Port Republic City Zoning Code
ARTICLE V
Zoning District Regulations
§ 160-44 City Central Residential (Historic District) District.
[Amended 11-14-1989 by Ord. No. 110-1989; 10-8-1991 by Ord. No. 06-1991]
A.
Intent. This district emphasizes and protects historically significant buildings, restoration and reconstruction and requires building designs which are compatible with those existing.
B.
Uses.
(1)
Principal uses and buildings.
(a)
Single-family detached dwelling, subject to Planning Board site plan design review, with advice if necessary from the Port Republic Historical Society.
(b)
Parks, playgrounds and other publicly operated recreational uses or structures, subject to Planning Board site plan design review.
(c)
Public buildings of a governmental or cultural nature, subject to Planning Board site plan review.
(d)
Public or private schools and institutions of higher learning, subject to Planning Board site plan design review.
(3)
Accessory uses and buildings. Accessory uses and buildings shall be those customarily incident to the principal uses permitted in this district and shall include:
(a)
Private auto garages for the exclusive use of building residents.
(b)
Private swimming pools for the exclusive use of building residents and their guests, provided that the water ledge of the pool shall be a minimum of 10 feet from any and all property lines and that adequate fencing, with gate and lock, shall be utilized to prevent unauthorized use. This fencing shall surround the pool itself, and yard in which it is located or the entire property and shall be a minimum of four feet in height.
(c)
Private utility sheds, greenhouses, bathhouses, playhouses and stables, which must comply with all provisions for this district.
(d)
Customary home occupations, such as dressmaking, preserving or millinery, conducted solely by the inhabitants of the building and provided further that:
[1]
The use is carried on entirely within the residential building but not in attached garages.
[2]
The residential character of the building is not changed.
[3]
The use has no deleterious influence upon the surrounding properties.
[4]
No display, advertising or artificial lighting or sign shall indicate from the exterior that the building is being utilized for other than residential purposes.
C.
Area and bulk requirements.
(1)
Lot size: one acre minimum.
(2)
Lot width: 150 feet minimum.
(3)
Lot depth: 150 feet minimum.
(4)
Lot coverage: 20% maximum.
(6)
Front yard setback: 50 feet minimum. In the case of corner lots, all yards fronting on a street will be considered front yards.
(7)
Side yard setbacks: 20 feet minimum each side.
(8)
Rear yard setback: 20 feet minimum.
(9)
Dwelling unit size: 1,000 square feet of floor area minimum for one-story dwelling; 1,200 square feet of floor area minimum for two-story dwelling, with a minimum of 800 square feet on the first floor, excluding garages and porches.
(10)
An average of existing structures on either side of the subject property may be used to establish the setback requirements.
(11)
Minimum lot sizes shall be adhered to except in those instances where single lots below the minimum are not contiguous to lots under the same ownership. In those cases, a variation of 15% from the required minimum lot size, lot width and/or lot depth shall be allowed, but such lot shall meet all setback requirements for front, side and rear yards.
(12)
All of the requirements of Subsection C(1) through (11) above may be altered within this district where proof is furnished by documents or archeological findings that by doing so buildings can be brought back to their original appearance and dimensions with a base year for such considerations to be 1875.
(13)
The height of public buildings or churches may be increased upon Planning Board site plan review to 50 feet from grade to not more than 3 1/2 stories, provided that all yards shall be increased one foot for each additional foot of building height in excess of 45 feet and subject to Planning Board site plan review.
(14)
The height limits shall not apply to church spires, belfries, cupolas, water towers, chimneys and flues; provided that the aggregate area covered by all such features shall not exceed 20% of the total roof area and that the height of such features shall not be more than 15 feet above roof level.
§ 160-45 City Central Residential (Historic Area) District.
[Amended 11-14-1989 by Ord. No. 110-1989; 10-8-1991 by Ord. No. 06-1991]
A.
Intent. This district represents the established portion of the community surrounding the Historic District and it contributes significantly to the overall atmosphere of Port Republic.
B.
Uses.
(1)
Principal uses and buildings.
(a)
Single-family detached dwellings.
(b)
Parks, playgrounds and other publicly operated recreational uses or structures, subject to Planning Board site plan review.
(c)
Public buildings of a governmental or cultural nature, subject to Planning Board site plan design review.
(d)
Public or private schools and institutions of higher learning, subject to Planning Board site plan design review.
(3)
Accessory uses and buildings. Accessory uses and buildings shall be those as set forth in § 160-44B(3) for City Central Residential (Historic District).
C.
Area and bulk requirements.
(1)
Lot size: one acre minimum.
(2)
Lot width: 150 feet minimum.
(3)
Lot depth: 150 feet minimum.
(4)
Lot coverage: 20% maximum.
(6)
Front yard setback: 50 feet minimum. In the case of corner lots, all yards fronting on a street will be considered front yards.
(7)
Side yard setbacks: 20 feet minimum each side.
(8)
Rear yard setback: 20 feet minimum.
