(A)   This Unified Land Development Ordinance is a comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Township of Voorhees, Camden County, New Jersey into zoning districts for such purposes; adopting a map of Voorhees Township showing boundaries and the classification of such districts; establishing an official map for this municipality; establishing rules, regulations and standards governing the subdivision and development of land within the Township; establishing a Planning Board and a Zoning Board of Adjustment; and prescribing penalties for the violation of its provisions.

   (B)   The short form by which this ordinance may be known shall be the Unified Land Development Ordinance (ULDO) of the Township of Voorhees.

(Ord. 945-99, passed 9-13-99)

   (B)   This ordinance is also based upon the duly recognized police powers of a municipality and is an exercise of the same.

(Ord. 945-99, passed 9-13-99)

   The ULDO is adopted in order to promote and protect the public health, safety, and general welfare and in the furtherance of the following specific objectives:

   (A)   Ensuring the coordinated development of the Township in accordance with its Master Plan.

   (B)   Lessening congestion on the streets and ensuring access to the circulation system.

   (C)   Providing for adequate light and air.

   (D)   Preventing the overcrowding of land and buildings.

   (E)   Avoiding the undue concentration of population.

   (F)   Ensuring the conservation and protection of open space and natural features.

   (G)   Balancing uses to meet the needs of the Township.

(Ord. 945-99, passed 9-13-99)

   (A)   The Township Committee affirms by its adoption of this ordinance that is has received and reviewed the Land Use and Housing Elements of the Voorhees Township Master Plan, as duly adopted by the Township Planning Board, and that this chapter is substantially consistent with the recommendations and provisions of those elements.

   (B)   The statement of objectives, principles, assumptions, policies and standards contained in the Voorhees Township Master Plan is adopted by reference and shall be considered applicable to this chapter.

   (C)   All future amendments to this chapter shall be made only after a review of the Land Use and Housing Elements of the Master Plan and in conformity with its statement of objectives, principles, assumptions, policies and standards.

   (D)   No development of vacant land nor any alteration, enlargement, building, construction, rebuilding or other act with respect to existing buildings, structures or use of lands within Voorhees Township may occur except in accordance with the requirements and procedures set forth in this ULDO.

   (E)   Notwithstanding § 150.04(D) above, accessory uses permitted in the applicable zoning district for the existing primary residential use on an existing nonconforming lot are permitted and will not be considered an expansion of a nonconforming use so long as such accessory use complies with all area and bulk requirements applicable to such lot and so long as such accessory structure or use does not increase the habitable living area of the lot.

   (F)   The following regulations shall control nonconforming uses in existence at the time of passage of this chapter:

      (1)   If any nonconforming structure shall be more than 50% destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy, such structure may be rebuilt but only in conformity with the provisions of Title 15.

      (2)   No existing nonconforming structure shall be extended, added to or altered unless such alteration or addition are in conformity with the provisions of Title 15.

      (3)   Nothing in this § 150.04(F) shall be construed to allow the expansion of any nonconforming structure or of any nonconforming use into any front, side or rear yard setback or other reserved open space provided for elsewhere in Title 15.

(Ord. 945-99, passed 9-13-99)

   (A)   Words in the present tense include the future. The singular form of a word includes the plural form and the plural form of a word includes the singular form.

   (B)   The word "building" includes "structure" and any part thereof.

   (C)   The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," "constructed for," "altered for," "converted for," "rented for," "leased for," or "occupied for".

   (D)   The word "person" includes an individual, corporation, partnership, incorporated association, or any similar legal entity.

   (E)   The words "include" or "including" shall not limit the term to the specified examples, but is intended to extend their meaning to all other instances of like kind and character.

   (F)   The words "shall" and "will" are mandatory and not discretionary, and the word "may" is permissive.

   (G)   The feminine gender includes the masculine gender and vice versa.

(Ord. 945-99, passed 9-13-99)

   This title may be amended from time to time by the Township Committee, after the appropriate referrals, notices, hearings and other requirements of law, including the following:

   (A)   Prior to the public hearing on adoption of a zoning ordinance or any amendments thereto, the Township Committee shall refer any such proposed ordinance or amendment to the Planning Board pursuant to the following requirements:

      (1)   The Planning Board shall issue a report within 35 days of referral by the Township Committee which identifies any portion of the proposed development regulation, revision or amendment which is inconsistent with the master plan and any recommendations concerning these inconsistencies.

      (2)   The Planning Board may include in its report any other matter which it deems appropriate.

      (3)   Failure of the Planning Board to render a report within the prescribed time period shall relieve the Township Committee of its responsibility to wait for that report before acting on the proposed development regulation, revision or amendment.

   (B)   After receipt of the Planning Board report, or after the expiration of the time allocated for delivery of that report, the Township Committee shall conduct a public hearing on the merits of the proposed development regulation, revision or amendment.

   (C)   The Township Committee shall evaluate the proposed amendment for its inconsistency with the master plan.

   (D)   The Township Committee may enact any amendment which is in whole or part inconsistent with the master plan and which is not designed to effectuate the land use plan or housing plan elements but only by an affirmative vote of a majority of its full authorized membership. In that instance, the reasons for the action of the Township Committee shall be set forth in a resolution and recorded in the minutes of the Township Committee.

   (E)   A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Township Clerk, signed by the owners of 20% or more of the area of either (a) the lots or land included in such proposed change, or (b) the lots or land within 200 feet in all directions therefrom inclusive of street space, whether within or without the Township. In the event such a protest is filed, the amendment or revision shall require the affirmative vote of two-thirds of all members of Township Committee.

   (F)   No zoning amendment shall be submitted to or adopted by initiative or referendum.

(Ord. 945-99, passed 9-13-99)

   (A)   Unless the specific use regulations of a zone permit a use, the use shall be prohibited.

   (B)   Residential uses, unless specifically permitted, are prohibited.

   (C)   Multi-family housing uses (whether cooperative, condominium, townhouse or apartment style or configuration), unless specifically permitted, are prohibited.

   (D)   Area and bulk standards and design standards specifically applicable to a conditional use shall supersede the general area and bulk standards and design standards otherwise applicable to the zone.

   (E)   Unless otherwise specifically stated to the contrary, the area and bulk standards for primary uses on any property within a zone are the area and bulk standards applicable to all accessory and conditional uses permitted in the zone, including, but not limited to, the maximum height of all accessory structures, which shall not exceed the maximum permitted height for any primary structure.

   (F)   Notwithstanding any provision of Chapter 152, all uses permitted in the CP - Community Property Zoning District shall be permitted uses in any other district within the Township.

   (G)   Junkyards are not permitted in any zoning district.

   (H)   No truck, van, bus, trailer or other commercial vehicle in excess of 8,000 pounds registered weight shall be permitted in any residential zone or any in residential areas of the TC - Township Center or GB2 - General Business 2 Zones, except for the purpose of picking up or making deliveries in the regular course of business within such residential zone or area or for the purpose of installing, maintaining or otherwise performing public utility service. Only one truck, van, bus, trailer, taxi-cab or other commercial vehicle under 8,000 pounds registered vehicle weight shall be permitted to be parked on a lot in any residential zone or any residential areas in the township or of the TC - Township Center or GB2 - General Business 2 Zones.

   (I)   Temporary facilities for conducting permitted uses outside of any structure or other improvement identified on the current approved site plan for the property may only occur in the location shown on the approved final site plan for the lot. Any temporary use not on any approved site plan shall require a temporary use permit pursuant to § 156.20 below.

   (J)   Only one use shall be permitted on any one residential lot, except for permitted accessory uses and approved conditional uses which are intended to be incidental to the primary residential use. No passenger vehicle or commercial vehicle under 8,000 pounds registered vehicle weight shall be repaired on a lot in any residential zone or in any residential areas of the TC-Township Center or GB2-General Business 2 Zones unless registered to that residential property.

   (K)   Non-residential lots may contain more than one permitted use, subject to all development and uses on a lot meeting the area and bulk standards of the applicable zoning district and the requirements of Chapter 154 and Chapter 156, as applicable.

   (L)   Extra-territorial streets prohibited from connecting to township streets; exceptions.

      (1)   No streets proposed in any new development within any adjoining municipality may be connected to existing township owned and maintained streets within this township except if one of the following specifically applies:

         (a)   The new development within the adjoining municipality has obtained preliminary approval from the Planning Board, or Zoning Board, if applicable, of the adjoining municipality and the reviewing board, if applicable, of this township prior to October 13, 1997, and the connection of one or streets within such new development is specifically shown on such approved plans. This exception only applies to the specific streets shown on site plans or subdivision plans receiving preliminary approval prior to October 13, 1997, and any amendment of such plan must conform to this section. If such approval lapses or is abandoned, this exception is void.

         (b)   Both the street within the new development in the adjoining municipality and the connecting street within this township are designed by and will be owned and maintained by either the state or Camden County and/or Burlington County.

         (c)   The new development within the adjoining municipality is proposed and an application for the connecting streets is submitted along with an application for development of lands within this township in which such connecting streets will be constructed. This exception will only apply if the design of the streets within this township is reviewed by the applicable reviewing board engineer (and the Township Engineer, if applicable) and it is determined by such engineers that the design is acceptable under state and local safety, traffic flow and maintenance standards for the level of usage generated by all of the proposed development, including the development within the adjoining municipality.

