Palmyra City Zoning Code
ARTICLE III
Zoning Districts and Zoning Map
§ 158-12 Zoning Districts.
For the purposes of this code, the Borough of Palmyra is hereby divided into districts as follows:
R-1 | Residential Single-Family |
R-2 | Residential Multifamily |
TC | Town Center Commercial |
NC | Neighborhood Commercial |
HC | Highway Commercial |
OC | Office Commercial |
I | Industrial |
P | Public and Institutional |
OS | Conservation and Open Space |
§ 158-13 Zoning Map.
The boundaries of these zoning districts are established on the map entitled "Zoning Map of the Borough of Palmyra," dated January 2003, which accompanies and is hereby made a part of this code.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 158-14 Interpretation of boundaries.
A.
Boundaries. Zoning district boundary lines are intended to follow street center lines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of the enactment of this code unless otherwise indicated by dimensions on the Zoning Map.
B.
Dimensions. Any distances or dimensions listed in this code or shown on the Zoning Map are in feet (unless otherwise expressly so indicated) and are measured horizontally and, when measured from a street, are measured from the street right-of-way line even if the center line of the street is the location of the zoning district line.
C.
Disputes. The exact location of any disputed zoning district boundary line shall be determined by the Board of Adjustment, pursuant to law.
D.
Applicability. The zoning standards, controls and designations apply to every structure, lot and use within each district and the district lines extend vertically in both directions from ground level.
§ 158-15 General provisions.
A.
Effect of zoning. No land may be used and no structure may be erected, raised, razed, moved, extended, enlarged, altered or used for any purpose other than the purposes permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
B.
Subdivision and resubdivision of lots. When a new lot or lots are formed from a parcel of land, or where two or more lots are combined into a single lot, the separation or combination must be effected in such a manner as not to impair any of the provisions of this code. Moreover, when two or more lots are combined into a single lot for the purpose of an application for development, the lots shall be combined as one lot unless subsequently subdivided in accordance with the requirements of this code.
C.
Public utilities. Public utility distribution facilities required for direct local service may be located anywhere within the Borough of Palmyra wherever reasonably necessary, provided such facilities are placed within the rights-of-way of existing roads and streets or in utility easements.
E.
Nonconforming lots. A building or structure may be erected on any nonconforming lot, provided the lot, at the effective date of the most recent applicable Code, complies with the provisions of the previous Land Development regulations.
F.
Accessory buildings or structures.
[Amended 8-10-2009 by Ord. No. 2009-12]
(1)
Accessory buildings which are not an integral structural part of the principal building must comply with the requirements permitted for the zone in which they are located, and must also be situated not less than 10 feet farther back from the street line than the rearmost portion of the principal building.
(2)
See the definition of "accessory buildings or structures" in § 158-11.
(a)
Prior to the construction of any accessory building or structure, an applicant must submit a survey to the Zoning Official setting forth the precise location of the accessory building or structure and obtain a zoning permit. The Zoning Official shall determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental and subordinate to the primary use without being an attraction detrimental to the primary use.
(b)
The exterior of any accessory structure shall match the color and material of the principal structure of which it is accessory to.
(c)
The roofing material of any structure shall match the color of the roof of the principal structure of which it is accessory to.
(d)
No accessory building or garage shall be occupied for residential purposes.
(e)
No accessory use structure shall cause any increase in the on-site parking for the primary use.
(f)
A garage shall not be used for commercial purposes in any residential zone.
(g)
Only one garage, whether attached or detached, shall be permitted per residential dwelling.
(h)
The number of accessory buildings and structures in a residential zone shall not exceed two per lot.
(i)
Tarot card readings and/or establishments in which tattoos are rendered shall not be considered accessory uses unless same are customary to the primary use.
G.
Prohibited uses.
(1)
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibrations, or waste products.
(2)
Junkyards.
(3)
The use of any portable building or structure, stationary vehicle or stand of any description for the purpose of displaying or selling of food, merchandise or commodities of any kind.
