Accessory buildings. Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. No building permit shall be issued for an accessory building prior to the issuance of a building permit for the principal building. Construction of the principal building shall precede or coincide with the construction of the accessory building, otherwise the building permit for the accessory building may be revoked. The accessory building shall be compatible in appearance with the area in which it is located. No accessory building in any zone or district shall exceed 600 square feet unless the lot exceeds three acres in size. No accessory building shall be located closer to the front property line than the rear building line of the principal building. No accessory building shall be located any nearer to any rear or side yard property line than that number of feet specified on the Schedule of Yard, Area and Bulk Requirements,[1] except that sheds 120 square feet or less can have a three-foot side and rear setback.

Portable storage units.

Where multifamily housing projects, commercial or industrial uses or conditional uses abut any residential district or zone or existing residential use, the multifamily housing project, commercial, industrial or conditional use must buffer along the abutting property line along such other property lines as are necessary in order to effectively screen and buffer its use from the residential districts and/or uses.

Where specified above or as it is determined necessary as a result of site plan review and/or the applicant's landscape plan, a buffer strip shall be provided along property lines adjacent to a zone of lesser degree of use so as to provide protection to adjacent properties, except where such lot lines abut or are along street frontages and the relaxation of the buffer requirements is necessary to provide for the safe access to and from a public street. Buffer strips shall be free from structures, accessory buildings, signs, driveways, parking areas, outdoor storage areas, recreation facilities or other active uses.

Buffer areas shall require site plan approval and are required along all lot lines and street lines which separate a townhouse, apartment or nonresidential use from either an existing residential use or a residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views or reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicular to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The location and design of buffer areas are intended to provide flexibility in providing effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, difference in elevations, the type of buffer, such as dense planting, existing woods, a wall or fence, buffer height, buffer width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot. Parking areas, trash collection and utility areas and loading and unloading areas shall be screened around their perimeters by either a landscape screen, fence or grass buffer area, whichever is appropriate for the use involved.

All buffer areas shall be planted and maintained with either grass or ground cover maintained at a maximum height of eight inches, together with a screen or scattered planting of trees, shrubs or other plant material meeting the following requirements:

Species and varieties of plantings recommended for planting Township streets and buffer areas shall be those approved by the Township Engineer and/or the Township Planning Consultant, using the following guidelines for development of the landscape plan:

Fences and walls shall not be located in any required sight triangle. Fences and walls in any residential district or around any residential use shall not be higher than four feet unless set back from the street line the minimum setback required for the zone. Fences and walls shall not exceed six feet in height when located more than the required setback from the street line in a residential zone district or around a residential use.

Fences and walls located in the required setback area from the street line shall have open space for light and air representing at least 50% of the fence area. This provision shall apply to fences and walls in any zoning district and surrounding any use.

Fences and walls around commercial, utility and industrial uses are limited to eight feet in height. There shall be no height limitations for fences around agricultural uses, nor shall there be any height limitations for vegetative fences around any use, unless the same are located in a sight triangle or setback area where related to a street.

Fences on corner properties. Fences in the street frontage considered the front of the house shall follow Subsection E(1) and (2) above. The street frontage considered the side yard shall be allowed to have up to a six-foot-high fence, beginning at the front setback of the house and along the property line on the side of the house. However, the fence must be set back at least one foot from a sidewalk and may not be in any sight triangle.

Except where a fence or wall has specifically been approved by the Board of Directors, or a committee established by the Board of Directors, of a homeowner’s association operating within and for a residential community in the Township of Westampton, in which case the decision of the homeowner’s association shall control, all fences and walls constructed within the Township shall be a wood board-on-board type with a natural finish. (Clear weatherproofing or varnish is permitted.)

The construction of a fence or wall shall be subject to the approval by the Board of Directors, or a committee established by the Board of Directors, of a homeowner's association, or condo association operating within and for a residential community in the Township of Westampton, where one exists, in which case the decision of the homeowner's association shall control.

Allowed materials. Fences and walls shall be made of high quality, durable materials that require low maintenance. Acceptable materials for a fence include: chain link, wood, brick, masonry block, stone, tubular steel, wrought iron, vinyl, composite/recycled materials (hardy board), or other manufactured material or combination of materials commonly used for fencing.

Prohibited materials. Fences and walls shall not be made of or contain:

The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply, in writing, for the issuance of a certificate certifying that the use or structure existed before the adoption of this chapter, which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Applications pursuant hereto may be made to the administrative officer within one year of the adoption of this chapter, which rendered the use or structure nonconforming, or at any time to the Board of Adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of $10. The fees collected by the official shall be paid by him to the municipality. Denial by the administrative officer shall be appealable to the Zoning Board of Adjustment.

Abandonment. A nonconforming use shall be adjudged as abandonment when the tenant or owner displays intent of cessation and/or the nonconforming use is discontinued for a period of at least 12 consecutive months.