         (d)   The connection of the street(s) within the new development within the municipality is specifically required under New Jersey state law.

      (2)   This section applies to all residential, commercial and industrial development and zoning districts. The existence of "stub" streets within any existing development, which stub streets abut the border of this Township with any adjoining municipality, will have no impact upon or affect the provisions of this section and no presumption of any exception to or waiver of this section is intended to exist simply due to the existence of such stub streets.

   (M)   No passenger vehicle or commercial vehicle under 8,000 pounds registered vehicle weight shall be repaired or attempted to be repaired in any manner on any residential property in any residential zone in the township or in any residential areas of the TC - Township Center or GB2 - General Business 2 Zones unless said vehicle is registered to the owner, a resident member of the owner's family or a registered tenant of the owner of that residential property.

   (N)   Any and all activities and/or actions which require any decision, action and/or inaction of the Township of Voorhees which action and/or inaction would constitute a violation of federal law shall be prohibited in any zoning district.

(Ord. 945-99, passed 9-13-99; Am. Ord. 177-10, passed 12-30-10; Am. Ord. 266-15, passed 5-11-15)

   (A)   Satellite television earth station dish antennas, commonly referred to as dish antennas, including structural supports, shall be considered accessory structures in residential zones and for residential uses in the TC-Township Center and the GB2 - General Business 2 Zones. The following regulations shall apply to all satellite dish antennas:

      (1)   A satellite dish antenna is permitted as an accessory use only on a lot that contains a principal structure.

      (2)   A building structure or roof-mounted satellite dish antenna shall not exceed 24 inches in diameter or 10 feet in overall height. A building permit shall not be required for a satellite dish antenna less than two feet in diameter which is attached to any building, structure or roof in accordance with the New Jersey Uniform Construction Code (N.J.A.C. 5:23).

      (3)   The minimum rear and side yard setbacks for freestanding, ground-mounted satellite dish antennas shall be 15 feet, except that the minimum rear and side yard setbacks for freestanding, ground-mounted satellite dish antennas in the RR - Rural Residential Zone shall be the same as the minimum rear and side yard setbacks for buildings in the RR - Rural Residential Zone.

      (4)   In the case of a reverse frontage lot, no freestanding, ground-mounted satellite dish antenna shall be erected closer than 25 feet from the right-of-way line at the street which abuts the rear of the lot.

      (5)   In case of a corner lot abutting two streets, freestanding, ground-mounted satellite dish antennas shall not be located nearer to the right-of-way line of the street forming the side yard boundary than the required front yard setback on such street.

      (6)   Ground-mounted satellite dish antennas shall be located in the rear yard only. Any other placement may be permitted only upon the submission of sufficient evidence from a competent source to indicate that reception cannot be obtained in the rear yard.

      (7)   Power control and signal cables from the ground-mounted satellite dish antenna to the served structure shall be buried.

      (8)   No residential lot may contain more than one satellite dish antenna. No nonresidential lot may contain more than one satellite dish antenna per individual business use.

      (9)   The freestanding, ground-mounted satellite dish antenna shall be located and/or screen so that it is not visible from a public right-of-way or any adjacent residential property. Screening shall consist of a minimum of a double row of 100% evergreen plantings six feet apart and shall be five to six feet high at the time of planting. A combination of landscaping and fencing may be accepted by the Zoning Officer, at his discretion, as a substitute for the above screening requirement. Also, partial relief from this requirement may be granted by the Zoning Officer if, in his opinion, reception of the satellite signal is hampered by the screening.

      (1)   The surface receiving area of any reflective dish shall not exceed 25 square feet.

      (2)   The freestanding, ground-mounted satellite dish antenna shall be erected on a secure ground-mounted foundation.

      (3)   The overall height from the ground level to the highest point of the freestanding, ground-mounted dish satellite antenna or any attachments thereto, when extended to their full height, shall be no more than 15 feet.

   (D)   Satellite dish antennas shall be considered permitted accessory structures in all nonresidential zones, subject to site plan review by the reviewing board with jurisdiction over the site plan application. Site plan approval is not required if the proposed satellite dish antenna is less than 36 inches in diameter.

   (E)   A building permit and electrical permit will be required for the installation of any building, structure or roof-mounted satellite dish antenna exceeding two feet in diameter or any freestanding, ground-mounted satellite dish antenna.

   (F)   An applicant shall obtain a zoning permit prior to the installation of a satellite dish antenna and a certificate of conformance when the installation is completed.

(Ord. 945-99, passed 9-13-99; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 266-15, passed 5-11-15)

   Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity as a whole or of any other part thereof.

(Ord. 945-99, passed 9-13-99)

   Certain words and terms used in the Voorhees Township Unified Land Development Ordinance are defined for the purpose thereof as follows:

   (A)   Words used in the present tense include the future, the singular number includes the plural, and the plural the singular. The word "lot" includes the word "plot". The word "building" includes the word "structure." The term "such as," where used herein, shall be considered as introducing a typical or illustrative rather than an entirely exclusive or inclusive designation of permitted or prohibited uses, activities, establishments or structures.

   (B)   As used in this chapter, the following terms shall have the meanings indicated:

   CANNABIS DISTRIBUTOR. Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license.

      (1)   Class 1 cannabis cultivator license, for facilities involved in growing and cultivating cannabis;

      (2)   Class 2 cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;

      (3)   Class 3 cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;

      (4)   Class 4 cannabis distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;

      (5)   Class 5 cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers; and

      (6)   Class 6 cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consumer.

   COMPREHENSIVE RETIREMENT COMMUNITY ACCESSORY USES. Within a Comprehensive Retirement Community, any use reasonably necessary for, or incidental to, the operation of the facility or for the benefit or convenience of the residents and their guests including, but not limited to, kitchen and dining facilities, exercise and vocational rooms, places of worship, indoor and outdoor recreational buildings and uses including swimming pools, retail and banking facilities, beauty salons and barber shops, gift shops, class rooms, security facilities, conference rooms, common areas, guest rooms, administration, general, medical and other offices associated with the CRC, postal center, pharmacy, maintenance facilities, hobby, craft and music rooms, library, computer and television rooms, and heating and cooling equipment structures, off-street parking signs as permitted and garages, provided that the Comprehensive Retirement Community Accessory Use is for the use and benefit of the Comprehensive Retirement Community.

   CONTRIBUTION DISCLOSURE STATEMENT. A list specifying the amount, date and the recipient of any and all contributions, made up to one year prior to the date of filing of the Contribution Disclosure Statement with the reviewing board, to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, the Township, which contributions are required to be reported pursuant to N.J.S.A. 19:25-10.1 to 10.14. For purposes of completing a Contributions Disclosure Statement, any commitment or assumption shall be deemed to have been a contribution on the date when such commitment was or is made or the liability was assumed.

   CONTINUING CARE RETIREMENT COMMUNITY (CCRC). A facility which has a primary purpose of providing housing and continuing care for people 55 years of age or older or where either the husband or wife is 55 years of age or older, and consists of Independent Apartment Units, Assisted Living Units, Skilled Care Nursing Units and/or Continuing Care Retirement Community Accessory Uses all as defined herein and as regulated by N.J.S.A. 52:27D-330 through 357, known as the Continuing Care Retirement Community Regulation and Financial Disclosure Act. For purposes of this Ordinance, CONTINUING CARE means the provision of lodging, nursing, medical or other health related services at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year, including mutually terminable contracts, and in consideration of the payment of an entrance fee with or without other periodic charges to an individual who is 55 years of age or older, or where either the husband or the wife is 55 years of age or older.

   DETENTION BASIN. A man- made or natural storm water management collector facility designed to collect surface and sub- surface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

      (1)   Is attributable to a mental or physical impairment or combination of mental or physical impairments;

      (2)   Is manifest before age 22;

      (3)   Is likely to continue indefinitely;

      (4)   Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and

      (5)   Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services that are of lifelong

or extended duration and are individually planned and coordinated.

   HOME BUSINESS. Any business that the operator thereof operates from his or her residential property and that has one or more employees who work in or from the residential property; has clients, customers, patients or patrons who come to the residential property for the conduct of the owner's or occupant's business; has regular deliveries of inventory, goods, materials, equipment or products to and from the residential property; and/or stores inventory, goods, materials, equipment or products on the residential property. Home business shall not mean the establishment of an in- residential property office by an occupant of the residential property, whether or not the operator owns the business and/or performs all duties of the business out of his/her residential property, so long as all work performed from such location is primarily done through desktop use of computers, facsimile machines and other telecommunication equipment and facilities; there are no employees of the business; no clients, customers, patients or other patrons come to the residential property; and no inventory, equipment, materials or other items used in or sold through the business are delivered to or from or stored at the residential property, except for minimal quantities of standard office supplies used solely for the desktop equipment. The home business shall be clearly secondary or accessory to the primary residential use of the principal structure and shall not be conducted in more than 250 square feet or 10%, whichever is less, of the total living area of the residential property. Whether a business or occupation is classified as a home business for purposes of this chapter shall be determined on a case-by- case basis by the Zoning Officer of Voorhees Township based on the review of the actual facts and circumstances.

dwelling unit.

a coordinated storm drainage and open space layout on an area of at least five acres in size.