(9)
Dwelling unit size: 1,000 feet of floor area minimum for one-story dwelling; 1,200 square feet of floor area minimum for two-story dwelling, with a minimum of 800 square feet on the first floor, excluding garages and porches.
(10)
An average of existing structures on either side of the subject property may be used to establish the setback requirements.
(11)
Same as § 160-44C(11).
(12)
Same as § 160-44C(12).
(13)
Same as § 160-44C(13).
(14)
Same as § 160-44C(14).
§ 160-46 Rural Residential-Environmental Limitations District.
A.
Intent. This district forms a transition zone between existing developments and the agricultural area and lands protected by federal and state regulations. Existing residential developmental patterns retain open space and make unnecessary certain improvements such as sidewalks and curbing. It is the intent to preserve that atmosphere. This district is subject to environmental limitations, and an environmental impact statement is required for all development.
B.
Uses. As set forth in Article XII, § 160-126, Wetlands control, all development in the Rural Residential-Environmental Limitations District is a conditional use, and site plan review is required unless waived by the Planning Board.
[Amended 7-12-1988 by Ord. No. 93-1988]
(1)
Principal uses and buildings.
(a)
Single-family detached dwellings.
(b)
Parks, playgrounds and other publicly operated recreational uses or structures, subject to Planning Board site plan design review.
(c)
Public buildings or a governmental or cultural nature, subject to Planning Board site plan design review.
(d)
Public and private schools and institutions of higher learning, subject to Planning Board site plan design review.
(e)
Golf courses, but not less than a nine-hole regulation course containing not less than 3,000 yards.
(f)
Customary and conventional truck farming operations.
(3)
Accessory uses and buildings. Accessory uses and buildings shall be those as set forth in § 160-44B(3) for City Central Residential (Historic District), and also:
C.
Area and bulk requirements.
(1)
Lot size: one acre minimum, but density may vary from one unit per acre to one unit per 2.5 acres depending upon environmental limitations of the parcel and techniques utilized to minimize adverse impacts as set forth in the environmental impact statement.
(2)
Lot width: 150 feet minimum.
(3)
Lot depth: 150 feet minimum.
(4)
Lot coverage: 20% maximum.
(6)
Front yard setback: 50 feet minimum but setback can be varied to allow placement of structures on a better area of a site at the discretion of the Planning Board upon site plan review. In the case of corner lots, all yards fronting on a street will be considered front yards.
(7)
Side yard setbacks: 20 feet minimum each side, but setback can be varied to allow placement of a structure on a better area of a site at the discretion of the Planning Board upon site plan review.
(8)
Rear yard setback: 20 feet minimum but setback can be varied to allow placement of a structure on a better area of a site at the discretion of the Planning Board upon site plan review.
(9)
Dwelling unit size: 1,000 square feet of floor area minimum for a one-story building; 1,200 square feet of floor area minimum for a two-story dwelling, with a minimum of 800 square feet on the first floor, excluding garages and porches.
D.
Environmental impact statement. An environmental impact statement is required for all development within this district. The environmental impact statement shall provide information needed to evaluate the effects of the proposed project upon the environment of the area and shall include all items discussed in § 160-91F of this chapter.
§ 160-47 Rural Residential District.
A.
Intent. This district forms a transition zone between existing developments and the agricultural area and lands protected by federal and state regulations. Existing residential requirements have succeeded in creating a developmental pattern which retains open space and makes unnecessary certain improvements such as sidewalks and curbing. It is the intent to preserve that atmosphere.
B.
Uses.
(1)
Principal uses and buildings.
(a)
Single-family detached dwellings.
(b)
Parks, playgrounds and other publicly operated recreational uses or structures, subject to Planning Board site plan design review.
(c)
Public buildings of a governmental or cultural nature, subject to Planning Board site plan design review.
(d)
Public and private schools and institutions of higher learning, subject to Planning Board design review.
(e)
Golf courses, but not less than a nine-hole regulation course containing not less than 3,000 yards.
(f)
Customary and conventional truck farming operations.
(3)
Accessory uses and buildings. Accessory uses and buildings shall be those as set forth in § 160-44B(3) for City Central Residential (Historic District) and in § 160-46B(3) for Rural Residential-Environmental Limitations District.
C.
Area and bulk requirements.
(1)
Lot size: one acre minimum, but density may vary from one unit per acre to one unit per 2.5 acres depending upon environmental limitations of the parcel and techniques utilized to minimize adverse impacts as set forth in the environmental impact statement.
(2)
Lot width: 150 feet minimum.
(3)
Lot depth: 150 feet minimum.
(4)
Lot coverage: 20% maximum.
(6)
Front yard setback: 50 feet minimum, but setback can be varied to allow placement of structures on a better area of a site at the discretion of the Planning Board upon site plan review. In the case of corner lots, all yards fronting on a street will be considered front yards.