Conversion to permitted use.

Repairs and maintenance. Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the repair and maintenance work does not change the use of the building, increase the area of a lot used for a nonconforming purpose or otherwise increase the nonconformity in any manner.

Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

Nonconforming lots and structures. In all residential zones, any lawfully existing nonconforming structure which has been and will continue to be used for a permitted principal use may be expanded without further relief subject to the following limitations:

Existing lots. Any vacant lot, as recorded at the time of passage of this chapter, that is located in Residential Districts R-2, R-3, R-4 or R-6 and fails to comply with the minimum requirements of this chapter may be used for any permitted principal use in the district in which it lies, provided that the following requirements are complied with:

No person shall park on any street in the municipality any truck, bus, trailer or tractor, the gross registered weight of which exceeds 8,000 pounds. Trucks over four tons registered gross weight are hereby excluded from municipally owned residential streets except for the pickup and delivery of materials on such streets.

Nothing within this chapter shall be construed as preventing vehicles exceeding a gross registered weight of 8,000 pounds from making deliveries of merchandise within a residential zone or as prohibiting any vehicle exceeding the gross registered weight of 8,000 pounds used by any public utility company in connection with the construction, installation, operation or maintenance being used for such purposes. Neither shall this chapter be construed as preventing vehicles exceeding a gross registered weight of 8,000 pounds from being used in cases of emergencies within a residential zone of the Township in order to preserve and protect persons and property within the residential zone.

Recreation vehicles may be parked outside, in the driveway or in side or rear yard areas only, with a limit of one recreation vehicle per family permitted outside a building. Recreation vehicles so parked shall not be used for temporary or permanent residential purposes. Further guidelines are outlined in Chapter 235, Vehicles, Recreational.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No building permit, zoning permit or certificate of occupancy shall be issued for any use until a state permit has been issued, where a state permit is required, to ascertain and approve the level of emission, quality of emission, type and quality of emission control and such other state regulations governing the emission of pollutants into the ground, water or air.

Dust, fumes, vapor, mists, gases, fly ash and odors. Dust, fumes, vapors, mists, gases, fly ash or odors shall not be allowed to be discharged into the atmosphere in such quantities or at such levels as to cause injury, detriment of annoyance to persons on other properties or endanger their comfort, repose, health or safety or in such quantities or at such levels as to cause property damage or damage to agriculture on other properties.

Smoke. The emission of any smoke from any source whatever to a density greater than that density described as No. 2 on the Ringelmann Smoke Chart, or equivalent, is prohibited. The Ringelmann Smoke Chart, as published and used by the Bureau of Mines, United States Department of the Interior, or an equivalent based thereon, is hereby adopted and made a part of these regulations.

Ground vibrations. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point along the property line of that use.

Storage and water disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard or be a health hazard shall be stored indoors or be enclosed in appropriate containers to eliminate such pollutant or hazard.

Sound. The volume of sound inherently and recurrently generated by any use shall not exceed the standards set forth below at any point along the boundaries of the district in which such use is located.

Any use not specifically permitted in a zone established by this chapter is prohibited from that zone.

The following uses and activities are specifically prohibited in any zone, district, place or area of the Township of Westampton:

Off-street parking spaces, open-air or indoor, shall be provided with all new construction or the creation of new uses as specified in this chapter on the same lot as the use which they are intended to serve and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lots on which the use it serves is situated and shall not be encroached upon or reduced in any manner. All parking areas, passageways and driveways shall be surfaced with a dustless, durable, all-weather surface such as macadam or concrete, clearly marked for car spaces, and shall be adequately drained and subject to the approval of the Township Engineer.

The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the separate buildings or uses.

All parking areas and appurtenant passageways and driveways serving business or industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by business and industrial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.

Access aisles and driveways to parking areas shall not be less than 25 feet in width. Aisles and driveways within parking areas shall have a minimum width as follows:

Where off-street parking is required under this chapter, a site plan shall be filed showing surfacing, landscaping, location and design of entrances, exits, marking and lighting, all of which shall be subject to the approval of the Land Development Board.

The size of required nonresidential parking spaces shall be as follows:

"Building area" shall be defined, for purposes of this section and the calculation of required off-street parking only, to include, in addition to those areas as defined by the definitions section of this chapter,[5] any fenced or enclosed area for sales purposes.

For a one-family detached dwelling, two off-street parking spaces shall be provided for each dwelling unit, exclusive of garage.

Each activity shall provide for off-street loading and unloading, with adequate ingress and egress from streets, and shall provide such area at the side or rear of the building. There shall be no loading or unloading from the street.

A minimum of one space per use, except that where more than one use shall be located in one building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex, shall be dispersed through the site to best serve the individual uses and shall have site plan approval.