(4)
The use of a bar, building or structure of a temporary nature, garage, house trailer, outbuilding, shack or tent on any lot or parcel of land for living or sleeping purposes in any district on either a temporary or permanent basis.
(5)
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] are prohibited in the Borough of Palmyra, except that the actual delivery of cannabis items and related supplies by a delivery service shall be permitted.
[Added 6-21-2021 by Ord. No. 2021-08]
[1]
Editor's Note: See N.J.S.A. 24:6I-3.
H.
Outdoor storage. The outdoor storage of goods, articles, appliances, and vehicles shall be prohibited in business and industrial districts unless items being stored are to be sold on the premises, are located to the rear of the front setback line and are screened in a manner which prevents their being viewed from any residential property. Visible storage of any kind shall not be permitted on the premises in any residential district.
§ 158-16 R-1 Residential District.
Purpose. The purpose of the R-1 District is to permit single-family residences at a density of approximately 5.80 dwelling units per acre.
B.
Permitted accessory uses: accessory structures and uses, including home occupation use and home office use, which are customarily incidental to a permitted use but not including professional offices or business offices.
D.
Area and yard requirements for R-1 Zone.
(2)
Yard requirements for principal structures.
(a)
Minimum front yard: 30 feet.
[1]
However, if a building exists on either side on the same street, such minimum front yard setback may be reduced to the distance of the largest front yard measurement of such adjacent building (i.e., if, for example, buildings adjacent to the side lot lines have been built with setbacks of 15 feet and 18 feet, respectively, then the minimum front yard setback of the subject property would be 18 feet rather than 30 feet).
[2]
The thirty-foot setback requirement does not apply to the reconstruction, replacement or repair of a current portion of the principal structure. If the entire principal structure is torn down and replaced, the minimum front yard setback requirement of 30 feet shall apply or comply with § 158-16D(2)(a)[1], regardless of the setback of the original principal structure.
(b)
Minimum one side yard: eight feet.
(c)
Minimum both side yards: 20 feet, except for a preexisting twin home within the district, which will be allowed a minimum side yard equivalent to the minimum one side yard set forth in § 158-16D(2)(b) above.
(d)
Minimum rear yard: 25 feet.
E.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-17 R-2 Residential District.
A.
Permitted principal uses.
(1)
Multifamily residential dwellings, townhouses, garden apartments.
(2)
Publicly owned park, playground, or recreational use.
(3)
Private community center, recreation centers, or recreation areas that are part of a residential development.
(4)
Municipal building or use.
(5)
Any use permitted in an R-1 District.
B.
Permitted accessory uses: accessory structures and uses, including home occupation use and home office use, which are customarily incidental to a permitted use, but not including professional offices or business offices.
D.
Area and yard requirements for R-2 Zone.
(2)
Yard requirements for principal structures.
(a)
Minimum front yard: 30 feet.
[1]
However, if a building exists on either side on the same street, such minimum front yard setback may be reduced to the distance of the largest front yard measurement of such adjacent building (i.e., if, for example, buildings adjacent to the side lot lines have been built with setbacks of 15 feet and 18 feet, respectively, then the minimum front yard setback of the subject property would be 18 feet rather than zero feet).
[2]
The thirty-foot setback requirement does not apply to the reconstruction, replacement or repair of a current portion of the principal structure. If the entire principal structure is torn down and replaced, the minimum front yard setback requirement of 30 feet shall apply or comply with § 158-17D(2)(a)[1], regardless of the setback of the original principal structure.
(b)
Minimum one side yard: 10 feet.
(c)
Minimum both side yards: 20 feet.
(d)
Minimum rear yard: 40 feet.
E.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-18 TC Town Center Commercial.
Purpose. The purpose of the TC Town Center Commercial Zone is to reinforce the retail commercial nature of the Broad Street shopping district while permitting residential uses on the second floor and above. Structures are strongly encouraged to be located on the front and/or side property line to reinforce the street line.
A.
Permitted principal uses.
(1)
General retail merchandise stores, including variety stores, general merchandise discount stores, drugstores and sporting goods stores.
(2)
Retail apparel and accessories stores, including shoe stores, furriers and custom tailors.
