Moorestown City Zoning Code
ARTICLE XXV
Miscellaneous Restrictions, Regulations and Provisions
§ 180-81 Conversion of large dwellings into apartments.
The conversion of any dwelling located in an R-1, R-1-A, R-2, or R-3 Residence District into dwelling apartments is expressly forbidden except as hereinafter provided. As a conditional use when, in the opinion of the Planning Board, the only sound and reasonable economic use of a certain dwelling requires its conversion into two-family dwelling apartments, the Planning Board may authorize such conversion for such certain large dwellings which meet the following specifications:
A.
The dwelling must have been in existence on July 19, 1948, the date of adoption of the original Zoning Ordinance.
B.
In order to be considered for conversion, the dwelling must contain at least 10 rooms, excluding bathrooms, and each room must be of a minimum size of 70 square feet.
C.
Such dwelling must conform to the current minimum lot area provisions of this chapter for the district in which it is located.
D.
Off-street parking shall be provided to accommodate two cars for each dwelling unit. Such parking area shall be covered or landscaped so as to preserve the residential appearance of the property.
E.
Each of such dwelling apartments shall contain at least four rooms, comprising a kitchen, a bathroom and two other rooms, and shall contain a minimum of 700 square feet total living area, including closets, hallways and stairways.
F.
Each room of every such dwelling apartment shall be of reasonable size for the use intended and shall have adequate light and air from the outside.
G.
Every such dwelling apartment shall have safe, adequate and convenient means of access and egress. No conversion which requires the addition of an outside stairway or a fire escape shall be permitted. The requirements for access and egress shall meet the requirements of the state code for apartment-type dwelling units.
H.
No dwelling shall be converted into more than two apartments, including all dwelling area occupied by an owner. No dwelling area within the building shall fail to comply with these specifications.
I.
The ground area of the original dwelling shall not be enlarged and the number of stories shall not be increased for the purpose of or in connection with the conversion of such structure into dwelling apartments, except that areas between projections of parts of the original dwelling may be incorporated into the building where reasonably necessary, in the opinion of the Planning Board, for the execution of a proper and otherwise approved plan for the conversion of such dwelling into dwelling apartments.
J.
The plans and specifications submitted and the work done in the conversion of any such dwelling into dwelling apartments shall be in accordance with the provisions of the Building Code of the Township of Moorestown and shall conform to reasonable and proper standards of sanitation, safety and privacy.
§ 180-82 Nonconforming structures, uses and lots.
[Amended 2-28-1994 by Ord. No. 1701-94]
A.
Nonconforming structures and uses.
[Amended 6-11-2001 by Ord. No. 1959-01]
(1)
Any nonconforming structure or use existing on the date when the original Zoning Ordinance of the Township became effective (July 22, 1948) or before the effective date of an amendment rendering said structure or use nonconforming, may he continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of the partial destruction thereof. Any nonconforming building, structure or use, which has been condemned or damaged by fire, explosion, flood, windstorm, or act of God, shall be examined by the Construction Official. If, in the opinion of the Construction Official, the damage to the nonconforming structure or use exceeds partial destruction of the entire structure or use, it shall be deemed completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the nonconforming structure or use is only partially destroyed it may be rebuilt and used for the same purpose as before, provided that a construction permit is issued and the rebuilding is commenced within one year and completed within 18 months and used for the same purpose as before and does not exceed the height, area and volume of the original structure.
(2)
With the approval of a use variance by the Board of Adjustment, the indoor and/or outdoor areas actually devoted to any nonconforming commercial, business or industrial use may be enlarged and expanded on the lot (but only within the bounds thereof as the same existed on said effective date of the original Zoning Ordinance of said Township or before the effective date of an amendment making said structure or use nonconforming) to such limited extent as may be approved, but such expansion of indoor area, by means of additional structures or additions to or alterations in existing structures, shall not exceed 50% of the total indoor floor area, and such expansion of outdoor area shall not exceed 50% of the total outdoor area actually devoted to such nonconforming use on said effective date of the original Zoning Ordinance of said Township or before the effective date of an amendment making said structure or use nonconforming; provided, however, that no such enlargement or expansion shall be permitted to extend into the front yard, rear yard or side yards required by the Zoning Ordinance for the district in which such nonconforming use is located or to exceed the height restrictions or the restrictions as the maximum lot area that may be occupied by buildings operative in such district; and provided, further, that no such authorization shall be construed to permit any change in the nature or scope of a nonconforming use as the same existed on said effective date of the original Zoning Ordinance of said Township.
(3)
With the approval of a use variance by the Board of Adjustment, the structures, facilities and areas devoted to any nonconforming commercial, business or industrial use may be altered, relocated or consolidated for the purpose of convenience, efficiency and economy in the conduct or operation of such nonconforming use, but not for the purpose of expansion; provided, however, that no such alteration, relocation or consolidation shall be permitted to extend into the front yard, rear yard or side yards required by said Zoning Ordinance for the district in which such nonconforming use is located or to exceed the height restrictions or the restrictions as to maximum lot area that may be occupied by buildings that may be operative in such district; and provided, further, that no such approval shall be construed to permit any change in the nature or scope of a nonconforming use as the same existed on said effective date of the original Zoning Ordinance of said Township or to permit any expansion of such nonconforming use.
(4)
A structure which violates any yard requirements may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:
(a)
The existing uses(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question.
(b)
The total permitted building coverage is not exceeded.
(c)
The accessory building and/or addition do not violate any other requirements of this chapter such as, but not limited to, height, setback and parking.
(5)
If a nonconforming use of land or of a building ceases or is discontinued for a continuous period of one year or more, such nonconforming use shall be considered abandoned, and subsequent use of such land or building shall be in conformity with the provisions of this chapter.
(6)
All variances shall expire within 18 months from the date of the variance approval unless the owner shall have secured a zoning and construction permit and shall have commenced construction in conformity with the variance approval, including any conditions attached to the approval. For variances which become the subject of litigation, the eighteen-month period shall commence on the date of the last reviewing court's decision to uphold the grant of the variance. For good cause shown, and after a hearing before the Board that granted the variance, on notice in the manner required for original variance applications, the applicable Board may extend the variance by resolution. Any extension may not exceed one year in duration, and no more than four extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended. The time periods heretofore indicated in this section shall not be applicable to a variance granted with a site plan, subdivision and/or conditional use approval. Any variance granted with a site plan, subdivision and/or conditional use approval shall expire on the expiration date of the period of protection for the site plan, subdivision and/or conditional use approval under the Municipal Land Use Law.