      (1)   Public parks, playgrounds, trails, paths and other recreational areas;

      (2)   Other public open spaces;

      (3)   Scenic and historic sites; and

      (4)   Sites for schools and other public buildings and structures.

      (1)   Does not propose the new construction or addition to any building or structure greater than 5,000 gross square feet;

      (2)   Does not disturb more than 10,000 gross square feet of land area;

      (3)   Requires 15 or fewer off-street parking spaces;

      (5)   Does not involve the extension of any new street or off-tract improvement; and

      (6)   Contains information sufficient to make an informed judgment as to whether the requirements established by Title 15 for the approval of a minor site plan have been met.

   STREET. A public or private thoroughfare not less than 30 feet in width if in existence prior to the passage of this chapter, nor less than 50 feet in width if established since the date of passage of this chapter, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road or any other thoroughfare, except an alley. In apartment, townhouse, commercial or limited industrial developments, within a Township Center Zone, the curb- to-curb width of an internal street used for ingress and egress to and from and circulation within such developments or related parking areas may be less than 50 feet but not less than 20 feet.

      (1)   For single family detached or attached units – one housekeeping unit equals one unit.

      (2)   For condominiums, cooperatives and apartments – one housekeeping unit equals one unit.

      (3)   Assisted living facilities – one housekeeping unit equals one unit.

      (4)   Skilled care nursing facilities and nursing homes – one bed equals one unit.

(Ord. 945-99, passed 9-13-99; Am. Ord. 946-99; Am. Ord. 956-99, passed 11-8-99; Am. Ord. 2-2000, passed 1-24-00; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 90-06, passed 7-24-06; Am. Ord. 182-11, passed 3-28-11; Am. Ord. 266-15, passed 5-11-15; Am. Ord. 386-21, passed 8-9-21; Am. Ord. 448-24, passed 3-25-24)

(Ord. 85-06, passed 4-24-06; Am. Ord. 90-06, passed 7-24-06)

   (A)   The Zoning Map adopted on April 12, 1999 as Ordinance No. 919-99, and any and all amendments thereto adopted from time to time by the Township Committee as required by law, is hereby incorporated in, and made a part of this Unified Land Development Ordinance (ULDO), as if the same were fully set forth herein. In the event of any conflict between this ULDO and the Zoning Map or between the Zoning Map and any ordinance duly adopted as required by law after the effective date of this ULDO, the ULDO or such ordinance, as the case may be, shall govern and control. When an uncertainty exists as to the boundaries of any of the zoning districts designated on the Zoning Map, the following rules shall apply:

      (1)   Zone boundary lines are intended to follow the centerline of street or the lot or property lines or natural lines such as watercourses as theyexist on plats of record unless such district boundaries are fixed by dimensions on the zoning map or by description.

      (2)   Where such boundaries are fixed by dimensions and where they approximately follow lot lines, and where they are not more than ten feet distant therefrom, such lot lines shall be construed to be such boundaries unless shown otherwise.

   (B)   Modifications of front, rear and side yard setbacks.

      (1)   Any front, rear or side yard setback area shall be unoccupied and unobstructed from the ground upward except for the ordinary projection of sills, belt courses, chimneys, flues, buttresses, eaves or other incidental projections, provided that no such projection extends more than 24 inches into a required yard or as otherwise provided for in Chapter 152, except as specifically approved by the reviewing board pursuant to Title 15; in no event shall grading, construction or alteration of a lot or lots be permitted within five feet of a side or rear property line.

      (2)   For residential structures existing prior to the effective date of this ULDO:

         (a)   An unroofed entrance structure, whether made of wood, masonry or some other material permitted under the Township Building Code and regulations, lying next to or in contact with any other structure on the property, which does not exceed the height of the first or main floor elevation, shall be permitted to extend into the side and/or rear yard setback areas of the property; provided, however, that the total area of such entrance structure shall not exceed 50 square feet for side yard structures and 150 square feet for rear yard structures, and that portion of such structure which encroaches into the relevant setback area(s) shall not exceed 25% of the relevant setback area(s).

         (b)   Any unroofed entrance structure which was constructed prior to the effective date of this ULDO which exceeds the limitations of this section in any area of a front, rear or side yard may be rebuilt or reconstructed with substantially the same materials as the original construction at the same location and of the same size as the original structure but shall not exceed 200 square feet in total area, notwithstanding that such existing structure does not conform to the standards established by § 150.12(B)(2)(a) above. Wooden landings or decking cannot be substituted for concrete or masonry entrance structures.

         (c)   This provision shall not apply and may not be used if the existing or proposed unroofed entrance structure exceeds an overall size of 400 square feet.

      (3)   All new residential structures, the building permit for which is issued after the effective date of this ULDO, must comply in all respects with the applicable front, rear and side yard setback requirements.

      (4)   Whenever specifically indicated on the zoning map by the use of symbols, figures or other suitable indications, setback lines on major highways or on major running streams or bodies of water are herewith established. Such setback lines shall mark that location closest to the highway, stream or body of water at which any structure may be erected, regardless of other regulations in Chapter 152 or other ordinances governing front, side or rear yards; provided, however, that this shall not apply to structures necessary for access and safety, such as bridges, culverts or protective walls and fences. Unless otherwise specified and indicated on the zoning map, no structure shall be erected on land which is less than four feet above the normal or average level of any adjacent running stream, lake or body of water, including tidewaters, nor closer than 50 feet to such stream, lake or body of water, whichever conditions shall impose the greater requirements. Such distance shall be measured to the intersection of the finished grade with the structure at the lowest elevation of such grade. In the case of tide-waters, no structure shall be erected on land which is less than four feet above mean high water.

      (5)   All lots established by subdivision or development plans when filed, must clearly delineate all building and/or structure setback lines measured from the property line.

      (6)   Temporary handicap access structures and ramps shall be governed by the following:

         (a)   Temporary handicap access structures and ramps may be installed on a residential property, within the front or side yard setback areas, for a period not to exceed six months with verification of the need for the access from a licensed physician. The zoning permit may be extended for an additional six months if the need is justified to the satisfaction of the Zoning Officer.

         (b)   Any extension of time beyond the maximum of one year limit provided by this section shall require the submission of an application to the reviewing board for an approval of a variance to permit the access structure and ramp to remain.

         (c)   Any temporary access structure or ramp installed or constructed under the special provisions of this section must be removed when the ownership or tenancy of the property changes.

         (d)   All application fees, variance fees, escrows and fees for property owner lists shall be waived in connection with applications made by the owner, or occupant (with consent of the owner) of residential property to install handicapped ramps and other ADA accessibility improvements to the applicant's property to make the property more accessible for an occupant of the property who has a physical handicap.

      (7)   Wherever a lake- fronting residential dwelling exists, wooden waterfront structure (platform/deck) may be constructed closer than restricted by Chapter 152, provided that the proposed plans meet the following conditions:

         (a)   The structure does not exceed 250 square feet in size.

         (b)   The dimensions of the structure shall not extend farther into the water body than 12 feet from the lake frontage (edge of water).

         (c)   The structure shall not be raised more than 30 inches above the natural ground level.

         (d)   Any connecting walkways shall not exceed four feet in width from any other structures permitted in the normal building envelope required pursuant to the applicable provisions of Chapter 152.

         (e)   The proposed structure has received an approval from the State Department of Environmental Protection, Division of Coastal Resources and/or the Army Corps of Engineers if the proposed structure is to be located in a stream encroachment, floodplain or wetland designated area as outlined in the Freshwater Wetlands Protection Act Rules, Operative Date July 1, 1988 (N.J.A.C. 7:7A).

      (8)   On all corner lots the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on an adjoining interior lot fronting on such street. No corner lot setback shall in any case be less than 20 feet, except that the provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot that is less than 100 feet in width. Corner lots having frontages of greater than 150 feet on both intersecting streets shall observe the same requirements for front yards on both streets as apply to adjoining interior lots fronting on such streets.

      (1)   Nothing in this chapter shall prevent the erection above the building height limit of a parapet wall or cornice extending above such height limit not more than four feet.

      (2)   The height limitations of Chapter 152 shall not apply to church spires, belfries, cupolas, domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above the roof level or to noncommercial radio and television antennas, except where in the opinion of the reviewing board engineer such may be deemed to interfere with aerial navigation or constitute a fire hazard. Such features, however, shall not exceed in total coverage 20% of the total roof area and shall not exceed a reasonable height to be determined by the reviewing board engineer.

      (1)   Every dwelling structure shall be built upon a lot with frontage upon a fully improved public street.

      (2)   The requirement and extent of full improvements of a public street shall be determined by the Township Engineer based on site conditions relating to drainage and public safety.

      (3)   The Township Committee shall have the final determination to require or waive full improvements to any public street.

(Ord. 945-99, passed 9-13-99; Am. Ord. 28-00, passed 10-10-00; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 266-15, passed 5-11-15)

      (1)   Accessory buildings and uses may occupy not more than 50% of the rear yard area.

      (2)   Accessory buildings and structures shall not exceed 15 feet in height.

      (3)   Accessory buildings and uses shall be included in computing the maximum percentage of lot coverage, impervious coverage or other bulk standards.

      (4)   In the case of a corner lot abutting two or more streets, accessory buildings or uses shall not be located nearer the street line of the street forming the side yard boundary than the required front yard setback on such street.

