Moorestown City Zoning Code
ARTICLE IV
R-1 Residence Districts
§ 180-8 Use restrictions and regulations.
In all R-1 Residence Districts the following uses, and no others, of lands and buildings are permitted:
A.
Agricultural use, including nursery, tilling of the soil and the keeping of poultry, horses and livestock other than pigs, provided that
B.
A single-family detached dwelling.
C.
A public school under the control of the Moorestown Township Board of Education; a private day school, not operated for profit, at the elementary of high school grades; a municipal building; or a municipal use.
D.
A church or similar place of worship, subject to the following standards:
[Added 3-10-1997 by Ord. No. 1813-97[1]]
(1)
Site plan. A site plan shall be filed by the applicant which shall comply with the requirements of Chapter 158, Subdivision of Land.
(2)
Yard and setback minimum requirements:
(a)
Front yard setback for buildings from any public street shall be controlled by the standards of the zone in which the church is located.
(b)
Side yard setback for buildings shall be controlled by the standards of the zone in which the church is located.
(c)
Setback from rear property lines for buildings shall be 25 feet.
(d)
Setback for any parking area shall be 15 feet.
(3)
Buffers.
(a)
Minimum landscaped buffer from any side or rear property line shall be 15 feet wide.
(b)
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; and deciduous shrubs, at a minimum size of two to three feet when planted. The Planning Board, when considering a site plan, may require the buffer to be enhanced by berms, fences or walls to provide an effective screen with neighboring residential uses.
(6)
Lot coverage. Not more than 35% of the area of any lot may be occupied by buildings and not more than 70% of any lot may be occupied by buildings, paving or other impervious surfaces.
[1]
Editor's Note: This ordinance also redesignated former Subsection D as Subsection I.
E.
A roadside stand for the sale of farm or nursery products produced on the lot where offered for sale, provided that such stand shall be situated not less than 15 feet from any street line.
G.
An accessory use of accessory structure on the same lot with and customarily incidental to any of the foregoing permitted uses, provided that the terms "accessory use" and "accessory structure" shall not be construed to include a business, and no goods shall be publicly displayed on the lot in connection with any accessory use permitted under this subsection, but the terms "accessory use" and "accessory structure" shall include:
(1)
A tenant house.
(2)
A minor home occupation, conducted by a person who makes the residence his or her primary dwelling and is issued a zoning permit, provided that the use meets the following standards:
[Amended 6-14-1993 by Ord. No. 1666-93]
(a)
The use shall be conducted entirely within the dwelling.
(b)
No more than 25% of the living area of the dwelling shall be used for such occupation.
(c)
Merchandise shall not be displayed outside of the dwelling or sold directly to any person visiting the dwelling.
(d)
No client, customer, patient or patron shall be permitted to be upon the site for business or professional purposes.
(e)
No sign identifying or advertising the use shall be permitted.
(f)
There shall be no exterior appearance of a business.
(g)
One commercially licensed vehicle, which does not exceed one ton rated capacity owned or leased by the resident of the dwelling.
(h)
The use shall not include the employment of any persons not residing on the premises in the performance of the occupation.
(i)
The use shall produce no noise, odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception at the property line.
(j)
The use shall not have incoming truck deliveries on a continuing or routine basis.
(k)
The use shall not generate heavy traffic (weight or frequency).
(3)
A major home occupation, conducted by a person who makes the residence his or her primary dwelling and which is approved as a conditional use by the Planning Board, provided that the use meets the following standards:
[Added 6-14-1993 by Ord. No. 1666-93[3]]
(a)
The use shall be operated entirely within the dwelling or permitted accessory structure. Where a garage is used, additional off-street parking shall be provided in a manner not detracting from the character of the surrounding area.
(b)
No more than 25% of the living area of the dwelling and not more than 400 square feet of an allowed accessory structure shall be used for such occupation.