[Added 4-23-2001 by Ord. No. 1958-2001]
B.
Nonconforming lots.
(1)
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot. Where the land area of such contiguous lots, when combined, meets or exceeds the minimum required lot areas and dimensions, combination of contiguous lots to comply with the minimum lot size, area and dimensions shall be permitted, provided that no nonconforming lot or lots remain.
(2)
Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:
(a)
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question.
(b)
The total permitted building coverage is not exceeded.
(c)
The accessory building and/or addition does not violate any other requirements of this chapter such as, but not limited to, height, setback and parking.
§ 180-83 Reduction in area of lot.
No lot on which a building is located, whether erected before or after the effective date of this chapter, shall be reduced in area nor the boundaries thereof changed so that the premises thereafter would not comply with the area restrictions and regulations established by this chapter.
§ 180-84 Location of accessory buildings.
[Amended 6-22-1981 by Ord. No. 1080; 8-8-2022 by Ord. No. 16-2022]
Every accessory building or structure shall be located on the lot to the rear of the front line or extended front line of the main or principal building. On corner lots, no accessory building or structure may be located within the front yard setback for either front yard. No accessory building shall be located in or encroach upon any required rear or side yard setback. However, a detached accessory building that will be small enough to be completely located within the rear yard setback, may be located in the rear or side yard setback on the lot, provided there is a minimum setback of three feet from any property line.
§ 180-85 Capacity of accessory garages.
[Amended 8-8-2022 by Ord. No. 16-2022]
No garage accessory to a dwelling, other than a multiple dwelling, shall have capacity for storing more than three motor vehicles, one of which may be a commercial vehicle owned and used by the owner or the occupant of the main building, who may also permit not more than two private passenger vehicles owned by other persons to be stored in such accessory garage. On properties in the Township which are 1.5 acres or larger, a garage with the capacity of four vehicles is permitted. Garages accessory to multiple dwellings and other main buildings may have such capacity for the storage of motor vehicles as may be authorized by the Board of Adjustment or Planning Board with due regard to the nature of the main building, the reasonable need for accessory garage facilities and the space available for the location of an accessory garage on the lot in conformity with the requirements of this chapter. A garage accessory to a dwelling may not provide living quarters and may not be used for residential purposes.
§ 180-86 Access to streets, roads and avenues.
[Amended 3-12-1984 by Ord. No. 1203; 5-14-1990 by Ord. No. 1522-90]
A.
Legislative intent. It is the intent of the Township Council to discourage the use of panhandle lots, except under such limited circumstances as set forth herein. The land use policy of the Township is to require traditional methods of subdivision by requiring, where necessary, streets, utility extensions and proper stormwater management. Because the provision of emergency services to panhandle lots has been difficult and raises serious safety problems, panhandle lots are only permitted in the R-1 Zone and shall only be approved where the Planning Board determines site characteristics indicate panhandle lots as the preferred subdivision alternative.
B.
No building shall be erected on any lot (except a lot fronting on a cul-de-sac) that is not contiguous for the following distances to a public street:
C.
Each lot shall not be less than the above-required width at any point between the building line and the public street.
D.
Lots fronting on a cul-de-sac shall be contiguous to a public street for at least 35 feet, and lot lines intersecting the street line shall be radial or nearly radial.
§ 180-87 Obstruction of vision at street intersections.
No hedge, tree, evergreen shrub, bush, fence or other planting or structure shall be located on any corner lot in such manner as to cause a danger to traffic on a public street, road or avenue by obstructing the vision of persons operating vehicles on said public ways; and all hedges, trees, evergreen shrubs, bushes, fences or other plantings or structures which, on the effective date of this chapter, are so located on corner lots as to cause said danger to traffic shall be cut, trimmed, removed or altered within five days next after notice from the Zoning Officer in such manner and to such extent that said danger to traffic shall be eliminated.
§ 180-88 Access to public streets.
In order to minimize traffic congestion and hazard, control street access in the interest of public safety and encourage the appropriate development of street and road frontages, the location and number of all access points onto a Township street or road shall comply with the following:
A.
Lots with a street frontage of 100 feet or less shall be limited to one access point on any one street frontage. Lots with more than 100 feet in frontage shall have not more than two access points on any one street frontage, except that lots with a frontage of 300 feet or more in frontage may have two access points for each 300 feet of frontage beyond the initial 100 feet.
B.
Wherever possible and practicable, such driveways or access points shall be located not less than 75 feet from the intersection of the side line of the street on which the access point is located with the side line of any public street.
§ 180-89 Public garages, service stations and large private garages.
A.
No public garage or motor vehicle service station or private garage accommodating more than five cars shall have a vehicular entrance closer than 500 feet to an entrance to a school, church, community house, theater, hospital, public park, playground or fire station, and said measurement shall be taken as the shortest distance between such entrances, across the street if the entrances are on opposite sides of the street and along the street frontage if both entrances are on the same side of the street or within the same block.
B.
No public garage or motor vehicle service station shall be erected or located within 1,500 feet of any other public garage or motor vehicle service station, and such distance shall be measured by straight or air line between the nearest points in the boundary lines of the respective premises.
C.
All motor vehicle service stations shall be so arranged and all gasoline pumps shall be so placed as to require all servicing on the premises and outside the public way, and no gasoline pump shall be placed closer to any property line than 25 feet.
§ 180-90 Land and building uses excluded.
[Added 7-26-1982 by Ord. No. 1125]
The uses of lands and buildings permitted by this chapter shall not be construed to include any of the following:
A.
A trailer camp.
B.
Trailers as dwellings.
C.
The use of a transportable or mobile structure as an accessory building, except as a farm building.
D.
A tourist camp.
E.
A tourist cabin.
F.
An automobile court.
G.
An outdoor moving-picture theater.
H.
A used-car lot.
I.
A private sanitary landfill.
J.
The private dumping and/or permanent storage of trash, garbage or other refuse.
K.
Any trade, occupation, industry or business whatsoever which is noxious or offensive by reason of causing noise, odor, dust, smoke, gas or vibration.
L.
A junkyard.
M.
An automobile wrecking yard.
N.
