Tabernacle Township
City Zoning Code
City Zoning Code
ARTICLE III
Regional Growth Area
§ 17-48.1 Permitted Principal Uses.
[Ord. #1985-7, A VII, 1A; Ord. #1989-3, § 4; Ord. #2004-12, § 2]
a.
Single family houses on lots of not less than one acre. If a subdivision is involved, the overall density of the proposed subdivision shall not be greater than one dwelling unit per 1.6 acres. With the use of Pinelands Development Credits the overall density for a subdivision may be increased to one dwelling unit per acre.
b.
Farms and farm buildings, golf courses, municipal buildings, public parks and playgrounds, churches, elementary, intermediate and secondary schools, firehouses, emergency squad and other necessary emergency management facilities.
c.
Signs subject to the limitations of this Chapter and the Comprehensive Management Plan.
d.
Public service infrastructure. Private energy or water collection facilities as accessory to a residential structure.
e.
Resource extraction operations such as presently exist subject to the standards for resource extraction set forth in the Pinelands Comprehensive Management Plan, Article 6, Part 6.
§ 17-48.2 Permitted Accessory Uses.
[Ord. #1985-7, A VII, 1B; Ord. #1989-3, § 4]
a.
Customary farm buildings.
b.
Accessory dwellings for domestic or household employees or farm workers, provided that each such dwelling unit shall comply in every respect to the statutes of the State of New Jersey and the rules and regulations of the New Jersey State Board of Health concerning farm labor housing.
c.
Agricultural commercial establishments for the sale of farm products grown or raised on the premises by the owner or operator of the farm. There shall be limit of one establishment per farm. Such establishment shall be set back a minimum of sixty (60') feet from the street line.
d.
Private garages and carports.
e.
Off-street parking facilities located no closer than five (5') feet to any lot line or principal building except in the case of a common driveway.
f.
Private residential swimming pools.
g.
Clubhouses with golf courses.
§ 17-48.3 Uses Permitted with a Conditional Use Permit in All Districts of the Regional Growth Area.
[Ord. #1985-7, A VII, 1C; Ord. #1987-9, § 1]
a.
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercially or industrially related operations of such companies.
b.
Quasi-public buildings and recreation areas.
c.
Home occupation, provided it meets the standards set forth in this Chapter.
d.
Hospitals, philanthropic or charitable uses.
§ 17-48.4 Bulk Regulations.
[Ord. #1985-7, A VII, 1D]
See attached Schedule of Limitations.
§ 17-48A.1 Permitted Principal Uses.
[Ord. #1999-1, § III]
a.
Single family houses on lots of not less than one acre. If a subdivision is involved, the overall density of the proposed subdivision shall not be greater than one dwelling unit per 1.6 acres. With the use of Pinelands Development Credits the overall density for a subdivision may be increased to one dwelling unit per acre.
b.
Single family houses on lots of not less than 3.2 acres which have been reserved for properties that have otherwise been deed restricted through the severance of Pinelands Development Credits.
c.
Farms and farm buildings.
d.
Forestry.
e.
Fish and Wildlife Management.
g.
Regional high schools to serve more than one Pinelands Municipality whose enrollment is planned to exceed 1,000 students and which are situated on a site in the zone of at least 75 acres, provided that:
1.
Pinelands Development Credits must be redeemed prior to construction of the school in the amount as required by the Pinelands Commission.
2.
Use of the property for a regional high school shall not adversely impact any adjacent Agricultural Production Area or Rural Development Area ground. Particular care shall be taken so as to prevent or impede trespassing on adjacent grounds by persons or vehicles using the school facilities. Fences, which are a permitted accessory use, are to be designed and constructed to accomplish the above. The appearance of the high school area is to be preserved by the maintenance of litter cleanup, established by the district, on the high school property and any adjacent lands, so affected by litter from the high school. The application of pesticides or chemicals on the school site, including all athletic fields, shall be used in accordance with Integrated Pest Management (IPM) procedures which will prevent unacceptable levels of pest activity and damage by the most economical means and with the least possible hazard to people, property, and the environment. IPM principles will determine when to control pests and whether to use mechanical, physical, biological, cultural, or chemical methods. IPM recommendations and training will be designed in cooperation with Rutgers Cooperative Extension. Athletic fields will be posted 24 hours in advance of any chemical pesticide application with the proposed date, location and chemical name of pesticide to be applied. Children will be kept off the area for 24 hours after the application. Litter cleanup shall be regular and, in any event, at least one time per month.
