Somerdale City Zoning Code
ARTICLE XXI
General Regulations
§ 162-110 Reduction of lot area.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 162-111 Interpretation of yard requirements.
No yard or other open space provided about any building or structure for the purpose of complying with this Part 4 shall be considered as a yard or other open space for another building or structure.
§ 162-112 Visibility at intersections.
Within an area the radius of which extends a distance of 25 feet from the point of intersection of street lines of two streets, no fence, wall or vegetation shall be erected or maintained more than 2 1/2 feet above the mean curb level, except shade trees trimmed up to a distance of 10 feet, as measured from the ground, and except a building permitted hereunder.
§ 162-113 Prohibitions.
[Amended 7-8-1998 by Ord. No. 98:08; 6-9-1999 by Ord. No. 99:06; 10-11-2000 by Ord. No. 2000:12]
A.
No building, structure or lot shall be used for any trade, business or purpose which is or may be reasonably expected to be noxious or offensive by reason of causing or emitting odor, smoke, vapor, gas, dust, garbage, refuse matter or noise, including the housing of an internal-combustion engine or machinery, unless the objectionable noise and vibrations are eliminated, that is detrimental to the health or general welfare of the Borough.
B.
No building, premises, lot or any part thereof shall be used and no building shall be erected which is arranged, intended or designed to be used in any district for any of the following specified trades or other uses:
(1)
Chemical manufacture or processing of chemicals.
(2)
Manufacture of cement or cement products.
(3)
Piggeries.
(4)
Junkyards.
(5)
Used car lots, including the sale of any used car or any used item, including but not limited to boats, trailers, motorcycles, etc., on any lot that is zoned for commercial uses (regardless of its actual use) by being located in the B1 Business District or B2 Shopping Center Business District Zones.
(6)
Varnish or paint products manufacture.
(7)
Coal yards or lumberyards.
(8)
Sawmills or planting mills.
(9)
Surface mining.
C.
No radio or television interference shall be permitted in any district.
D.
No trailers shall be permitted unless in conformance with the provisions of Chapter 243 of this Code.
E.
No wireless telecommunications towers or antennas shall be permitted in any district within the Borough of Somerdale except in the Municipal/Facilities District. Notwithstanding the above, no wireless telecommunications tower or antenna shall be permitted within 200 feet of any residence, public school or public recreation facility.
G.
No wood burning boilers shall be permitted in any zoning district within the Borough.
[Added 5-14-2015 by Ord. No. 2015:05]
§ 162-114 Irregularly shaped lots.
In case of irregularly shaped lots where sides are not parallel the average width of the lot may be taken in place of the actual street frontage and in such cases the street frontage shall not be less than 66 2/3% of the minimum widths herein prescribed.
§ 162-115 Portable structures.
A.
No buildings or structures of a portable nature, stationary vehicles or stands of any description shall be permitted on any lot or parcel of land for the purpose of displaying or selling food, merchandise or commodities of any kind.
B.
No trailer shall be used as an office or for the storage of equipment or merchandise; except when authorized by the Zoning Officer temporarily for the duration of and in conjunction with the construction of buildings.
§ 162-116 Restricted dwellings.
No barn, building or structure of a temporary nature, garage, house trailer, outbuilding, shack or tent shall be placed, erected or permitted to be used, either temporarily or permanently, on any lot or parcel of land for living or sleeping purposes in any district.
§ 162-117 Minimum dwelling area.
[Amended 7-8-1998 by Ord. No. 98:08]
When a building is used in part for dwelling or sleeping purposes, the minimum area used for these purposes shall not be less than 350 square feet per family. In detached duplex or multiple dwellings, there shall also be a minimum of 350 square feet per family.
§ 162-118 Projections.
The following regulations shall apply to projections and encroachments into required open spaces:
A.
Bay windows, oriels and open balconies shall not project more than five feet into the required front or rear yard, nor shall they be closer to the side lot line than the minimum width of the side yard required in their respective districts.
B.
Open or enclosed porches not over one story in height shall not project more than eight feet into the required front yard, nor shall they be closer to the side lot line than the minimum width of the side yard required in their respective districts.
C.
An open or enclosed fire escape or balcony to a fire tower or fire escape shall not project more than four feet into a side yard.
D.
All outside service stairs leading to other than the first floor shall be at the rear of the building.
§ 162-119 Conformance required.
No building or structure or part thereof shall hereafter be erected, constructed or altered and no building, structure or land or part thereof shall be used except in conformity with this Part 4.
§ 162-120 Display of merchandise.
[Amended 7-8-1998 by Ord. No. 98:08]
No merchandise shall be displayed or stored in front of, behind or on the side of any building within five feet of any sidewalk and, in the event that there is no sidewalk, within five feet of any property line, right-of-way or access easement line. No goods, articles, appliances, vehicles or other merchandise shall be displayed or stored in the Business Districts (either B1 or B2), unless said items are to be sold on the subject premises and unless said items shall be located to the rear of the front building setback line and screened in a manner which prevents them from being viewed from the street of from any residential property. Visible storage of any items of any kind shall not be permitted on the premises within any residential district.
§ 162-121 Accessory buildings.
