Merchantville City Zoning Code
ARTICLE III
General Provisions and Exceptions
§ 94-6 General regulations.
No building or structure shall hereafter be erected nor shall any existing building or structure be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be designated or used for any purpose other than those included among the uses listed as permitted uses in each district by this chapter; nor shall any space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and yard, projection, minimum size, height, off-street parking, accessory use and building, fence and other such regulations set forth in this chapter for the district in which such building or space is located.
§ 94-6.1 Prohibited uses - all districts.
Prohibited uses in all districts:
A.
All classes of cannabis establishments, cannabis distributors or cannabis delivery services referred to as Class 1, Class 2, Class 3, Class 4 and Class 6 businesses in the statute, 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 6-14-2021 by Ord. No. 21-06]
§ 94-7 Area regulation.
No yard or other space provided about any building or structure for the purpose of complying with this chapter shall be considered as a yard or other open space for another building or structure.
§ 94-8 Corner lot vision clearance.
Within a triangular area which extends a distance of twenty (20) feet from the point of intersection of the curblines of two (2) streets, no fence or wall shall be erected and no hedge or shrub shall be maintained more than two and one-half (2 1/2) feet above the mean curb level, except that shade trees trimmed up to a distance of ten (10) feet as measured from the ground shall be permitted hereunder.
§ 94-9 Antennas.
[Added 9-28-1998; amended 2-26-2001 by Ord. No. 01-03; 8-10-2009 by Ord. No. 09-11]
A.
Purpose. This section is intended to provide regulations, standards and procedures for the use, dimensions and placement of antennas within the Borough of Merchantville. The purpose of this provision is to promote the public health, safety, welfare, aesthetics and maintenance of a desirable visual environment as that term is used in N.J.S.A. 40:55D-2(i). The right of a private property owner to use an antenna is recognized subject to the terms and conditions of this section. The regulations imposed by this section are intended to permit such use in harmony with the intent and purpose of the Borough's Zoning Code and Master Plan and the FCC objective to promote interstate satellite recovered communications.
B.
Use. Antenna, including structural supports, shall be permitted as an accessory use provided that the antenna conforms to the requirements of this section. An antenna is permitted as an accessory use only on a lot that contains a principal structure.
C.
Definitions. For the purposes of this section the term "antenna" shall mean any and all satellite dish antennas along with any antenna designed for the reception of television and/or radio signals. Such definition expressly excepts antennas utilized in conjunction with the reception and/or transmission of cellular telephonic signals.
D.
Permits and approvals.
(1)
A building permit shall be required for the installation of any antenna having a diameter greater than thirty-nine and thirty-seven one hundredths (39.37) inches or which does not comply with the requirements of this section.
(2)
Submission procedures. For any antenna which requires a building permit pursuant to Subsection D(1), a property owner shall submit an application and a plan to the Construction Official. The application and plan shall include the following information:
(a)
The location of the proposed antenna;
(b)
Engineering drawings of the proposed antenna demonstrating its method of support and its foundations;
(c)
The method of installation;
(d)
The materials to be used;
(e)
The height and diameter of the antenna and related structures;
(f)
The location of all existing buildings and structures and all accessory buildings or structures on the lot, if any;
(g)
All existing and proposed plantings and/or fencing intended to provide screening;
(h)
The lot and block number(s) of the lot(s) from the Borough of Tax Map, and the length and bearings of the lot lines of the property in question;
(i)
Any and all information deemed necessary by the zoning/construction official to meet any other requirements of this section not listed above.
E.
Design standards. Antennas, as accessory uses, shall be permitted as follows:
(1)
Antennas having a diameter not more than thirty-nine and thirty-seven one hundredths (39.37) inches (small antenna):
(a)
May be located in any zoning district;
(b)
Must be installed in a location where such small antennas shall not be visible from the right-of-way provided such location does not prevent the reception of an acceptable quality signal or impose unreasonable expense or delay.
