Washington Township Burlington County
City Zoning Code

It is the intent of this chapter to preserve and encourage farming operations, to minimize municipal interference into normal farming operations and to assure farmers and horticulturalists both the right and freedom to farm, providing that no danger is presented to either the public health or to the ecology. Except as provided in Subsections B and C, farmers shall have no restrictions placed upon normal farming operations such as land clearing, terrain modification, resource extraction, soil erosion and sedimentation control, vegetation and animal waste management, agricultural chemical usage, weekend and holiday operations, nocturnal operations, and the noise, odors, dust and fumes related to crop and livestock production.

This section shall have precedence over all other general regulations of this chapter, provided that the farmer employs the recommended management practices and complies with the resource conservation plan described in the following subsections.

Erosion and runoff. Soil Conservation Service Technical Guide.

Animal waste. Soil Conservation Service Animal Waste Management Field Manual.

Fertilizers and pesticides. Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

Pinelands Village-Residential (PV-R), Special Agricultural (SA) and Pinelands Preservation (PP) zones:

Pinelands Village-Neighborhood Business (PV-NB), Pinelands Village-Industrial (PV-I) zones: eight feet maximum.

Living hedges, garden and farm fences shall be exempt from the requirements of this section, provided that they are located to the rear of the principal building and have an open appearance to neighboring properties.

Retaining walls shall be exempt from the requirements of Subsection A but not from the requirements of Subsection B.

These exceptions are shown to be necessary to accomplish their purpose.

These structures are shown to be compatible with uses in their immediate vicinity.

The aggregate roof area covered by these fixtures shall not exceed 20% of the total roof area.

The height of roof-installed water towers, ventilators, skylights, mechanical equipment, solar energy facilities and other similar structures shall not exceed a vertical height of more than 15 feet above the top of the roof.

The Planning and Zoning Board shall issue all certificates of appropriateness.

Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and

Development not otherwise exempted from review pursuant to § 275-105A of this chapter where a significant resource has been identified pursuant to Subsection E below.

This requirement for a survey may be waived by the local approval authority if:

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq., within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

This section regulates and limits the existence of uses, structures, lots and signs lawfully established prior to the effective date of this chapter and which do not now conform to this chapter.

The intent of this chapter is not to permit any such nonconformities to be enlarged, expanded, extended, structurally altered, reestablished or used as a basis for adding other nonconforming structures or uses that are prohibited or restricted by this chapter.

The burden of establishing that any nonconformity is lawfully existing under the provisions of this section shall be upon the owner of such nonconformity and not upon the municipality.

Nothing in this section shall be deemed to prevent repairing or restoring a structure to a safe condition in accordance with an order of a public official, providing such restoration does not otherwise violate other provisions of this section relating to the repair or restoration of partially damaged or destroyed structures or signs.

Applicability. This subsection applies to any use that does not conform with the zoning district requirements of this chapter and to any structure associated with a nonconforming use.

Authority to continue. Any lawfully existing nonconforming use may be continued, providing it remains otherwise lawful with respect to this section.

Repair and maintenance. Ordinary repair and maintenance, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any structure devoted in whole or in part to a nonconforming use, providing no violations are made of the following regulations for nonconforming uses.

Structural alteration. No structure devoted in whole or in part to a nonconforming use shall be structurally altered, except as provided herein, unless the entire structure and use thereof complies with all regulations of the zoning district.

Enlargement or extension. No structure devoted in whole or in part to a nonconforming use shall be enlarged, extended or added to in any manner, except as provided below, unless the entire structure and use thereof complies with all regulations of the zoning district.

Damage or destruction.

Moving. No structure devoted in whole or in part to a nonconforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and use thereof complies with all regulations of the zoning district of the proposed location.

Change in use. No nonconforming use may be changed to any other use unless the new use complies with all regulations of the zoning district.

Abandonment or discontinuance.

Reversion. No nonconforming use, once changed to a conforming use, shall revert to a nonconforming use.