(c)
The use shall require no remodeling of the exterior of the dwelling or accessory structure that changes its residential character.
(d)
No more than one person in addition to those who are permanent residents of the dwelling shall be permitted to work on site at any one time.
(e)
No use shall be open to the public before 8:00 a.m. on weekdays and 9:00 a.m. on weekends or after 8:30 p.m. on any day.
(f)
Two off-street parking spaces shall be provided in addition to off-street parking spaces required for the dwelling; medical and dental offices shall also provide one off-street parking place for each examining room.
(g)
One nonilluminated name plate not exceeding one square foot in area and mounted flat against the dwelling shall be permitted.
(h)
Samples shall not be displayed outside the dwelling or accessory building.
(i)
The use shall not produce any offensive noise, odors, vibrations, glare, fumes or electrical interference detectable to normal sensory perception at the property line.
(j)
Home occupations that attract customers, clients, patients or patrons to the premises for sales or service shall not be permitted in multifamily dwelling units.
(k)
The use shall not have incoming truck deliveries on a continuing or routine basis.
(l)
Unless authorized by the Planning Board, no more than one commercially licensed vehicle, which does not exceed one ton capacity owned or leased by the residents of the dwelling, shall be permitted.
(m)
The use shall not generate heavy traffic (weight or frequency).
[3]
Editor's Note: This ordinance also provided for the renumbering of former Subsection G(3) as G(5).
(4)
The following uses shall be prohibited as minor or major home occupations:
[Added 6-14-1993 by Ord. No. 1666-93]
(a)
Auto repairs, refurbishing or servicing.
(b)
Barber shop or beauty parlor.
(c)
Medical or dental offices on lots with less than 100 feet of frontage at the street line.
(d)
Painting and/or refinishing operation.
(e)
Welding or machine shop.
(f)
Real estate office.
(g)
Limousine service involving more than one vehicle; or the servicing of said vehicle on site.
(h)
Bed-and-breakfast inn, involving the renting of more than two bedrooms per night.
(i)
Occupations primarily involving public assembly, including meeting rooms, receptions or social clubs.
(5)
The renting of not more than three rooms without housekeeping privileges in a main dwelling to not more than a total of four nontransient roomers or boarders, provided that off-street parking space is available exclusively for said roomers or boarders as follows: one space for each roomer or boarder having use of motor vehicle, but in no case fewer than one space for each room so rented.
H.
Planned unit developments, subject to the requirements of § 180-10.1, are no longer valid nor applicable in the R-1 District after September 22, 2008, except, for subdivisions built under those regulations, those PUD regulations still apply.
[Added 1-25-1988 by Ord. No. 1392; amended 9-22-2008 by Ord. No. 21-2008]
I.
The following uses when authorized as conditional uses by the Planning Board in accordance with the standards included in § 180-107:
[Amended 2-10-1992 by Ord. No. 1602-92; 1-29-1997 by Ord. No. 1806-97; 3-10-1997 by Ord. No. 1813-97]
(1)
A public or private educational institution other than an institution permitted under Subsection C hereof.
(2)
A railroad or bus passenger station or terminal facilities.
(3)
A club of lodge organized for fraternal or social purposes, the buildings and services for which are for the use of members and their guests only.
(4)
A cemetery as a main use, with an area of not less than 10 acres, or a cemetery as an accessory use to a permitted religious use, with an area of not less than one acre.
(5)
A kennel, for which a state kennel license is required for the boarding, selling or breeding of dogs, subject to the following:
(a)
All kennels, except those which were licensed by the Township of Moorestown in 1971, shall have a minimum area of five acres.
(b)
All kennels shall comply with Township, county and state regulations concerning required facilities and sanitation.
(c)
After initial issuance, all permits shall be renewable annually by the Planning Board, subject to compliance with the conditions which may have been imposed the previous year.
