Merchantville City Zoning Code

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.

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.

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.

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.

Permits and approvals.

Design standards. Antennas, as accessory uses, shall be permitted as follows:

Number. In the case of satellite dish antennas the following shall apply:

Fees. The fee for an application to erect a satellite dish antenna shall be as set forth in the Section 94-108 (C)(9) of this chapter.

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.

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.

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.

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]

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]

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).

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.

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.

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.

Outside storage of firewood; generally.

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.

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.

Firewood may be stored upon a residential property solely for use on the premises and not for resale.

Windowsills, belt courses and other ornamental features shall not project more than six (6) inches into the required front, side or rear yard.

Cornices, eaves, gutters or chimneys shall not project more than two (2) feet into the required front, side or rear yard.

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.

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.

A patio or deck shall be included as part of the building for purposes of calculating front, rear and side yard clearances.