Applicability. This subsection applies to any nonconforming structures associated with a use that conforms to the requirements of this chapter. If the use is nonconforming, the requirements of Subsection B shall apply.

Authority to continue. Any lawfully existing nonconforming structure may be continued, providing it remains otherwise lawful with respect to this section.

Enlargement, repair, alterations. Any nonconforming structure, other than intensive recreation facilities and those structures which are expressly limited in this article, may be enlarged, maintained, repaired or altered, providing that:

Damage or destruction.

Moving. No nonconforming structure shall be moved to any other location on the same lot or any other lot unless the entire structure shall thereafter conform to all regulations of the zoning district of the proposed location.

Change in use. No nonconforming structure may be changed to any other use unless the new use complies with all regulations of the zoning district.

Abandonment or discontinuance. When a nonconforming structure is discontinued or abandoned for a period of at least one year, regardless of an intent to resume or not to abandon, such structure shall be presumed to be abandoned and shall not thereafter be reestablished or resumed unless the owner thereof presents evidence sufficient to rebut the presumption of abandonment.

Reversion. No nonconforming structure, once changed to a conforming structure, shall revert to a nonconforming structure.

Applicability. This subsection applies only to existing nonconforming lots of record with no existing structures or improvements upon them.

Authority to continue. Any lawfully existing nonconforming lot of record may be continued, providing it remains otherwise lawful with respect to this section.

Subdivision. No existing nonconforming lot of record shall be further reduced in size.

Adjacent nonconforming lots. If two or more lots or combination or portions of lots exist with continuous frontage in single ownership, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, then no portion of the parcel under single ownership shall be used which does not meet the lot width and area requirements unless the lots or combination or portions of these lots are combined into one or more separate conforming lots.

Reversion. No existing nonconforming lot or parcel, once changed to a conforming lot or parcel, shall revert to a nonconforming lot or parcel.

This section shall be applicable to all new uses and to all existing uses undergoing conversions, alterations or expansions.

Whenever a use existing on the effective date of this chapter is changed to a new use, parking and loading facilities shall be provided as required herein for such new use. If a deficiency in the number of parking or loading spaces existed on the effective date of this chapter, the new required parking or loading spaces may be deficient by a number no more than the preexisting deficiency.

When a use is enlarged more than 10% of the gross floor area, seating capacity or like measure, when compared to existing conditions on the effective date of this chapter, parking and loading spaces shall be provided for such increase as required elsewhere in this chapter.

Location of parking. All required parking or loading facilities, including stalls, aisles and buffer areas, shall be provided on site.

Computation of parking spaces. The required number of parking spaces shall be rounded up to the nearest whole number. In churches or other areas of public assembly in which patrons occupy benches, stands or pews, each 20 inches of seating space shall be counted as one seat.

Employee parking. When parking spaces are required for employees or staffs, the maximum number of employees present at any one time or shift shall govern.

Nonspecified use. For uses not listed in this chapter, parking or loading spaces shall be provided on the same basis as the most similar listed use as determined by the Planning and Zoning Board or Zoning Board of Adjustment.

Collective or joint use.

Basic stall size. Exclusive of driveways and turning areas, a parking space shall be at least 10 feet wide and 20 feet long except as provided elsewhere in this section.

Setback from streets. No part of any parking lot or loading area, other than driveways for ingress or egress, shall be located closer to a street right-of-way line or limit of easement than the minimum front yard setback required for a principal building in the zoning district.

Side yard parking. No part of any parking lot or loading area, other than driveways for ingress or egress, shall be located in a minimum side yard area designated for the zoning district.

Setback from residential uses. No part of any nonresidential parking lot or loading area shall be located within 20 feet of any lot line forming part of a residential use or zoning district boundary line.

Screening and landscaping. The perimeter setback areas required in this section shall be treated as a perimeter landscaped open space.

Handicapped parking. At least 2% of all nonresidential parking spaces shall be constructed and reserved for use by the handicapped in accordance with N.J.S.A. 52:32-6 et seq. Each space shall be at least 12 feet wide.