      (5)   A garage or carport attached to any side of the dwelling and constructed as a part of such dwelling shall be considered as a part of the dwelling and not as an accessory building and shall meet all requirements for front, side or rear yard setbacks and heights of structures for the primary use.

      (6)   The minimum rear yard setback for accessory buildings and uses shall be ten feet unless otherwise provided in the terms of the resolution granting a bulk variance.

      (7)   Storage sheds shall conform to the following regulations:

         (a)   Sheds shall be permitted only in rear yards or the side yards of corner lots which abut the rear of the building.

         (b)   Sheds with a maximum floor area of 100 square feet and a maximum height of nine feet at the roof peak from ground level shall be a minimum of five feet from any property line.

         (c)   Sheds with a maximum floor area of 150 square feet and a maximum height of 11 feet at the roof peak from ground level shall be a minimum of ten feet from any property line.

         (d)   Sheds larger than 150 square feet in floor area or greater than 11 feet at the roof peak from ground level in height shall otherwise conform to the requirements for primary structures in the zone in which the shed is located.

         (e)   The maximum number of sheds permitted is two and the total floor area of all sheds shall not exceed 200 square feet.

      (8)   Masonry columns/piers shall conform to the following regulations:

         (a)   Masonry columns/piers shall be permitted in the front-yard area to mark driveway and walkway egress to the property.

         (b)   The maximum number of masonry columns/piers shall be four.

         (c)   The maximum height of any masonry column/pier shall not exceed four feet.

         (d)   Masonry columns/piers may be lighted, provided that the lighting is to be included in the maximum height measurement.

         (e)   The minimum front yard and/or side yard setback is five feet.

      (9)   Ground mounted equipment:

         (a)   In any non-residential zone, ground-mounted structures such as mechanical heating and ventilating equipment, air-conditioning units, transformer boxes, emergency generators, or any other structure may not be located in the front yard. Ground-mounted equipment may only be placed in the side and rear yards and must be screened by an enclosure approved by the Municipal Zoning Officer.

         (b)   In any single-family residential zone or any property used for single-family residential purposes, ground-mounted generators for emergency use when the municipal power grid is off-line are permitted to be used when installed and used in accordance with the following regulations:

            1.    Ground-mounted generators permitted in this section must be permanent and incidental to the residential use and meet the following technical requirements:

               A.    Ground-mounted generators must be located so as to minimize noise and visual impact on adjacent properties with use of appropriate sound attenuated enclosures, screening, and landscaping as approved by the Municipal Zoning Officer.

               B.    Ground-mounted generators may not be located in the front or side yard and may only be placed in the rear yard with a minimum setback of 15 feet from the rear and side property lines.

               C.    Generator operating sound output may not exceed Chapter 95: Noise of the Township Code as measured from the closest property line.

               D.    Ground-mounted generators may be operated only during power loss or for maintenance operation. Maintenance operation shall only occur between the hours of 11:00 a.m. to 1:00 p.m. Monday through Friday and in accordance with manufacturing specifications.

               E.    Ground-mounted generators must be in compliance with all federal, state, and local laws and regulations.

            2.   Prior to the installation and/or use of any ground-mounted generator, the property owner and/or operator thereof must obtain all required zoning and construction permits.

         (c)   In townhouse/condominium or multi-family residential areas under condominium ownership, application must be made to the Planning or Zoning Board by the homeowner's association for placement of any new mechanical devices, such as emergency generators.

      (1)   No habitable or elevated additions to the primary structure shall be permitted unless they can be accommodated within the footprint depicted in the preliminary or final plans.

      (2)   Accessory uses shall be limited to the following:

         (a)   Fences in accordance with § 150.14.

         (b)   Sheds with a maximum size of 100 square feet, maximum height of eight feet and located only in accordance with § 150.13(A)(7)(a) and (b).

         (c)   Unroofed ground-level decks and patios not exceeding 250 square feet in area with minimum side yard setbacks of ten feet and minimum rear yard setback of 20 feet; provided that on properties with a common wall, the minimum side yard setback shall be zero feet from the common wall.

         (d)   Play equipment.

         (e)   Above ground pools and associated equipment in the CR - Cluster Residential Zone shall be subject to the side yard and rear yard setbacks set forth in § 150.13(B)(2)(c). Additionally, above ground pools and associated equipment shall be a minimum of five feet from any common wall line.

   (C)   Notwithstanding any other regulations to the contrary, the following regulations shall apply in all residential zones:

      (1)   The installation of any recreational structure within the public right-of-way is prohibited.

      (2)   The installation of any structure which alters the flow or quantity of storm water shall require a grading plan to be submitted prior to issuance of a zoning permit.

      (3)   No structure designed or approved as temporary shall be utilized beyond 60 days. No such structure may become permanent without a new application and review.

(Ord. 266-15, passed 5-11-15; Am. Ord. 448-24, passed 3-25-24)

provided to the Zoning Officer with all applications for a zoning permit for any fence.

         (a)   Except as provided for corner lots under § 150.12(E), fences may be erected, altered or reconstructed to a height not to exceed six feet when sited in the following manner:

            1.   From the front corners of any building to the side property lines and back toward the rear property line as well as along the rear property line so as to enclose the side and rear yards, or a desired portion thereof.

            2.   At a minimum setback of ten feet from any property line to enclose a property used for agricultural use, for containment of livestock for containment of livestock or in connection with an outdoor recreation facility.

            3.   All fencing shall be installed within the boundary lines of the subject property.

         (b)   Open or solid fences may be erected, altered or reconstructed to a height not to exceed six feet along any rear or side property line of a single-family residential zone that abuts a non-single-family residential zone, provided that such fence does not extend into any front yard setback area.

         (c)   Open wire fences may be erected, altered, or reconstructed to a height not to exceed ten feet when located at the accessory setback lines in any rear yard, in conjunction with the installation of a tennis court, basketball court, or other sport court.

         (a)   Except as permitted above, no fence shall be erected, altered, or reconstructed forward of any building(s) in the primary front yard or within the required primary front yard setback applicable to such property, whichever is greater. For purposes of this section, the front yard setback shall be measured from the front property line as indicated on the survey.

         (b)   All new and replacement fences shall conform with the setback requirements applicable to the lot at the time the zoning permit is issued.

         (c)   For the purposes of the construction, erection, and/or location of a fence on lots that have frontage on more than one street, the front yard setback requirement applicable in the subject zoning district is the required setback on each non-primary front yard.

         (d)   It shall be prohibited for a fence or fencing to be constructed, erected and/or located on lots where there are easements in multi-family units that have access to rear yards on the interior lots so as to prevent access to the interior property rear yards.

         (e)   At or near an intersection of two or more streets, no fence shall be permitted to obstruct the view of motorists traveling on either intersecting street.

         (f)   On reverse frontage lots, rear setback of ten feet must be provided.

         (g)   Temporary fencing for swimming pools. The person, firm, or corporation on whose property the swimming pool is to be constructed must erect a temporary fence of durable material to effectively prevent unauthorized access to the construction area. The temporary fencing must comply with all Uniform Construction Code requirements and shall remain until replaced by a required permanent fence.

         (h)    Notwithstanding any provision in this division (B)(2), a fence permitted by this section may be extended from the rear corner of the dwelling in order to enclose an existing side entry doorway within the fence but only for the purpose of and only to the extent necessary to enclose such doorway within such fence, and in no event may such fence be established more than 15 feet from the rear corner of the dwelling.

         (a)   All fences shall be installed so that rails and posts shall be facing the inside of the owner's property.

         (b)   Nothing in this chapter shall prevent the erection of an open-wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises.

         (c)   The aforesaid restrictions may be waived or modified so as to allow the erection, alteration or reconstruction of fences used in connection with farm operations, agricultural uses, livestock containment or in connection with outdoor recreational facilities, except insofar as such fences might affect the public safety.

         (d)   The following fences and fencing materials, including materials placed and/or connected to the top of a permitted fence, are specifically prohibited: barbed-wire, razor wire and/or other spiked fencing materials, collapsible, canvas, cloth or electrically charged fences or structures.

            1.    Reverse-fronting lots. On all reverse-fronting lots with chain-link fencing in the rear yard, a single row of 100% evergreen plantings spaced eight feet apart, center to center at a minimum height of four feet, as measured from grade level at the time of planting shall be planted between the fence and the adjoining rear street adjacent to such fence. Such trees shall be placed within the ten feet of setback required under division (B)(2)(f) above.

         (f)   All fencing shall be installed within the boundary lines of the subject property.

      (1)   Open and solid fences shall only be installed in accordance with a valid subdivision or site plan approval granted by the reviewing board.

      (2)   No fence may be erected, altered or reconstructed forward of any building in the front yard.

      (3)   All fences shall be set back to the building setback line unless otherwise indicated on a final subdivision or site plan approved by the reviewing board.

      (1)   If the Zoning Officer, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound or upright condition, the Zoning Officer shall notify the owner of such fence in writing of his findings and order such

fence or portion of such fence repaired or removed within ten days of the date of the written notice.

      (2)   If any person installs any fence on any property within the Township in violation of this chapter, the Zoning Officer shall notify the owner of such property in writing of the alleged violation and order that the owner either remove the fence, correct the violation and/or obtain the required permits and/or approvals within 30 days of the date of such written notice.