§ 17-48A.2 Permitted Accessory Uses.
[Ord. #1999-1, § III]
b.
For Regional High Schools.
1.
All associated accessory uses including, but not limited to, athletic fields and facilities, stadiums and grandstands, tennis courts, light towers, sewage treatment facilities, stormwater management facilities, maintenance structures, off-street parking facilities and associated lighting, fences and walls, and such other buildings or uses related to the functioning of the school.
§ 17-48A.3 Bulk Regulations.
[Ord. #1999-1, § III]
a.
For non-Regional High School permitted uses and permitted accessory uses, the bulk requirements shall be the same as those set forth for such uses and accessory uses in the Regional Growth Residential District (subsection 17-48.4 of this Code).
b.
Regional High Schools.
1.
Principal building, accessory buildings and structures, fences, stadiums, parking areas, lighting standards shall be governed by the following bulk regulations and design criteria contained herein:
Parameter Governed | Minimum Requirement |
|---|---|
Lot area | 75 acres |
Lot frontage | 300 feet |
Lot width | 300 feet |
Lot depth | 400 feet |
Perimeter setback | 100 feet |
Maximum Limits | Requirements |
|---|---|
Building coverage | 20% |
Total impervious coverage | 35% |
2.
Maximum Height. No building, structures, grandstand or light standard shall exceed sixty (60') feet in height.
3.
Design Requirements.
(a)
The first one hundred (100') feet adjacent to any street line shall not be used for parking, but may be used for practice fields. Areas within the first one hundred (100') feet adjacent to any street line that are not used for practice fields shall be provided with a landscape buffer that meets the requirements of subsection 17-35.1.
(b)
Illumination for night activities shall be shielded from adjoining streets and residential areas.
(c)
A minimum buffer area of one hundred (100') feet in width shall be provided along any common property line with a residential district or residential use. The buffer shall meet the requirements of subsection 17-35.1, subject to the following:
(1)
The preservation of natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area is of a width to serve the purpose of an adequate buffer.
(2)
Shrubs used in screen plantings shall be at least three (3') feet in height when planted and shall be of sufficient density and planted in sufficient width to soften the public view of the site.
(3)
Except for existing preserved or transplanted vegetation, evergreen species shall be at least six (6') feet in height at the time of planting, balled and burlapped, and deciduous trees shall be at least two (2") inch caliper at the time of planting, balled and burlapped.
(4)
Any plant material that does not live for at least two years shall be replaced during the next dormant season.
(5)
Screen plantings and landscaping shall be broken only at points of (i) environmentally constraining features or (ii) vehicular and pedestrian access to ensure a clear sight triangle.
(6)
Landscape plan submitted for the site must address not only the buffer areas, but also plantings throughout the parking areas.
(7)
Berms and walls are permitted as an accompaniment or substitution for landscaping at those locations where the berms and/or walls add aesthetically to the design of the site.
4.
Practice fields when abutting a street, shall be screened by an evergreen buffer thirty (30') feet planted in double alternating rows of evergreens five (5') to six (6') feet high at the time of planting.
§ 17-49 MOBILE HOME DISTRICT.
[Ord. #1985-7, A VII, 2]
The purpose of the Mobile Home District is to provide a centralized area within the Township wherein mobile home parks can be situated. It is intended that future mobile home development will be planned and controlled to provide proper aesthetic and design considerations including optimum recreation and open space areas.
§ 17-49.1 Principal Permitted Uses on the Land and in Buildings, Mobile Home Parks.
§ 17-49.2 Accessory Permitted Uses.
§ 17-49.3 Maximum Building Heights.
[Ord. #1985-7, A VII, 2C]
No building or mobile home shall exceed thirty (30') feet in height.
§ 17-49.4 Area and Yard Requirements.
[Ord. #1985-7, A VII, 2D; Ord. #1989-3, § 4]
a.
The minimum tract size shall be 25 acres including the areas of existing streets and water areas within the tract boundary lines. A minimum of one hundred (100') feet of street frontage shall be provided.
b.
Active recreation areas equal to at least 10% of the total tract acreage shall be provided in suitable locations within the mobile home park and improved to best suit the uses for which they are intended.
c.
Each mobile home and each accessory building shall adhere to the following area and yard requirements:
Minimum | |
|---|---|
Lot area | 1.6 acres; 8500 square feet with Pinelands Development Credits, except that no residential dwelling unit in the Regional Growth Area shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant. |
Lot frontage | 65 feet |
Lot width | 65 feet |
Lot depth | 130 feet |
Side yard (each) | 15 feet |
Front yard | 15 feet |
Rear yard | 30 feet |
Maximum | |
|---|---|
Building coverage | 20% |
§ 17-49.5 Floor Area Minimums.