The outdoor parking or storage of tractor-trailers, trailer bodies or mobile homes as a main use. For the purposes of this chapter, wherever the ground area used or to be used for the parking or storage of tractor-trailers, trailer bodies or mobile homes owned or leased by the owner or tenant of a permanent building or buildings on the same lot exceeds the ground area occupied by said permanent building or buildings on the lot, such parking or storage shall be considered the main use.
O.
A helistop, helipad, heliport or similar facility, operation or activity.
P.
Commercial recreational activities; permitted uses.
[Amended 11-27-1989 by Ord. No. 1502-89; 8-10-1992 by Ord. No. 1626-92; 12-13-2010 by Ord. No. 25-2010]
(1)
Commercial recreational activities, including electronic and/or coin-operated recreational devices other than an arcade or indoor amusement park, permitted under § 180-61L, outdoor miniature golf, billiards, pool and other similar activities as a principal or accessory use.[1]
[1]
Editor's Note: Former Subsection P(2), allowing indoor miniature golf and children's recreational activity centers within a planned shopping center or shopping mall, as amended, was repealed 11-13-2000 by Ord. No. 1939-00.
§ 180-91 Special requirements for institutions.
[Amended 8-28-1978 by Ord. No. 942; 2-10-1992 by Ord. No. 1602-92; 3-27-1995 by Ord. No. 1742-95]
The following requirements shall apply to any hospital; sanatorium; convalescent, assisted-care or nursing home; institution or home for children; continuing-care facility for the senior citizen; home for the aged, indigent or the handicapped; or similar institution:
A.
Site plan. A site plan shall be filed by the applicant which shall comply with the requirements of Chapter 158, Subdivision of Land.
B.
Minimum acreage (lot area) shall be five acres, and total minimum acres shall be calculated as follows:
(1)
One bed (in the case of assisted care, nursing facilities and hospital) shall be calculated as 0.5 residential unit (institutional).
[Amended 2-24-1997 by Ord. No. 1814-97]
(2)
The density for a continuing-care facility for the elderly shall be calculated on the basis of residential units (institutional) and shall not exceed a density of eight residential units (institutional) per acre.
(4)
The minimum lot size of five acres shall not contain any lands which are restricted by deed restriction or covenant against development and said deed-restricted lands shall not be counted as part of the five acre minimum lot size.
[Added 2-24-1997 by Ord. No. 18-14-1997]
C.
Yard and setback minimum requirements.
(1)
The front yard setback for buildings from any road shall be 75 feet, except as modified below.
(2)
The setback for any parking area shall be 75 feet.
(3)
The setback for buildings may be reduced or varied up to 25% of the required minimum, provided that not more than 30% of the buildings' footprints are placed in the reduced setback, the buffer (see Subsection D below) increases from 25 to 50 feet and the building facades are residential in character.
(4)
The setback from side and rear property lines shall be 60 feet.
(5)
Lot depth shall be 300 feet.
(6)
Lot width shall be 200 feet.
D.
Buffers.
(1)
The minimum landscaped buffer from any street or adjoining property shall be 25 feet.
(2)
A landscaped buffer shall consist of evergreen trees, planted at least 12 feet on center, at a minimum height of six to eight feet when planted; evergreen shrubs, at a minimum size of 2.5 to three feet when planted; deciduous shrubs, at a minimum size of two to three feet when planted. The buffer can be enhanced berms, fences or walls to provide an effective screen with neighboring residential uses.
G.
Building height shall not exceed 35 feet.
H.
Accessory uses or buildings. Any building or use which is accessory to any permitted use, such as a power plant, heating plant, air-conditioning unit, laundry or kitchen, shall be constructed in such a manner and located in such a way so as to prevent smoke, noise, odors or other objectionable elements from becoming a hazard, nuisance or annoyance to adjoining uses and properties.
I.
Coverage. Maximum coverage (including buildings, paved surfaces and all other impervious surfaces) shall not exceed 35%.
J.
Sanitary sewer. Any such facility shall be located within an existing sanitary sewer service area, as shown in the Township's approved Wastewater Management Plan. Any such facility shall connect to the Township sanitary sewer system.
[Added 1-29-1997 by Ord. No. 1806-97]
§ 180-92 Reverse-frontage setback requirements
[Amended 6-8-1981 by Ord. No. 1087; 2-27-1989 by Ord. No. 1462; 11-13-2000 by Ord. No. 1935-00]
In every case where reverse-frontage lots are provided, the following requirements shall apply, except as modified along major thoroughfares as referenced in §§ 180-9C, 180-9E, 180-12C and 180-12E of this chapter:
A.
No dwelling unit shall be constructed on a reverse-frontage lot within 75 feet of the rear of such lot; provided, however, that in the case of a corner lot, such distance may be reduced to 50 feet.
B.
No accessory buildings or accessory structures, including fences, shall be constructed on a reverse-frontage lot within 25 feet of the rear property line.
C.
A planting area at least 20 feet in depth at the rear of each reverse-frontage lot shall be provided in accordance with § 158-17B(3)(b) and (c) of the Land Subdivision and Development Ordinance.[1] Landscaping shall be planted on an earth berm at least five feet high and having a slope of no greater than 40%. The height of the berm can be reduced as follows:
(1)
At least a four-foot-high berm is required if the setback of the dwelling unit is increased to 100 feet and the setback of accessory buildings and accessory structures is increased to 35 feet.
(2)
At least a three-foot-high berm is required if the setback of the dwelling unit is increased to 125 feet and the setback of accessory buildings and accessory structures is increased to 45 feet.
D.
The rear of a reverse frontage lot shall be that portion of the lot which abuts the primary road.
§ 180-93 Outdoor lighting.
In connection with, as part of or incidental to any use of land:
A.
No outdoor floodlight or spotlight and no light beam or emission from any light, whether indoor or outdoor, shall be directed toward any point off the premises.
B.
The following types of outdoor lighting are prohibited: any searchlight, flashing light, blinking light, moving light, rotating light, oscillating light, shuttered light or similar device, strobe light, fluttering light or any other light of which the intensity and color is not maintained constant, as perceived by the human eye, when in use.
§ 180-94 Special setbacks.
[Amended 1-29-1997 by Ord. No. 1805-97]
A.
Setbacks from streams and ponds. All buildings or structures in a floodplain shall be subject to the setback from stream requirements and all other requirements of Chapter 83, Flood Damage Prevention, as amended and supplemented. In addition, no building, paved area or leaching field from an individual sewage disposal system shall be located within 50 feet of the top of the bank of any stream or pond shown on the most recent United States Geological Survey topographic maps of Moorestown or from any other stream having a continual flow.