Angle parking. Angle parking from 45° to 90° may be permitted, and the required stall width and length may be decreased at the discretion of the Planning and Zoning Board or Zoning Board of Adjustment to nine feet and 18 feet, respectively, for acute angle parking.

Driveways and aisles. One-way driveways or aisles shall be at least 15 feet in width; two-way driveways and aisles shall be at least 24 feet in width. When angle parking is used, reductions in width up to one foot for one-way driveways or aisles and up to two feet for two-way driveways or aisles may be permitted at the discretion of the Planning and Zoning Board or Zoning Board of Adjustment.

Surfacing, marking and circulation. All required offstreet parking spaces shall be paved or surfaced with crushed stone, shall have individual spaces marked and shall be so designed, maintained and regulated so that no parking, backing onto or other maneuvering incidental to parking shall be on any public street, walk or alley and so that any vehicle may be parked or retrieved without moving another.

Lighting. Lighting may be required by the Planning and Zoning Board or Zoning Board of Adjustment, and if required, lighting shall consist of approved lighting standards and fixtures arranged and shielded to prevent direct glare onto adjoining properties and streets. Minimum average illumination shall be one footcandle.

Car stops. Suitable car stops shall be provided to protect perimeters and landscaping and to assure proper traffic control.

Grades. Parking lot grades shall not be less than 0.3% nor more than 5% except for ramps.

Basic stall size. Exclusive of driveways and turning areas, a loading stall shall be at least 14 feet wide and 35 feet long and shall have at least 14 feet of clear headroom.

Setback from streets. The corresponding conditions and controls of Subsection C(2) are applicable to this category.

Side yard parking. The corresponding conditions and controls of Subsection C(3) are applicable to this category.

Setback from residential uses. The corresponding conditions and controls of Subsection C(4) are applicable to this category.

Location and accessibility. A loading area shall be located on the side of or in the rear of the principal building that it serves. A loading area shall also be located so that adequate traffic circulation can be maintained around an off-loading vehicle. Sites for loading areas shall be chosen to minimize interference with customer and employee traffic circulation and all pedestrian circulation routes.

Surface, marking and circulation. The corresponding conditions and controls of Subsection C(9) are applicable to this category.

Lighting. The corresponding conditions and controls of Subsection C(10) are applicable to this section.

Screening. Loading areas shall be screened or visually insulated from adjoining residential uses or zones.

American Institute of Electrical Engineers.

American Institute of Radio Engineers.

Electronic Industries Association.

No use or activity in any zoning district shall be operated so as to produce direct or indirect illumination or glare across any lot line which creates a nuisance or traffic hazard or detracts from the use or enjoyment of the adjacent property.

Excepting street lights, all exterior lighting fixtures within or adjacent to a residential zoning district shall be limited, directed or shielded to prevent the intensity of light from exceeding 1/2 footcandle measured at the residential property line. In all other zoning districts, the respective intensity of light shall be limited to one footcandle.

No lights or displays that blink, shine or move shall be permitted in any zoning district with the exception of holiday decorations.

No use or activity shall be operated in excess of the limits prescribed in the following table. Noise levels apply to any octave band and are adjusted for a frequency of 1,000 cycles per second. Vibration levels are adjusted for 25 cycles per second. All measurements are taken at the generator's lot lines.

Operations and uses generating objectionable noise and vibration levels beyond the generator's lot lines shall be prohibited from both night operation (9:00 p.m. to 7:30 a.m.) and Sunday operation.

Exceptions from this section are further delineated in § 275-65, Agricultural operations.

No use or activity in any zoning district shall be operated so as to produce any objectionable odor threshold at the generator's property lines. The odor threshold shall be determined by observation, and in case of dispute, the method and procedures specified by the American Society for Testing Materials, ASTM D1391-57, shall be used.

Exceptions from this section are further delineated in § 275-65, Agricultural operations.

Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection A(2) through (6) below, every parcel of land in the Pinelands Preservation Zone (PP) or Special Agricultural Zone (SA) shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Regional Growth Area. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

Pinelands development credits are hereby established in the Pinelands Preservation Zone (PP) at the following ratios:

Pinelands development credits are hereby established in the Special Agricultural Zone (SA) at the following ratios:

The allocations established in Subsection A(2) and (3) above shall be reduced as follows:

The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection A(2) and (3) above.

Notwithstanding the provisions above, the owner of record of 0.10 acre of land or greater in the Pinelands Preservation or Special Agricultural Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.

The provisions of Subsection A(6) above shall also apply to owners of record of less than 0.10 acre of land in the Pinelands Preservation or Special Agricultural Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection A(2) and (3) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 acre.

No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3, and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection C by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

Notwithstanding the provision of Subsection B(1) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

No conveyance, sale, or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:

Pinelands development credits shall be used in the following manner:

Pinelands development credits which are used in accordance with Subsection D(1) above shall yield a bonus of four dwelling units per credit.

Pinelands development credits may be aggregated from different parcels for use in accordance with Subsection D(1) above.

In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.

No person shall purchase any Pinelands development credits that may be required in accordance with Subsection D(1) above until such person has transmitted to all owners of property within the Township which have received an allocation of Pinelands development credits from the Pinelands Commission through the issuance of a letter of interpretation, by certified mail, a notice of intent to purchase the required Pinelands development credits. A list of property owners and addresses who have received Pinelands development credit allocations shall be maintained by the Township. After 15 days following the date such notices are transmitted, the applicant may purchase the necessary Pinelands development credits from any property owners within the Township or from any other person who owns Pinelands development credits. Required documentation to the Planning and Zoning Board shall include a notarized affidavit from the person seeking to purchase Pinelands development credits which attests to the fact that owners of property within the Township which have received Pinelands development credit allocations were notified of the applicant's interest in purchasing Pinelands development credits.

Campgrounds or campsites.

Any use which includes the bulk storage of gasoline or other petroleum products not specifically permitted in the zoning district. Exceptions may be made with the approval of the Municipal Fire Chief of the local Fire Department, or other certified fire officer or official as the alternate, as may be so designated from time to time by the governing body of the Township of Washington.

Houseboats.

Junkyards, salvage yards or outdoor storage of wrecked automobiles or parts thereof. Nothing in this section shall be interpreted to prevent the landowner of a lot on which a residence has been developed from temporarily storing two junk cars on the lot of that residence, providing that such vehicles shall be stored only in the rear yard area and set back from adjacent developed lots. Fuels shall be drained from the vehicle tank and properly disposed of. Such storage of junk cars is specifically prohibited on business, industrial and vacant lots, except as permitted for automobile garages pursuant to § 275-20C(3) and at a licensed automobile junkyard.

Any use which includes the manufacture of acid, cement, lime, gypsum, plaster of paris, potash or similar substances.

Any use which includes the manufacture or storage of volatile chemicals, explosives, fat, bleach, chlorine, asphalt, fertilizer, gas, glue, PCB, asbestos, polyvinyl chloride, or the reduction of garbage, offal or dead animals. Exceptions may be made with the approval of the Municipal Fire Chief of the local Fire Department, or other certified fire officer or official as the alternate, as may be so designated from time to time by the governing body of the Township of Washington.

Mobile units.

The use of any premises or building in a manner that endangers the morals of the municipality.

Any temporary or permanent obstructions at intersections.

Any use which involves the reduction or smelting of tin, copper, zinc, iron ores or other metallic ores; steel mills and rolling mills.

Landfills or other similar waste disposal areas.

Mobile, temporary or permanent signs of any kind not specifically permitted in the zoning district regulations.

Cannabis cultivators, delivery services, distributors, manufacturers, retailers or wholesalers.

All those signs permitted in § 383-5.

Official public safety and information signs displaying road names, numbers and safety directions.

On-site signs advertising the sale or rental of the premises, provided that:

Trespassing signs or signs indicating the private nature of a road, driveway or premises and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.

Temporary construction signs.

Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.