(3)
Retail furniture, home furnishing and equipment, including household appliance stores; hardware, paint and glass stores; and radio and television stores including services.
(4)
Retail stores, including bakeries and confectionery shops.
(5)
Eating establishments, including restaurants, lunch counters, delicatessens, tearooms, confectioneries or similar establishments serving food or beverages.
(6)
Retail shops, including camera, book, stationery, antique, musical supply, cosmetic, candy, flower, hobby, jewelry and leather and luggage shops.
(7)
Offices for the conduct of medical and other professions, real estate and insurance, messenger or telegraph services and general and administrative offices.
(8)
Office business shops, with sales and services only.
(9)
Dry-cleaning, barber, beautician, shoe repair and tailor shops.
(10)
Government offices serving the public, including a post office or other public or semipublic offices.
(11)
Libraries and museums.
(12)
Job printing and newspaper sales.
(13)
Service and repair shops, including carpenter, cabinetmaking, furniture repair, plumbing or similar shop.
(14)
Office of a builder, carpenter, caterer, cleaner, contractor, decorator, electrician, furrier, mason, painter, plumber, roofer, upholsterer and similar nonnuisance businesses, excluding open storage of materials and excluding open storage of motor vehicles.
(15)
Laboratory, dental and medical.
(16)
Catering establishment.
(17)
Business and instructional school, including trade school.
(18)
Dance studios.
(19)
Clubs and lodge halls for fraternal organizations and meeting places, public or private.
(20)
Rescue squads.
(21)
Social club and fraternal, social service, union or civic organizations.
(22)
Upper-level apartment(s) in those structure(s) having permitted principal uses set forth herein.
B.
Permitted accessory uses: accessory uses on the same lot customarily incidental to primary permitted use.
E.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-19 NC Neighborhood Commercial District.
B.
Permitted accessory uses.
(1)
Accessory structures and uses which are customarily incidental to a permitted use.
C.
Conditional uses: none.
E.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-20 HC Highway Commercial District.
A.
Permitted principal uses.
(1)
Restaurants.
(2)
Movie theaters.
(3)
Retail and personal service establishments.
(4)
Office uses to include general, medical, and professional.
(5)
Commerce parks, and high technology parks for advanced research and knowledge transfer relating to the fields of engineering, the sciences, computer science, and business.
(6)
Commercial recreation.
(7)
Hotels.
(8)
Conference centers.
B.
Permitted accessory uses: accessory uses and structures which are customarily incidental to a permitted use.
D.
E.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-21 OC Office Commercial District.
This zoning district is established to create an area for the development of office uses and to encourage the protection of an important historic resource.
B.
Permitted accessory uses: accessory structures and uses which are customarily incidental to a permitted use.
C.
Conditional uses: none.
E.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-22 I Industrial District.
A.
Permitted industrial uses.
(1)
Any manufacturing, processing or industrial use listed below, provided that the proposed industrial process meets the performance requirements listed in § 158-22E and does not have inherent characteristics which are noxious, injurious, offensive, or hazardous to the health, safety or general welfare of the community:
(a)
Manufacturing of light machinery comprising any of the following: carburetors and small machine parts, cash registers, sewing machines, typewriters, calculators and other office machines.
(b)
Fabrication of metal products comprising any of the following: baby carriages, bicycles and other similar vehicles; metal foil, aluminum, gold, etc.; metal furniture; musical instruments; sheet-metal products; and toys.
(c)
Fabrication of paper products comprising any of the following: bags, bookbindings, boxes and packaging materials, office supplies and toys.
(d)
Fabrication of wood products comprising any of the following: boats, boxes, cabinets and woodworking, furniture and toys.
(e)
Food and associated industries comprising any of the following: bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing and ice cream manufacturing.
(f)
Office buildings for executive or administrative purposes.
(g)
Laboratories comprising any of the following: biological, chemical, dental, pharmaceutical and general research.