In any residential district, no accessory building shall exceed 20 feet in height or extend within five feet of any side or rear lot line, with the exception that, by mutual agreement of adjoining property owners, a twin (jointly owned) garage may be erected upon side or rear lot lines. A garage connected to a house by a breezeway or similar structure shall not be considered an accessory building, but an attached garage, and shall be subject to the same setback and side yard restrictions as the house. On a corner lot, the accessory building shall not be closer to any street than the principal building setback.
§ 162-122 Height regulations.
The maximum height of buildings shall be as follows:
A.
In all residential districts, 2 1/2 stories or 35 feet in height above the mean curb level measured at the building setback line. Where the average ground elevation at the building setback line is higher than the mean curb level, such difference in height may be added to the height limit. In the case of a terrace or open steps at the building setback line, such difference in height may be added to the height limit, provided that such additional height does not exceed 3 1/2 feet.
§ 162-123 Private swimming pools.
§ 162-124 Fences.
[Amended 7-8-1998 by Ord. No. 98:08; 6-9-1999 by Ord. No. 99:06]
Around the front yard, fences shall be a maximum of four feet in height. Side yard and rear yard fences shall be a maximum of six feet in height, except as provided in § 162-112. Fences shall be required around swimming pools in accordance with the New Jersey Construction Code and all other applicable regulations. For any fence when there is a difference between the sides of the fence itself, it shall be constructed so that the finished or most aesthetically-pleasing side is facing outward from the fence-owner's property, with the unfinished or least aesthetically-pleasing side facing inward whenever possible.
§ 162-125 Soil removal and mineral extraction.
No soil, mineral or similar material may be removed from any lot except that which is purely incidental to the construction of a building structure. No excavation on any lot exceeding one foot in depth, except for the purpose of locating poles or underground service connections of public utilities, shall be permitted unless a building permit is first secured.
§ 162-126 Corner lots.
[Added 7-8-1998 by Ord. No. 98:08]
For corner lots that front on two streets, the yard that the front of the house, building or structure faces on shall be deemed the front yard; a front yard building setback shall be 25 feet from the street line (front lot line). The second yard that fronts on a street (but without the front of the house, building or structure facing it) shall be deemed a side yard; the side yard building setback for such a side yard shall be 20 feet from the street line (front lot line).
§ 162-127 Site plans required.
§ 162-128 Buffer.
[Amended 7-8-1998 by Ord. No. 98:08]
Where business or industrial establishments or other high-traffic-generating uses abut a residential district, a landscape fence or evergreen planting providing visual obstruction shall be provided. Such fence or planting materials shall be at least four feet high at the time of construction or planting, and it shall be the responsibility of the property owner to carry out this program and provide for its maintenance. The location and design of buffer strips shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevation, the type of buffer, such as dense planting, wooded areas, walls, fences or landscaped earth berms, buffer height and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guidelines that the closer of a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in observing light and vision and reducing noise beyond the lot.
§ 162-129 Commercial vehicles in residential districts.
A.
Space in a private garage in a residential district may be used for not more than one commercial vehicle. Space in a garage may be rented for not more than two vehicles of other than occupants of the building to which such garage is accessory.
B.
No commercial vehicle of more than three-fourths-ton capacity including tractors, trailers or any other type of commercial vehicle, shall be stored overnight or on Sunday on the land or premises in a residential district, except in a garage. No commercial vehicle of more than three-fourths-ton capacity, including tractors, trailers or any other type of commercial vehicle, shall be stored overnight or on Sunday in any public street. No display vehicle for commercial purposes shall remain in any district or on any public street for longer than a twenty-four-hour period. For the purposes of this section, "overnight" shall be construed to mean between the hours of 9:00 p.m. and 7:00 a.m.
C.
No commercial vehicle shall habitually use the streets in residential areas as thoroughfares.
§ 162-130 Off-street parking and loading.
[Amended 7-8-1998 by Ord. No. 98:08; 12-13-2000 by Ord. No. 2000:17]
A.
Use regulation. In all districts in which the types of buildings and uses specified hereinafter are permitted by this Part 4, off-street parking and off-street loading facilities in connection with such buildings erected after the adoption of this Part 4 and any extension, addition or enlargement of such buildings shall be provided in an amount not less than that hereafter specified. In addition, off-street parking must comply and be compatible with the limits for maximum occupancy as specified by the municipal Fire Marshal or his designated representative.
B.
Off-street parking. Off-street parking as set forth in this section shall be determined in accordance with the following:
(1)
For a hotel, motel, boardinghouse or similar use, one parking space for each 100 square feet of bedroom floor area.
(2)
For a church, auditorium, theater, stadium, recreational establishment or similar use involving the assembly of persons, one parking space for each three seats. For a church or other establishment which has pews or benches instead of individual seats, every 24 inches shall be deemed a separate seat for the purposes of this provision.
(3)
For an office building, professional building or similar use, one parking space for each 300 square feet of floor area.
(4)
For each retail store, shop, bank or similar establishment, one parking space for each 200 square feet of first-floor retail merchandise or commercial area and one parking space for each 400 square feet of such area above or below the first floor.