(7)
Side yard setbacks: 20 feet minimum each side, but setback can be varied to allow placement of a structure on a better area of a site at the discretion of the Planning Board upon site plan review.
(8)
Rear yard setback: 20 feet minimum, but setback can be varied to allow placement of a structure on a better area of a site at the discretion of the Planning Board upon site plan review.
(9)
Dwelling unit size: 1,000 square feet of floor area minimum for a one-story building; 1,200 square feet of floor area minimum for a two-story dwelling, with a minimum of 800 square feet on the first floor, excluding garages and porches.
D.
Environmental impact statement. An environmental impact statement is required for all major subdivisions and major site plans in this district.
§ 160-48 Planned Residential District.
[Amended 3-10-1981 by Ord. No. 2-1981; 6-14-1988 by Ord. No. 92-1988]
A.
Intent. Port Republic wishes to encourage residential communities organized, constructed, designed and planned to serve the need of older persons, including suitable and adequate facilities for social, cultural and recreational activities which are regarded as essential to the well-being of the residents and the success of the community. The land in this district contains broad variations in the degree of environmental developmental limitations. It is also the intent of this district to permit development at a higher density than would normally be permitted on land with slight limitations while protecting the environmentally sensitive areas by more strictly regulating development.
B.
Uses.
(1)
Principal uses and buildings.
(a)
Single-family detached dwellings.
(b)
Planned adult community.
(c)
Parks, playgrounds and other publicly operated recreational uses or structures, subject to Planning Board site plan design review.
(d)
Public or private schools and institutions of higher learning, subject to Planning Board site plan design review.
(e)
Public buildings of a governmental or cultural nature, subject to Planning Board site plan design review.
(f)
Golf course, but not less than a nine-hole regulation course containing not less than 3,000 yards.
(g)
Customary and conventional truck farming operations.
(3)
Accessory uses and buildings. Accessory uses and buildings shall be those set forth in § 160-44B(3) for the City Central Residential (Historic District) and in § 160-46B(3) for the Rural Residential-Environmental Limitations District.
C.
Area and bulk requirements other than in a planned adult community.
(1)
Lot size: five acres, of which at least one contiguous acre has only slight limitations.
(2)
Lot width: 200 feet minimum.
(3)
Lot depth: 200 feet minimum.
(4)
Lot coverage: 10% maximum.
(6)
Front yard setback: 50 feet minimum.
(7)
Side yard setbacks: 20 feet minimum, each side.
(8)
Rear yard setback: 20 feet minimum.
D.
Planned adult community.
(1)
Uses.
[Amended 9-13-1988 by Ord. No. 96-1988; 5-9-1989 by Ord. No. 105-1989]
(a)
A planned adult community ("PAC"), is permitted with a minimum of 250 acres. Development shall only be permitted on land of moderate development limitations as set forth in the environmental analysis of the Port Republic Master Plan. A PAC may include:
(b)
A PAC may include up to a maximum of 100 units, subject to all other requirements herein, such development being limited to a maximum of 50 units per phase. The initial phase of 50 or fewer units must meet the requirements of the annual report and performance evaluation prior to submission of an application for any additional phase of 50 or fewer units. The application for preliminary approval shall be for the full number of units proposed up to the permitted maximum of 100 units in the PAC. The initial application for final approval may be for no more than 50 units. Similarly, subsequent applications for final approval may be in phases of no more than 50 units.
(2)
Area and bulk requirements.
[Amended 9-13-1988 by Ord. No. 96-1988; 5-9-1989 by Ord. No. 105-1989]
(a)
Distance between buildings: twice the height of the highest structure.
(b)
Coverage: a maximum of 25% for structures and impervious paving based upon the developed site area.
(c)
Height: 35 feet for principal buildings and 15 feet for accessory buildings.
(d)
Common open space: minimum common open space shall be 30%. Such open space shall be restricted by an open space easement or by private deed restrictions running in favor of the residents of the development and of the City, and responsibility for maintenance shall lie with a homeowner's association or similar entity.
(e)
Buffering: minimum one-hundred-foot landscaped or naturally vegetated buffer on the perimeter of the development. Where necessary, the one-hundred-foot buffer shall be increased in depth or supplemented by additional plantings or berming so as to provide a significant visual buffer during all seasons of the year.
(f)
Access: vehicular ingress and egress shall be limited to Pitney Road and Moss Mill Road.
(g)
Waivers: bulk requirements may be waived or modified in order to encourage flexibility in design and layout and to protect environmentally sensitive areas. Clustering of units and neighborhood grouping is encouraged.
(3)
Design controls.
(a)
The architectural design of all buildings, site selection and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for older persons and should take into account the desires and needs of older persons for privacy, participation in social and community activities and access to the community facilities. Provisions must be made to accommodate the limitations that may accompany advancing years.
(b)
Consideration must be given in planning walks, ramps and driveways to minimize slipping or stumbling, and handrails and ample places for rest should be provided throughout the development. Gradients of walks shall not exceed 10%, and single-riser grade changes in walks should be avoided. Adequate indoor and outdoor recreation and community facilities should be provided to meet the needs of the residents. Pedestrian and bicycle paths shall be included in the open space wherever feasible.