B.
Buffer strip from streams. There shall be a buffer strip from streams consisting of the area in the stream corridor. This buffer strip shall be in addition to, and shall not limit nor be limited by, the setback from streams and ponds provided for in § 180-94A. The landward edge of this buffer strip shall be delineated by monuments as defined by § 158-28. No septic systems shall be in the portion of the buffer strip which is within the one-hundred-year floodplain.
(1)
There shall be no disturbance within the buffer strip (other than that permitted by Subsection B(3) and (4) of this subsection), including but not limited to grading and the placement of buildings or structures. Further, no buildings or structures shall be enlarged, altered and/or moved within the buffer strip.
(2)
The land area within this buffer strip shall not be subtracted from the gross buildable area of the lot.
(3)
The buffer shall provide for the preservation and enhancement of natural vegetation or plantings approved by the Zoning Officer. No live vegetation may be removed and no desnagging shall occur within the buffer strip. This provision shall not apply to any desnagging or removal of diseased, dying or dead trees, or to other vegetation that in the opinion of the Zoning Officer presents safety or health hazards.
(4)
Where a lot owner removes live vegetation from the buffer strip, in violation of this section or otherwise, the Zoning Officer shall require native vegetation of reasonable diameter in size to be planted so as to create a buffer strip area which is in compliance with this section. A vegetative recommendation can be made by the Environmental Advisory Committee or Soil Conservation Service, if requested by the Zoning Officer. This provision shall be in addition to any and all penalties provided by law.
(5)
The applicant or landowner shall have the option of creating a conservation easement in a form acceptable to the Township to be dedicated to the Township for the purpose of preserving the buffer strip. The Township shall have the right to either accept or reject any such conservation easement.
[1]
Editor's Note: This ordinance also provided for the relettering of former Subsection B as Subsection C.
C.
Setbacks from railroads.
(1)
All dwellings constructed after January 1, 1997, shall be located so that the front of each dwelling is not less than 75 feet and the side and rear of each dwelling is not less than 100 feet from the closest rail of all active railroad mainline and siding track.
(2)
All dwellings constructed prior to January 1, 1997, shall maintain at least a seventy-five-foot setback from the closest rail of all active railroad mainline and siding track.
§ 180-95 Prevention of erosion and siltation.
In order to prevent stream bank erosion and stream sedimentation, no soil removal or excavation of land which drains into and which is within 200 feet of the top of the bank of any stream or pond as shown on the most recent United States Geological Survey topographical maps of Moorestown or from any other stream having a continual flow shall take place unless there is first obtained from the Zoning Officer a soil removal or excavation permit. No such permit shall be issued unless there is submitted by the applicant for a permit an erosion and sediment control plan, which plan shall be approved by the Director of Public Works or his designated representative. In the event of disapproval, the applicant shall have the right of appeal to the Board of Adjustment. Any appeal to the Board of Adjustment shall be referred to the Planning Board for review and recommendation before being passed on by the Board of Adjustment.
§ 180-96 Conditional uses.
[Amended 1-24-1977 by Ord. No. 855; 8-22-2005 by Ord. No. 25-2005.5-10-2021 by Ord. No. 15-2021; 8-9-2021 by Ord. No. 26-2021; 5-22-2023 by Ord. No. 10-2023; 11-13-2023 by Ord. No. 25-2023; 3-11-2024 by Ord. No. 4-2024; 3-11-2024 by Ord. No. 7-2024; 6-10-2024 by Ord. No. 15-2024; 3-10-2025 by Ord. No. 4-2025]
A.
Applications for conditional uses approval, or expansion of a conditional use, shall be submitted to the Zoning Officer accompanied by plans and specifications, including a site plan containing the information required by the Land Subdivision and Development Ordinance, unless a waiver of site plan is requested.[1] The Zoning Officer shall transmit such application and plans to the Planning Board, together with his report on compliance with the applicable area requirements and special requirements. No zoning permit for such uses shall be issued by the Zoning Officer, except when approved by the Planning Board, or following the Zoning Board's grant of a conditional use variance.
B.
The Planning Board, after a public hearing, shall grant or deny an application for a conditional use within 95 days of a complete application by an applicant to the Zoning Officer or within such further time as may be consented to by the applicant.
C.
Notice of a public hearing shall be given as required by N.J.S.A. 40:55D-12.
D.
In evaluating an application for a conditional use, the Planning Board shall employ the standards set forth in § 180-107 of this chapter and may attach such conditions to its approval of a conditional use as it may deem necessary to satisfy said standards.
E.
In addition to the conditional uses specified in other sections of this chapter, the following uses shall be permitted as conditional uses following approval by the Planning Board:
(1)
Outdoor carnival, bazaar, circus or similar project or activity when conducted or sponsored by a local charitable, philanthropic or public purpose and not for pecuniary profit.
(2)
Extensions of or additional railroad sidings.
(3)
Breweries, distilleries and wineries subject to the following criteria:
(a)
A limited licensed brewery, craft distillery or winery facility, provided it is licensed by New Jersey as per N.J.S.A. 33:1-10(1b), (3d) or (2a) respectively.
(b)
A plenary brewery licensed facility, when licensed by New Jersey as per N.J.S.A. 33:1-10(1a), is permitted in the BP-1 zoning district. The holder of this license shall be entitled to brew any malt alcoholic beverages and to sell and distribute the products to wholesalers and retailers licensed in the State of New Jersey.
(c)
A limited brewery licensed facility (hereafter "brewery"), when licensed by New Jersey as per N.J.S.A. 33:1-10(1b), is permitted to brew and sell malt alcoholic beverages for consumption on premises and for consumption off premises in a quantity of not more than 15.5 fluid gallons per person.
(d)
A craft distillery licensed facility (hereafter "distillery"), when licensed by New Jersey as per N.J.S.A. 33:1-10(3d), is permitted to manufacture and sell distilled alcoholic beverages for consumption on premises and for consumption off premises of not more than five liters per person.
(e)
A plenary winery licensed facility (hereafter "winery"), when licensed by New Jersey as per N.J.S.A. 33:1-10(2a), is permitted to sell wine at retail to consumers on the licensed premises of the winery for consumption on or off premises and to offer samples for sampling purposes only.