(c)
May be roof-mounted, building-mounted or ground-mounted;
(d)
If roof-mounted or building-mounted, the antenna may not project more than three (3) feet above peak of a roof in the case of a peaked roof or more than three (3) feet above the flat roof line in the case of a flat roof;
(e)
If roof-mounted on a peaked roof or if building-mounted, the antenna shall be mounted on a roof or wall surface which faces a rear or side yard and if roof-mounted on a flat roof, the satellite dish antenna shall be mounted on the center of the roof structure;
(f)
If roof-mounted, building-mounted or ground mounted, the antenna shall not be visible from the public right-of-way;
(g)
If ground-mounted, may be placed on a pole, and;
(h)
If ground-mounted, must be set back from rear and side property lines at least: (i) six (6) feet, or (ii) the height from the ground to the highest point of the antenna, whichever distance is greater.
(2)
Antennas having a dish diameter greater than thirty-nine and thirty-seven one hundredths (39.37) inches, but not more than two (2) meters or seventy-eight and seventy-four one hundredths (78.74) inches (large dishes):
(a)
May be located in any zoning district in which commercial or industrial uses are permitted;
(b)
Must be ground-mounted only and located in the rear or side yard;
(c)
May not be visible from the public right-of-way;
(d)
May not be located in any required buffer area;
(e)
Must be set back from rear and side property lines at least (i) six (6) feet or (ii) the height from the ground to the highest point of the antenna whichever distance is greater;
(f)
May not be pole-mounted; and
(g)
In the case of a satellite dish antenna, must be erected so that the bottom of the antenna is no more than thirteen (13) inches above the ground.
(3)
Antennas utilized for the noncommercial transmission and reception of radio signals shall be permitted as an accessory structure provided any structure erected to accommodate such antenna shall be the minimum height necessary to enable the successful transmission and/or reception of radio signals but in no event shall such structure exceed the height of the principal structure to which such use is accessory.
(5)
In the event of an assertion that any limitation contained herein results in the prevention of the reception of an acceptable quality signal or imposes unreasonable expense or delay on the applicant, it shall be the applicant's burden of proof to establish such assertion to the satisfaction of the Board.
(6)
Prohibited diameter. Any antenna having a dish diameter greater than two (2) meters or seventy-eight and seventy-four one hundredths (78.74) inches is prohibited.
(7)
Exception to design standards. The design standards shall not apply to any public law enforcement apparatus, public safety apparatus or installations mounted within a fully enclosed principal building.
(8)
Screening. To the extent feasible given the locational requirements of receiving antennas, any ground-mounted antenna shall be screened so that it is not visible from an adjacent residential property at ground level. Screening may be by use of opaque fencing, or shrubbery, or both.
(9)
Foundations. Any ground-mounted antenna shall be erected on a secure ground-mounted foundation.
(10)
Construction. All antennas shall be constructed to withstand wind velocities of at least one hundred (100) m.p.h. and are subject to any additional construction requirements imposed under the New Jersey Uniform Construction Code.
(11)
Reception. Antennas shall be placed in such a manner so that they do not interfere with the reception of neighboring properties.
(12)
Any connection, whether electrical or otherwise, from an antenna to the principal building or structure shall be by underground cable.
(13)
Any antenna shall be used only by the occupants or residents of the principal building or structure on the subject premises. No connection shall be permitted, whether electrical or otherwise, to adjacent properties.
F.
Number. In the case of satellite dish antennas the following shall apply:
(1)
Residential districts. There may be one (1) small dish for each dwelling unit on a lot. In addition to the permitted small dishes, there may be no more than one (1) large dish for each building on a residential lot.
(2)
Business districts. There may be one (1) small dish for each business use on a lot. In addition to the permitted small dishes, there may be no more than one (1) large dish for each building on a lot.
§ 94-10 Fire limits.
The fire zones are hereby established to include all sections of the borough within the business districts and shall comply with all the regulations as set forth in Chapter 29 of the Code of the Borough of Merchantville.
§ 94-11 Height exceptions.
A.