(c)
The architectural design of the homes shall take into account the special needs of older persons. Entries to the homes shall normally be close to grade and covered to provide protection from the elements. Stairs should be designed to allow adaptation to chair lifts. In general, the homes should be designed to meet the requirements of an adaptable handicapped unit as described in the New Jersey Uniform Construction Code. Specifically, the kitchens and baths should be arranged to be easily modified for handicapped use. Hallways and doors should be sized to meet handicap access requirements. Medical alert and security systems should be available at the owner's option. Interior finish items, such as door hardware, electrical controls and equipment operating mechanisms, should be selected and located according to handicapped requirements. Windows should be operating with locking hardware which does not require fine digital dexterity. The community center should be designed to meet the requirements of the New Jersey Uniform Construction Code for a barrier-free building. Homes in the development shall contain no more than two bedrooms. Dens, family rooms or similarly identified rooms shall not be designed in such a manner as to facilitate conversion for use as additional bedrooms.
(d)
In addition to the standards for open space management organization set forth in § 160-96, the developer must provide a homeowners' association or other similar entity to hold title to common property, manage and maintain the common property and enforce covenants and restrictions appropriate to maintain the character and quality of the development. The financial soundness of such association or other entity shall include fee arrangements guaranteed by assessments levied on the owners of property in the development through permanent deed restrictions or other suitable guaranties. The association or other entity shall be responsible for general maintenance and welfare of the community, including but not limited to snow removal and trash collection, street maintenance and security.
(4)
Application requirements. In addition to those requirements otherwise set forth in this chapter, the applicant for a planned adult community must submit the following:
(a)
A common open space map at a scale of one inch equals 200 feet showing all areas of the site to be designated as common open space and the designation of each area according to its proposed use and the type, size and general location of planting or other screening techniques to be used in buffer areas. The map shall denote the size of each designated area in acres and the total common open space area in acres and as a percentage of the site.
(b)
An open space report outlining a form of organization proposed to own and maintain the common open space and identifying how the common open space and recreation facilities relate to existing and proposed City open space areas and facilities.
(c)
A development schedule, if the proposed construction is to extend over more than two years. Included should be a schedule map at a scale of one inch equals 200 feet showing the location of each successive annual phase of the development and a schedule report listing by annual phase the number of residential units by type, the amount and location of nonresidential construction, the type and location of open space structures and improvements and the type and location of public improvements.
(d)
A security report detailing the design measures and other techniques proposed to be incorporated in the development to ensure resident security and safety.
(e)
Homeowners' association organization documents. These documents shall include articles of incorporation; bylaws and membership rules and regulations defining rights, duties and responsibilities; a master deed detailing the rights and privileges of individual owners; covenants or easements restricting the use of open space; and covenants or restrictions for the funding and maintenance of the open space, community facilities and character of the development.
(f)
Details for the establishment and organization of an architectural review committee with controls appropriate for the maintenance of the character and quality of the development.
(g)
Wildlife, vegetation, soil, water quality and energy controls. These controls must ensure appropriate design, quality of materials and construction techniques, as well as long-term operation of the development. The report shall include an analysis of existing surface and groundwater quality, proposed water quality standards to be maintained, monitoring proposals and a listing and map of all soil types, including areas proposed for preservation and for development. Individual septic systems shall be utilized for wastewater treatment, with no individual common system exceeding a capacity of 500 gallons per day.
[Amended 5-9-1989 by Ord. No. 105-1989]
(h)
Building plans showing typical floor plans, elevations and sections of all proposed structures, including proposed materials, finishes and architectural elements.
(i)
A report detailing the design elements incorporated to meet the special needs of older persons.
(j)
Traffic report. A traffic report shall include an analysis of traffic patterns and levels of service before and after development. The report shall include a proposal for monitoring traffic in compliance with the annual report requirement.
[Added 5-9-1989 by Ord. No. 105-1989]
(k)
Fiscal analysis. An analysis of the population and development shall include a fiscal analysis based on commonly accepted methodology.
[Added 5-9-1989 by Ord. No. 105-1989]
(l)
Community relations. A review of the relationship of PAC activities and the effect or impact on the community in general.
[Added 5-9-1989 by Ord. No. 105-1989]
(5)
Residency limitations.
[Amended 5-9-1989 by Ord. No. 105-1989]
(a)
Residency in a PAC is limited and restricted by age as set forth herein, and in order to qualify as a PAC a development must provide adequate controls to ensure the age-restricted character of the project. Such controls must comply with the requirements of the Fair Housing Act, 42 U.S.C. § 3601 et seq., any regulations adopted pursuant thereto and any other federal standards or requirements for age-restricted housing. To the extent that any federal requirement is more stringent or restrictive than the requirements set forth herein, such more stringent or restrictive requirement shall apply. No one may reside in or occupy a dwelling unit in the development unless such person is 55 years of age or over, with the following exceptions:
[1]
A husband or wife under the age of 55 years who is residing with his or her spouse who is 55 years of age or over.
