, herein; however, no vertical stacking of vehicles shall be permitted.
[2]
Storage of damaged vehicles shall conform to the criteria for auto body repair herein.
[3]
When determined to be required by the Land Development Board, vehicle dropoff area(s) shall be designated on a site plan adequate for the intensity of the use of the facility.
(c)
Outdoor storage conforming to the following criteria:
[1]
Outdoor storage shall not be permitted in a front yard.
[2]
The height of any material or equipment stored outdoors shall not exceed 20 feet or the height of the principal building, whichever is less.
[3]
Outdoor storage shall be adequately screened with a combination of fencing, walls, and/or landscaping from any external view of the site. The height of the plant material installed shall match the height of any stored objects, equipment or material within five years of planting.
[4]
Outdoor storage shall only be located on the premises in conformance with an approved site plan.
(5)
Bulk regulations. The bulk requirements for this district are set forth in the Schedule of Limitations accompanying this chapter and are incorporated within this chapter by reference.
§ 130-72 Air safety regulations. [1]
A.
Airports and related aviation facilities shall be considered to be permitted uses in all zoning districts in the Township, in accordance with the requirements and standards of the New Jersey Air Safety and Hazardous Zoning Act of 1983.[2] Airport hazard areas, incorporating the runway subzone, the runway end subzone and the clear zone, shall be of a size and shape conforming to the standards and dimensions set forth in the New Jersey Administrative Code under regulations promulgated by the Commissioner of the Department of Transportation, as set forth in N.J.A.C. 16:62. All land uses regulated under those provisions shall be similarly regulated in this chapter. In addition to airports and related aviation facilities, however, only those uses which are specifically permitted in the zoning district shall be permitted in the regulated airport hazard area. As set forth in the Department regulations, no variances or subdivisions may be granted whose purposes would be contrary to the standards of the regulations. No variance or other relief from the standards promulgated may be granted without the explicit approval of the Commissioner of Transportation.
[2]
Editor's Note: See N.J.S.A. 6:1-80 et seq.
B.
Any party seeking to extend the length or breadth of an airport runway, or add any airport runway, and by this extension extend the effect of the use regulations called for under the New Jersey Air Safety and Hazardous Zoning Act of 1983 shall own, have obtained a property's consent or waiver or control the development rights for any tract, parcel or area of land, the zoning on which will be altered, modified or changed as a result of the expansion contemplated. No expansion shall be deemed authorized by this subsection unless ownership and/or control is demonstrated prior to approval of the proposed expansion by a review agency operating within the Township of Lumberton. The term "control" shall mean in the context of this subsection ownership of the development rights pursuant to the TDR provisions of this subsection, possession of rights under a deed restriction covering the land in issue which permits the extension of the land use regulations referenced or possession of some other easement which demonstrates that the property owner, the zoning on whose land will be altered, has sustained no measurable loss as a result of the extension of the zoning provision.
[Added 12-6-1999 by Ord. No. 1999-23]
[1]
Editor's Note: Ordinance No. 2000-15, adopted 7-17-2000, provided in part as follows:
Be it ordained and enacted by the Township Committee of the Township of Lumberton, County of Burlington and State of New Jersey, that the air safety zone required to be established by the Township of Lumberton pursuant to the New Jersey Air Safety and Hazardous Zoning Act of 1983, N.J.S.A. 6:1-80 et seq., be and is hereby amended insofar as same relates to the South Jersey Regional Airport (SJRA) to return said zone to parameters established and in place in 1993 before discussions with the Township began, relating to the expansion of the runway at the SJRA;
Be it further ordained and enacted by the Township Committee of the Township of Lumberton that the Township hereby expresses its refusal to modify, now and in the future, the airport safety zone surrounding the SJRA to accommodate either Alternatives 1, 2 or 3 outlined in the Draft Environmental Assessment for the South Jersey Regional Airport, dated February 2000, prepared by Clough Harbour and Associates, LLP, and currently under consideration by both the State of New Jersey Department of Transportation, Division of Aeronautics, and by the State of New Jersey Department of Environmental Protection.
§ 130-73 Demolition of buildings.
[Added 5-1-1989 by Ord. No. 1989-7]
A.
Notwithstanding any other provisions to the contrary in any other ordinance of this Township, no structure or building shall be demolished or removed in any zoning district of this Township until application for a permit has been made to the Township Land Development Board, which shall determine if the structure or building is a historic landmark or historic site, and upon the Land Development Board's determination that said structure or building is an historic landmark or historic site, it shall not be demolished unless it is deemed to pose a clear and present danger to the health or safety of persons within this Township.
[Amended 1-20-2004 by Ord. No. 2004-1]
B.
This prohibition against demolition of buildings or structures shall remain in force until a comprehensive ordinance providing for preservation and protection of historic structures and sites has been enacted by the governing body or for 90 days from the date of the enactment of this section, whichever occurs first.
C.
An "historic landmark" shall be defined as follows: any real property, such as a building, structure, ruins, foundation, place or object, including but not limited to a village area, natural object, configuration, geological feature or formation, which:
(1)
Is of particular historical, cultural, scenic or architectural significance to the Township of Lumberton and in which the broad cultural, political, economic or social history of the nation, state or community is reflected or exemplified;
(2)
Is identified with historic personages or with important events in the main current of national state or local history;
(3)
Shows evidence of habitation, activity or the culture of prehistoric man;
(4)
Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction; or
(5)
Represents the work of a builder, designer, artist or architect whose individual style significantly influenced the architectural history of the Township of Lumberton or other areas.
D.
"Historic site" is defined as any landmark, whether located within or outside of a zoning district presently delineated as a historic district, or any building, structure, improvement, area or property within an historic district as presently constituted.
E.
Nothing herein shall prevent the demolition of any structure or building for which a permit has already been issued prior to the enactment of this chapter.