Pennsauken Township
City Zoning Code
City Zoning Code
§ 141-89
Special provisions.
The following provisions shall be in addition to and shall have the same force and effect as any of the district regulations, insofar as they may be applicable to a particular district:
A.
Public utility corporations. This chapter shall not apply to any existing or proposed building, or extension thereof, or to any land, used or to be used by a public utility corporation, if, upon petition of the corporation, the Public Utility Commission shall, after public hearing, determine that the present or proposed situation or use of the building or land in question is reasonably for the convenience and welfare of the public; provided, however, that all front and side yard regulations shall be complied with.
B.
Location of gasoline service station equipment. The yard regulations of § 141-82, Article VII, C-2 Commercial Districts, to the contrary notwithstanding, a pump, light standard, air tower, water, water outlet or similar equipment of a gasoline service station, but not including signs, may be placed within a required yard abutting a street, but in no case closer to a street line than 15 feet.
C.
Reduction of lot area. No lot area shall be so reduced that the area of any lot or the dimensions of any required yard shall be less than herein prescribed.
D.
Modification of front yard requirements.
(1)
Where an unimproved lot is situated between two improved lots having on each a principal building which extends into the required front yard on each of such improved lots and has been so maintained since the effective date of this chapter, the front yard depth of such unimproved lot shall be the average depth of the existing front yards on the two adjacent improved lots, notwithstanding the front yard regulations of the district in which such unimproved lot is located.
(2)
Where an unimproved lot adjoins only one improved lot having a principal building thereon which extends into the required front yard of the improved lot and has been so maintained since the effective date of this chapter, the front yard depth of the unimproved lot shall be the average depth of the front yard existing on the adjacent improved lot and the front yard required for the district in which such unimproved lot is located, notwithstanding the front yard regulations of such district.
E.
Projections into required yards. No building and no part of a building or a porch, whether covered or uncovered, shall be erected within or shall project into any required yard in any district except as arranged for certain accessory use structures in the rear yard herein; provided, however, that chimneys, cornices and buttresses, unenclosed fire escapes, steps, bay windows and balconies may project into any required yard.
[Amended 3-13-1991 by Ord. No. 91-2]
F.
Corner vision and driveway vision obstruction. On any lot, no wall, fence or sign or other structure shall be erected or maintained, and no hedge, tree or shrub or other growth shall be maintained, which may cause danger on any street, or into any street from any driveway, by obscuring the view of any driver of a vehicle or of any pedestrian.
G.
Fences and walls.
[Amended 10-15-1979 by Ord. No. 79-29; 1-14-1981 by Ord. No. 838]
(1)
In all residential districts (R-1 through R-5), no fence or freestanding wall over six feet in height shall be erected in the rear or side yard and no wall or fence shall be erected within the front yard. Fences and walls are permitted to be located even with the front building line.
[Amended 7-14-1982 by Ord. No. 82-18; 9-12-1983 by Ord. No. 83-38; 6-25-1984 by Ord. No. 84-14; 4-6-2023 by Ord. No. 2023:04]
(2)
In all other zoning districts, no fence or freestanding wall shall be erected unless that portion of such fence or wall which extends higher than six feet has a ratio of open area to solid area of at least four to one, or 4:1.
(3)
Fences and walls incident to swimming pools shall be governed by § 141-89K(5) of this chapter.
(4)
On any lot, no post of a fence shall be erected facing the property owner's neighbor adjacent thereto, and the fence post must be placed three inches inside the property line of the applicant requesting a permit for a fence. A survey is required to confirm the property lines and ensure the fence will not be constructed on the neighbor's property. No double/back-to-back fences shall be permitted. The applicant and neighbor shall make and record an agreement that establishes who is responsible for maintaining the common fence on adjoining properties.
[Added 2-8-1989 by Ord. No. 89-3; amended 4-6-2023 by Ord. No. 2023:04]
(5)
For properties located on a corner lot, fences and walls shall not interfere with sight lines.
[Added 4-6-2023 by Ord. No. 2023:04]
(6)
Fence material and border walls must match the property and the neighborhood and be made of commercial fencing material. Fences and border walls constructed from materials such as barbed wire, spikes, or rebar is not permitted. The use of barbed wire, razor ribbon, or any other similar type of barbed or pointed wire, whether attached to any fence or strung separately, shall not be permitted.