(Ord. 266-15, passed 5-11-15; Am. Ord. 391-21, passed 10-12-21; Am. Ord. 448-24, passed 3-25-24)

      SIGN. Any object, device, display or structure, or part thereof, situated outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors or illumination or projected images. SIGNS do not include the flag or emblem of any nation, organization of nations, state or city or any political subdivision thereof or any fraternal, religious or civic organizations; merchandise, prices, pictures or models of products or services incorporated in an indoor window display; works of art which in no way identify a product; or scoreboards located on athletic fields. As they relate to signs, the following words or clauses shall have the following meanings:

         MOBILE SIGN. Any sign which is not permanently attached to a building or not placed in the ground in such a fashion as to be permanent in a manner conforming to the Uniform Construction Code or which is located or attached to a trailer, is on wheels or another similar attachment such that the sign may be moved from place to place, either within the lot or to another location.

   (B)   Signs may only be erected, installed, altered, maintained, used, removed or moved if done in compliance with these regulations.

      (1)   Only signs which identify an establishment, enterprise or business are permitted.

         (a)   Signs are not permitted for purposes of advertising the business of the property user.

         (b)   Signs may only state the name of the establishment, enterprise or business and give a brief description of the principal goods or services offered.

      (2)   The following are not considered signs for purposes of these regulations:

         (a)   Nameplate and address in residential zone.

         (b)   Prospective sale or rental signs.

         (c)   Official government agency signs.

         (d)   Signs advertising sale of products grown on the premises.

         (e)   Signs prohibiting or controlling trespassing, hunting and/or fishing and warning signs.

      (1)   A zoning permit must be obtained prior to the erection, installation, alteration or relocation of any sign, except those signs permitted under division (F) below.

      (2)   A building permit must be obtained prior to the erection, installation, alteration or relocation of any sign except as follows:

         (a)    Non-illuminated functional/ direction signs.

         (b)   A change in the copy of an approved sign.

      (3)   A certificate of conformance must be obtained after erection, installation, alteration or relocation of any sign to confirm that the property and the sign conform to and with the requirements of this chapter and this section.

      (1)   There shall be a minimal distance of 15 feet between any side property line and the nearest portion of any freestanding sign erected under the provisions of this chapter, and there shall be a minimum distance of 50 feet between the nearest portions of any freestanding sign and another freestanding sign.

      (2)   No sign shall be placed in a position that will cause danger to traffic on a street or entering a street by obscuring the view of traffic on either street. In no case shall any sign, other than an official governmental sign or functional/direction sign, be erected within the official right-of-way of any street unless specifically authorized by ordinance or regulations of the Township.

      (3)   All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to the Uniform Construction Code (N.J.A.C. 5:23) and other applicable state and Township statutes and ordinances.

      (4)   No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted in the zoning district in which the property to which the sign relates is located.

      (5)   Except as provided in division (G)(9) of this section, banners, spinners, flags and pennants solely for the purpose of announcing the grand opening of a business or use on the property shall be permitted for a 30 day period during the opening of a new business or change of ownership. Notice of the installation of a sign permitted under this division must be provided to the Zoning Officer not later than five days before the sign is to be erected.

      (6)    Functional/directional signs shall not exceed three square feet in area per sign, and shall not include company logos or other advertising information.

      (7)   Except as specifically required in any specific zoning district, all freestanding signs other than those permitted within the right-of-way shall be erected either with the bottom of the sign at least six feet above grade level or shall be set back from the street right-of-way line a distance not less than ten feet.

      (8)   The following signs shall be prohibited in all zones:

         (a)   A flashing, blinking, twinkling, animated, moving or projected sign of any type or a sign which presents an illusion of movement. This prohibition shall not apply to static time and temperature displays.

         (b)   Any sign erected, constructed or maintained so as to obstruct any fire escape, window, door or opening used as a means of egress or ingress.

         (c)   Any sign whose form, character or shape may confuse or dangerously distract the attention of the operator of a motor vehicle.

         (d)   Any advertisement or message which uses a series of two or more signs or units placed in a line parallel to the highway or in a similar fashion, all carrying a single advertising message, part of which is contained on each sign.

         (e)   Any freestanding sign exceeding 20 feet in height or exceeding 20 feet above grade level.

         (f)   Off-site signs, including commercial billboards; except that billboards may be permitted on Route 73 subject to the following:

            1.    Compliance with all state permitting and regulations;

            2.   All lighting shall be directed onto the billboard structure;

            3.   The area underneath and around the off-premises sign structure shall include a landscaping bed containing evergreens and flowering materials;

            4.   The landscaping bed shall be continuously maintained by the property owner;

            5.   The minimum lot size shall be one-half acres and maximum lot size shall be three acres;

            6.   The minimum lot frontage shall be 100 feet and the maximum lot frontage shall be 300 feet;

            7.   The sign structure shall be a minimum of 500 feet from any residential zoning district;

            8.   It shall be the primary and only principal use on the lot;

            9.   The maximum height of the structure from grade shall be 80 feet;

            10.   The maximum size of the off-premises sign faces shall be 20 by 60 feet with a maximum area per face of 1,000 square feet;

            11.   The minimum distance between off-premises signs shall be 500 feet;

            12.   The total number of off-premises signs permitted shall be three in addition to those existing as of the effective date of this section;

            13.   All off-premises signs shall be located on the west side of Route 73 within the first 5,000 feet of the northern Township line;

            14.    Off-premises signs shall not resemble any traffic sign;

            15.   No off-premises signs shall be located within 300 feet of an intersection; and

            16.   Side yard shall be 20 feet; rear yard shall be 20 feet; front edge of the sign shall be 20 feet from the right-of-way.

         (g)   Any sign which, when applying contemporary community standards, has a dominant theme or purpose which appeals to prurient interests.

         (h)   Mobile signs, including “A” or “T” frame signs, menu or sandwich board signs, tethered balloons and inflatable signs, except that temporary exterior advertising signs are permitted in accordance with the regulations in division (G)(8) of this section.

         (i)   Vehicular signs.

         (j)   Signs bearing laudatory text or including service or product names normally furnished by any such proprietor. Identification signs shall allow the principal name of the establishment or proprietor and a brief description of the principal goods or service offered.

         (k)   Signs attached to the facade of a building or structure that extend beyond the highest point of the facade on which they are erected.

      (9)   The size of any sign shall be computed by multiplying its greatest height by its greatest length, inclusive of supporting structures, unless such supporting structure is a pole or other similar apparatus that allows clear view around and under such sign. Two-sided freestanding signs containing the same copy on both sides shall be measured by using the surface area of one side of the sign only. Where there is different copy on each side of the sign, each side shall be considered a separate sign.

      (10)   Individual channel letter signs illuminated by neon gas are permitted only where illuminated signs are permitted. The envelope around the exterior perimeter of all channel tubing shall be determined and must comply with the size regulations applicable to such sign. Neon logo signs which may be seen from the exterior of any establishment, enterprise or business are signs for purpose of these sign regulations.

      (11)   When the name or other identifying information with respect to any establishment, enterprise or business, except for the building number, street address or building name, is located on any awning or canopy attached to the building in which the establishment, enterprise or business is located, the entire awning or canopy shall be considered the sign for purposes of these regulations. The maximum permitted size of an awning or canopy sign shall be determined as follows:

         (a)   For non-illuminated canopy or awning signs, only the wording and/or logo installed, painted or printed on such awning or canopy shall be considered the sign.

         (b)   For illuminated canopy or awning signs, the entire canopy or awning shall be considered the sign.

      (12)   Only roof signs meeting the definition of attached signs are permitted. Permitted roof signs may not be erected any higher than centered on the roof surface to which such sign is attached.

   (F)   Signs permitted in all districts without zoning permits.

      (1)   No more than one non-illuminated temporary sign indicating the prospective or completed sale or rental of the premises upon which it is located. This sign shall not exceed six square feet in area and four feet in height for a residential use and shall not exceed 32 square feet in area and six feet in height for a commercial or industrial establishment. The sign shall be removed within seven days after consummation of a lease or sales transaction.

      (2)   Temporary signs announcing any educational, charitable, civic, religious or similar event, excluding temporary political signs, which shall be governed by division (F)(6) below, for a consecutive period not to exceed 31 days before the event and seven days after the event. The size of all temporary signs shall not exceed 32 square feet in area and six feet in height. The number of temporary signs shall be limited to one sign per property and shall contain no commercial message or logo. Temporary signs shall be made of wood or plastic and shall not be illuminated. The person or organization erecting the sign shall be responsible for taking the sign down within the allowed time limit.

      (3)   Not more than two temporary ground signs advertising a subdivision which has been approved by the Township, provided that each sign does not exceed 32 square feet in area. In no case shall any such sign be located closer than 25 feet to any street line. Temporary subdivision signs shall not be permitted after residences have been erected on 75% of the lots in the subdivision or after more than 75% of the lots have been sold by the developer.

      (4)   A sign indicating site development or construction by a builder shall not exceed 32 square feet and shall be limited to one sign per street frontage. The sign shall not be erected until final approvals are obtained from the reviewing board. The sign may remain up until the project is completed.

      (5)   Signs prohibiting or otherwise controlling trespassing, fishing and/or hunting shall be limited to one sign for each 50 feet of street frontage. Each such sign shall not exceed one square foot in area.