(f)
A brewery, distillery or winery may operate for business to serve customers seven days per week. On Sundays, a brewery, distillery or winery may not conduct business by serving customers before 12:00 noon. Sunday through Saturday, a brewery, distillery or winery shall stop serving customers no later than 10:00 p.m. The customers in the above facilities may remain for one hour after service cutoff time to finish beverages served prior to the cutoff time. A brewery, distillery or winery is permitted to manufacture their product at any time during any day.
(g)
A brewery or distillery shall not sell food or operate a restaurant on the licensed premises, including in any outdoor facility of the brewery or distillery. However, pretzels, potato chips, nuts, or similar prepared snack foods are not prohibited from being provided without charge.
(h)
Live entertainment is permitted inside a brewery, distillery or winery on Friday and Saturday only. Live entertainment must cease no later than 10:00 pm. Televisions, radios, and recorded music is permitted in compliance with any applicable noise provisions of the Township Code. No music shall be permitted outside the building.
(i)
A brewery, distillery, or winery may provide an outdoor seating area which shall be controlled by and adjacent to a brewery, distillery, or winery provided that the Alcohol Beverage Control (ABC) has approved such outdoor seating within the licensed premises area. Customers using the outdoor seating facility must be seated in a seat at a table in an approved location.
(j)
Brewing, distilling or winemaking may occur in the basement area of the facility provided that the basement area conditions are safe and sanitary. Since the statute provides for tours of a brewery or distillery, production areas must be safe for those who would be touring the brewery or distillery. Adequate egress/ingress and handicap accessibility must be provided.
(k)
Plans shall be submitted that include a scale diagram of the entire interior of the brewery, distillery or winery showing the location of all receiving, storage, brewing or distilling area, servicing, seating and waiting areas, waste removal and garbage storage areas, and the intended location of tables, counters, bars and their respective seats or chairs.
(l)
Storage of waste materials and garbage shall be in enclosed containers which shall be stored inside the main building or in a separately enclosed structure that will completely confine odors and obstruct view of the waste/garbage.
(m)
Sale of product, tasting, storage, brewing, distilling or winemaking, and office support may occur in the basement, or on a first or second floor.
(n)
A system to vent brewing, distilling, and other exhausts and/or odors shall be provided. This shall include the requirement of filters or other technology with adequate means of eliminating oils, grease and odors from the exhaust. Such vents shall be interior and exit through the roof.
(o)
A brewery, distillery or winery is required to provide motor vehicle parking in accordance with any applicable provisions of the Township Code.
(4)
A Cannabis Business, as defined in Chapter 52 of the Code of the Township, subject to the following criteria:
(a)
The Cannabis Business must hold a license issued pursuant to the “New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act” (N.J.S.A. 24-6I-31 et seq.), and pursuant to Chapter 52 of the Code of the Township of Moorestown.
(b)
In the SRC-1 Zoning District, the building in which a Cannabis Business is located shall be set back a minimum of 200 feet from the boundary of any residentially used lot.
(c)
In the BP-1 Zoning District, no cannabis business shall be permitted to be located on a lot that borders upon a residentially zoned lot.
(d)
The building in which a Cannabis Business is located shall be set back a minimum of 1,000 feet from any building operated as a public or private school educating children grades one (1) through twelve (12), and shall be set back 500 feet from the boundary of any lot on which 10 a public park is located, unless there is a state highway between the public park and the cannabis business. For purposes of this subsection, the applicable measurement shall be made to the footprint of the building containing the Cannabis Business. However, in the case of a multi-unit building, the applicable measurement shall be made to the portion of the building in which the Cannabis Business is located.
(e)
A Cannabis Cultivator or Manufacturer may only be located in an existing structure, not in new construction.
(f)
The hours of operation for a Cannabis Retailer shall be limited to between 10:00 a.m. and 9:00 p.m. Monday to Saturday, and between 12:00 noon and 6:00 p.m. on Sunday.
(g)
The Cannabis Business must be conducted entirely inside an enclosed structure; no outdoor Cannabis growing or outdoor storage of Cannabis Products shall be permitted.
(h)
A security plan satisfactory to the Chief of Police shall be provided.
(i)
The only signage permitted shall be one non-internally, non-neon lit, sign measuring a maximum of twenty (20) square feet, which does not use slang terms (such as, but not limited to “pot,” “weed,” “marijuana,” “420” or the like), and which does not use any imagery to identify the product sold at the premises.
(j)
A plan shall be submitted that include a scale diagram of the entire interior and exterior of the premises showing the location of all operations, any seating and waiting areas, waste removal and garbage storage areas.
(k)
No onsite consumption of Cannabis Products shall be permitted, and adequate signage shall be provided to ensure patrons are aware no onsite consumption is permitted.
(l)
No retail sales to visibly intoxicated individuals shall be permitted, and adequate signage shall be provided to ensure patrons are aware of same.
(m)
All storage of waste materials and garbage shall be in enclosed containers that shall be stored inside the main building or in a separately enclosed and secured structure that will completely confine odors, and obstruct view of the waste/garbage.
(n)
An odor mitigation plan shall be provided. This shall include the requirement to utilize filters or other technology with adequate means of eliminating odors from the exhaust. Such vents shall be interior and exit through the roof.
(o)
The Cannabis Business use is to be considered the principal use and not an accessory use.
(5)
A Cooperative Sober Living Residence subject to the following criteria:
(a)
A minimum of three off-street parking spaces shall be provided.
(b)
The residence shall be located a minimum of 1,000 feet from a primary or secondary school, to be measured from the school building and any associated parking lots, playgrounds, and athletic fields to the boundary of the property containing the CSLR.
(c)
The owner shall obtain a Class F license to operate a cooperative sober living residence from the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq.
(d)
Occupancy of the residence shall not exceed 10 individuals, exclusive of the operator.
(e)
No on-site counseling therapy, clinical treatment, or alcohol and/or drug treatment will be provided at the residence. At the time of application, the applicant shall provide documentation affirming compliance with this condition.
(f)
The residence shall be managed by an entity or organization that provides an operator who shall reside in the residence, establish the residence's rules, and exercise control over the operation of the residence.
(g)
The operator of the residence shall ensure that prospective residents comply with the provisions of Megan's Law, as set forth in N.J.S.A. 2C:7-2(d), which state: "Upon a change of address, a person shall notify the law enforcement agency with which the person is registered and must re-register with the appropriate law enforcement agency no less than 10 days before he intends to first reside at his new address." For purposes of this condition, anyone who sleeps in the residence shall be considered to have their "address" at the residence.