[2]
Children and grandchildren residing with their parents or grandparents where one of said parents or grandparents with whom the child or children or grandchild or grandchildren is residing is 55 years of age or older, provided that said child or children are over the age of 18 years.
[3]
Adults under 55 years of age, who may be admitted as permanent residents if it is clearly established that the presence of such person is essential for the physical care or economic support of an eligible older person.
[4]
Normal and customary visiting by family or social guests of limited duration not normally exceeding eight weeks and not resulting in establishment of a permanent residency, domicile or long-term occupancy.
(b)
These exceptions must be strictly and narrowly construed with the intent and purpose of maintaining the age-restricted character of the development. The applicant must establish that the proposed controls are adequate to ensure compliance with federal requirements for age-restricted housing, and such controls must provide that they may not be revised or amended except in such a manner as to comply with federal requirements for age-restricted housing and may be revised only with the approval of the Port Republic Planning Board.
(6)
Low- and moderate-income housing. Any planned adult community must provide a total of 15 low- and moderate-income housing units in the City of Port Republic. This represents Port Republic's obligation under the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(a)
The full details of how the applicant proposes to comply with this requirement must be provided at the time of application for preliminary approval, and preliminary approval shall not be granted unless the applicant adequately demonstrates such compliance.
(b)
The Planning Board may waive a portion of an applicant's obligation to provide low- and moderate-income housing if the applicant clearly demonstrates that it would be impractical and unreasonable to require it to provide the full number of such housing units.
(c)
The low- and moderate-income housing provided under this article shall comply with the requirements of the Fair Housing Act and the rules adopted by the Council on Affordable Housing, unless waived by the Planning Board.
(7)
Reports and standards. The following reports shall be required on an annual basis during the duration of any approval and as a part of any application for final approval of a subsequent phase beyond the initial phase. Such report shall adequately address the following issues and shall establish compliance with the listed standards. Compliance with such standards shall be a minimum condition for approval of any subsequent phase and also shall be required for the continued issuance of building permits for any approved units. The report required for final approval of a subsequent phase beyond the initial phase must be based upon at least six months of occupancy of at least 75% of the units for which final approval was previously granted. At the time of preliminary approval the applicant must adequately establish the methodology and procedures to be used in the reports, including testing and monitoring standards. Preliminary approval may not be granted unless such methodology and procedures are approved.
[Added 5-9-1989 by Ord. No. 105-1989]
(a)
Water quality. This report shall include quarterly samples in accordance with an approved monitoring plan and shall establish compliance with all county and state water quality standards.
(b)
Traffic. The traffic report shall include quarterly counts in accordance with an approved monitoring plan and shall establish continued maintenance of level of service A.
(c)
Fiscal impact. This fiscal impact report shall compare tax revenues with all governmental costs of the PAC, consistent with the initial application analysis, and must show a substantial positive fiscal impact. An accurate accounting of resident PAC population shall be provided, and the average population shall not be more than two persons per occupied unit.
(d)
Community relations. The community relations report shall review the relationship of PAC activities and the effect or impact on the community in general, including specific examples of any positive or negative incidents or impacts. An overall positive community impact is required.
§ 160-49 Agricultural-Residential District.
A.
Intent. Major farming operations are on the decline regionally, and there continues to be a need for smaller agricultural-residential combinations. This district providing for five acres of agricultural zoning recognizes this need and recognizes the environmental limitation inherent in much of Port Republic. This district forms a buffer between more intense development and protected areas, including the Pinelands.
B.
Uses.
(1)
Principal uses and buildings.
(a)
Single-family detached dwellings.
(b)
Parks, playgrounds and other publicly operated recreational uses or structures, subject to Planning Board site plan design review.
(c)
Customary and conventional farming operations.
(d)
Public buildings of a governmental or cultural nature, subject to Planning Board site plan design review.
(e)
Public or private schools and institutions of higher learning, subject to Planning Board site plan design review.
(f)
Golf courses, but not less than a nine-hole regulation course containing not less than 3,000 yards.
(3)
Accessory uses and buildings. Accessory uses and buildings shall be those as set forth in § 160-44B(3) for City Central Residential (Historic District) and:
(a)
Customary farm buildings for the storage of products or equipment or for the processing of farm products which are located on the same parcel as principal use.
(b)
Temporary roadside stands in connection with a farm operation for the purpose of display and sale of farm products during the season.
C.
Area and bulk requirements.
(1)
Lot size: five acres minimum.
(2)
Lot width: 200 feet minimum.
(3)
Lot coverage: 20% maximum.
(4)
Lot depth: 200 feet minimum.
(6)
Front yard setback: 50 feet minimum. In the case of corner lots, all yards fronting on a street will be considered front yards.