      (6)   Temporary political signs shall be permitted, subject to the following:

      (1)   All signs other than signs specifically prohibited by this chapter or signs permitted without a zoning permit pursuant to division (F) above, are permitted, subject to divisions (G)(2) through (G)(6) of this section and division (H) below, with a zoning permit and all applicable building permits.

      (2)   Changeable copy signs shall be permitted only as follows:

         (a)   Movie theaters.

         (b)   As permitted under division (G)(4) below.

         (c)   As a portion of the identification sign for any professional office provided the following criteria are met:

            1.   Only on properties within the OI - Office 1, O3 - Office 3, O4 - Office Campus, ORB - Office Retail Business, B - Business, GB2 - General Business 2, MB - Major Business, TC - Township Center and EIB Economic Industrial Business zones and which contain a single use building.

            2.   The changeable copy portion of the sign may not exceed 75% of the total sign area.

            3.   The changeable copy cannot be used to advertise any business located on the property, or any products or services sold at the property or provided on or from the property.

         (d)   Each business which has a Class C plenary retail consumption liquor license may have, as part of its facade or as a free standing sign, a changeable copy portion subject to the following restrictions:

            1.   No more than one sign of this type shall be permitted.

            2.   The changeable copy portion of the sign shall not exceed one-third of the total sign area or 24 square feet, whichever is less.

            3.   The copy of such signs shall be limited to three lines indicating entertainment or special and limited commercial or professional events.

         (e)   In addition to the signs authorized in the zones permitting filling stations, fuel, oil and gasoline filling stations may display one sign for the purpose of indicating their gasoline price only. The additional price sign shall not be attached to the building, but shall be attached to the approved freestanding station identification sign located on the site. The size of the price sign shall not exceed 12 square feet in area.

      (3)   Digital changeable copy signs shall be permitted in accordance with an approved site plan as follows:

         (a)   On properties within the OI - Office 1, O3 - Office 3, O4 - Office Campus, ORB - Office Retail Business, B - Business, GB2 - General Business 2, MB - Major Business, TC - Township Center and EIB -Economic Industrial Business zones and which contain a single use building.

         (b)   As permitted under division (G)(4) below.

         (c)   The LED portion of a digital changeable copy sign shall be subject to the following conditions:

            1.   The digital changeable copy portion of the may not exceed 75% of the total sign area.

            2.   The LED portion of a sign shall change messages at intervals of no less than five minutes.

            3.   LED messages shall be stationary during the minimum five minute interval. Message crawls are not permitted.

            4.   The LED portion of the sign shall only be in operation during the hours of operation of the business, organization or facility which operates the sign.

            5.   The LED sign may advertise only the products and services offered by the business, organization or facility operating the sign and may not advertise specials or sales offered by any business, organization or facility.

            6.    Permitted messages may be displayed no more than 20 minutes in any one hour. The balance of the LED messages shall include community messages supplied by the Township of Voorhees and informational messages about driver and motorist safety and the like.

         (d)   Each business which has a Class C plenary retail consumption liquor license may have, as a free standing sign, a digital changeable copy portion subject to the following restrictions:

            1.   No more than one sign of this type shall be permitted.

            2.   The digital changeable copy portion of the sign shall not exceed one-third of the total sign area or 24 square feet, whichever is less.

            3.   The copy of such signs shall be limited to three lines indicating entertainment or special and limited commercial or professional events.

         (e)   In addition to the signs authorized in the zones permitting filling stations, fuel, oil and gasoline filling stations may display one digital changeable copy sign for the purpose of indicating their gasoline price only. The additional price sign shall not be attached to the building, but shall be attached to the approved freestanding station identification sign located on the site. The size of the price sign shall not exceed 12 square feet in area.

      (4)   One identification sign for churches, hospitals, schools, police, fire, playgrounds, parks and public utility installations shall be permitted and shall not exceed 24 square feet in area. In addition, a changeable copy sign not exceeding 16 square feet in area and six feet in height shall also be permitted. The changeable copy sign may be substituted with a permanent sign 16 feet in area and six feet in height to indicate charitable functions such as but not limited to bingo.

      (5)   One sign advertising the sale of farm produce raised on the property from which it is sold, provided that such sign shall not be greater than 30 square feet in area.

      (6)   A sign identifying a multi-family residential development shall not exceed 32 square feet and shall be limited to one sign per street frontage.

      (7)   Permanent signs identifying a residential subdivision shall be permitted in accordance with the following:

         (a)   Signs may be illuminated by external low level, ground-mounted spot lights.

         (b)   Sign, including any structure on which the sign is mounted, must be ground-mounted and no larger than 32 square feet.

         (c)   If the sign is to be installed by the developer, it must be shown on the final subdivision plat and located on a private lot or parcel, or within the common areas owned and controlled by the homeowners' association applicable to the development.

         (d)   The homeowners' association shall be solely liable for all maintenance, repair, utility cost and insurance for such sign. The sign and all adjacent landscaping shall be kept in a well maintained state.

         (e)   The provisions applicable to such sign in the homeowners' association governing documents must be reviewed and approved by the Township Solicitor.

         (f)   The homeowners' association documents must give the Township the right and power but not the obligation to maintain the sign if the homeowners' association fails to maintain the same and to assess the owner of the lot on which the sign exists for the costs to complete such maintenance and repair.

         (g)   If the sign is installed upon the application of the homeowners' association, the applicant shall execute an agreement containing provisions similar to this division (G) as a condition of such approval. The form of agreement shall be approved by the Township Solicitor.

         (h)   The sign must be located outside of all applicable site triangles.

      (8)   Temporary exterior advertising signs shall be permitted on the property on which the retail business being advertised thereon is operated in accordance with the following:

         (a)   Temporary exterior advertising signs shall be permitted for non-residential uses only.

         (b)   No more than one temporary exterior advertising sign shall be located on the property on which the retail business which is being advertised is operated.

         (c)   A temporary exterior advertising sign shall not be located in a public right-of-way and shall be located so as not to impair pedestrian or vehicular traffic or so as not to block or obstruct any required fire or other exit.

         (d)   Temporary exterior advertising signs shall be constructed of wood or framed wood and shall not exceed five feet in height and three feet in width except that a one-sided, hand-lettered sign which includes a handcrafted design of the product or service being advertised may be up to nine square feet. A temporary exterior sign may be two-sided; provided that in the case of a two-sided sign, neither side shall exceed five square feet in area. All temporary exterior advertising signs shall be of sufficiently stable construction so as to withstand windy conditions and not create a hazard to pedestrians and shall be maintained in good physical condition at all times.

         (e)   A temporary exterior advertising sign may be displayed during business hours only, but in no case more than 12 hours per day.

         (f)   A temporary exterior advertising sign shall not remain for longer than 30 continuous days and shall not be utilized more than twice in one calendar year. A temporary exterior advertising sign shall be removed within two days after the event or activity.

         (g)   No temporary exterior advertising sign shall be illuminated or have any parts or features attached to it that move or give the illusion of movement or that produce any sound;

         (h)   Any and all temporary exterior advertising signs in use prior to the effective date of this amendment are considered illegal. Any retail user using an illegal temporary exterior advertising sign as of the effective date of this amendment shall be required to comply with the provisions of this chapter.

      (9)   Banners located in a designated area approved as part of the final site plan approval for the development, so long as they meet the following conditions:

         (a)   Banners will be permitted only to identify a promotional event.

         (b)   The property owner/occupant may only display a banner a total of four times each calendar year.

         (c)   Each banner may only be displayed up to a total of 14 consecutive days. If fewer days are used, the extra days are forfeited.

         (d)   The maximum size of any banner is the maximum permitted size of any facade or attached sign applicable to the property.

         (e)   The maximum number of banners displayed at any one time shall not exceed three.

      (10)   Flag poles may be installed on a lot and must meet the following requirements:

         (a)   No more than one flag pole may be installed on any lot.

         (b)   The front and side yard setbacks applicable to flag poles shall be one-half of the applicable minimum building front and side yard setback: provided, however, that no flag pole may be installed or erected in any required buffer area.

         (c)   The maximum height of flag poles is the maximum height for buildings permitted in the applicable zoning district.

   (H)   Sign regulations applicable to specific zoning districts.

      (1)   Specific signs in the ORB - Office Retail Business and O1 - Office 1 Zoning Districts.

         (a)   Each commercial (business) establishment may have one sign on or attached to the facade of the establishment on each public street frontage. The sign shall not project or extend more than two feet beyond the building line and shall not exceed an area equal to either 15% of the facade area of the establishment facing the street, including window and door area on which they are displayed, or 50 square feet, whichever is smaller.

         (b)   Each development with at least 100 feet of lot frontage on a public street may have one freestanding sign on each public street frontage, provided that such signs are not larger than one-half square foot of sign per linear front foot of building, with a maximum of 75 square feet of area and shall be erected within the property lines of the development to which they relate. In the case of a group of two or more business uses sharing a common parking area, one freestanding sign shall be permitted for the purpose of identifying the site as an office complex, shopping center or other commercial professional use or identifying the users within the development. Such sign shall not be larger than one-half square foot of sign per linear front foot of building with a maximum of 75 square feet and must be erected within the property lines of the use to which it relates.