[Added 4-6-2023 by Ord. No. 2023:04]
(7)
Fences and walls must be maintained in accordance with Township maintenance regulations, as modified.
[Added 4-6-2023 by Ord. No. 2023:04]
H.
Accessory uses. Accessory uses authorized in this chapter shall include, but shall not be limited to, the following:
(1)
Uses accessory to agriculture: greenhouse, orchard, propagation and growing of plants, including the sale of products grown on the premises.
(2)
Uses accessory to dwelling:
(a)
Private garage, private parking spaces, shelter for pets, private swimming pool and bathhouse, quarters for guests and domestic servants and attached wood decks.
[Amended 2-8-1989 by Ord. No. 89-4]
(b)
Such home occupations as a professional office or studio for a doctor, teacher, artist, musician, lawyer, engineer, architect, magistrate or practitioner of a similar character, as well as a carpenter, cabinetmaker, machinist, painter, plumber and similar trades, provided that no goods or materials are stored or displayed out of doors, and further provided that such professions, occupations and trades shall be carried on only by persons living on the premises.
(c)
Antennas for television and radio reception, and pole, mast, tower or similar structure erected and operated by a person who is a licensed radio operator.
(d)
[1]With the passage of Ordinance No. 05-27, the Development Regulations conformed to N.J.S.A. 40:55D-68.4, 68.5 and 68.6. In addition, it is ordained by the Township Committee of the Township of Pennsauken that a handicapped citizen who is the owner of a single-family dwelling which is his/her primary residence may rent or lease one room within the dwelling, together with general use associated with the dwelling. The ability of the handicapped citizen to rent one room is dependent upon his/her ability to furnish adequate documentation to the Building Department of the Township of Pennsauken of his/her disability and that his/her income is derived from Social Security Disability Insurance. Once it has been determined that the handicapped citizen may rent, this dwelling is subject to Chapter 251, Rental Units, Article II, Registration and Licensing.
[Added 5-21-2008 by Ord. No. 08-12]
[1]
Editor's Note: Former Subsection H(2)(d), pertaining to the renting of rooms, was repealed 9-28-2005 by Ord. No. 05-27 to bring the Code in conformance with N.J.S.A. 40:55D-68.4, 68.5 and 68.6.
(3)
Accessory uses to business and industry: customary temporary storage of materials in transit or being delivered, gatehouses, watchmen's quarters and employee recreation facilities, provided that the shipping vehicle shall remain on the premises no longer than 48 hours.
(4)
Accessory uses to public park: customary recreational, refreshment and service uses and buildings in any public park, playground or other recreational area.
I.
Prohibited uses. The following uses shall be prohibited in all districts:
(1)
Automobile body graveyard; dump or sanitary landfill unless authorized by the Township Committee; and junkyard, unless screened from view from any point off the premises by a wall or fence.
(2)
The overnight parking in a residential district of any vehicle used for the delivery of fuel oils or gasoline.
(3)
The use of any land designated on the Township tax rolls as "cemetery" for any residential, commercial, industrial or other use than for the interment of bodies and activities customarily incidental to the conduct of a cemetery.
(4)
To prohibit the dumping of all hazardous wastes to include atomic, nuclear, radioactive and similar materials and properties.
(5)
To prohibit, unless authorized by the Township Committee, the processing or disposal of all hazardous and toxic materials or wastes, to include pesticides, chemicals, petroleum and other hazardous or toxic materials as defined by the New Jersey Department of Environmental Protection, Division of Solid Wastes, and by the Federal Environmental Protection Agency.
(6)
To prohibit the dumping of all biodegradable wastes in all districts of those materials and properties which without supervision would cause harm and be dangerous to the public welfare, health and safety.
(7)
The use of any land or existing building or the construction of any new building for use as a correction facility or prison.
[Added 11-28-1990 by Ord. No. 90-41]
J.
Development plan standards for townhouses, multifamily dwellings, commercial and industrial uses.
(1)
Townhouses. The following standards and information shall be met and shown on the site plan at a scale of one inch equals not more than 20 feet:
(a)
Not more than eight townhouses shall be attached to form a single group.
(b)
End townhouses of a group may be oriented in a different direction from those comprising the interior of the group to achieve variety, but this shall not be deemed a requirement.
(c)
Off-street parking shall be provided in accordance with § 141-87 herein and shall be located or arranged in any of the following ways:
[1]
In conveniently located interior parking compounds or lots, each joint parking area serving not more than six groups of townhouses and so arranged on the development plan as to provide generally equal access to all groups.