The height limitations of this chapter do not apply to any roof-mounted flagpole, mast, monument, standpipe, amateur radio tower, belfry, elevator bulkhead, chimney flue, church spire, clock tower, scenery loft, stage tower, television antenna, water tank or similar appurtenances usually carried above roof level; provided, however, that in no event shall such appurtenance exceed sixty (60) feet in height from curb level, and in no event shall the aggregate horizontal base area of such appurtenance(s) exceed twenty-five percent (25%) of the roof area.
B.
No ground-mounted flagpole, mast, monument, standpipe, amateur radio tower, television antenna or similar appurtenance shall exceed the height limitations imposed for the particular district in which said appurtenance is to be constructed or erected.
C.
[Repealed 2-26-2000 by Ord. No. 01-03]
§ 94-12 Noxious or offensive uses.
No building, structure, lot or parcel of land shall be used for any trade, business or purpose which is or may be reasonably expected to be noxious or offensive by reason of causing or emitting dust, gas, garbage, odor, refuse matter, smoke, vapor or noise, including the housing of internal-combustion engines or machinery, air-conditioning units, exhaust fans and heat exchangers, unless the objectionable noise, gases and vibrations are eliminated.
§ 94-13 Fences.
[Amended 5-12-2003 by Ord. No. 03-06; 5-8-2006 by Ord. No. 06-04; 7-11-2011 by Ord. No. 11-06]
A.
General. Fences or walls, except a wall of a building, shall only be erected in the rear and side yard, shall not exceed four (4) feet in height and shall not project beyond the front building line except as otherwise set forth herein. Barbed wire or similar material shall not be used in the erection or maintenance of a fence. An "ornamental iron fence", defined as a fence comprised of wrought iron or material such as aluminum, to resemble wrought iron, having multi-finished surface, and being black, having pickets, posts and gates, shall be permitted in the rear and side yard of a property. An ornamental iron fence shall also be permitted in the front yard (as defined, a corner lot will have two (2) front yards) of a building, being it residential or business, in accordance with the terms and conditions set forth immediately hereafter.
B.
Ornamental iron fence — front yard. An ornamental iron fence — front yard is a fence comprised of wrought iron or material such as aluminum, to resemble wrought iron, having a multi-finished surface, and being black, having pickets, posts and gates shall be no higher than thirty-six (36) inches, at any point, and not less than thirty (30) inches in height, and at least seventy-five (75%) percent open as to the fence and any shrubbery, tree, ornamentation or other features that will hinder visibility through the fence. Plastic, vinyl, wood or wire, are not acceptable materials for an ornamental iron fence. An ornamental iron fence shall not be located in any public right-of-way, and may be located in a residential or business district and may be installed in the front yard of a property, as defined in this chapter, Section 94-5, providing that it complies with the requirements of this section, including but not limited to the requirements of Section 94-8. An ornamental iron fence located on a corner lot, or within fifteen (15) feet of a driveway, intersecting a public walkway, street or right of way, shall be compliant with the above requirements. Attached to this section is a sample of three (3) ornamental iron fences, which are acceptable in accordance with the terms of this section. Using reasonable judgment the Zoning Officer of the Borough of Merchantville may approve an ornamental iron fence, if it is similar to the samples referred to above.[1]
[1]
Editor's Note: Samples may be found in the office of the Zoning Officer.
C.
Ornamental iron fence — rear yard. An ornamental iron fence - rear yard shall be no higher than sixty (60) inches at any point. Plastic, vinyl, wood or wire are not acceptable materials for an ornamental iron fence — rear yard. An ornamental iron fence — rear yard may be installed in the rear yard of a property, as defined in this chapter, Section 94-5 "Terms Defined", "Yard, Rear", providing that it complies with the requirements of this section. Attached to this section is a sample of three ornamental iron fences, which are acceptable in accordance with the terms of this section. Using reasonable judgment the Zoning Officer of the Borough of Merchantville may approve an ornamental iron fence-rear yard, if it is similar to the samples referred to above.[2]
[2]
Editor's Note: Samples may be found in the office of the Zoning Officer.
D.