Temporary on-site and off-site signs advertising civil, social or political gatherings and activities, provided that the size of any such sign does not exceed four square feet.

All those signs permitted by this chapter in Articles III through VII, inclusive, for the zoning districts in which the signs are located.

Off-site directional signs are permitted, provided that the sign does not exceed six square feet in area, that the information on the sign includes no more than a directional arrow, the name of the establishment in question and the distance of that establishment to the sign location, and provided further that only one such sign may be erected or maintained on each street, road or highway serving said establishment. For purposes of this section, the definition of "billboard," located in § 275-6, does not include off-site directional signs.

Banner and cloth signs. Temporary signs and banners which are attached to or suspended from a building, and which are constructed of cloth or other combustible material, shall be constructed in a prudent manner and shall be securely supported. No more than two cloth or banner signs shall be affixed to a building. No more than two such banners or cloth signs shall be displayed upon any property within the Township of Washington, including those affixed to a building as indicated above. Such signs and banners shall be removed as soon as they are torn or damaged, and not later than 60 days after erection. The maximum size of any banner or cloth sign shall not be more than 20 feet in one dimension nor more than 50 square feet in area. Where such temporary signs or banners are suspended from a canopy or marquee, fence or posts, they shall be constructed and fastened to supports that are capable of withstanding the design loads. The maximum height to the top of the sign or banner shall not exceed 15 feet from ground level. Banners or cloth signs shall not be erected to obstruct visibility or constitute a traffic hazard, nor shall they be located in a sight triangle.

No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment.

The total area of such signs does not exceed 32 square feet per side with the maximum height to the top of the sign not to exceed 15 feet from ground level.

Signs. If lighted, the sign face may only be illuminated from an exterior source or backlighted from within during business hours. Electrical service or such lights shall be subject to the applicable permits and inspections of the Uniform Construction Code.[1]

All those signs prohibited in § 383-7.

Signs, other than safety or warning signs, which are designed or intended to attract attention by sudden, intermittent or rhythmic movement or by physical or lighting change.

Signs, other than safety or warning signs, which change physical position by any movement or rotation or which give the visual impression of any such movement or rotation.

Outdoor off-site commercial advertising signs, except for those advertising agricultural commercial establishments and agricultural roadside stands. Off-site outdoor signs advertising agricultural commercial establishments and agricultural roadside stands shall be permitted, provided that:

The corresponding conditions and controls of § 383-9 are applicable to this category.

No existing nonconforming sign shall be permitted to continue beyond January 14, 1991.

Mobile homes. If a dwelling unit has been damaged or destroyed, and its reconstruction is allowed under this chapter, a mobile home may be used as a temporary residence during the period of reconstruction, providing that the temporary use shall not exceed 12 months. A temporary trailer license shall be secured pursuant to Chapter 442, Trailers, Mobile Homes and Mobile Units, Article II, Mobile Units.

Christmas tree lot sales. Christmas tree lot sales may be permitted if adequate lot size, parking provisions and traffic access exist. Such use shall be limited to a period not to exceed 60 days.

Contractors' offices. Contractors' offices and equipment sheds containing no sleeping or cooking accommodations shall be permitted when accessory to a construction project. Such use shall be limited to a period of time not to exceed the duration of the project.

Real estate offices. On-site real estate sales offices containing no sleeping or cooking accommodations shall be permitted when accessory to a new development. Such use shall be limited to a period of time not to exceed the active selling period of homes in the new development.

Circus. A circus or carnival may be permitted, providing adequate lot size, parking provisions and traffic access exist. Such use shall be limited to a period of time not to exceed three weeks.

Outdoor sales. Commercial uses may temporarily display goods for sale on the premises outside of the principal structure, providing that such outdoor selling or storage areas shall not exceed the gross floor area of the principal building and adequate parking provisions and traffic access exist. Such outdoor sales shall not be held more often than twice a year for a period of time not to exceed one week for each sale.

Parades shall be prohibited, unless licensed pursuant to Chapter 322, Parades and Similar Assemblies.