(5)
For a restaurant, nightclub, bar or similar place dispensing food, drink or refreshments, one parking space for every 2.5 seats, plus one parking space for every two employees on the shift of greatest employment.
(6)
For a manufacturing establishment or industrial plant, one parking space for each 400 square feet of floor area, exclusive of storage space.
(7)
For hospitals, nursing homes and similar uses, one parking space for each three beds, plus one space for each two employees other than staff doctors plus one space for each doctor assigned to the staff.
(8)
For one-family and two-family dwellings, two parking spaces per dwelling unit.
(9)
For apartments, 1.8 parking spaces per unit.
(10)
For business schools, trade schools, child-care centers, nurseries, etc., 10 parking spaces per 1,000 square feet of classroom area plus 4.5 parking spaces per 1,000 square feet of faculty and administrative offices; and one for day care and nurseries, one parking space for every four children plus four parking spaces per 1,000 square feet for drop off and pickup.
C.
Off-street loading.
(1)
For any building or premises used for commercial, industrial or storage purposes, indoor or outdoor space for loading and unloading of goods and materials shall be provided on the premises whenever the aggregate area used for such purposes is 6,000 square feet or more, in accordance with the following schedule:
D.
The off-street parking facilities required for other similar buildings specified in Subsection B and for other similar uses shall be on the same lot or parcel of land as the building they are intended to serve unless adequate nearby facilities shall have been approved by the Zoning Board of Adjustment or Planning Board.
§ 162-131 Recreational vehicles and boats.
[Amended 8-9-2023 by Ord. No. 2023:09]
A.
This section applies to mobile homes, recreational, boats, boat trailers, vehicle trailers and any other vehicle designed for residential occupancy Vehicles (hereafter vehicle or vehicles).
B.
Any vehicle covered by this section may be parked and/or stored only in compliance with this section.
C.
In any residential district, there shall be no more than two parked or stored vehicles at any single property.
D.
Any parked or stored vehicle shall be parked or stored in the side yard behind the front building line or the rear yard.
E.
Any parked or stored vehicle will be at least five feet from the side or rear boundary line.
F.
No parked or stored vehicle shall be used for human habitation nor shall any parked or stored covered vehicle have any utility connections.
§ 162-131.1 Home occupations.
[Added 7-8-1998 by Ord. No. 98:08; amended 3-8-2000 by Ord. No. 2000:05]
The following regulations shall apply to all home occupations:
A.
Home occupations shall only be allowed as an accessory use to a primary residential use.
B.
The floor area devoted to the home occupation shall not exceed 150 square feet.
C.
No vehicles, material or equipment related to the home occupation shall be parked or stored on the outside of the residential building.
D.
No employees of the home occupation, except for members of the immediate family residing on the premises, shall be employed at the site.
E.
No nonresident employees, customers, business invitees or guests shall visit the dwellings unit for business purposes.
F.
No article or item of merchandise shall be sold or offered for sale at the site unless same was made or produced by members of the immediate family residing on the premises.
G.
No home occupation use shall be permitted unless clearly incidental to the use of the dwelling for dwelling purposes and provided such proposed use does not change the character of said dwelling, including but not limited to, no special signs, lights, parking, storage, etc.
H.
The home occupation use shall not be served by an entrance separate from the regular household entrance.
I.
The home occupation use shall not operate any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception detectable by neighboring residents.
J.
The home occupation use shall not require any increased or enhanced electrical or water supply.
K.
The quantity and type of solid waste disposal shall be the same as other residential uses in the zone district.
L.
The capacity and quality of effluent shall be typical of normal residential use, and shall create no potential or actual detriment to the sanitary sewer system or its components.
M.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other similar-type delivery services providing regular service to residential uses in the zone district.
N.
All vehicular traffic to and from the home occupation use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
O.
No home occupation use shall be allowed if the same shall adversely affect the safe and comfortable enjoyment of property rights of the neighborhood, the community and the zone in which it is to be located.
P.
Each applicant for a Home Occupation use shall pay an Annual Registration Fee due on or before January first of each year; the Annual Fee for Home Occupations shall be in accordance with the Annual Fee Ordinance of the Borough of Somerdale.
§ 162-131.2 Principal buildings to front on public streets.
[Added 4-12-2023 by Ord. No. 2023:03]
A.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough standards pursuant to the subdivision regulations of the Borough. In the case of lots not comprising portions of an approved subdivision, the minimum standards of street improvements shall be a thirty-foot-wide paved roadway from the nearest improved public street to the farthermost property line of the subject lot, along with concrete curb and sidewalk along the entire lot frontage and concrete driveway apron for each driveway on the subject lot, with all of these improvements conforming with the respective Borough standards.
B.
Every driveway to be built upon a lot shall have, at a minimum, concrete curb along the full width of the driveway opening and concrete driveway apron, directly behind and abutting the concrete curb, with all of these improvements conforming to the respective Borough standards. Driveways shall be permitted to only have access to the street in which the front of the principal building faces and shall not have access to any other street unless the lot is a corner lot where a driveway may be permitted to have access to the side street, when determined to be appropriate by the Planning Board.