[Ord. #1985-7, A VII, 2E]
Each mobile home shall have a minimum gross floor area of five hundred (500') feet.
§ 17-49.6 Density.
[Ord. #1985-7, A VII, 2F]
Mobile home parks shall not exceed a density of six-tenths (.6) mobile homes per acre, unless served by a public sewer and using Pinelands Development Credits in which case a density of four mobile homes per acre is permitted.
§ 17-49.7 Minimum Off-Street Parking.
[Ord. #1985-7, A VII, 2G]
One space per mobile home shall be provided in either the side yard or rear yard areas only except that no parking space shall be within five (5') feet of any lot line.
§ 17-49.8 Minimum Off-Street Loading.
[Ord. #1985-7, A VII, 2H]
A service road shall be provided behind each space upon which a mobile home is to be located. The road shall be maintained in passable condition at all times and shall be of sufficient width to permit emergency and other such vehicles to pass thereover.
§ 17-49.9 Signs.
[Ord. #1985-7, A VII, 2I]
Each mobile home park may have one lighted or unlighted sign along each arterial or collector road which the tract in question abuts provided there exists at least two hundred fifty (250') feet of unbroken frontage. Such sign(s) shall not exceed ten (10') feet in height, shall be set back from the street rights-of-way and driveways at least thirty (30') feet, shall be set back from any property line at a minimum of fifty (50') feet, shall not exceed an area of 40 square feet and shall be used to display the development's name.
§ 17-50 "SC" SHOPPING CENTER COMMERCIAL DISTRICT.
[Ord. #1985-7, A VII, 3]
The purpose of the Shopping Center Commercial District is to allow the development of regional shopping center facilities which offer multiple retail commercial and service operations adjacent to the excellent highway access by Route 206. It is intended that these areas be developed in accordance with an overall plan coordinating the architectural features, landscaping, drainage, shared parking, types of uses, controlled access points and similar standards and aesthetic features so that the final product will be a self-contained shopping center whether constructed all at one time or in stages over a period of time.
§ 17-50.1 Principal Permitted Uses on the Land and in Building.
[Ord. #1985-7, A VII, 3A; Ord. #1997-11, § 3]
a.
Retail sales of goods and services.
b.
Restaurants.
c.
Banks, including drive-in facilities.
d.
Offices and office buildings.
e.
Theaters.
f.
Hotels and motels as special exception uses.
g.
Service stations as special exception uses.
h.
Shopping centers comprised of the preceding uses.
i.
Signs subject to the limitations of this Chapter and the C.M.P.
j.
Public service infrastructure.
k.
Planned commercial development.
§ 17-50.2 Accessory Uses Permitted.
[Ord. #1985-7, A VII, 3B]
a.
Off-street parking.
b.
Fences and walls.
c.
Garages to house delivery trucks or other commercial vehicles.
d.
Temporary construction trailers and two signs not exceeding 200 square feet each, advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided the trailers and signs are on the site where construction is taking place.
§ 17-50.3 Maximum Building Height.
[Ord. #1985-7, A VII, 3C]
Height regulations are a function of setbacks from any property or yard line. The building's height shall not exceed one (1') foot vertically for each two (2') feet measured horizontally from the property or yard line except that no building shall exceed thirty-five (35') feet in height.
§ 17-50.4 Area and Yard Requirements.
[Ord. #1985-7, A VII, 3D]
Individual Use | Shopping Center | |
|---|---|---|
Principal Building Minimum | ||
Lot area | 5 acres | 20 acres |
Lot frontage | 300 feet | 600 feet |
Lot width | 300 feet | 600 feet |
Lot depth | 400 feet | 800 feet |
Side yard (each) | 50 feet | 100 feet |
Front yard | 100 feet | 100 feet |
Rear yard | 100 feet | 100 feet |
Accessory Building Minimum | ||
Distance to side line | 50 feet | 100 feet |
Distance to rear line | 50 feet | 100 feet |
Distance to other building | 20 feet | * |
Maximum | ||
Building coverage of principal building | 20% | 20% |
Building coverage of accessory building(s) | 5% | 5% |
* All buildings within the shopping center shall either be attached or, if separated, shall have a separation of at least twenty (20') feet or 1/2 the height of the tallest building, whichever is greater. |
§ 17-50.5 Floor Area Minimums.