(7)
Side yard setbacks: 20 feet minimum each side.
(8)
Rear yard setback: 20 feet minimum.
(9)
Dwelling unit size: 1,000 square feet of floor area minimum for a one-story dwelling; 1,200 square feet of floor area minimum for a two-story dwelling, with a minimum of 800 square feet on first floor, excluding garages and porches.
§ 160-50 Village Commercial District.
A.
Intent. Commercially zoned land within the central community has not been utilized fully. Residential uses were beginning to consume land within the previous commercial zone. This village commercial designation more appropriately describes the types of development envisioned for the future. Planned commercial development is encouraged.
B.
Uses.
(1)
Principal uses and buildings.
(a)
Retail stores and service establishments.
(b)
Fully enclosed restaurants.
(c)
Professional offices of doctor, dentist, lawyer, professional engineer, certified public accountant, architect or other professional person.
(d)
Craft shops; studios for artists, photographers and sculptors; barbershops; beauty parlors; convenience stores; florist shops; drugstores and banks.
(e)
Gasoline service stations and auto repair garages, subject to other design considerations set forth in this chapter.
(2)
Accessory uses and buildings. Accessory uses and buildings shall be those customarily incident to the principal uses permitted in this district.
C.
Area and bulk requirements.
(1)
Lot size: two acres minimum.
(2)
Lot width: 200 feet minimum.
(3)
Lot depth: 200 feet minimum.
(4)
Lot coverage: 35% maximum.
(6)
Front yard setback: 20 feet minimum. In the case of corner lots, all yards fronting on a street will be considered front yards.
(7)
Side yard setbacks: can be varied or eliminated, subject to Planning Board site plan approval, to encourage designs calling for more than one attached structure on the same lot. However, where this commercial district adjoins residential uses presently existing, minimum side yard requirements of residential districts shall apply in addition to necessary buffers.
(8)
Rear yard setback: 20 feet minimum.
§ 160-51 Highway Commercial District.
A.
Intent. This district encourages major commercial concentrations with easy highway access. Port Republic has a major area adjoining United States Route 9 where development pressures will increase, and it is desirable that strip commercial development be avoided. Planned commercial development is encouraged.
B.
Uses.
(1)
A building or land shall be used only for the following purposes:
(a)
Retail stores and service establishments.
(b)
Fully enclosed restaurants with or without liquor licenses.
(c)
General businesses and professional offices.
(d)
Banks.
(e)
Motels or hotels.
(f)
Gasoline service stations and auto repair garages, provided that:
[1]
Except for gasoline and oil sales, changing of tires or other minor services, all repair work shall be carried on in fully enclosed structures.
[2]
Equipment or parts, including junk vehicles, shall not be stored outdoors.
[3]
All gasoline and similar substances shall be stored underground at least 25 feet from any property line other than a street line. No gasoline pump shall be erected within 20 feet of any street or property line.
(g)
Automobile sales (new and used) and service establishments, provided that:
[1]
All automobile service and body work activities shall be conducted within fully enclosed structures.
[2]
All service entrances and exits shall be located at the rear or sides of principal buildings.
[3]
The sale of gasoline shall not be conducted on the premises.
[4]
The outdoor display area of new and used vehicles for sale purposes shall be set apart as a single parking unit and shall not occupy more than 60% of the total frontage along the front property line.
(h)
Recreational uses, including but not limited to golf and tennis.
(2)
Accessory uses and buildings. Accessory uses and buildings shall be those customarily incident to the principal uses permitted in this district.
C.
Area and bulk requirements.
(1)
Lot size: two acres minimum except for auto sales (new and used) and service, which requires a minimum of three acres.
(2)
Lot width: 200 feet minimum.
(3)
Lot depth: 200 feet minimum.
(4)
Lot coverage: 35% maximum.
(5)
Front yard setback: 50 feet minimum. In the case of corner lots, all yards fronting on a street will be considered front yards.
(6)
Side yard setbacks: 50 feet minimum each side.
(7)
Rear yard setback: 50 feet minimum.
(9)
Motel unit size: 225 square feet of floor area minimum.
§ 160-52 Marine Commercial (Mullica River) District.
A.
Intent. This district recognizes the marine district adjoining the Mullica River which enjoys excellent access and visibility but which is currently underutilized. Planned commercial development is encouraged.
B.
Uses. Building or land shall be used only for the following purposes:
[Amended 12-10-2019 by Ord. No. 08-2019]
(1)
Principal uses and buildings.
(a)
Marina and marine service facilities, including boat sales and rentals; marine engine repairs and sales; marine supplies and equipment sales; bait and tackle sales; shipbuilding yards and ways; dockage and storage of boats in conjunction with dockage; boat landing; boat repairs; and marine gasoline pumps on docks or bulkheads.
(b)
Marine-oriented gift shops.
(c)
Restaurants with or without liquor license.
(d)
Motels, hotels and boatels.
(e)
Recreational uses.
(f)
Single-family homes.