[2]
Within an interior street, at right angle to the property line and opposite the townhouses served, provided that each group or parking spaces shall not extend continuously along a street, but shall extend in total width no more than the overall length of the townhouse group served by such parking spaces.
(d)
There shall be a density not exceeding 10 townhouses per acre.
(e)
The development plan shall indicate a typical townhouse group, showing proposed variety in roofline, color and construction materials of the facades and front setback within the group, together with method of providing off-street parking for that group.
(2)
Multifamily dwellings. Typical architectural elevations of buildings showing heights and spacing of buildings and relationship to property lines shall be submitted, as well as a site plan for the entire lot at a scale of one inch equals not more than 20 feet, showing:
(a)
Layout of all buildings, driveways, off-street parking, walks, yards, and open space for recreation for tenants residing on the lot, indicating the total lot area, the number of dwelling units proposed thereon and the height of typical buildings.
(b)
The site plan shall show all information required in Article VI herein, as well as swimming pools and recreation apparatus and all required planting, screens, existing trees to be saved, proposed grading and proposed planting of trees and shrubs.
(c)
For garden-type apartments, the following standards shall apply:
[1]
Not more than three buildings shall be attached, and courts shall be enclosed on not more than three sides.
[2]
The minimum distance between buildings shall be:
[a]
Three times the height of the taller of two buildings where any part of either building faces upon the other building, but in no case less than 60 feet between such buildings.
[b]
Two times the height of the taller of two buildings where any part of either building backs upon the other building, but in no case less than 45 feet between such buildings.
[c]
The height of the taller of two buildings where any part of either building abuts end to end with the other, but in no case less than 20 feet between ends of such buildings.
[3]
Length. The overall dimension in a single direction of any combination of attached buildings shall be not more than 200 feet.
(d)
For high-rise apartments, the following standards shall apply:
(3)
Commercial buildings and groups thereof. The following information shall be shown on a site plan at a scale of one inch equals not more than 20 feet, or in another appropriate form, as applicable;
(4)
Industrial uses. The site plan shall be at a scale of one inch equals not more than 40 feet and shall show all information required in Article VI herein, as well as the expected number of employees, provided that, for all of the above permitted uses, sufficient plans and other details shall be submitted as necessary for the Construction Official to review in connection with application for construction permits.
K.
A swimming pool is deemed to be a structure, by this chapter, whether above, below or partially below ground level, in excess of 18 inches in depth, designed to contain water, and at least eight feet in diameter, width or length measured to and from the water's edge and, in all respects, shall comply with the following regulations:
[Added 1-14-1981 by Ord. No. 80-38]
(1)
Construction permits and registration.
(a)
Construction permits shall be required for the erection, construction or placement of all swimming pools, and registration shall be required for all swimming pools existing on the effective date of this chapter for which a construction permit or registration was not previously issued, and applications for such permits and registration shall be accompanied by a site plan, drawn to scale, showing thereon or accompanied by the following:
[1]
Any dwelling on the lot or other buildings, as well as fences, walls, walks, paved areas and property lines, together with the name and address of the property owner shown thereon;
[2]
On adjacent properties, all dwellings or other buildings, fences, walls and paved areas, together with the names and addresses of property owners or tenants;
[3]
The type, height and location of the fence or other enclosure, required herein, which is or will be around the swimming pool;
[4]
The zoning district in which the property is located;
[5]
A copy of any variance or conditional use which may have been granted in connection with the swimming pool; and
[6]
An application fee of $20 which shall cover possible changes made in or around the pool.
(b)
No construction permit shall be issued and no existing pool shall be used where any proposed or existing swimming pool is in violation with any building, plumbing, zoning, electrical or other applicable codes or ordinances of the Township of Pennsauken.
(2)
Location of swimming pools.
(a)
No swimming pool shall be located closer to the foundation wall of a dwelling than 15 feet or closer to any property line than a distance equal to one and one-half (1 1/2) times the depth of the deepest part of the swimming pool, notwithstanding the depth or width of any applicable required yard.
[Amended 5-11-1994 by Ord. No. 94-30]
(b)
No decks, walks, aprons or other appurtenances of a swimming pool shall be closer than five feet to a dwelling, other structure or property line, but bathhouses and other buildings shall abide by the yard requirements of the district.
(3)
Drainage of swimming pools.