(h)
Other permissible industries comprising any of the following: brush and broom manufacturing; concrete and plastic products; electric light and power companies; electronic products; farm machinery sales and services; glass products manufacturing; jewelry manufacturing, including polishing; laundering and cleaning establishments; leather goods manufacturing, except curing, tanning and finishing of hides; motion-picture exchange; pharmaceutical products manufacturing, printing paper and cloth; sporting goods manufacturing; textile products manufacturing, thread and yarn manufacturing; and warehouses and storehouses.
(i)
In addition to the above, any industry not inconsistent with the above and meeting the performance requirements listed herein may be conducted in this zone. All others are specifically excluded.
(2)
Wholesale establishments, warehouses and storehouses.
B.
Permitted accessory uses: any accessory use customarily incidental to a permitted use.
C.
Conditional uses: none.
E.
Performance standards for industrial developments.
(1)
Fire and explosive hazards and radioactivity.
(a)
All activities and all storage of flammable and explosive materials at any point shall be performed with adequate safety devices against the hazards of fire and explosion, and adequate fire-suppression equipment shall be installed and maintained in an operable condition in accordance with the regulations of the Fire Marshal's office and the regulations of applicable local, county, state, and federal agencies.
(b)
No activities which emit radioactivity shall be permitted.
(2)
Electrical disturbance. No activity shall be permitted which results in an electrical disturbance adversely affecting the operation of any equipment beyond the building in which the disturbance is created.
(3)
Smoke, ash, dust, fume, vapor, gases, and other forms of air pollution.
(a)
There shall be no emission at any point from any chimney or otherwise which can cause any damage to human health, to animals or vegetation, or to other forms of property; or which will cause any excessive soiling at any point.
(b)
There shall be no emission at any point, from any chimney or otherwise, for longer than five minutes in any hour of visible smoke of any color with a shade darker than No. 3 of the Standard Ringelmann Chart.
(4)
Liquid and solid wastes. There shall be no discharge at any point, into any private or public sewerage system, or into any stream, or into the ground of any materials in such a way, or of such temperature, as to contaminate or otherwise cause the emission of hazardous materials except as regulated by applicable local, state, or federal agencies.
(5)
Noise and vibration.
(6)
Glare. No direct or sky-reflected glare, whether from floodlights or from any high temperature process, shall be visible from adjoining public streets, or adjacent lots, or from adjacent buildings within an industrial park, when viewed by a person standing at ground level.
(7)
Odor. There shall be no emission of odorous gases or other matter in such quantities as to be offensive on adjoining public streets, on adjacent lots, or within adjacent buildings within an industrial park.
(8)
Operation. All operations shall be conducted entirely within enclosed buildings.
F.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-23 P Public and Institutional District.
B.
Permitted accessory uses: accessory structures and uses customarily incidental to a permitted use.
C.
Conditional uses: none.
D.
Area and yard requirements: none.
E.
Unspecified uses. Any uses not specifically permitted in this zoning district are hereby specifically prohibited from this district.
§ 158-24 OS Conservation and Open Space District.
The purpose of this district is to recognize the environmental importance of the areas along the Delaware River and Pennsauken Creek as wildlife refuges and conservation areas (including greenways).
§ 158-25 Conditional uses.
A.
Purpose and scope. The purpose of this section is to set forth the requirements and procedures applicable to Conditional Uses in accordance with N.J.S.A. 40:55D-67. A conditional use shall not be approved for any site unless the use is specifically approved as a conditional use in the zone for which it is proposed.
B.
General requirements. The Planning Board shall not approve any conditional use application for any use under this code unless the following general conditions have been met:
(1)
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(2)
A site plan application has been made for the lot, and the requirements of the site plan review have been met.
(3)
The parking required by this code for the proposed conditional use is located on the lot for which the application is made, or on a contiguous lot which must be subject to a covenant running with the land reserving that parking for the proposed conditional use.
(4)
If any signs are to be located upon the lot, the requirements of the sign section of this code have been met.
C.
Specific requirements. The Planning Board shall not approve any conditional use application for any of the following uses under this code unless all of the following enumerated specific conditions have been met:
(2)
Service stations:
(a)
The minimum lot size shall be 30,000 square feet.