(6)
Warehouse and distribution centers known as last-mile fulfillment centers having a floor area of 50,000 square feet to 150,000 square feet, micro fulfillment centers and traditional warehouses.
(a)
The submission of an impact study shall be required as part of the land use approval. The analyses included in the impact study shall evaluate the following:
(b)
It is recommended that enhanced green infrastructure measures be utilized on the site. Solar panels on the warehouse roofs or in parking lots are encouraged and if not proposed, the applicant shall explain why they are not proposed.
§ 180-97 Payment of municipal taxes and assessments.
[Amended 6-24-1991 by Ord. No. 1577-91]
Neither the Planning Board nor the Board of Adjustment shall hold public hearing on any application until proof has been submitted that there are no municipal taxes or assessments for local improvements due or delinquent on the subject property.
§ 180-98 Height provisions for municipal uses.
[Added 3-10-1980 by Ord. No. 1024; amended 1-27-1996 by Ord. No. 1767-96]
Municipal uses shall be exempt from all height restrictions.
§ 180-99 Amateur radio antennas and antenna support structures.
[Added 11-23-1987 by Ord. No. 1388]
A.
Antenna support structures of amateur radio operators licensed by the Federal Communications Commission may, as of right, have a height not exceeding 65 feet above grade, subject to the provisions of this section. The height shall be measured vertically and shall include the height of any building upon which the antenna support structure is mounted. Every antenna and antenna support structure shall be located in conformity with § 180-84, as the same may be amended and supplemented, and, in any case, to the rear of the front line, or extended front line, of the main building on the same lot.
B.
Antennas may be located above the antenna support structure as reasonably necessary for effective radio communications.
C.
Where the height of an antenna support structure is to exceed the height otherwise permitted in a district, the Planning Board shall review the site plan, including details of proposed structures and such other information as may be submitted by the applicant to the Building Inspector, and may impose reasonable conditions on the proposed construction necessary to protect public health and safety and to serve the purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq., as amended and supplemented) and other applicable law, including, to the extent permitted by law, the protection and promotion of aesthetic interests. The Planning Board shall afford the public an opportunity to be heard as part of the review process upon such notice to be given as the Planning Board deems appropriate.
D.
Upon the Federal Communications Commission licensed operator's cessation of ownership or leasehold rights in the subject antenna support structures or upon the loss of his or her federal amateur radio operator's license, whichever shall occur earlier, the operator shall forthwith (but in no case later than 30 days alter written notice to the operator and to the owner of record of the subject lot, if known, or, if not known, then to the assessed owner, sent by certified mail, return receipt requested) safely remove all antenna support structures at no expense to the Township.
E.
In the event that said operator shall fail during said thirty-day period to remove the antenna support structures pursuant to Subsection D above, it shall be the duty, responsibility and obligation of the owner of the subject lot upon which any or all of such antenna support structures are located to remove such structures forthwith at no expense to the Township.
§ 180-99.1 Parking of certain motor vehicles in residence districts.
[Added 6-13-1988 by Ord. No. 1397]
A.
No motor vehicle (other than a motor vehicle used only for recreational purposes) in excess of one ton manufacturer's rated capacity shall be permitted to be parked outdoors (including on any street) or garaged in any residence district, except for service and delivery purposes. Residence districts shall include the following zoning districts: R-1, R-1-A, R-1-A-OS, R-2, R-3, SC, RTC-1, RTC-2, CRO, CIO and CHS and other residence districts this chapter may provide for in the future.
B.
Garages used for the parking of motor vehicles in excess of a one-ton manufacturer's rated capacity, located within the designated zoning districts and existing on June 1, 1988, shall be exempt from this section.
C.
There shall be no limit on the number of motor vehicles used upon a farm or on the number of pieces or units of construction equipment used on-site for construction purposes.
§ 180-99.2 Fence regulations.
[Added 5-14-1990 by Ord. No. 1521-90; amended 6-13-2011 by Ord. No. 18-2011]
A.
Fences higher than six feet in height in residential zones are prohibited, except in those limited instances that meet all of the requirements of Subsection D.
B. FENCE
Definitions. As used in this section, the following terms shall have the meanings indicated:
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
C.
All permitted fences shall be situated on a lot in such a manner that the finished side of such fence shall face adjacent properties. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms, and except further that fences permitted for commercial, industrial or public utility uses may be topped by a barbed-wire protective barrier if such fence is a minimum of six feet in height. No fence shall be permitted to alter or impede the natural flow of water in any stream, creek, drainage swale or ditch. In addition, all fences on corner or reverse-frontage lots shall meet the requirements in §§ 180-87 and 180-92.
D.
On any lot in any residential district, other than a lot used for institutional or public utility purposes, no wall or fence shall be erected or altered so that such wall or fence is over three feet in height in front yard areas (for the purpose of this subsection, the front yard area is defined as the area between the house and the street) and six feet in height in rear and side yard areas, except that tennis courts may be surrounded by a nonopaque fence, a maximum of twelve feet in height. Said fence may not be located within the required building setback requirements.
[Amended 8-8-2022 by Ord. No. 16-2022]
E.
A private residential swimming pool area shall be surrounded by a fence at least four feet in height but no more than six feet in height and shall not be located within the required front yard setback area.
§ 180-99.3 Use and parking of temporary office trailers and storage trailers used for construction purposes.
[Added 9-12-1994 by Ord. No. 1712-94; amended 3-13-1995 by Ord. No. 1737-95]
Any person, corporation or other legal entity wishing to park or maintain either a temporary sales and/or construction office or a temporary construction storage trailer within the Township of Moorestown must meet the following standards for each:
A.
Construction storage trailers shall only be permitted on sites where construction is taking place for which an active building permit has been issued or where active subdivision construction is occurring. For purposes of this section, active subdivision construction does not include installation of landscaping, sidewalks or the final street paving course.
(1)
No more than one storage trailer shall be permitted per residential lot under construction up to a maximum of three storage trailers per residential subdivision or other nonresidential construction project.
(2)
A zoning permit shall be required for each storage trailer. Any permits issued shall be valid for a period of six months but may be renewed for one additional three-month period. Time periods of greater than nine months shall only be granted through site plan approval issued by the Planning Board. All storage trailers shall be removed prior to the time of issuance of a certificate of occupancy for the specified construction or release of a subdivision performance bond.
