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Manchester Township
City Zoning Code

§ 245-25

General regulations.

The following general regulations shall be applicable in the CAFRA and Pinelands National Reserve Area and the Pinelands Area; provided, however, that within the Pinelands Area, minimum standards and exceptions established pursuant to N.J.A.C. 7:50-1 et seq. in § 245-31B shall be applicable.
A. 
Application of regulations to structures, yards and open space. No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, or rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses for each zone by this chapter and meeting the requirements as set forth by the Schedules A through D included herein and constituting a part of Article IV, Zoning, of this chapter. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated in said schedules and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.
B. 
Frontage required on an improved street. Every principal building shall be built upon a lot with frontage upon an improved street.
C. 
Off-street parking required. Off-street parking space shall be provided as specified in § 245-28A, Off-street parking spaces. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon or reduced in any manner.
D. 
Accessory building attached to main building. An accessory building attached to the principal building shall comply in all respects with the requirements for principal buildings of this chapter.
E. 
Corner lots. Each corner lot shall provide the minimum front yard setback requirements for the respective zone for both intersecting streets that provide frontage to the lot. Rear yard shall be designated as those yards which provide access to the rear of the principle structure, opposite the front entranceway, and shall provide the minimum rear yard setback requirements for the respective zone. Any other yard or yards shall be considered side yards and provide the minimum conforming side yard setback requirements for the respective zone.
[Amended 3-25-2002 by Ord. No. 02-005]
F. 
Yard requirements. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building.
G. 
Recycling areas in new multifamily dwellings.
(1) 
There shall be included in any new multifamily dwelling developments that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Township Recycling Coordinator, and shall be consistent with the Township Recycling Plan adopted pursuant to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Township Master Plan adopted pursuant to N.J.S.A. 13:1E-99.16.
(2) 
The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster. Pedestrian walkways shall be provided from all multifamily dwellings to any exterior recycling area in conformance with Americans with Disabilities Law accessibility standards.
(3) 
The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked vehicles or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(4) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(5) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
(6) 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.
H. 
Outside display or sale of goods. Business structures or similar uses shall not display or maintain goods for sale outside of the structure, except as otherwise provided in this chapter.
I. 
Height limitation exceptions.
(1) 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, domes not suitable for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above the roof level or to noncommercial radio and television antennas, except where, in the opinion of the Zoning Board, such may be deemed to interfere with aerial navigation or constitute a fire hazard.
(2) 
Such features, however, shall not exceed in total coverage 15% of the total roof area and shall not exceed a reasonable height to be determined upon reference of all such cases to the Zoning Board by the Zoning Officer.
J. 
Public utility distribution and transmission facilities. Nothing in this chapter shall preclude the construction, operation and maintenance of public utility distribution and transmission or collection systems. Such distribution and transmission or collection systems may include systems of poles, wires, underground pipes, conduits, appurtenances for the transmission and/or distribution of the commodity or service pertaining to the public utility. Buildings or structures permitted by this subsection shall be necessary and accessory to the distribution and transmission or collection systems and shall be aesthetically compatible as much as possible with the uses permitted in the zone where said building or structure is located.
K. 
Illumination of buildings. Buildings and areas may be illuminated; however, the actual source of illumination shall be shielded from public view so that no direct glare is visible from a public right-of-way or from adjacent properties in accordance with § 245-86, Streetlighting.
L. 
Junkyards prohibited. Junkyards as defined in this chapter shall be prohibited in all zones.
M. 
Motor vehicle storage and display of sales items on residential lots.
(1) 
No unregistered or other motor vehicle which is inoperable, except temporarily while undergoing minor repair by its owner, shall be stored in any residential lot in any zone.
(2) 
A homeowner or tenant may place one motor vehicle for sale on or at a property where said homeowner or tenant resides and where said vehicle is currently registered and owned by that homeowner or tenant. The vehicle must be legally parked pursuant to all state and local regulations and may have no more than two FOR SALE signs no larger than 18 inches by 12 inches. The telephone number of the homeowner or tenant must be conspicuously displayed on the FOR SALE sign.
[Amended 2-8-2010 by Ord. No. 10-004]
N. 
Storage prohibited in the open, in trailers or in vehicles. Other than permitted storage yards in the industrial zones, accessory storage in conjunction with building supply, house and garden centers, outdoor display and storage of motor vehicles in car lots, no material whatsoever shall be permitted to be stored in the open, in trailers or other vehicles whether registered or unregistered, operable or inoperable, temporarily or permanently for more than 30 days.
