Sparta Township City Zoning Code
§ 18-4.5
General Restrictions.
[Ord. No. 636 A 405; Ord. No. 649; Ord. No. 665; Ord. No. 691 § IV; Ord. No. 02-20 §§ 7, 8; Ord. No. 13-03]
a.
Tourist Cabins, Trailers, Etc. Except as provided in Subsections c and d below, tourist cabins, travel trailers, trailer courts and all other movable dwellings may not be occupied, erected or moved into any zone; provided, however, the unoccupied travel trailers may be stored in any zone, provided no more than one per dwelling unit be stored outside.
b.
Disabled and Nonregistered Vehicles. Disabled and/or nonregistered vehicles may not be stored in any zone except in an enclosed garage unless the same are awaiting repair at a licensed public garage for a period not to exceed two weeks, or unless the same are new vehicles being stored or displayed at a licensed motor vehicle dealership. For the purpose of this chapter, the term "disabled" shall refer to a motor vehicle which is in such a state of disrepair that it cannot readily be made operable and conforming to all requirements of the New Jersey Division of Motor Vehicles.
c.
Use of Trailers in Connection with Site Construction. The use of trailers in any zone in connection with site construction shall be permitted subject to the following restrictions and regulations.
1.
Such trailers shall be located on the lot on which construction is progressing and shall not be located within 25 feet of the boundary line of any abutting residential lot.
2.
Such trailers shall be used only as field offices and not for any dwelling use whatsoever.
3.
Such trailers shall not be moved onto a construction site until the date on or after which construction actually commences and shall be removed from such site on or before the completion of construction.
4.
A permit for the location and use of any such trailer shall be obtained from the Zoning Officer. Such permit shall be renewed every six months.
d.
Outdoor Storage. Outdoor storage or display of any article or material as an accessory use to any commercial operation is permitted in the ED, ED-1, TCC, TCCO, TCLC, TCPB, TCLM, C-1 and C-2 zones only subject to the following regulations:
1.
All commercial districts and uses shall have an enclosed outdoor trash and recycling area. The area shall include a concrete pad and an enclosure that is architecturally compatible with the principal structure. Appropriate landscape buffers are required to enhance the buffer and appearance.
2.
The outdoor storage of any article or material, other than merchandise for sale on the premises, shall be limited to the side and rear yards and shall be screened by fencing, planting, or both as approved by the Planning Board. The height of the fence shall be equal to or greater than the height of the material stored, but not greater than six feet and the height of material to be stored shall not exceed six feet. Said storage shall be located at least 10 feet from the property line. Materials so stored shall be kept in an orderly manner at all times and such material shall not include any discarded or abandoned articles.
3.
The outdoor storage of merchandise for sale on the premises is permitted in the front, side and rear yards provided the same is located at least 25 feet from a right-of-way line and 10 feet from a property line. The area devoted to such storage shall be approved by the Planning Board and shall be screened along any side or rear line adjoining a residential zone. The height of material so stored shall not exceed six feet except for individual articles which have a height of more than six feet. No article or material shall be stored in any required parking area or so located as to interfere with vehicular or pedestrian traffic movement or safety. In addition, no article or material shall be stored or displayed on a sidewalk.
4.
The outdoor storage of live plants being displayed for sale on the premises may be located within 10 feet of a street right-of-way line and up to a property line provided the height of such material does not exceed three feet within 25 feet of the street right-of-way or within 10 feet of a property line.
5.
Excepting the outdoor storage of live plants, not more than 50% of any yards shall be devoted to outdoor storage or display.
6.
The outdoor storage of materials listed in N.J.A.C. 7:26-6.13.14 shall be prohibited unless specifically approved by the Planning Board after notice of a resident within 200 feet and a public hearing on the matter. Any Planning Board approval shall specifically list materials to be stored, methods of storage and method of eventual disposal.
e.