(2)
Accessory residential uses and buildings. Accessory uses and buildings shall be those customarily incident to the principal residential uses permitted in this district and shall include:
(a)
Private auto garages for the exclusive use of building residents.
(b)
Private utility sheds, greenhouses, bathhouses, playhouses and stables, which must comply with all provisions for this district.
(c)
Private swimming pools for the exclusive use of building residents and their guests, provided that the water ledge of the pool shall be a minimum of 10 feet from any and all property lines and that adequate fencing, with gate and lock, shall be utilized to prevent unauthorized use. This fencing shall surround the pool itself and yard in which it is located or the entire property and shall be a minimum of four feet in height.
C.
Area and bulk requirements.
§ 160-53 Marine Commercial (Nacote Creek) District.
A.
Intent. This district recognizes the marine district adjoining the Nacote Creek as United States Route 9 which really acts as an extension of the residential community. The small dockage and storage facilities within this district offer a diversity to Port Republic while also fulfilling a local and regional need. Planned commercial development is encouraged.
B.
Uses. Building or land shall be used only for the following purposes:
(1)
Principal uses and buildings.
(a)
Marina and marine service facilities, including boat sales and rentals; marine engine repairs and sales; marine supplies and equipment sales; bait and tackle sales; shipbuilding yards and ways; dockage and storage of boats in conjunction with dockage; boat landing; boat repairs; marine gasoline pumps on docks or bulkheads.
(b)
Marine-oriented gift shops.
§ 160-54 Public District.
A.
Intent. This district recognizes an existing use of part of Port Republic for public and semipublic use and continues those uses and permits others, subject to Planning Board site plan review.
B.
§ 160-55 Campgrounds District. [1]
A.
Intent. This district recognizes an existing use of part of Port Republic as in keeping with its rural character.
B.
Uses. Campgrounds, upon the following conditions:
(1)
The area shall not be less than 25 acres of upland with not less than two acres of it set aside for recreational uses.
(2)
For every camping area in excess of 25 acres, one acre of recreational use shall be set aside for each additional five acres.
(3)
Camping vehicles such as camper, travel trailer and other units, camping units, whether or not built or mounted on a vehicle or chassis designed without permanent foundation, which are used for temporary dwelling or sleeping purposes, shall not exceed 32 feet in length and shall be permitted only upon the following conditions:
(a)
Occupancy of any campsite or campsites in a particular campground by the same person or persons from November 1 to April 1 shall not be permitted for more than 16 days in any calendar month, "occupancy" being defined as having the camping unit, as defined under § 160-6, on site. From January 5 to January 31, all campgrounds must be closed.
[Amended 11-10-1981 by Ord. No. 10-1981; 12-22-1981 by Ord. No. 13-1981; 5-8-1990 by Ord. No. 04-1990]
(b)
Unoccupied camping units and equipment shall not be permitted to remain on any campsite or campsites during the period from November 1 to April 1 unless stored at a designated storage area on the campground.
[Amended 11-10-1981 by Ord. No. 10-1981]
(c)
Unoccupied camping units and equipment shall be permitted during April, May, June, July, August, September and October.
[Amended 11-10-1981 by Ord. No. 10-1981]
(4)
Permitted accessory uses shall include a camp grocery store, snack bar, laundromat, propane station, swimming pool and related swimming pool facilities.
[Added 4-10-1971; amended 6-11-2002 by Ord. No. 03-2002]
(5)
All campgrounds shall comply with the requirements of Chapter XI of the New Jersey State Sanitary Code.
§ 160-56 Conservation-Recreation District.
A.
Intent. This district recognizes that certain areas within the City of Port Republic are subject to tidal flow and/or flooding and fall within the State of New Jersey Department of Environmental Protection classification of wetlands or are within the State of New Jersey Fish and Wildlife Management area or are within the Brigantine National Wildlife Refuge. This district is subject to environmental limitations and an environmental impact statement is required for all development.
B.
Uses.
(1)
Parks, playgrounds and other publicly oriented recreation uses associated with the natural environment and not requiring the construction of any structures, streets or parking facilities.
(2)
Public wildlife reserves or refuges designed for passive recreation, hunting or fishing.
(3)
Dams, culverts and bridges with appropriate local, state and federal approvals.
(4)
Fish or game clubs.
(5)
Utility transmission lines.
§ 160-57 Pinelands Preservation Area District.
[Added 9-11-1990 by Ord. No. 08-1990]
A.
Intent. This district recognizes that certain areas within the City of Port Republic are within the Preservation Area of the Pinelands Area. It is characterized by a network of pristine wetlands, streams and rivers, all of which support diverse plant and animal communities. The area must be protected from development and land use that would adversely affect its long-term ecological integrity.
B.
Uses.
(1)
Permitted uses:
(a)
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(b)
Forestry.
(c)
Beekeeping.
(d)
Fish and wildlife management and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 2-12-2019 by Ord. No. 01-2019]
(e)
Pinelands development credits.