§ 17-50.6 General Requirements.
[Ord. #1985-7, A VII, 3F]
a.
At least the first one hundred (100') feet adjacent to any street line shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by concrete or Belgian block curbing.
b.
No merchandise, products, waste, equipment or similar material or objects shall be displayed or stored outside.
c.
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.
d.
All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planted for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or manmade drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
e.
A minimum buffer area of one hundred (100') feet in width shall be provided along any common property line with a residential district or residential use.
§ 17-51.1 Principal Permitted Uses on the Land and in Building.
[Ord. #1985-7; A VII, 4A; Ord. #1989-3, § 4]
a.
Retail sales of goods and services.
b.
Restaurant, bars, taverns and night clubs.
c.
Department stores.
d.
Garden centers engaged in the retail sales of living plant material. Outside storage, sale or display areas shall not exceed four times the building coverage and shall be used only for the storage, sale and display of living plant material.
e.
Banks, including drive-in facilities.
f.
Offices and office buildings.
g.
Theaters and bowling alleys.
h.
Automobile sales as special exception uses.
i.
Car washes.
j.
Service stations.
k.
Single family residence on a lot of at least one acre.
l.
Signs subject to the limitations of this Chapter and the C.M.P.
m.
Public service infrastructure.
§ 17-51.2 Accessory Uses Permitted.
[Ord. #1985-7, A VII, 4B]
a.
Off-street parking.
b.
Fences and walls.
c.
Garages to house delivery trucks or other commercial vehicles.
d.
Temporary construction trailers and one sign not exceeding on hundred (100) square feet, advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a building permit or one year, whichever is less, provided said trailer and sign are on the site where construction is taking place.
§ 17-51.3 Conditional Uses Permitted.
[Ord. #1996-5, §§ 1—10]
The following uses subject to the specifications and standards set forth below are hereby permitted as a conditional use in the Commercial District in the Township of Tabernacle subject to approval by the Tabernacle Township Planning Board or Zoning Board of Adjustment as provided by law:
a.
Sexually Oriented Businesses.
1.
Definitions. As used in this paragraph the terms "specified sexual activities" and specified anatomical "areas" shall have the same definitions as are found in the New Jersey Statutes N.J.S.A. 2C:34-3 et seq. and the same are incorporated herein and made a part hereof as if fully set forth. The terms "sexually oriented businesses" shall have the same meaning as set forth in the Tabernacle Township Licensing Ordinance No. 1996-4[1] and the same is hereby incorporated herein and made a part hereof as if fully set forth.
2.
No sexually oriented business shall be located within one thousand (1,000') feet of:
(a)
A church or place of religious worship;
(b)
A public or private elementary or secondary school;
(c)
A child care facility;
(d)
A boundary of a residential district;
(e)
A public park or recreation area;
(f)
The property line of a lot devoted to a residential use;
(g)
Another sexually oriented business.
3.
Sexually oriented business must be located in a freestanding building which shall include a minimum of a one hundred (100') foot buffer if said business abuts a residential district or the property line of a lot devoted to a residential use.
4.
Off-street parking shall be provided in accordance with Section 17-26 of the Zoning Regulations of the Township of Tabernacle.
5.
The interior of the sexually oriented business shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings, or in any other manner.
6.
All applicable requirements of the Commercial District and of the Zoning and Land Use Regulations of the Township of Tabernacle shall be met.
7.
The interior of any building in which a sexually oriented business use is located shall be adequately lighted, and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other employee in charge of the business from the counter, booth, stage, cash register, work station or other place where the person is normally stationed.
8.
Sexually oriented businesses shall not display or permit to be displayed at the licensed premises any obscene material as defined in N.J.S.A. 2C:34-3 at a height of less than five (5') feet or without a blinder or other covering placed or printed on the front of the material displayed. Violation of this provision constitutes a petty disorderly persons offense. Public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display. All signs for sexually oriented businesses shall meet all requirements as set forth for businesses in Commercial Districts.
9.
All sexually oriented businesses are expressly prohibited unless and until said businesses are issued a license from the Township Committee of the Township of Tabernacle in accordance with the Licensing and Regulating Ordinance of Tabernacle Township. All sexually oriented businesses must comply with all other provisions of the Sexually Oriented Businesses Licensing and Regulating Ordinance, together with compliance with all rules and regulations of Federal, State or municipal entities having jurisdiction over the sexually oriented business premises.