[Amended 6-12-2006 by Ord. No. 06-017]
O. 
Temporary uses.
[Amended 5-24-2021 by Ord. No. 21-19]
(1) 
The use of trailers for offices as temporary quarters for the purpose of conducting business until completion of the permanent structure and storage structures for temporary storage at construction and/or residential sites shall be permitted subject to the obtaining of a temporary zoning permit.
(2) 
Temporary charitable bin(s) registered as a bona fide charitable organization with the IRS as a 501(c)(3) shall be permitted without application to the Township Planning Board provided that:
(a) 
Written consent by way of a notarized letter of approval from the landowner is obtained.
(b) 
The total number of bins will not cause a decrease in the parking space requirement of the site or cause a hazardous condition.
(c) 
Total bin placement will not exceed a maximum of three striped parking spaces on the site.
(d) 
The utilized parking spaces shall consist only of underutilized spaces at a rear setback and not encroach onto any handicapped space(s). In the event that the placement of the bin results in a loss of parking spaces which is less than what was previously approved or allowed, a minor site plan application will be required in order to obtain approval to place the bin on the site.
(e) 
The charitable bin(s) shall be clearly labeled with the charity owner's name, address, and telephone number for twenty-four-hour emergency contact. This label shall not be less than one square foot or exceed two square feet.
(f) 
Bins shall be maintained from overflow, exterior litter, graffiti, postings, filth, and free from damage.
(g) 
Bins shall not be painted in bold colors, patterns, or used for advertisement purposes.
(h) 
Improper bin maintenance shall be subject to enforcement (as provided in Chapter 1, Article III, Maximum Penalty), permit revocations, and possible removal and/or seizure at the bin owners' expense.
(i) 
Nonpermitted bins shall be subject to enforcement within 30 days of notice, removal at the owners expense or seizure.
(j) 
Violations of the provisions of this section shall be punishable as provided in Chapter 1, Article II, General Penalty.
(k) 
All charitable bins in existence prior to 20 calendar days after adoption of this subsection on second and final reading shall submit a zoning application.
(l) 
The Zoning Officer shall not grant an application for a permit to place, use, or employ a donation clothing bin if he determines that the placement of the bin is either in the front yard setback or could constitute a safety hazard. Such hazards shall include, but are not limited to, the placement of a donation clothing bin in parking spaces, in any area that interferes with pedestrian or vehicular traffic, or any place which stores large amounts of, or sells, fuel or other flammable liquids or gases.
(m) 
The fee for such application for the permit shall be $25.
(n) 
Whenever it appears to the Zoning Officer or his designee that an organization or a person has engaged in or is engaging in any act or practice in violation of this chapter, the organization or person who placed the bin shall be issued a warning, stating at if the violation is not rectified within 30 days, then the bin and any clothing or other donations collected via the bin will be sold at public auction. In addition to any other means used to notify the person who placed the bin, a warning shall be affixed to the exterior of the bin itself.
(o) 
In the event that the person who placed the bin does not rectify the violation or request a hearing within 30 days of the posting of the warning, the Township may seize the bin, remove it or have it removed, at the expense of the person who placed the bin, and sell it at public auction or otherwise dispose of any clothing or other donations collected via the bin. Any proceeds from the sale of the donations collected via the bin shall be paid to the Township.
P. 
Temporary use of trailers for scientific or experimental purposes. The use of trailers for scientific or experimental purposes operated by the State of New Jersey, its institutions and agencies, the Township of Manchester, or the County of Ocean is permitted on a temporary basis.
Q. 
Conditional uses. In the case of conditional uses, the terms of the conditional use regulations contained in Article VIII, Conditional Use Permits, Procedures and Requirements, shall apply.
R. 
Churches and/or places of worship: minimum four acres required. Notwithstanding any other provision, churches and/or places of worship may be permitted on lots not less than four acres in size. The front yard setback shall be equal to the greater of the front setback of the zone where the site is located or 50 feet. The site shall be located on a state, county, or major collector road.
[Amended 11-14-2016 by Ord. No. 16-036; 2-13-2017 by Ord. No. 17-002; 11-13-2017 by Ord. No. 17-024]
S. 
Poultry, farm animals and wildlife: limitations and requirements.