Parking and Storage of Boats, Trailers and Recreation Vehicles. The parking and storage of boats, trailers and recreational vehicles in any zone shall be permitted subject to the following restrictions:
1.
Trailers, boats or boat trailers which are 32 feet or more in length as measured from outside dimensions including hitching devices shall be stored within an enclosed garage at all times. Trailers, boats or boat trailers less than 32 feet in length may be parked or stored outside the confines of a building only in accordance with Subsections e2 through 6 below.
2.
All trailers, boats or boat trailers shall be stored in the side or rear yard only. No trailer, boat or boat trailer shall be parked or stored in the front yard of a lot or in the front of the front yard building line.
3.
The area devoted to storage of boats or trailers shall not exceed 7% of the lot area or 400 square feet, whichever is the lesser.
4.
Any trailer, boat or boat trailer parked in the side or rear of any lot shall meet the requirements and regulations applicable to accessory buildings in regard to setbacks.
5.
To obscure from view to the maximum extent possible, any trailer, boat or boat trailer, parked or stored, in a side or rear yard and not in an enclosed garage shall be screened to a maximum of six feet. Such screening may be waived if topographic or other physical conditions would render the screening ineffective.
6.
The area in which any trailer, boat or boat trailer is to be parked or stored shall not preempt any off-street parking space required to be provided by any provision of this chapter.
f.
All Residential Zones. No more than two roomers or boarders per family unit shall be permitted.
g.
All Residential Zones; Home Occupation Requirements. Not more than one person other than a resident of the premises may be employed by such professional person and that not more than 1/2 of the floor area of one story or the basement shall be devoted to such use. No merchandise or materials either assembled or unassembled may be received into a residence for the purpose of assembling, fabricating, storing or reselling. No use permitted shall result in any permitted professional use operating in this zone in other than a building strictly residential in appearance. Except for permitted signs, there shall be no physical evidence of said use visible from the exterior of the building so used.
h.
Prohibited Uses in All Districts. All uses not specifically permitted in the zone district are prohibited. In addition the following uses are prohibited in all districts. The Township hereby finds and concludes based upon a survey of the surrounding region that the region has adequate sexually oriented businesses and uses and that additional facilities are not required within the Township.
1.
Sexually oriented business including, but not limited to, sexually oriented retail sales, sexually oriented video and book stores, sexually oriented entertainment uses, houses of prostitution, strip clubs, nude entertainment uses and any similar sexually oriented uses or businesses.
2.
Tattoo parlors.
3.
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, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 6-22-2021 by Ord. No. 2021-10]
i.
Permanent Standby Generators.
[Amended 12-14-2021 by Ord. No. 2021-19]
1.
Permanent Residential Standby Generators shall be considered accessory uses subordinate and customarily incidental to the principal use on the same lot and permitted in all single-family residential zones at single-family detached dwelling units. Unless part of a larger site plan submission to the Planning Board or Zoning Board of Adjustment, impervious cover created by a generator or the pad supporting the unit is considered de minimus and impervious cover calculations for the generator system are not required. Noise attenuation technology shall be used. Setbacks shall be measured from the pad supporting the unit and shall meet a minimum of five feet from side and rear property lines. Generators are not permitted in the front yard and must adhere to the following standards:
(a)
The size of the generator unit may not exceed 40kw unless the following conditions are met:
(1)
The generator and the pad supporting the unit meet or exceed the side yard and rear yard setbacks for a principal structure in the zone district where they are located, and
(b)
Scheduled Maintenance (exercise time) is only permitted between the hours of 10:00 a.m. and 5:00 p.m. from Monday to Friday and shall only occur a maximum of once per week for a maximum of 30 minutes, unless the unit is undergoing repairs.
2.
Permanent Standby Generators are permitted as an accessory use in all non-residential zones and are not limited by size, but shall adhere to all other standards under Subsection 18-4.5i1(b) and zoning requirements for accessory structures. Noise attenuation technology shall be used.