(d)
All kennels which were licensed by the Township of Moorestown in 1971 shall be exempted from the initial approval requirements of public hearing and approval by the Planning Board but shall be subject to annual review and renewal in accordance with Subsection D(5)(c) above.
§ 180-9 Area restrictions and regulations.
[Amended 11-25-1991 by Ord. No. 1595-91; 11-13-2000 by Ord. No. 1935-00;[1] 3-11-2002 by Ord. No. 1990-02; 10-28-2002 by Ord. No. 2013-02; 11-14-2005 by Ord. No. 32-2005; 9-22-2008 by Ord. No. 21-2008; 6-11-2012 by Ord. No. 17-2012; 9-13-2021 by Ord. No. 30-2021]
In all R-1 Residence Districts, parcels of land are subject to the restrictions and regulations established in Subsections A through F below.
A.
A lot area of not less than 1.5 acres per family shall be provided for every main building hereafter erected or used in whole or in part as a dwelling. Such lot shall be not less than 200 feet in width at the building line.
B.
The maximum building coverage shall be 15%, and the maximum impervious surface shall be 25%.
C.
There shall be a front yard along each street on which the lot abuts, which yard shall not be less than 50 feet in depth, except that along streets designated as major thoroughfares said yard shall not be less than 150 feet in depth, unless the lot is part of a planned unit development having received preliminary approval prior to November 13, 2000. Notwithstanding the aforesaid, any residence located entirely or partially within the required one-hundred-fifty-foot front yard setback area may be expanded or enlarged and any residential accessory structure, including fencing, may be constructed thereon which does not further decrease the existing front yard setback area measured from the right-of-way to the front of the existing residence. However, those properties developed prior to November 13, 2000 within the 150 feet setback are considered to have a preexisting nonconforming front yard setback equal to the existing front yard setback of the home.
[Amended 8-8-2022 by Ord. No. 16-2022]
D.
There shall be two side yards on every lot, which yards shall be not less than 40 feet in aggregate width, and neither of which shall be less than 15 feet in width; provided, however, that on a corner lot, which is subject to Subsection C of this section, there shall be one side yard of not less than 15 feet in width.
E.
There shall be a rear yard on every lot, which yard shall be not less than 25 feet in depth, except that along streets designated as major thoroughfares said yard shall not be less than 150 feet in depth, unless the lot is part of a planned unit development.
F.
For reverse frontage lots and corner lots, in subdivisions where an area of open space is designed to abut a major thoroughfare and for nonresidential developments, a four-foot-high berm in a landscaped buffer of sufficient width shall be required along a major thoroughfare, designed in accordance with the standards of § 158-26.
[1]
Editor's Note: The preamble to this ordinance stated the purpose of this legislation as follows: 1. Moorestown Township has within its borders certain roads and streets that are major thoroughfares. 2. The Township is desirous of preserving open space and scenic vistas along certain major thoroughfares through the use of increased setback requirements in the R-1 and R-1-A Zones. 3. Township Council recognizes the hardship on properties with existing structures caused by modification of setback requirements in the event of a proposed expansion, relief from which shall be obtained from the Zoning Board of Adjustment on a case-by-case basis.
§ 180-10 Height restrictions and regulations.
In all R-1 Residence Districts the following height restrictions and regulations are established:
A.
No building structure or any part thereof, other than farm buildings, shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum height of 45 feet.
§ 180-10.1 Planned unit development.
[Added 1-25-1988 by Ord. No. 1392; amended 3-11-2002 by Ord. No. 1990-02; 11-14-2005 by Ord. No. 32-2005; 9-22-2008 by Ord. No. 21-2008]
Planned unit developments as defined in this section are not valid or applicable in the R-1, R-1-A or R-2 Districts after September 22, 2008, except, for subdivisions built under the PUD regulations, such PUD regulations still apply.
A.
Intent. It is the intent of this section to make possible, as a planned unit development, a modification of lot density, lot area, lot width and use requirements in R-1 Residence Districts. These provisions are hereby established in order to accomplish the following objectives:
(1)
To encourage the provision, conservation and more efficient use of open space in new residential communities.