(a)
No swimming pool drain or overflow outlet shall be connected with any sanitary sewer line.
(b)
Swimming pool drains and overflow outlets shall connect with a stormwater sewer system or natural drainage course, if available nearby, otherwise into a public street, but in no case shall any drainage be allowed in a natural drainage course or public street when the air temperature is below 40º F. or when such drainage would cause flooding of properties adjacent to the public street or natural watercourse.
(c)
No drainage from a swimming pool shall be permitted to flow upon or across another property.
(4)
Health requirements.
(a)
Water supply. There shall be no physical connection between a swimming pool and potable water supply system at a point below the highest water level in the swimming pool or to a recirculation or heating system, and no pool water shall be permitted to discharge, leak or siphon into a potable water supply system.
(b)
Water supply. The physical, chemical and bacterial qualities of the swimming pool water shall comply at all times with the latest requirements of the American Public Health Association, New Jersey State Department of Environmental Protection and the Camden County Health Department.
(c)
Design requirements. Swimming pools shall be so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such a manner as to be clean and sanitary at all times. The inlets of the swimming pool shall be so located and spaced as to secure satisfactory dispersion of inflowing water through the pool and to permit draining, cleaning and disinfecting of the bottom and sides of the pool.
(5)
Fences and enclosures.
(a)
All swimming pools shall be enclosed by a fence, wall or enclosure not less than six feet in height and of sufficient strength and construction to prevent all persons, especially children, and animals from unauthorized entry into the swimming pool area, and such fences, walls or enclosures shall be made of durable materials consistent with the aesthetics of the surrounding buildings. The required fence, wall or enclosure shall not be closer to the water's edge at any point than four feet. Enclosures which cover the entire swimming pool area for use during inclement weather shall not preclude the need for the above fence or wall, unless such enclosure is made of structural materials such as wood, stone, metal or glass, and in no case shall any type of enclosure exceed 12 feet in height, unless a part of a building.
[Amended 5-11-1994 by Ord. No. 94-30]
(b)
All fences and enclosures shall have gates or doors, and no gate or door shall be permitted without locking devices which shall be locked at all times when the swimming pool is not supervised or otherwise being used or attended.
[Amended 5-11-1994 by Ord. No. 94-30]
(c)
Aboveground swimming pools that incorporate a fence attached to the pool as part of its design from the manufacturer, that has a distance of six feet in height when measured from the ground to the top of the fence and provide gates or doors as required in Subsection K(5)(b) above, should be deemed to be in compliance with Subsection K(5)(a) and (b) above.
[Amended 5-11-1994 by Ord. No. 94-30]
(d)
Portable or above-grade swimming pools shall comply in all respects with the above fence, wall or enclosure requirements.
(6)
Electrical installations.
(a)
Lighting. No artificial lighting shall be located, maintained or operated in such a manner as to cause glare upon or otherwise comprise a nuisance to an abutting property.
(b)
All electrical circuits and outlets shall be provided with approved ground fault interrupters (GFI) and otherwise meet all applicable codes of Pennsauken Township and the State of New Jersey, and under no circumstances shall an electric outlet be permitted over any part of a swimming pool or within six feet of the water.
[Amended 5-11-1994 by Ord. No. 94-30]
(7)
General provisions concerning swimming pools.
(a)
The Camden County Department of Health shall have jurisdiction over any health or sanitary condition concerning swimming pools.
(b)
Owners of swimming pools shall make necessary arrangements for routine inspection of the pool by the County Health Officer or the Township Construction Official at any reasonable time, to assure that all safety and health measures herein are met.
(c)
All appurtenant structures and facilities related to the swimming pool shall be shown on the site plan and shall comply with all Township codes and regulations.
(8)
Commercial swimming pools. The provisions of Subsection K(2)(a) hereinabove to the contrary notwithstanding, the following shall apply to commercial swimming pools, such as at motels, swim clubs, residential clubs, public recreation areas and the like:
(a)
The swimming pool shall be not less than 35 feet from the nearest building foundation on the same premises.
(b)
The swimming pool shall be not less than 75 feet from any dwelling on an adjacent property.
(c)
The water's edge of the swimming pool shall be not less than 25 feet from any property line.
(d)
The deck, walks, aprons and other paved areas may extend into the required yards but not closer to the property line than 10 feet, but other appurtenances such as bathhouses and other buildings shall abide by the yard requirements of the district.