There shall be at least one trash and garbage pickup location provided by each building, which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions; and, if located outside the building, it may be located adjacent to or within the general loading areas, provided that the container in no way interferes with or restricts loading and unloading functions.

All off-street loading areas shall be lighted.

Loading area requirements may be met by combining the floor area of several commercial activities taking place under one roof and applying the above ratios.

No off-street loading and maneuvering areas shall be located in any front yard.

Loading spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building and shall be located to directly service the building for which the space is being provided.

No loading and parking spaces shall be located in any required buffer area.

No parking shall be permitted in fire lanes, driveways, aisles, sidewalks or turning areas.

Active recreational facilities shall be provided for each residential development, whether of multifamily housing or single-family detached housing, when the development exceeds 14 dwelling units. Recreation facilities shall be provided in accordance with the table and provisions set forth below. On multifamily housing projects, the active recreation facilities shall be located in the twenty-percent-open-space area. For cluster housing developments, the active recreation facilities shall be located in that open space area derived as a result of clustering the dwelling units. In other single-family detached housing developments, an open space area sufficient in size to accommodate the active recreation facility plus the associated required off-street parking shall be set aside by the developer, in accordance with the table set forth below:

No active recreational area shall be less than 6,000 square feet in area nor less than 60 feet in width. All recreational areas shall be located convenient to dwelling units. Recreational areas shall be furnished with recreational equipment, as is set forth in the Subdivision Ordinance,[6] plus landscaping and benches and appropriately sized trash disposal containers for the facility to be constructed. Said trash containers shall be fenced, screened and landscaped as necessary, based upon the type of trash disposal facility. The number of recreational facilities shall be determined by the number of units, in accordance with the following table:

Parking spaces for off-street parking will be required for each tennis court and each multipurpose field in the same area and on the same site as that active recreation facility which it serves. Four parking spaces will be required for each tennis court, and 20 spaces will be required for each multipurpose field. Paving specifications for the off-street parking facility shall meet the parking standard for paving in the commercial area.

A buffer area 30 feet in width shall surround the nonstreet side of each active recreational area and the parking area required to support the same. Said buffer area shall be designed, developed and maintained in accordance with the provisions for buffers set forth in  § 250-22B of this chapter, particularly Subsection B(5)(a) thereof. Landscaping within the active recreation area itself may be used as a basis for the request for a reduction of the screening within the buffer area, and the type of active recreation facility which is bounded by a portion of the perimeter property line may also be used as a basis for a request for a reduction of the screening requirements (i.e., outfield of multipurpose field, as opposed to infield or foul lines, or tot lot, as opposed to basketball court or tennis court). The adequacy of the buffering, landscaping and screening must be approved by the Township Engineer and/or the Township Planning Consultant as part of the landscape plan presented to the reviewing authority.

Recreational facilities for a type different than those mentioned above may be proposed for substitution by the developer and submitted for approval of the Board. Recreational facilities shall be substituted on a dollar-for-dollar cost basis with cost figures submitted by the developer and shall be of a type to serve the same age group for whose use the original recreational facility was intended.

Recreational facilities proposed for any section of the development receiving final plat approval shall be completed prior to issuance of 50% of the certificate of occupancy for said section and prior to issuance of the building permits for any abutting and adjacent dwelling unit.

All active recreational facilities shall be so located where they are easily accessible for police review and inspection so as to maintain safety, peace and order in the community.

Where two or more developments are proposed for construction or are in the process of construction, which developments are either adjacent to one another or are in close proximity to one another, the number of dwelling units in the two developments shall be added together to determine the type of recreation facilities needed for the area, and the responsibility for providing and constructing the recreation facilities so determined shall be allocated proportionately between or among the developments.

Flagpoles.

Flags, number and size. For each detached dwelling unit, two flags, each not greater than 24 square feet in size, may be displayed. In all multifamily developments and in all nonresidential zones, three flags, each not greater than 40 square feet in size, may be displayed.

In all single-family detached housing districts, temporary storage buildings shall be permitted, subject to the following:

All temporary storage buildings that do not satisfy all of the requirements of this subsection shall be considered permanent accessory structures and shall satisfy all building and zoning requirements for permanent accessory buildings.

Additional antennas may be added to a non-conforming communications tower and ground-mounted support equipment may be added to a communications tower base complex in any zoning district, subject to the following:

An applicant shall satisfy all of the requirements set forth in this subsection or the applicant shall apply for a use variance in addition to a minor site plan.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Solar energy systems, accessory use: where permitted.

Solar energy systems as a principal permitted use: where permitted.

It shall be unlawful for any person, firm or corporation to erect, alter, locate or relocate, reconstruct or change in any manner any sign or signs greater than six square feet in area without first having obtained and having in force and effect a permit for the location of such sign or signs from the Construction Official.