(2)
To promote a townwide system, public and private, of parks and open space to link, where appropriate, recreation facilities and neighborhoods in a manner consistent with the Recreation, Conservation and Circulation Plans.
(3)
To encourage a pattern of development which addresses one or more of the following:
(a)
Promoting the best interest of the Township in regard to aesthetic, cultural resource, and ecological considerations and the preservation of natural resources.
(b)
Protecting floodplains, stream valleys and other environmentally sensitive areas.
(c)
Preserving unique or unusual tree masses, gardens, and natural topography.
(4)
To allow for innovation in residential development to meet the demands for a variety of housing types, sizes, designs and forms of ownership.
(5)
To provide a method for developing land for residential and recreational use to allow the grouping or clustering of dwelling units to provide a variety of housing types and to encourage flexible designs enabling the preservation of open space in selected areas while providing other associated benefits.
(6)
To buffer new housing units from high-speed, high-volume roadways and potentially conflicting nonresidential uses.
B.
Minimum tract requirement.
(1)
A minimum area of 20 acres is required for application under the provisions of this section; provided however, that properties which adjoin an approved planned unit development and which contain a minimum of five acres may also be considered for application if the plan for the parcel offers a logical continuation of the existing planned unit development's streets, utilities, open space and overall lot layout.
(2)
For tracts of less than 50 acres:
(a)
Only single-family detached dwellings shall be permitted.
(b)
The lot area shall not be less than 20,000 square feet.
(d)
A minimum of 150 feet shall be provided to any building from any major thoroughfare. This area may be included in computing the 50% open space requirement.
(e)
Areas within rights-of-way and easements for all streets shall not be included in computing the 50% open space requirement.
(f)
Areas within utility easements not granted to the Township of Moorestown shall not be included in computing the 50% open space requirement.
C.
Density. An application for a planned unit development may propose a number of dwelling units equal to the total acreage times 1.2 (rounded upward to the next whole number).
D.
Cartway and right-of-way widths. Cartway widths and right-of-way widths in a planned unit development shall be as established by the reviewing agency in light of the type, nature and variety of the housing types proposed in accordance with the intent set forth in this section.
E.
Area restrictions and regulations for single-family detached residences (excluding patio homes).
(1)
The lot area shall not be less than 15,000 square feet. The minimum lot width at the building line shall not be less than 115 feet.
(2)
Not more than 20% of a lot may be occupied by buildings.
(3)
Not more than 50% of a lot may be occupied by total impervious cover.
(4)
There shall be a front yard on each street on which the lot abuts, which yard shall be not less than 30 feet in depth, provided that on a corner lot, one of the front yards may be reduced to not less than 25 feet in depth. Front yards for lots fronting on major and minor arterial routes shall be not less than 50 feet in depth.
(5)
There shall be two side yards on every lot, which yards shall be not less than 40 feet in aggregate width and neither of which shall be less than 15 feet in width; provided, however, that on a corner lot, which is subject to Subsection E(3) above, there shall be one side yard of not less than 15 feet in width.
(6)
There shall be a rear yard on every lot, which yard shall be not less than 25 feet in depth.
(7)
Required utilities. All dwellings shall be served by public sewer and water facilities.
F.
Townhouse restrictions and regulations. The number of townhouse units shall not exceed 25% of the total number of all units proposed (rounded upward to the next whole number). Individual townhouse driveway access shall not be permitted to arterial streets or collector streets.
(1)
Maximum density for townhouse development. No more than six townhouse units per acre of the gross townhouse development area shall be permitted.
(2)
Maximum number of attached units. Townhouse structures shall be limited to no more than six units.
(3)
Distance between buildings. A minimum of 30 feet shall be provided between buildings where the adjacent facades are both end walls. A minimum of 50 feet shall be provided between buildings where one or both of the adjacent facades is a rear or front facade.