(3)
Storage trailers shall meet all building setbacks established for the zoning district in which they are to be located.
(4)
No movement of equipment or supplies to or from the storage trailer shall take place before 7:00 a.m. or after 7:00 p.m., Monday through Saturday. During daylight saving time, the permitted hours shall be extended to 8:00 p.m.
B.
Temporary construction office trailers shall receive minor site plan approval by the Planning Board prior to being placed on site. The Planning Board shall require the following:
(1)
A site plan showing the proposed location of the construction office trailer which meets all required setbacks for the zone in which it is to be located shall be provided.
(2)
Only one construction office trailer shall be permitted for each subdivision or multifamily project.
(3)
Construction office trailers shall not be allowed for single-family, detached residential lots for individual house construction.
(4)
Construction office trailers may be approved for an initial period of 18 months. Any time extensions shall be approved by the Planning Board after a review of alternate locations that will minimize impacts on occupied homes.
(5)
Permitted sites; removal and reinstatement.
(a)
Construction office trailers shall only be permitted on sites where construction is taking place for which an active building permit has been issued or where active subdivision construction is occurring. For purposes of this section, active subdivision construction does not include installation of landscaping, sidewalks or the final street-paving course.
(b)
If at any time construction ceases for 60 continuous days, the construction office trailer shall be removed from the site. The Planning Board may allow reinstatement of the construction office trailer after minor site plan approval.
(6)
Use of construction office trailers shall be limited to the hours of 7:00 a.m. to 7:00 p.m., inclusive, except that during daylight savings time, the permitted hours shall be extended to 8:00 p.m.
(7)
Temporary construction office trailers for nonresidential development shall not be required to receive minor site plan approval by the Planning Board, provided that the proposed location of the trailer meets all required setbacks for the zone in which it is to be located, conforms to the requirements of § 180-99.3.B(2) through (6), and receives approval by the Township Engineer prior to being located on the site. The applicant shall be required to submit a location plan, all information requested by the Township Engineer, and sufficient escrow to cover the cost of the Township Engineer’s review.
[Added 10-24-2011 by Ord. No. 32-2011]
C.
Temporary sales office trailers shall receive minor site plan approval by the Planning Board prior to being placed on site. The Planning Board shall require the following:
(1)
A site plan showing the proposed location of the sales office trailer which meets all required setbacks for the zone in which it is to be located.
(2)
A circulation plan showing the locations of parking areas and access points. Such areas shall be surfaced with six inches of crushed stone or four inches of asphalt.
(3)
A landscape plan showing a foundation planting plan. Plant material shall contain a mixture of evergreen and deciduous plants.
(4)
Only one sales office trailer shall be allowed for each subdivision or multifamily project.
(5)
Use of sales office trailers shall be limited to the hours of 7:00 a.m. to 7:00 p.m., inclusive, except that during daylight savings time, the permitted hours shall be extended to 8:00 p.m.
(6)
Sales office trailers may be approved for an initial period of 18 months or until the certificate of occupancy for the unit representing 50% of the total number of units in the project is issued. The Planning Board may grant time extensions.
D.
Temporary combination construction/sales office trailers shall receive minor site plan approval by the Planning Board prior to being placed on site. The Planning Board shall require the following:
(1)
All items required by § 180-99.3C(1) through (5).
(2)
All items required by § 180-99.3B(4) and (5)(a).
§ 180-99.4 Awnings.
[Added 9-22-1997 by Ord. No. 1837-97]
A.
Legislative intent. It is the intent of the Township Council to place certain restrictions and regulations on awnings located in the CRO Commercial Retail Office, CHS Commercial Highway Service, CIO Commercial Institutional Office, SRC Specially Restricted Commercial, and C Commercial Districts within the Township of Moorestown.
B. AWNING
Definition.
Any roof-like structure made of cloth, plastic, metal or other substance with a frame attached to the wall of a building and providing overhead protection from the weather.
C.
Permit requirements. Zoning and building permits shall be required for construction, erection, alteration, location and/or relocation of any awning defined within this article.
D.
Design and location.
(1)
All awning construction shall comply with current building codes, as outlined by the Uniform Construction Code of the State of New Jersey, and the awning fabric or coating shall not be glossy or reflective.
(2)
All first-floor awnings shall have a minimum clearance of seven feet from the sidewalk and project no more than four feet from the building.
(3)
Awnings shall not extend into the street right-of-way.
(4)
Awnings shall not be internally illuminated.
(5)
Other than the street address number and the business name which would replace a legally permitted facade sign, awnings shall not be permitted to display letters, logos or symbols.
(6)
Awnings shall be maintained in good condition and appearance.
§ 180-99.5 Setback exceptions for wheelchair ramps.
[Added 6-13-2011 by Ord. No. 13-2011]
The Zoning Officer may authorize installation of a wheelchair ramp within a required setback in compliance with the following criteria:
A.
The applicant has submitted a letter from a licensed physician specifying that the wheelchair ramp is necessary to accommodate a resident of the property.
B.
The wheelchair ramp shall be designed so as to encroach into the required setback the minimum distance feasible.
C.
The wheelchair ramp shall not encroach into any recorded easement or into the public right-of-way.
D.
The encroachment into the required setback shall be removed when the individual requiring the wheelchair ramp no longer resides on the property or the wheelchair ramp is no longer required.
E.
The wheelchair ramp shall be designed and constructed in accordance with the applicable provisions of the Americans with Disabilities Act (ADA).
§ 180-99.6 Outdoor dining.
[Added 11-29-2021 by Ord. No. 37-2021]
A.
Outdoor dining permitted. All restaurants, cafeterias, dining establishments, and food courts, with or without a liquor license, and all holders of a liquor license with retail consumption privileges, ["establishment"] are permitted to offer in-person service at outdoor areas, provided that the establishment obtains an outdoor dining permit from the Township of Moorestown for outdoor dining in accordance with the requirements set forth herein.
B.
Permit required. The outdoor dining permit application shall include a completed application, signed and dated by the owner of the establishment, or such owner's authorized agent, together with a plan depicting the existing and proposed layout and location of such outdoor tables/seating, which shall also include a confirmation of the number of existing approved tables/seats, a depiction of all aisles, routes of ingress and egress, clearances/distances between tables and between the seating area and any curbline or sidewalk line, trash receptacles, any proposed lighting, and any proposed structures to protect the outdoor dining area from the elements. In addition to the creation and/or expansion of the outdoor dining area, the application and plan may include proposed awnings, tents, pergolas and other similar devices to protect the outdoor dining area from the elements, and any additional wiring, heating and/or electrical changes that are proposed within this new outdoor seating area. If the owner of the establishment is not the owner of the property, the property owner must also sign the application.