Any person, firm or corporation desiring to procure a permit to maintain a sign in the Township of Westampton shall file with the Construction Official a written application which shall consist of an accurate description of the location or the proposed location where said sign is to be erected and a diagram of each sign that the applicant desires to erect, alter, locate or relocate, use or maintain. Such application shall be signed by the applicant who shall also indicate his post office address and supply any and all information that the Construction Official may reasonably require in order to determine properly whether the proposed location of the sign complies with the provisions of this chapter.

The changing of the advertising copy or message on an approved sign.

Normal maintenance and repairs, unless a structural change is made.

Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 feet from all street and property lines. Such signs shall not exceed eight square feet in area for residential advertising nor 35 square feet for commercial and industrial uses. Such signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. No more than one sign shall be permitted along each street on which the building has frontage. Real estate signs shall be permitted only on the lot that the sign is advertising.

Directional signs to real estate open houses may be permitted from the nearest designated main street, at the entrance to a development, and on street corners directing potential buyers to the advertised property. Such signs shall be posted no earlier than 24 hours prior to an open house event and shall be removed no later than one hour after such event. Attachments to open house signs must be attached firmly and be constructed of material that is reusable or otherwise environmentally sensitive.

Temporary signs. No more than one sign advertising the name of the building under construction, the general contractor, the subcontractor, the financing institution, any public agencies or officials and the professional personnel who worked on the project is permitted on a construction site, beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy for the structure or the expiration of the building permit, whichever comes first. Such sign shall not exceed an area of 32 square feet.

Temporary political signs not exceeding 32 square feet in area may be erected on any privately owned lot or parcel. Political campaign signs on cardboard not exceeding six square feet in area are permitted in all districts. No such sign shall be erected more than 30 days prior to the election or referendum which it purports to advertise, and all such sign shall be removed within five days after the event.

A sign advertising goods and/or services not sold or performed on the lot on which the sign is located shall not be permitted, including billboards.

No flashing sign of any type may be erected.

No signs shall be so placed as to impede or interfere in any way with the operation of a traffic light, traffic directional signal or general traffic vision.

No advertising sign or device may be erected or used on top of any building.

Portable signs.

Any sign or illumination that causes any direct glare into or upon any road or any building other than the building to which the sign may be related.

Animated, flashing, illusionary and windblown signs. Signs using mechanical and/or electrical devises to revolve, flash or display movement or the illusion of movement as well as windblown signs are prohibited. Windblown signs shall include, but not be limited to, pennants, streamers, propellers and balloons. Searchlights used for the attraction of attention to a commercial facility are also prohibited.

Changeable copy signs, either manually or electrically changed, except as permitted for institutional uses.

The area of a sign shall mean and shall be computed as the area to the outside edge of the frame surrounding the sign or by the edge of the sign if no frame exists. When no frame or edge exists, the area shall be defined by a projected, enclosed parallelogram drawn to include all figures, letters, pictures and graphics on such sign. Multifaceted signs shall not exceed the area allowed for standard signs.

Street number designations, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property as "Private Property," "No Hunting" or similar purposes, and "Danger" signs around utility and other danger areas are permitted but are not to be considered in calculating the sign area.

The limitations of sign area prescribed in this chapter for permitted commercial and industrial uses shall not apply to parking lot markers, directional signs or entrance and exit signs erected on the premises, provided that each such sign does not exceed four square feet in area, that the number and the location of such signs are approved by the reviewing authority and that no such sign contains any advertising matter.

Retail.

All signs shall be set back a minimum of 10 feet from all property lines.

All signs shall be located outside all sight triangles.

Attached signs shall be affixed parallel to the wall to which they are attached and project no more than 15 inches from this surface of the wall.

Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign shall be permitted if said sign contains or uses a beam, beacon or flashing illumination. All signs lighted externally shall be lit from the bottom and be shielded from adjoining lots, streets and interior drives and with the light source angled no closer to the horizontal than two vertical to one horizontal. All lights shall be either shielded or shall have a translucent fixture to reduce off-site effects.

Signs permitted for conditional uses. Conditional uses are allowed in accordance with the provisions of the sign regulations, no matter in what district the conditional use is located, except as specifically modified in the provisions for that conditional use.

Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

In all projects, a master sign program shall be submitted for review and approval. The master sign program shall show the proposed color combinations as well as the locations and the sizes of all signs.

The overall project shall be permitted freestanding project identification signs, one along each existing perimeter street or highway. These signs shall identify only the name and the logo of the entire project. The maximum size for each sign shall be 100 square feet.

Individual tenants within a shopping center shall not be permitted a freestanding sign.

Each office, warehouse or industrial building shall be permitted one freestanding sign indicating either the name and the logo of the building, the address of the building, or both. The sign shall not be greater than 50 square feet in size.