(4)
Setback requirements. The minimum setback requirements for structures containing townhouse units shall be as follows:
(5)
Height. Structures shall not exceed 35 feet in height.
(6)
Parking facilities. At least two off-street parking spaces shall be provided for each townhouse or condominium unit. Parking within a garage shall be deemed to satisfy this requirement. However, the Planning Board may require a greater number of off-street parking spaces in light of the nature and layout of the development plan. Common parking facilities, if provided, shall be appropriately screened by either landscaping, wall or earth mounds or combinations thereof.
(7)
Required utilities. All dwellings shall be served by public sewer and water facilities.
G.
Patio home restrictions and regulations.
(1)
The number of patio home units shall not exceed 35% of the total number of all units proposed (rounded upward to the next whole number).
(2)
The lot area shall not be less than 6,000 square feet. The minimum lot width at the building line shall not be less than 60 feet.
(3)
Not more than 50% of a lot may be occupied by buildings.
(4)
Setback requirements:
(a)
There shall be a front yard on each residential street on which the lot abuts, which yard shall be not less than 20 feet in depth; provided, however, that on a corner lot, one of the front yards may be reduced to not less than 15 feet in depth. Front yards for lots fronting on collector streets shall be not less than 25 feet in depth; provided, however, that on a corner lot, one of the front yards may be reduced to not less than 20 feet.
(b)
There shall be two side yards on each lot, which yards shall be not less than four feet in width, and there shall be a minimum width of 12 feet between dwellings.
(c)
There shall be a rear yard on every lot, which yard shall be not less than 10 feet in depth. Notwithstanding other regulations to the contrary, setbacks for patio homes shall be measured from the nearest point of the building foundation. Eave overhangs, chimneys, box windows and other building protrusions extending from the vertical plane of a building foundation shall not be considered in calculating building setbacks. The developer shall be permitted to create lot easements to address building encroachments on contiguous lots and for building maintenance where the wall of a patio home abuts or is in close proximity to a property line.
(5)
Each patio home lot shall contain and provide for at least two off-street parking spaces. Parking within a garage shall be deemed to satisfy this requirement. However, the Planning Board may require a greater number of off-street parking spaces in light of the nature and layout of the development plan.
(6)
The applicant shall submit to the Board at the time of preliminary subdivision application conceptual plans for development design which demonstrate that the streetscape will have an aesthetically pleasing appearance.
(7)
The applicant shall submit to the Board at the time of final subdivision application the proposed driveway location, garage orientation, landscaping and building plans, drawn accurately to scale, including front facade drawings in sufficient detail to demonstrate that the streetscape, after construction, will present a well landscaped and aesthetically pleasing appearance.
(8)
Required utilities. All dwellings shall be served by public sewer and water facilities.
H.
Golf course restrictions and regulations.
(1)
At least 50% of the gross area of the tract included in the planned unit development must be used as a golf course, open space or combination of both.
(2)
All golf courses must contain a minimum of 18 regulation holes, 80% of which must be located within the geographic boundaries of Moorestown Township. Nothing herein shall be construed to require that the clubhouse and related facilities be located within the Township of Moorestown.
(3)
All open space in the golf course shall be restricted against future development by the filing of restrictive covenants and restrictions on the filed plat. Each filed plat shall identify all open space areas and shall contain appropriate language restricting said areas.
(4)
Access to clubhouse facilities shall not be from a residential street.
(5)
The clubhouse and associated golf-related structures shall not be located within 150 feet of any residential lot line.
(6)
The center point of each tee-off area shall be located not less than 75 feet from any residential lot line.
(7)
The center line of each fairway at the first landing area or turning point shall be at least 150 feet from the closest residential lot line.
(8)
The center of each putting green shall be located a minimum radial distance of 150 feet from the closest residential lot line.