[Amended 2-22-2010 by Ord. No. 10-006]
(1) 
It shall be unlawful to maintain in any residential zone or planned retirement community any poultry, pigeons, farm animal, such as, but not limited to, horses, cows, pigs, ducks, and rabbits or other wildlife; or any building or accessory building, as defined, to house or shelter any poultry, pigeons, farm animals, such as, but not limited to, horses, cows, pigs, ducks and rabbits or other wildlife except as hereafter provided in Subsection S(2) below. The term poultry, farm animal or other wildlife shall not include domesticated household pets of four or less in number maintained on a residential lot and accessory to a residential use.
(2) 
Farm animals shall be permitted within the PPA, PFA-S, PFA-R, FA-S, FA-R, WTRA, R-A, R-40 and BVR-40 Zones, provided as follows:
(a) 
Pigs and hogs shall be prohibited in all zones.
(b) 
Small farm animals such as poultry, pigeons, goats, and sheep shall be permitted on lots of not less than two acres and further provided that all pens, coops, barns and shelter buildings shall be a minimum of 50 feet from any adjoining property line.
(c) 
Large farm animals, including horses, cows, llamas, ostriches, emus and similar types of animals shall be permitted on lots of not less than five acres; provided, however, that there shall be a minimum of three acres for the first horse, cow or other large animal and a minimum of one additional acre for each additional horse or cow. All pens, coops, barns and shelter buildings shall be a minimum of 50 feet from any adjoining residential property line and a minimum of 100 feet from any adjoining residential structure.
(3) 
This chapter shall not abrogate the responsibilities of compliance with state or county regulations dealing with the maintenance of animals.
T. 
Nonconforming structures and uses in existence as of March 4, 1961. Any single-family dwelling unit which was existing as of March 4, 1961, and conformed to the requirements of the Zoning Ordinance adopted March 4, 1961, and any single-family dwelling unit which was built subsequent to March 4, 1961, and which was conforming to the ordinances in effect at the time of construction of such dwelling unit, may be continued upon the lot so occupied and such structure may be restored or repaired in the event of partial destruction. Furthermore, additions or accessory structures may be built upon a lot where such single-family dwelling unit exists without the necessity of obtaining a variance, provided that the addition or accessory structure meets the setback requirements in effect at the time of application for a building permit for said construction.
U. 
Nonconforming lots created by governmental action. Whenever a nonconformity is created by or exists solely by reason of the exercise of a governmental right of eminent domain to a lot that was conforming or would have been conforming prior to the date of the exercise of eminent domain, no bulk variance(s), i.e., lot area, side yard setback, front yard setback, etc., shall be required to use the property as though it were conforming in that respect. The "exercise of governmental right of eminent domain," for purposes of this subsection, shall be evidenced by the filing of an eminent domain complaint by a governmental entity in a court of competent jurisdiction, which complaint shall set forth the taking of property which results in the nonconformity from which relief is sought. In the absence of the filing of such a complaint or if the eminent domain proceeding was subsequently abandoned by the governmental entity, there shall exist a presumption that the nonconformity was not created by or exists solely by reason of the exercise of a governmental right of eminent domain unless the governmental entity has properly authorized and executed a written instrument recorded in the Ocean County Clerk's Office within 30 days of its execution, evidencing the fact that a particular conveyance of property was made to it, or to a third party at its request, which conveyance results in the conformity from which relief is sought.
[Amended 8-14-2000 by Ord. No. 00-019]
V. 
Eating places and eating places (with liquor license). The following requirements shall apply to eating places and eating places (with liquor license). Eating places and eating places (with liquor license) may be freestanding facilities or facilities within shopping plazas, shopping centers and neighborhood shopping centers as follows:
[Added 11-13-2017 by Ord. No. 17-024]
(1) 
Eating places shall be limited to the following facilities: cafes, cafeterias, coffee shops, diners, grills, luncheonettes, pizza parlors, pizzerias, restaurants, sandwich shops, cocktail lounges, and taverns.
(2) 
Drive-up windows shall be permitted for freestanding eating places and eating places located at the end of attached commercial structures, such as shopping plazas, shopping centers, and neighborhood shopping centers. These eating places shall have vehicle access on at least three sides inclusive of the front entrance and rear loading.
W. 
The following uses shall be prohibited with the exception of medically related cannabis distribution: all classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 11-8-2021 by Ord. No. 21-40]