(b)
The maximum lot coverage shall be 30% for buildings and/or structures and 80% for all impervious surfaces.
(c)
Frontage of no less than 150 feet shall exist on a county road or state highway.
(d)
No retail sales other than of automotive-related products or convenience shop retail foods or sundries shall be permitted.
(e)
Automatic firesafety systems shall be installed at all pumps.
(f)
A traffic study shall be provided prior to approval as a conditional use showing the impact of the use, and the applicant shall be responsible for paying the proportional share of the cost of any off-site improvement which is reasonably required to handle the traffic generated by or using the facility.
(g)
A planted area a minimum of five feet in width shall be provided along all frontages. It shall be continuously planted with evergreen shrubs at a minimum height of three feet.
(h)
No equipment for the service of gasoline or oil shall be placed closer to any property line or street line than 15 feet.
(i)
No portion of any structure or its equipment shall be located less than 250 feet from the premises of a school, hospital, church, public recreation building, or public library.
(3)
Automobile sales and dealerships (new).
(a)
A structure shall be provided to permit the display of at least five automobiles.
(b)
Repair garages and service areas shall not be visible from Route 73.
(c)
Automobiles may not be displayed closer than 10 feet to any street line.
(d)
All lots shall be graded, surfaced with concrete, blacktop, or macadam.
(e)
All such lots shall be adequately illuminated from sunset to sunrise daily.
(g)
No permit for use shall be issued until a plot plan shall have been furnished showing at least one entrance or approach to such lot from the street adjoining same, and such entrance or approach shall not exceed a total of 30 feet on any street frontage.
(h)
Every such lot shall have maintained on the premises an office and restroom with toilet accommodations, either on the lot or adjacent thereto, in accordance with the sanitary regulations of the Borough of Palmyra.
(4)
Automobile sales and dealerships (used).
(a)
No repair facilities shall be maintained on such lot.
(b)
No equipment for the service of gasoline or oil shall be permitted on such lot.
(c)
No permit for use shall be issued until a plot plan shall have been furnished showing at least one entrance or approach to such lot from the street adjoining same, and such entrance or approach shall not exceed a total of 30 feet on any street frontage.
(d)
Every such lot shall have maintained on the premises an office and restroom with toilet accommodations, either on the lot or adjacent thereto, in accordance with the sanitary regulations of the Borough of Palmyra.
(e)
Automobiles may not be displayed closer than 10 feet from any street line.
(f)
All such lots shall be graded, surfaced with concrete, blacktop, or macadam.
(g)
All such lots shall be adequately illuminated from sunset to sunrise daily.
(h)
Automobile dealerships shall have indoor display areas for a minimum of five automobiles.
(8)
Contractor's office, equipment and storage.
(a)
A maximum of six vehicles related to the contractor's business may be parked on site.
(b)
The side and rear yards of the property are to be screened with an opaque fence and/or landscaping which restricts view into the site.
(c)
No contractor's business vehicles are to be parked or stored in the front yard or front of the building.
(d)
Lighting must be shielded from adjoining properties with a maximum height of 12 feet.
(e)
No processing of materials is permitted.
(9)
Churches and places of worship.
(a)
The proposed use is a bona fide nonprofit religious use.
(b)
The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties; that the design of any structures to be erected in connection with such use is in keeping with the general character of the residential area; and that sufficient landscaping, including trees, shrubs and lawn, is provided to appropriately buffer said use from adjoining residential properties and to ensure an attractive appearance for the use.
(c)
The buildings will not occupy more that 25% of the lot area.
(d)
Minimum lot size: 15,000 square feet.
(e)
Minimum lot width: 100 feet.
(f)
Minimum front yard: 20 feet.
(g)
Minimum side yard: 20 feet.
(h)
Minimum rear yard: 20 feet.
(i)
Maximum building coverage: 50%.
(j)
Maximum hard surface coverage: 70%.
(k)
Parking requirements shall be in compliance with § 158-37E(2)(b).
(l)
No parking shall be within 20 feet of any property line.
(m)
No freestanding sign shall exceed 10 feet in height.