      (2)   Specific signs in the B - Business, EIB - Economic Industrial Business, MB - Major Business, O3 - Office 3 Zoning Districts, and O4 - Office Campus Zoning Districts and for non-residential uses only in the CR - Cluster Residential, SH - Senior Housing and RR - Rural Residential Zoning Districts.

         (a)   Each commercial (business) establishment may have one sign on or attached to the facade of the establishment on each public street frontage. If the principal facade frontages of a group of commercial establishments located in a shopping center or office complex are oriented toward an internal pedestrian walkway or roadway, each commercial business establishment may have one sign on or attached to the facade facing such walkway or roadway. The sign shall not project or extend more than two feet beyond the building line and shall not exceed 15% of the facade area of the establishment facing the street, including window and door area on which they are displayed or 150 square feet, whichever is smaller.

         (b)   Each development with at least 100 feet of lot frontage on a county road or municipal street may have one freestanding sign on each public street frontage, provided that such signs are not larger than one-half square foot of sign per linear foot of building frontage, with a maximum of 75 square feet of area and shall be erected within the property lines of the development to which they relate.

         (c)   In the case of a group of two or more business uses sharing a common parking area, one freestanding sign shall be permitted for the purpose of identifying the site as an office complex, shopping center or other commercial or professional use or identifying the users within the development. Such sign shall not be larger than one-half square foot of sign per linear foot of building frontage for all uses sharing the parking areas with a maximum of 75 square feet and must be erected within the property lines of the use to which it relates.

         (d)   Each development with at least 100 feet of street frontage on a state highway may have one freestanding sign on the state highway (subject to Department of Transportation approval, if required), provided that such sign shall not be larger than one-half square foot of sign area per linear foot of building frontage, with a minimum of 32 square feet and a maximum of 75 square feet of area and shall be erected within the property lines of the development to which such sign relates.

         (e)   Blade signs. One blade sign shall be permitted along walking promenades to identify an individual business use in lieu of a building identification sign under division (H)(2)(a) above. The sign shall not exceed six square feet in size, and the bottom of the sign shall not be less than eight feet above the paving ground.

         (f)   Secondary blade signs. One secondary blade sign shall be permitted along walking promenades to identify an individual business use. The sign shall not exceed three square feet, and the bottom of the sign shall not be less than seven feet six inches above the paving grade.

         (g)   In the O3 - Office 3 Zone where the TC - overlay applies, the following sign regulations shall govern:

            1.   One sign not exceeding 300 square feet in area identifying or advertising a theater in a community shopping center shall be permitted on each public road adjacent to the community shopping center; no more than two such signs shall be permitted for any theater.

            2.   No free-standing sign shall be set back less than 25 feet from the street right-of-way.

      (3)   Signs in the TC - Town Center Zoning District.

         (a)   Freestanding or pylon signs are permitted subject to the following:

            1.   No free-standing or pylon sign shall be set back less than 25 feet from the nearest line of any public road or street.

            2.   One free-standing or pylon sign, not exceeding 500 square feet in area, identifying or advertising a regional shopping center shall be permitted on each public road adjacent to the TC - Town Center Zone; provided, however, that if the adjacent portion of any such public road exceeds 1,000 feet in length, one such additional sign shall be permitted for each additional 1,000 feet of frontage or portion thereof on such road.

            3.   One freestanding or pylon sign, not exceeding 500 square feet in area, identifying or advertising a theater in a regional shopping center shall be permitted on each public road adjacent to the TC - Township Center Zone; provided, however, that no more than two such signs shall be permitted for any theater.

            4.   One free-standing or pylon sign, not exceeding 300 square feet in area, identifying a hospital, research and development establishment, testing laboratory or other business primarily engaged in activities of a limited industrial character shall be permitted for each such establishment on each public road adjacent to the establishment.

            5.   One free-standing or pylon sign, not exceeding 200 square feet in area, identifying or advertising an automobile sales showroom or tire, battery and accessory store in a regional shopping center shall be permitted for each such showroom or store.

            6.   One free-standing or pylon sign, not exceeding 32 square feet in area, advertising the sale of letting only of premises within the TC - Township Center Zone shall be permitted on each public road adjacent to the TC - Township Center Zone; and one freestanding or pylon sign, not exceeding 32 square feet in area, shall be permitted on each arterial and collector street within the TC - Township Center Zone.

            7.   One free-standing or pylon sign, not exceeding 100 square feet in area, identifying the TC - Township Center zone by a name and/or symbol shall be permitted at or near each vehicular entrance to such zone.

            8.   One free-standing or pylon sign, not exceeding 32 square feet in area, identifying a gasoline service station shall be permitted on each public road adjacent to such station.

            9.   One ground-mounted identification or directory sign, not exceeding 32 feet in area, shall be permitted at or near each entrance to each office building, hotel, motel, hospital, research and development establishment, testing laboratory or other business use.

            10.    Freestanding directional signs and signs for the regulation of traffic, parking, loading and unloading shall be permitted.

         (b)   Except as permitted above, all signs identifying or advertising any commercial, limited industrial, public or recreational use in the TC - Township Center Zone shall be affixed to the building or buildings devoted to such use, and no sign or signs so affixed shall occupy more than 20% of the total surface of any side of any building. Directory signs and informational signs affixed to any building in a regional shopping center shall not be included within the foregoing 20% limitation.

         (c)   No sign shall be illuminated by lighting of intermittent or varying intensity, and no sign affixed to a building shall project above the roof line or the top of any parapet facade of such building.

      (4)   Signs in the GB2 - General Business 2 Zoning District.

         (a)   General requirements.

            1.   No sign shall be illuminated by lighting of intermittent or varying intensity.

            2.   No sign affixed to a building shall project above the roofline or parapet facade of such building.

            3.   The size and location of all proposed signs shall be included as part of the submission for final site plan approval.

         (b)   Freestanding or pylon signs. Freestanding or pylon signs shall be permitted only as follows:

            1.   One free-standing sign, not exceeding 200 square feet in area, shall be permitted on each public street which identifies a retail shopping area of 50,000 gross square feet or larger.

            2.   Two free-standing or pylon signs not exceeding 50 square feet each shall be permitted at each public street entrance drive (constituting an intersection between an existing public street and the primary interior vehicular circulation system, not a parking lot drive entrance) to identify by name and/or symbol of the development on which such freestanding or pylon sign is located.

            3.   One free-standing or pylon sign not exceeding 40 square feet shall be permitted to identify each principal non-residential building, including a parking garage building.

            4.   One free-standing or pylon sign not exceeding 40 square feet shall be permitted to identify each mid-rise or high-rise residential building, as well as one freestanding or pylon sign not to exceed 40 square feet to identify the entrance to each low-rise residential neighborhood.

            5.   Each permitted non-residential use with at least 100 feet of lot frontage on a public street may have one freestanding sign on each public street frontage, provided that such signs are not larger than one-half square foot of sign per linear front foot of building, with a maximum of 75 square feet of area, and shall be erected within the property lines of the premises to which they relate. In the case of a group of two or more business uses sharing a common parking area, one freestanding sign shall be permitted for the purpose of identifying the site as an office complex, shopping center or other commercial professional use. Such sign shall not be larger than one-half square foot of sign per linear front foot of building, with a maximum of 75 square feet, and must be erected within the property lines of the use to which it relates.

         (c)   Building identification signs shall be permitted as follows:

            1.   Each building containing non-residential uses shall be permitted one building identification sign not to exceed the lesser of 15% of the facade area facing the street (including window and door area) or 100 square feet, except that if the reviewing board determines at the time of final site plan approval that such building contains multiple entrances and/or exposures so that additional building identification signs would be helpful to the public, the reviewing board may increase the number of such signs up to three per individual building, provided that the cumulative square footage of such building identification signs for any one building shall not exceed 200 square feet.

            2.   Each building containing a combination of residential and non-residential uses shall be permitted one building identification sign, provided that the total number of square feet contained in such building identification sign related to any one building shall not exceed 50 square feet, except that if the reviewing board determines at the time of final site plan approval that such building contains multiple entrances and/or exposures so that additional building identification signs would be helpful to the public, the reviewing board may increase the number of sign up to three per individual building, provided that the cumulative square footage of such building identification signs for any one building shall not exceed 150 square feet.

            3.   Each individual business may have its own building identification sign attached to a facade of the premises which it occupies. Such sign shall not exceed 40 square feet or one-half square foot for each linear foot of facade, whichever is greater.

            4.   Wording or identification logos may be painted or otherwise attached to canopies and awnings at the first floor level of stores, restaurants, offices and similar facilities. Such lettering or identification logo shall relate only to the use located within the premises to which the awning or canopy is attached and shall only be allowed on awnings or canopies for the Plaza 1000, Promenade, Piazza and the Village Shops.

            5.   Blade signs. One blade sign shall be permitted along walking promenades to identify an individual business in lieu of a building identification sign as permitted above in division (H)(4)(c)3. above. The sign shall not exceed six square feet in size, and the bottom of the sign shall not be less than eight feet above the paving grade.

            6.    Secondary blade signs. One secondary blade sign shall be permitted along walking promenades to identity an individual business use. The sign shall not exceed three square feet, and the bottom of the sign shall not be less than seven feet six inches above the paving grade.