(9)
Off-street parking shall be provided in accordance with the requirements for commercial facilities in the Zoning Ordinance if the clubhouse and parking facilities will be located within the geographic boundaries of the Township of Moorestown.
I.
Open space requirements.
(1)
Minimum open space. At least 50% of the tract shall be designated by the applicant as an open space area for either public use, for use by all the residents of the proposed development or a combination of the foregoing. Such open space shall be appropriate and in suitable condition for such uses as the following: active recreation, woodland conservation area, floodplains and other scenic or special features and open spaces of such a nature as to contribute to neighborhood attractiveness and environmental protection and which further the objectives of this section. Detention basin areas may be included in computing the 50% open space requirement.
(2)
Public dedication of open space, referral to Township Council. The developer of a planned unit development may offer to dedicate the proposed open space areas to the Township. The Planning Board shall forward a copy of the plan and application for a development proposing public dedication of open space to the Township Council for a review and report as to the advisability of Township acceptance of dedication of the open space. The referral to the Council shall be made at the time of preliminary subdivision and site plan review. The Township Council report shall be delivered prior to any final Planning Board approval of the development or a portion thereof. The Planning Board may act without the report of the Council should it be necessary due to statutory time limits for application review.
(3)
Active open space limitations.
(a)
The proportions of active and passive recreation facilities provided within a planned unit development, whether public or private, shall be as reasonably determined by the Planning Board in light of the nature, layout and design of the development plan. Active open space must be located at least 100 feet from the nearest lot line of a residential lot and must be provided with a significant landscaping treatment in order to provide buffering between the active recreation use and the nearest residential lot. The Planning Board may reduce the required depth of buffering to not less than 50 feet, in consideration of existing features which reasonably substitute for the required distance, and the Planning Board may waive landscape treatment requirements if existing vegetation meets the objectives of this section.
(b)
Recreation facilities shall be reasonably accessible to the residents of the subdivision and located in the area which will not be detrimental to adjacent properties or residents by virtue of noise, light and glare. Improvements to open space areas shall be completed within two years of the issuance of the first building permit. A performance guaranty in accordance with the requirements of the Land Subdivision and Development Ordinance must be submitted to guarantee the work.
(4)
Homeowners association. The developer shall provide for an organization for the ownership and maintenance of the common open space as required by N.J.S.A. 40:55D-43a. Such organization shall be established prior to final approval being granted, unless the common open space included in the plan is dedicated to and accepted by the Township or other agency approved by the Township.
(5)
Open space design. The design, location and use of proposed open space areas must seek, to the greatest extent possible, to meet the objectives included in the statement of intent above and the following criteria:
(a)
Separate parcels of open space must be interconnected and well planned in relation to housing facilities.
(b)
Open space must be accessible to all housing units. Pedestrian links shall be provided where excessively long blocks require a circuitous route to the open space or would require an individual to utilize main thoroughfares for access.
(6)
Open space development restrictions. All open space shall be essentially unimproved and shall be restricted against future development, except for improvements that are designed to be incidental to the natural openness of the land, by the filing of restrictive covenants and restrictions on the filed plat.
J.
Findings prior to preliminary planned unit development approval. Prior to preliminary planned unit development approval, the Planning Board shall find the following:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards, pursuant to N.J.S.A. 40:55D-65c.
(2)
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.
(3)
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
K.
Procedures.
(1)
An application for a planned unit development shall include an application for preliminary subdivision approval for the entire development.
(2)
Development of proposed public improvements can proceed only after approval of an application for preliminary approval of a major subdivision and preliminary approval of a site plan. Specific sites shall not be developed until the final subdivision plans have been approved and filed and final site plans have been approved.[1]
[1]
Editor's Note: Former § 180-10.2, Conservation design subdivisions in R-1 Residence Districts, added 9-22-2008 by Ord. No. 21-2008, was repealed 9-13-2021 by Ord. No. 30-2021.