Pools. Swimming pools and wading pools, as defined and otherwise regulated in Chapter 75, Swimming Pools, of the Code of the Borough of Merchantville, shall be fully enclosed with fencing a minimum of five (5) feet and a maximum of six (6) feet in height. Fencing erected to enclose a swimming pool or wading pool shall only be erected in the rear and side yard and shall not project beyond the front building line. Swimming pools or wading pools, shall conform in all other respects with the provisions set forth for each residential zoning district as specifically found in Section 94-22A(4), Section 94-28A(4) and Section 94-31A(4).
§ 94-14 Outdoor displays.
Outdoor displays of items to be sold on the premises shall be permitted only if shown on an approved site plan.
§ 94-15 Structures prohibited as dwellings.
No barn, building or structure of a temporary nature or garage, house trailer, camper, outbuilding, shack or tent shall be used, either temporarily or permanently, for living or sleeping purposes in any district.
§ 94-15.1 Storage; Prohibited Uses.
[Added 2-9-2004 by Ord. No. 04-01; Amended 5-10-2004 by Ord. No. 04-08]
A.
The parking, storage and/or use of commercial-type truck bodies, intermodal containers or trailers, which shall include any truck body commonly used for the haulage of goods and materials, whether or not such truck body, intermodal container or trailer remains on wheels or is affixed to a foundation, is prohibited in the Borough of Merchantville, unless said truck body, intermodal container or trailer is installed on a permanent foundation upon the issuance of a valid building permit and zoning permit in accordance with the provisions of the Uniform Construction Code and the Merchantville Borough Land Use Code. This prohibition shall not apply to the loading or unloading of said truck bodies, intermodal containers or trailers on industrial or commercial sites when said units are properly licensed under the motor vehicle laws of its state of origin.
B.
Any truck body, intermodal container or trailer currently existing upon private property upon adoption of this section which otherwise violates the provisions of this section shall not be considered a violation of the provisions of this section until four months following the effective date of this section, after which time any such use shall be considered a violation. It is the intention of this section to give all property owners sufficient time to remove any truck body, intermodal container or trailer before being in violation of the terms of this section.
§ 94-15.2 Outside storage of firewood; regulations.
[Added 1-26-2009 by Ord. No. 09-03; amended 1-11-2010 by Ord. No. 09-19]
A.
No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of ten (10) days from the date of its delivery.
B.
Outside storage of firewood; generally.
(1)
The firewood shall be cut/split, prepared for use, and stored in neat, secure stacks. The firewood shall be neatly stacked, and may not be stacked closer than three (3) feet to any lot line. The firewood as stacked shall be not higher than four (4) feet from grade, except when the firewood is stacked within five (5) feet of a fence, where firewood can be stacked as high as the adjacent fence. Fences as used in this section shall not include hedges and other vegetation. The firewood shall be stored a minimum of eight (8) inches off the ground and on a well supported, non-rotting base.
(2)
There shall be no more than two (2) cords of wood stored at any time, and no more than one-fourth (1/4) of a fireplace cord shall be stored on a porch of a residential structure.
C.
All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of within ten (10) days and shall not be allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles that harbor or are infested or inhabited by rats or other vermin are public nuisances and may be abated pursuant to the provisions of this Code.
E.
Firewood may be stored upon a residential property solely for use on the premises and not for resale.
§ 94-16 Projections.
A.
Windowsills, belt courses and other ornamental features shall not project more than six (6) inches into the required front, side or rear yard.
B.
Cornices, eaves, gutters or chimneys shall not project more than two (2) feet into the required front, side or rear yard.
C.
Ground floor entrance steps and turf terraces, when open to the sky, may project into the front, side or rear yard. Handicapped ramps, when open to the sky and meeting the standards of the New Jersey Uniform Construction Code, shall be permitted to project into front, side or rear yards but only to the extent necessary to meet the functional requirements of such a ramp, and further that such a ramp shall not be located within three (3) feet of any front, side or rear lot line.
D.
An open or enclosed outside stairway or fire escape leading to a floor above the ground shall not project more than four (4) feet into and only into the required rear yard.
E.
A patio or deck shall be included as part of the building for purposes of calculating front, rear and side yard clearances.