(2)
Conditional uses:
(b)
Low-intensity recreational uses, provided that:
[1]
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
[2]
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
[3]
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
[4]
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
[5]
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 2-12-2019 by Ord. No. 01-2019]
(c)
Expansion of intensive recreational uses, provided that:
[Amended 3-11-1997 by Ord. No. 02-1997]
[1]
The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
[2]
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
[3]
The use is environmentally and aesthetically compatible with the character of the Preservation Area District and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
(d)
Campgrounds, in accordance with the standards of Subsection B(2)(b) above, provided that the parcel will contain no more than one campsite per two acres and that, if clustered, the campsites not exceed a net density of six per acre.
(e)
Public service infrastructure which is necessary to serve only the needs of the Pinelands Preservation Area District uses. Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Preservation Area District only in accordance with § 160-144B(2).
[Amended 3-11-1997 by Ord. No. 02-1997]
(f)
Continuation of existing resource extraction operations in accordance with the standards of § 160-143.
(h)
Home occupations.
(4)
Area and bulk requirements:
(a)
Lot size: 3.2 acres minimum for detached single-family residence permitted only as a conditional use pursuant to § 160-15D.
(b)
Height: 35 feet maximum.
(c)
Front yard setback: 200 feet minimum. In the case of corner lots, all yards fronting on a street will be considered front yards.
(d)
Side yard setback: 75 feet minimum.
(e)
Rear yard setback: 60 feet minimum.
(f)
Notwithstanding the minimum lot areas set forth in Subsection B(4)(a) above, no such minimum lot area for a nonresidential use within the Pinelands Preservation Area shall be less than that needed to meet the water quality standards of § 160-144B(4), whether or not the lot may be served by a centralized sewer treatment or collection system.
§ 160-58 Pinelands Village Residential District.
[Added 9-11-1990 by Ord. No. 08-1990]
A.
Intent. This district recognizes the existing residential and recreational character of the Pinelands Village of Port Republic.
B.
Uses.
(2)
Conditional uses:
(b)
Parks, playgrounds and other publicly operated recreational uses or structures subject to Planning Board site plan design review.
(c)
Public buildings of a governmental or cultural nature subject to Planning Board site plan design review.
(d)
Public and private schools and institutions of higher learning subject to Planning Board design review.
(e)
Places of worship subject to Planning Board site plan design review.
(f)
Public utilities necessary to serve the needs of the PVR and PVA Districts.
(g)
Home occupations.
(3)
Accessory uses and buildings:
(a)
Any use or building accessory to the permitted and conditional uses.
(4)
Area, yard and bulk requirements:
(a)
Lot size: one acre minimum. Any municipal variance which grants relief from the lot area requirements set forth in this section for the PVR District shall require that Pinelands development credits be used for a residential or principal nonresidential use in all dwelling units or lots in excess of that permitted without the variance.
[Amended 3-8-1994 by Ord. No. 02-1994; 3-11-1997 by Ord. No. 02-1997]
(b)
Lot width: 150 feet minimum.
(c)
Lot depth: 150 feet minimum.
(d)
Lot coverage: 20% maximum.
(f)
Front yard setbacks: 50 feet minimum. In the case of corner lots, all lots fronting on a street will be considered front yards.
(g)
Side yard setback: 20 feet minimum.
(h)
Rear yard setback: 20 feet minimum.
§ 160-59 Pinelands Village Agricultural District.
[Added 9-11-1990 by Ord. No. 08-1990]
A.
Intent. This district recognizes the existing residential and five-acre farm development character and the environmental limitations of the Pinelands Village of Port Republic.
B.
Uses.
(2)
Conditional uses:
(b)
Parks, playgrounds and other publicly operated residential uses or structures subject to Planning Board site plan design review.
(c)
Public buildings of a governmental or cultural nature subject to Planning Board site plan design review.
(d)
Public and private schools and institutions of higher learning subject to Planning Board site plan design review.
(e)
Places of worship subject to Planning Board site plan design review.
(f)
Public utilities necessary to serve the needs of the PVR and PVA Districts.
(3)
Accessory uses and buildings:
(a)
Any use or building accessory to the permitted and conditional uses.
(4)
Area and bulk requirements:
(a)
Lot size. Any municipal variance which grants relief from the lot area requirements set forth in this section for the PVA District shall require that Pinelands development credits be used for a residential or principal nonresidential use in all dwelling units or lots in excess of that permitted without the variance.
[Amended 3-8-1994 by Ord. No. 02-1994; 3-11-1997 by Ord. No. 02-1997]
(b)
Lot width: 200 feet minimum.
(c)
Lot coverage: 20% maximum.
(d)
Lot depth: 200 feet minimum.
(f)
Front yard setback: 50 feet minimum. In the case of corner lots, all yards fronting on a street will be considered front yards.
(g)
Side yard setback: 20 feet each side minimum.
(h)
Rear yard setback: 20 feet minimum.