Shopping centers and each office, warehouse or industrial building shall be permitted one or more tenant directory signs for multi-occupied buildings. These signs shall be located within the parking lot near the vehicular access points. These signs shall be monument-based and ground-mounted horizontally and shall not be raised in the air on poles. These signs may list the occupants of the building, suite numbers and directional arrows. Such signs shall be a maximum of 16 square feet with a maximum height of six feet.

Facade signs.

Retail, restaurant, hotels and motels:

Office, warehouse and industrial buildings. Freestanding directory and facade signs shall be as specified in § 250-25J(4), (5) and (6)(c) and (d).

The proposed use is a bona fide nonprofit religious use.

The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties; that the design of any structures to be erected in connection with such use is in keeping with the general character of the residential area; and that sufficient landscaping, including trees, shrubs and lawn, is provided to appropriately buffer said use from adjoining residential properties and to ensure an attractive appearance for the use.

The buildings will not occupy more than 25% of the lot area.[1]

Minimum lot size: two acres.

Width at building line: 250 feet minimum.

Front yard setback: in accordance with the zoning district in which the use is located.

Rear yard setback: in accordance with the zoning district in which the use is located.

Side yard setback: in accordance with the zoning district in which the use is located.

Height limitations: maximum to highest roof ridge or parapet coping, 35 feet, excluding architectural roof appurtenances such as chimneys, balustrades and cupolas.

Lot coverage.

Off-street parking spaces required.

Parking lot design. Refer to § 250-22Q.[2]

In addition to the information required in the site plan, said plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles which are to be garaged, parking and vehicular circulation and the relationship of the proposed use to the highways, streets and adjacent properties.

No conditional use will be granted unless it is determined that the proposal satisfies the following aesthetic considerations:

The following standards shall apply to any such conditional use:

No more than two service stations may be located at any one intersection.

Outdoor displays of the accessory goods for sale may be erected on the pump island and on the building island only, provided that they are in a suitable rack or stand.

Parking facilities shall be provided in the ratio of one parking space for every 100 square feet of floor area in the principal building which is specifically devoted to use as a motor vehicle service station. Additional parking will be required if any portion of the site is used as a convenience store.

Where the motor vehicle service station abuts a residential area (either a residential zone or an existing residential use), the motor vehicle service station shall provide buffering in accordance with the terms of this chapter, or as otherwise specifically approved by the Planning Board based on specific site conditions.

All fuel pumps shall be located at least 25 feet from any street or property line. A minimum space of 20 feet shall exist between any two islands and between any island and the service station building.

No motor vehicle service station shall display for sale, rental or storage any motor vehicle or utility trailer or van or truck.

Motor vehicle service stations shall comply with lot area and width requirements of the zone in which they are located.

Signage is permitted as follows:

The design of any building in connection with such facilities, as far as the general character of the area, will not be a substantial detriment to the property rights of others in the zone.

Adequate and attractive fences and other safety devices will be provided.

Sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.

Adequate off-street parking will be provided.

All of the area, yard and building coverage requirements of the restrictive zone will be met.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicles will be offered for sale on the site.

No motor vehicles shall be parked on the premises and remain standing thereon for more than 14 consecutive days. For purposes of this section, the term "motor vehicle" shall include partially dismantled motor vehicles or any group of motor vehicle parts, as well as motor vehicles in apparently operable condition. Noncompliance with the provisions of this section shall be just cause for the revocation of the permit required by this section and of the certificate of occupancy.[3]

A "residential care facility" is an integrated complex consisting of individual dwelling units with or without cooking facilities in each unit and which provides a common dining area which may be available to the residents of the complex. Medical facilities are usually not provided, which distinguishes this type of facility from a nursing home.

Area and lot coverage shall be as follows:

Parking spaces shall be nine feet by 18 feet in size for perpendicular spaces used for employee parking and 10 feet by 20 feet in size for patient, guest or visitor parking. The number of spaces shall be computed at 0.333 parking space per bed for patient, guest or visitor parking, plus two spaces for each employee determined based on the highest shift. Only 1/2 of the aforesaid employee parking need be improved as part of the initial construction of the facility.

A landscape plan showing adequate and appropriate buffering and screening must be approved.

All signs shall be reviewed by the approving authority that approves the developmental plan, whether said signs are illuminated or not, and meet the number and size requirements for commercial uses set forth elsewhere in this chapter, unless express provisions changing the general requirements are set forth elsewhere in this section.

All utility and service areas shall be adequately screened and buffered.

No standing sign shall exceed 15 feet in height. All signs shall be reviewed by the approving authority that approves the developmental plan, whether said signs are illuminated or not, and meet the number and size requirements for commercial uses set forth elsewhere in this chapter, unless express provisions changing the general requirements are set forth elsewhere in this section.