§ 17-52.1 Principal Permitted Uses on the Land and in the Buildings.
[Ord. #1985-7, A VII, 5A; Ord. #1996-7, §§ 2, 3; Ord. #2005-18, § 1; Ord. #2006-11]
a.
Offices.
b.
Manufacturing plants of a type which carry on processes within completely enclosed buildings including the manufacture, assembly or treatment of products from previously prepared materials.
c.
Wholesale distribution centers and warehouses.
d.
All uses permitted in the commercial district.
e.
Signs subject to the limitations of this Chapter and the C.M.P.
f.
Public service infrastructure.
g.
Sexually oriented businesses subject to the following specifications and standards are hereby permitted on lands in the Regional Growth Area—Industrial District located on the west side of U.S. Route 206, south of Flyatt Road in the Township of Tabernacle.
1.
Definitions: The term "sexually oriented businesses" shall have the same meaning as set forth in the Tabernacle Township Licensing Ordinance No. 1996-4[1] and the same is hereby incorporated herein and made a part hereof as if fully set forth.
3.
Sexually oriented businesses must be located in a freestanding building which shall include a minimum of a one hundred (100') foot buffer if said business abuts a residential district or the property line of a lot devoted to a residential use.
4.
Off-street parking shall be provided in accordance with Section 17-26 of the Zoning Regulations of the Township of Tabernacle.
5.
The interior of the sexually oriented business shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings, or in any other manner.
6.
All applicable requirements of the Regional Growth Area—Industrial District and the Zoning and Land Use Regulations of the Township of Tabernacle shall be met.
7.
The interior of any building in which a sexually oriented business use is located shall be adequately lighted, and be constructed so that every portion thereof is readily visible without obstruction to the clerk or other employee in charge of the business from the counter, booth, stage, cash register, work station or other place where the person is normally stationed.
8.
Sexually oriented businesses shall not display or permit to be displayed at the licensed premises any obscene material as defined in N.J.S.A. 2C:34-3 at a height of less than five (5') feet or without a blinder or other covering placed or printed on the front of the material displayed. Violation of this provision constitutes a petty disorderly persons offense. Public display of the obscene material shall constitute presumptive evidence that the retailer knowingly made or permitted the display. All signs for sexually oriented businesses shall meet all requirements as set forth for businesses in the Regional Growth Area—Industrial District.
9.
All sexually oriented businesses are expressly prohibited unless and until said businesses are issued a license from the Township Committee of the Township of Tabernacle in accordance with the Licensing and Regulating Ordinance of Tabernacle Township. All sexually oriented businesses must comply with all other provisions of the Sexually Oriented Businesses Licensing and Regulating Ordinance, together with compliance with all rules and regulations of Federal, State, or municipal entities having jurisdiction over the sexually oriented business premises.
§ 17-52.2 Accessory Uses Permitted.
[Ord. #1985-7, A VII, 5B]
a.
Off-street parking.
b.
Fences and walls.
c.
Garages and storage buildings.
d.
Temporary construction trailers and one sign not exceeding 100 square feet, advertising the prime contractor, subcontractors, architect, financing institution and similar data for the period of construction beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided said trailers and sign are on the site where construction is taking place.
§ 17-53.1 Receiving District for Development Credits.
[Ord. #1985-7, A VII, 6]
Any district in the regional growth area may serve as a receiving district for development credits transferred from any eligible location in the Pinelands Area. Residential development will be allowed in accordance with the bulk and area requirements as set forth in the Schedule of Limitation.
§ 17-53.2 Service by Centralized Waste Water Treatment Plan When Required.
[Ord. #1993-2, § 2]
No residential dwelling unit or nonresidential use in the Regional Growth Area shall be located on a parcel of less than one acre unless served by a centralized waste water treatment plant.
§ 17-54 LOWER INCOME HOUSING IN THE REGIONAL GROWTH AREA.
[Ord. #1985-7, A VII, 7]
In order to provide a realistic opportunity for the construction of low and moderate income housing, the following standards shall apply:
a.
A mandatory set aside of 10% low income housing and 10% moderate income housing will apply when public or private sewerage facilities are provided.
b.
All subdivisions of 25 units or greater will be subject to these requirements.
c.
The gross density for developments subject to the set-aside will be five dwelling units per acre, provided that Pinelands Development Credits are initially used to increase the density from one dwelling unit per 1.6 acres to one dwelling unit per acre.
d.
The bulk standards for such projects shall be the same as those in the Mobile Home District.