C.
Expanded outdoor dining areas. The application and plan for outdoor dining may propose expanded outdoor dining areas including, but not limited to, decks, patios and sidewalks and relatively level grass areas contiguous with the establishment, provided that any area proposed for outdoor seating/dining must be accessible from the establishment, shall not obstruct the free flow of pedestrian traffic, and shall provide a safe location for the patrons. The total amount of seats available to patrons shall not exceed the permitted occupancy of the establishment or such other occupancy that can reasonably and safely be accommodated with support of a parking analysis. In the event the outdoor dining area is proposed to be located in the right of way in front of a neighboring property, it must be an immediate neighboring property and written consent of the neighboring property owner shall be provided as part of the application. If the neighboring property is not owner-occupied, the written consent of any tenant(s) shall also be provided.
D.
Review of permit application. The application and plan for an outdoor dining permit shall be reviewed by the Township Zoning Officer, Construction Official, Fire Official and Police Department ("reviewer"). In the discretion of any reviewer, additional information needed to process the application may be required and must be submitted by the applicant. The outdoor dining permit does not replace, or eliminate the need for, any construction permit required for any structure or improvement at the establishment's outdoor dining area.
E.
Standards for permits. The following standards are created for the outdoor dining areas:
(1)
Outdoor dining areas must be designed and operated in accordance with State of New Jersey, Department of Health and any applicable County Health Department requirements.
(2)
Outdoor dining areas may be located on decks, patios, sidewalks and relatively level grass areas, contiguous with the establishment.
(3)
If the contiguous area is located in a county right-of-way, approval from the county must be obtained.
(4)
Lighting will be required if the outdoor dining area is proposed to be utilized after dusk and there is inadequate existing lighting.
(5)
A nonenclosed tent, awning or umbrellas may be utilized within an outdoor dining area provided they do not restrict pedestrian access. Fire Department approval must be obtained if applicable.
(6)
Serving stations and a host podium may be located within an outdoor dining area. There shall be no outdoor cooking allowed.
(7)
No change in grading will be permitted in order to create an outdoor dining area.
(8)
Establishments with existing outdoor dining areas may seek to expand the existing area in accordance with the regulations set forth herein.
(9)
The operator of an outdoor dining area shall be responsible to provide, maintain and empty an adequate amount of outdoor trash receptacles for the outdoor dining area, and shall not be permitted to dispose of trash into municipal trash receptacles.
(10)
The operator of an outdoor dining area shall be responsible for maintaining a sanitary, safe, litter-free and well-kept appearance of the property at all times.
(11)
Adequate provision for pedestrian safety must be provided. To allow for pedestrian circulation, a minimum of five feet of sidewalk along the curb and to the entrance of the establishment shall be maintained free of tables and other encumbrances.
(12)
Planters, posts with ropes, wrought iron railings, or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the outdoor dining area.
(13)
To the extent possible, all elements of the outdoor dining area shall be compatible with the architectural character of the building where the establishment is located.
(14)
Outdoor dining areas may have outdoor heaters, provided same are in locations identified on the plan and subject to inspection by the Township Zoning Officer and/or the Fire Department.
(15)
Establishments with outdoor dining areas shall not be entitled to additional signage, over and beyond what is permitted for the restaurant use.
(16)
Establishments with on-premises retail consumption privileges are responsible for compliance with the New Jersey Alcoholic Beverage Control Commission.
(17)
An outdoor dining permit may be amended or revoked if the Township Manager or his or her designee identifies a safety issue that may involve but not be limited to traffic, fire, pedestrian safety and trash management, or if the establishment fails to comply with applicable sanitary and cleaning standards, or other requirements issued by the State or County Department of Health or the Township, including but not limited to the requirements of this chapter.
F.
General permit conditions. Outdoor dining permits shall be subject to the following general conditions:
(1)
The Township reserves the right to amend or revoke any outdoor dining permit at any time, in the Township's sole discretion, if conditions of the permit are not adhered to.
(2)
For any outdoor seating/dining activities on public property or in a public right-of-way, the establishment shall provide a certificate of insurance, with acceptable limits of coverage, naming the Township as an additional insured, and shall indemnify and hold harmless the Township, its employees, agents and/or officers from all claims, losses, liens, expenses, suits, including costs and attorney's fees, arising out of the placement, operation and maintenance of the outdoor dining area approved by said outdoor dining permit.
(3)
All expenses and expenditure of any funds in reliance on the provisions of the outdoor dining permit shall be at the establishment's sole and exclusive cost and expense.
(4)
Any changes to a permit granted hereunder shall require the submission of a new permit application.
G.
Existing approvals; hours of operation. Nothing herein shall prevent the continued use of an outdoor dining area at any establishment already authorized and approved by the Township pursuant to any prior site plan or other land use approval. Outdoor dining areas authorized by an outdoor dining permit shall be conducted during the same hours of operation currently applicable to the establishment. Outdoor dining areas approved under Ordinances 16-2020 and/or 18-2020 expire on November 30, 2022, in accord with state law, and any restaurant operating under those ordinances must re-apply to continue any outdoor dining areas beyond that date.
H.
Approvals. Administrative approval of outdoor dining may be permitted as determined by the Township Manager or his/her designee prior to the issuance of an outdoor dining permit. The issuance of an outdoor dining permit for outdoor dining, including, but not limited to, location, scope, setbacks and size of the outdoor dining area, is solely in the discretion of the Township. In order for an application to be considered for administrative approval, the following must be met:
(1)
There must be an approved site plan on file with the Township for the site.
(4)
No new impervious cover is proposed.
(5)
The cost for the administrative review by the Department of Community Development shall be the responsibility of the applicant as set forth in § 158-14B(6), Informal conceptual review. Escrow shall be posted in the amount of $250 for less than three tables, $500 for less than six tables, $1,500 for six or more tables.
§ 180-99.7 Oxford House Model Recovery Homes.
[Added 3-11-2024 by Ord. No. 7-2024]
A.
Oxford House Model Recovery Homes shall be a permitted use in all residential districts and regulated in the same manner and to the same extent as single-family dwellings.