Buffers. Forty-foot-wide grass border strips or a twenty-foot-wide landscaped or bermed border strip shall be established between any improved surface and any property line. With respect to the landscaped and bermed border strip, the combination of topography and planting shall not exceed 30 inches in height. The requirement of this section may be waived by the Land Development Board if such a border strip would serve no useful purpose or may be reduced to 10 feet if the Board determines that the landscaping and berming provided is ample enough to serve as a basis for the reduction.

Building setbacks shall be as follows:

Units. Rooms or units within those facilities such as congregate care facilities and residential care facilities which are intended for human occupancy on a long-term basis shall contain an interior dimension of not less than 200 square feet and shall contain toilet, bathing and sleeping facilities as well as living space. If cooking facilities are included, the interior dimension shall not be less than 250 square feet.

Density. There shall be a density of not greater than 15 units per gross tract acre for each facility two stories or less in height. A facility of greater height consisting of more stories than two shall be accorded a proportionate density increase depending upon the number of stories allowed.

Drives, parking areas, loading zones and trash enclosures, impervious cover and signs all shall meet the standards set forth in this chapter for commercial and industrial uses unless specifically modified herein.

All facilities shall be protected by an approved manual fire alarm system. All facilities shall be protected by an approved automatic sprinkler system. Any facility exceeding two stories shall have elevator service provided.

Buildings will not occupy more than 25% of the lot area, and total improvement coverage shall not exceed 75%.

The appropriate area and number of off-street parking spaces have been established and met. The burden shall be on the applicant to show that the property will be so situated that no traffic problems are likely to result and to produce plans showing off-street parking and proposed traffic flow and proposed location of cars or vehicles lining up for funeral processions. The proofs must show that the property is adequate in size and so located as to prevent congestion.

All signs shall be reviewed by the approving authority that approves the developmental plan, whether said signs are illuminated or not.

All adjacent single-family detached residential uses, zones or districts, whether constructed or to be constructed, shall be buffered.

All utility and service areas shall be adequately screened and buffered.[4]

The facilities involved shall consist of halls, meeting places or clubhouses belonging to an association of persons formed for mutual aid and benefit, but not for profit, providing social, recreational or cultural opportunities for members.

The applicant shall set forth a statement of full particulars on the operation of the proposed use and a complete list of current officers, including names and resident addresses.

The applicant shall provide sufficient information to enable the Board to determine that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment and use of the members of said organization.

All adjacent single-family detached residential uses, zones or districts, whether constructed or to be constructed, shall be buffered.

The design of any building in connection with such facilities, as far as the general character of the area, will not be a substantial detriment to the property rights of others in the zone.

Buildings will not occupy more than 25% of the lot area, and total improvement coverage shall not exceed 75%.

(Reserved)[5]

All utility and service areas shall be adequately screened and buffered.

Definitions. A "satellite antenna" is any apparatus, commonly known as a "dish antenna," which is designed for the purpose of receiving satellite television transmissions.

Permit; required fee. No satellite earth station antenna, including its mount, shall be built, erected or modified unless a building permit is issued by the Construction Official. Any person, which shall include corporations, partnerships, associations or any other legal entity, applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he may reasonably require as to the satellite earth station antenna to be constructed, erected or modified and shall pay a fee equal and equivalent to the sum of $6 per $1,000 of the value of the costs of said construction and installation of said satellite antenna commonly known as a "satellite dish."

Conditional use. The satellite earth station, commonly known as a "satellite dish," is permitted in all zones as a conditional use after the following requirements are met:

Area and lot coverage shall be as follows:

Units. Rooms or units within the facility intended for human occupancy shall contain an interior dimension of not less than 200 square feet and shall contain toilet, bathing and sleeping facilities as well as living space. If cooking facilities are included, the interior dimension shall not be less than 250 square feet.

Density. The density shall be not greater than 15 units per gross tract acre for each facility two stories or less in height. A facility of greater height consisting of more stories than two shall be accorded a proportionate density increase depending upon the number of stories allowed.

All drives, parking areas, loading zones and trash enclosures, impervious cover and signs shall meet the standards set forth in this chapter for commercial and industrial uses unless specifically modified herein.

Buffers and setbacks shall be the same as those for hospitals and nursing homes, etc.

Parking. One parking space per unit intended for human occupancy shall be provided, plus two spaces for each employee determined based on the highest shift. Only 1/2 of the aforesaid employee parking need be improved as part of the initial construction of the facility. All spaces for employee parking shall be at least nine feet by 18 feet for perpendicular parking. All spaces for visitor or guest parking shall be 10 feet by 20 feet.

Ballrooms, conference rooms, meeting rooms and similar assembly facilities are permitted in these facilities. Parking requirements for such facilities shall be based on 25% of the maximum occupancy permitted under the Building and Fire Codes[6] for the aforesaid assembly facilities. Restaurants shall meet the requirements for parking as set forth elsewhere in this chapter or 25% of the maximum occupancy permitted under the Building and Fire Codes, whichever number is greater. Parking space shall be 10 feet by 20 feet.