            7.   Building numbering signs shall be permitted on any building, provided that the number shall be at least 12 inches high and further, that such signs do not exceed six square feet when building identification and number are on the same sign.

            8.    Placement. Placement of signs shall be as follows:

               A.    Signage may be placed on the door of any individual nonresidential tenant or occupant, not to exceed an area 18 inches by 18 inches; and

               B.   An individual non-residential tenant may erect a facade plaque sign adjacent to any entrance door, not to exceed three square feet; but

               C.   No entrance door shall have both a door sign and a facade plaque sign.

         (d)   There is no limit on the number of freestanding directional signs that the reviewing board may approve, as long as such signs are needed to direct the vehicular traffic as aforesaid. Such freestanding directional signs shall, however, meet the following criteria:

            1.   No individual sign shall exceed six square feet in area except that the six square feet can be increased up to ten square feet if the information contained on the sign exceeds eight individual line items.

            2.   No individual sign shall be greater than six feet in height.

            3.   No individual sign shall be installed in any site triangle so as to block visibility in an unsafe way.

         (e)   Directory and informational signs are defined as signs placed at the pedestrian level intended to guide pedestrians to their destination either to individual buildings or to individual occupants of buildings. There is no limit as to the number of such directory and informational signs so long as the reviewing board determines that they are needed to achieve the purpose of directing and informing pedestrians, provided that they shall meet the following criteria:

            1.   No individual sign shall exceed nine square feet.

            2.   No individual sign shall be more than six feet in height.

 

      (1)   Passenger vehicles may only be parked on residential properties where designated as a driveway. Parking on lawn areas is prohibited.

      (2)   Only one recreational vehicle (i.e. boat, camper) may be parked on a residential property at any given time and must be parked in the designated driveway.

(Ord. 266-15, passed 5-11-15)

      (1)   Wind energy systems for the purpose of generating electricity shall be permitted as an accessory use in all districts, subject to all other provisions of this chapter, if the following requirements are met:

         (a)   Due to the nature of the small residential lot sizes associated with Voorhees Township, large diameter, tall wind mills are prohibited.

         (b)   No wind energy system shall be constructed unless the property owner, wind energy system user and/or their authorized designee has obtained site plan approval in accordance with the provisions of the ULDO, provided that, in addition to such requirements, the applicant's submission shall contain the following:

            1.   Current property survey by a professional surveyor licensed in the State of New Jersey;

            2.   Plot plan showing the location of the proposed wind turbine tower or support pole, all right-of-way line(s) and the location of all utility lines;

            3.   A wind study prepared by a qualified individual to verify that the property conditions will produce the intended power generation by the wind turbine being considered;

            4.   Wind system specifications, wind study and design calculations for turbine, pole, foundation, roof mounting, etc.; and

            5.   Evidence that the applicant has met any and all New Jersey Board of Public Utility guidelines for wind energy systems.

         (c)    Wind-generating systems shall be restricted to vertical-axis wind turbine technology which meets the requirements set forth in division (B)(2) of this section.

         (d)   All electrical and structural design criteria shall meet the requirements of the New Jersey Uniform Construction Code (N.J.A.C. 5:23). All ground-mounted wind energy systems shall not be artificially lighted except to the extent required by the FAA or other applicable authority.

         (e)   Wind turbines contained in the wind energy system shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.

         (f)   All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.

         (g)   All moving parts of the wind energy system shall be a minimum of ten feet above ground level.

         (h)   The blades on the wind energy system shall be constructed of a corrosive-resistant material.

         (i)   All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.

         (j)   The design of wind energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment. The wind energy system shall remain painted or finished in the color or finish that was originally applied by the manufacturer unless a different color is approved by the reviewing board.

         (k)   All components of the system shall be maintained in accordance with the most current requirements set forth in the New Jersey Uniform Construction Code (N.J.A.C. 5:23).

         (l)   Wind energy systems shall comply with New Jersey's metering and interconnection standards.

      (2)   Vertical-axis wind turbines shall meet the following criteria:

         (a)   The system shall generate no more than ten kilowatts of power per residential dwelling or commercial building, or be sized to generate more power than what is required by said structure.

         (b)   Only one vertical-axis wind turbine shall be permitted on any lot.

         (c)   No vertical-axis wind turbine support pole or tower shall be constructed in the front yard of any property.

         (d)   A vertical-axis wind turbine shall be no more than 48 inches in diameter and 72 inches tall.

         (e)   The total height of a vertical-axis wind turbine shall be no more than 41 feet above ground surface to the top of the wind turbine unit.

         (f)   All parts or components of the wind energy system, including support poles, towers and vertical-axis wind turbines shall be set back a distance equal to its total height from any public right-of-way, overhead utility lines and all property lines.

         (g)   Support poles/towers and support foundations shall be designed by a professional engineer licensed in the State of New Jersey. In the event a vertical-axis wind turbine is proposed to be mounted to, or constructed on top of, an existing dwelling or building, the applicant shall also provide detailed calculations and engineering drawings of the proposed mounting. In no event shall cables be permitted to support towers, monopoles or roof-mounted structures.

         (h)   No signs, other than manufacturer warning signs and labels, shall be attached to any support pole, tower or turbine unit. In no event shall any such identification be visible from the property line or beyond.

         (i)   All units and unit installation shall be in accordance with all applicable state construction and electrical codes, including the National Electric Code. All units shall be grid-tied. All wiring shall be concealed under the roof line, below the roof deck structure or under ground.

         (j)   Noise energy levels shall not exceed 55 decibels at a common property line, provided that such level may be exceeded during short-term events such as utility outages and severe windstorms.

      (1)   Solar energy systems for the purpose of generating electricity shall be permitted as an accessory use in all zones, subject to all other provisions of this chapter, if the following requirements are met:

         (a)   Solar energy systems may consist of photovoltaic cells, hot water collector applications and hot air applications.

         (b)   Flat roof-mounted solar energy systems may be constructed on residential dwellings, garages and accessory structures.

         (c)   Free-standing or ground-mounted solar energy systems shall be considered a structure and shall be subject to the regulations of the zone for such, together with all other requirements of this chapter and any other applicable building codes and ordinances, provided that no free-standing or ground-mounted solar energy system shall be constructed in the front yard of any property.

         (d)   Except for roof-mounted systems, which shall be exempt from site plan approval, no solar energy system shall be constructed unless the property owner, solar energy system user and/or their authorized designee has obtained site plan approval in accordance with the provisions of the ULDO, provided that, in addition to such requirements, the applicant's submission shall contain the following:

         (e)   No solar energy system shall be constructed unless the property owner, solar energy system user and/or their authorized designee has obtained site plan approval in accordance with the provisions of the ULDO, provided that, in addition to such requirements, the applicant's submission shall contain the following:

            1.   Current property survey by a professional surveyor licensed in the State of New Jersey showing all current improvements on the property and the proposed location of the solar energy system sought to be constructed;

            2.   A study, prepared by a qualified individual, to verify that the property conditions will produce the intended solar power generation based on property location, surrounding structures and building orientation; and

            3.   Solar energy system plan and specifications, including but not limited to detailed calculations and engineered drawings of the proposed mounting, prepared by a professional engineer licensed in the State of New Jersey.

         (e)   Tree clearing and/or removal shall not be permitted for the construction of solar energy systems or to create a path to allow sunlight to reach the solar energy systems.

         (f)   No signs, other than manufacturer warning signs and labels, shall be attached to any solar panel or mounting material or equipment. In no event shall any such identification be visible from the property line or beyond.

         (g)   The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the system into the natural setting and existing environment.

      (2)   Solar energy systems shall meet the following criteria:

         (a)   Solar energy systems shall generate no more than ten kilowatts of power per residential dwelling or commercial building, or be sized to generate more power than what is required by said structure.

         (b)   Roof-mounted solar energy systems, other than systems structurally attached to a flat roof, shall comply with the height restrictions of the zone provided that no such roof-mounted solar energy system shall project vertically above the peak of the roof or exceed a distance of three feet from the rooftop at any point.

         (c)   Solar energy systems structurally mounted on a flat roof shall comply with the height restrictions of the zone provided that same shall not exceed a distance of five feet above the roof.

         (d)   Free-standing or ground-mounted solar energy systems shall not exceed six feet in height measured from ground level and shall be set back a minimum of 20 feet from all property lines.

         (e)   All free-standing or ground- mounted solar energy systems shall be located so that any reflection is directed away or is properly buffered from an adjoining property.

         (f)   In the case where the reviewing board approves a roof-mounted, front-facing solar energy system, the solar panels must be flush-mounted to the roof.

         (g)   All units and unit installation shall be in accordance with all applicable state construction and electrical codes, including the National Electric Code. All units shall be grid-tied. All wiring shall be concealed under the roof line, below the roof deck structure or under ground.

      (1)   Any wind or solar energy system permitted and installed in accordance with this chapter which has not been in active and continuous service for a period of one year shall be deemed abandoned.

      (2)   All abandoned wind or solar energy systems, including all support structures, structural enclosures and/or other materials accessory to the wind or solar energy system, shall be removed from the property to a place of safe and legal disposal.

      (3)   The former wind or solar energy site shall be restored to its natural condition within six months of removal of an abandoned wind or solar energy system from the property.

(Ord. 266-15, passed 5-11-15; Am. Ord. 391-21, passed 10-12-21)