As part of the hotel or motel, commercial uses may be located therein, limited to the following types of uses and restrictions:

All facilities shall be protected by an approved manual fire alarm system. All facilities shall be protected by an approved automatic sprinkler system. All facilities exceeding two stories shall have elevator service provided.

(Reserved)[7]

A landscape plan showing adequate and appropriate buffering and screening must be approved.

All utility and service areas shall be adequately screened and buffered.

Minimum tract size shall be 15 acres.

Tracts shall be developed with interior streets to reduce the number of access points on arterial and collector streets.

The average lot size in the park shall not be less than four acres.

The minimum lot size shall be 2.5 acres.

No lots of less than four acres may be created by subdivision until a sufficient number of lots in excess of four acres have been subdivided to maintain the minimum average lot size of four acres, except that in any event, no more than half the total number of resulting lots may be less than four acres. (For purposes of this chapter in determining building setbacks and other site requirements, a leased area that is not a subdivided lot shall nevertheless use the boundaries of the leased area in the same manner as if the boundaries were the subdivided lot lines.)

The minimum lot frontage, width and depth, required yards, maximum building height, maximum building coverage, maximum floor area ratio (FAR) and maximum impervious coverage shall be as required in the Schedule of Area, Yard and Bulk Requirements, Table II, for four acre lots.[8]

Minimum tract size shall be 25 acres.

Tracts shall be developed with interior streets to reduce the number of access points on arterial and collector streets.

The average lot size in the park shall not be less than 10 acres.

The minimum lot size shall be five acres.

No lots of less than 10 acres may be created by subdivision until a sufficient number of lots in excess of 10 acres have been subdivided to maintain the minimum average lot size of 10 acres, except that in any event, no more than half the total number of resulting lots may be less than 10 acres. (For purposes of this chapter in determining building setbacks and other site requirements, a leased area that is not a subdivided lot shall nevertheless use the boundaries of the leased area in the same manner as if the boundaries were the subdivided lot lines.)

The minimum lot frontage, width and depth for parcels less than 10 acres shall be 300 feet, with minimum building setbacks of 65 feet from front and rear lot lines and 50 feet from side lot lines, except a minimum setback of 100 feet from any residential zone line.

Maximum building height, maximum building coverage, maximum floor area ratio (FAR) and maximum impervious coverage shall be as required in the Schedule of Area, Yard and Bulk Requirements, Table II.[9]

Minimum tract size shall be 15 acres.

Tracts shall be developed with interior streets to reduce the number of access points on arterial and collector streets.

The average lot size in the park shall not be less than four acres.

The minimum lot size shall be 2.5 acres.

No lots of less than four acres may be created by subdivision until a sufficient number of lots in excess of four acres have been subdivided to maintain the minimum average lot size of four acres, except that in any event, no more than half the total number of resulting lots may be less than four acres. (For purposes of this chapter in determining building setbacks and other site requirements, a leased area that is not a subdivided lot shall nevertheless use the boundaries of the leased area in the same manner as if the boundaries were the subdivided lot lines.)

The minimum lot frontage, width and depth, required yards, maximum building height, maximum building coverage, maximum floor area ratio (FAR) and maximum impervious coverage shall be as required in the Schedule of Area, Yard and Bulk Requirements, Table II.[10]

The habitable area of any dwelling used for a bed-and-breakfast facility shall exceed 3,000 square feet. Basements and unfinished attics shall not be counted as part of this computation.

A residential dwelling containing overnight or short-term sleeping accommodations for paying guests, limited to two such rooms, suites or units. Occupancy of each unit or suite is limited to a maximum of two adults and two children.

The owner of the establishment must reside on the premises.

The character of the structure must be maintained and continued as a single-family residence.

A central dining area may be utilized to furnish meals to guests only. Individual kitchen facilities and restaurant service to the general public are prohibited.

Guest stays are limited to 14 consecutive days of any period of 90 successive days.

If the cartway which the property fronts is not wide enough to permit on-street parking on both sides of the street, off-street parking must be provided as follows:

Signs. One or more signs indicating only the name, occupancy or purpose of such building for any bed-and-breakfast facility or identifying the off-street parking area, provided that the aggregate area of such signs shall not exceed six square feet and no individual sign shall exceed four square feet. The signs shall not be internally illuminated. Either top or bottom lighting may be used with the lighting and sign to be arranged to reflect the light and glare away from adjoining lots and streets. Criteria pertaining to signs as set forth in § 250-23 shall be followed unless they conflict with other provisions set forth in this subsection.

As part of a conditional use application, a site showing the signage, including location and type and parking, shall be required.

The minimum tract size shall be at least 30 acres.

The property shall front upon a municipal street.

The property shall have a common lot line with property in the B-1 and OR-1 Districts.

Minimum lot area shall be 20 acres.

Principal structures shall be located at least 1,000 feet from any school or residential building.

The following minimum building setback and landscape buffer requirements shall apply:

Buffers shall be required along all property lines and frontages, permitting breaks in the buffer only for necessary site driveway access and egress.

The maximum permitted building height shall be 40 feet as measured from the average grade around the perimeter of the building to the top of the roof, and up to 45 feet when measured to the top of any parapet.

The maximum permitted building coverage shall be 30%.

The maximum permitted lot coverage shall be 55%.

Minimum lot area shall be 10 acres.

Principal structures shall be located at least 1,000 feet from any school or residential building.

The following minimum building setback and landscape buffer requirements shall apply:

Buffers shall be required on all property lines and frontages, permitting breaks in the buffer only for necessary site driveway access.

The maximum permitted building height shall be 40 feet as measured from the average grade around the perimeter of the building to the top or peak of the roof, and up to 45 feet when measured to the top of any parapet.

The maximum permitted building coverage shall be 30%.

The maximum permitted lot coverage shall be 55%.

Minimum lot area shall be 10 acres.

Principal structures shall be located at least 1,000 feet from any school or residential building.

The following minimum building setback and landscape buffer requirements shall apply:

Buffers shall be required on all property lines and frontages, permitting breaks in the buffer only for necessary site driveway access.

The maximum permitted building height shall be 40 feet as measured from the average grade around the perimeter of the building to the top or peak of the roof, and up to 45 feet when measured to the top of any parapet.

The maximum permitted building coverage shall be 30%.

The maximum permitted lot coverage shall be 55%.

Single-family detached dwellings (See Schedule 1.[1])

Model homes and/or sales office.

Retirement community center, as part of a planned retirement community (PRC) development.

Recreational facilities and uses, including buildings for recreational activities, biking paths, walking paths, tennis courts, shuffleboard courts, swimming pools and similar recreational improvements related to the PRC.

Administration buildings related to the PRC.

Building emergency services, such as garages and offices for first aid equipment and personnel, as part of the PRC development.

On-site medical and personal services for the use of the on-site population only, as part of the PRC development.

Bus stops to service the retirement community center as part of the PRC development.

The tract shall be under one ownership or control by the applicant for purposes of obtaining all required development approvals and committing the tract to the regulations of the planned retirement community.

Area and yard requirements for tract.

Covenants and deed restrictions. Approval of a planned retirement community development consisting of age-restricted housing in the R-1 District shall be conditioned upon the placement of restrictive covenants on the deeds to any and all portions of a tract so developed, to ensure that occupancy will be limited to persons 55 years of age or older with no children under 19 in permanent residence.

Architectural controls. The following architectural standards shall apply to any planned retirement community:

Management of recreation facilities, security, internal transportation and open space. Open undeveloped portions of any age-restricted development and all proposed recreation facilities, security facilities and internal transportation facilities shall be owned and maintained by a homeowners' association consisting of all residents. Notification of this provision is to be included in the contract of sale deed for each unit.

Open space and recreation areas.

Retirement community center. Each planned retirement community development may have a retirement community center. The following standards shall apply:

Homeowner's association.

Additional facilities.

General requirements. No more than one residential lot per 140 feet of the existing rear lot line may abut the rear yards of existing residences adjoining the rear of the tract.

Buffer landscaping requirements. The minimum buffers established in § 250-26.1C(2) above shall be planted in accordance with the standards established in § 196-8B(2) and (3).

Parking requirements. One and one-half parking spaces per unit, or as required by the Residential Site Improvement Standards.

For all warehouses with a gross floor area over 100,000 square feet, a minimum of 50% of the facility's anticipated energy demands shall be met through the use of on-site renewable energy in the form of solar generated or geothermal power.

Accessory solar energy systems may be installed on the roof of the building, and/or within the parking area on site. Any accessory solar energy system installed on the roof of a building shall be exempt from the maximum permitted height requirements, up to a maximum additional height of 10 feet above the roof.

As an alternative, compliance with LEED Silver certification or greater may be substituted for this requirement.

One parking space per 250 square feet of floor area for all accessory office space and accessory amenity spaces shall be provided.

One parking space per 5,000 square feet of gross floor area for storage space within a warehouse, distribution center, or warehouse, parcel hub shall be provided.

One parking space per 2,500 square feet of gross floor area for storage space within a warehouse, fulfillment center shall be provided.

For any warehouse, fulfillment center, additional van or fleet vehicle parking spaces should be provided at a minimum ratio of one van/fleet vehicle space per 1,000 square feet of gross floor area devoted to warehouse storage, sorting, or assembly use.

Off-street loading space shall be provided at a minimum ratio of one loading space per 10,000 square feet of gross floor area devoted to warehouse storage, sorting, or assembly use.