Willingboro City Zoning Code
ARTICLE XVII
Supplementary Regulations
§ 370-78 Uses requiring conditional use permits.
[Amended 8-4-1992 by Ord. No. 1992-10; 10-4-1994 by Ord. No. 1994-8; 10-15-1996 by Ord. No. 1996-9; 12-26-1996 by Ord. No. 1996-10; 8-25-1998 by Ord. No. 1998-7]
The uses in §§ 370-79 through 370-88 may be permitted, provided a conditional use permit is obtained from the Planning Board under the terms and specifications herein. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety, and general welfare of the community if located without due consideration to the existing conditions and surroundings, the standards and proceedings in §§ 370-79 through 370-88 are hereby established, which are intended to provide the Planning Board with a guide for the purpose of reviewing certain uses not otherwise permitted in this chapter. The Planning Board shall review and administer applications for the uses in §§ 370-79 through 370-88 according to procedures spelled out under § 370-108B of this chapter, provided that no taxes or assessments for local improvements are due or delinquent on the property for which the application is made.
§ 370-79 Privately owned public utilities.
Public utility uses regulated by the Board of Public Utilities may be permitted in a B-1 or an I-1 District, or public utility uses, but not including service or storage yards, may be permitted in any district, provided that:
A.
With the application to the Planning Board, the applicant shall submit:
(1)
Detailed site and drainage plans, drawn to scale, and accurate boundaries of the tract, as required in § 370-12 of this chapter.
(3)
All streets and easements.
(4)
The locations of all proposed and existing structures and buildings within the tract and within 100 feet of the tract.
(5)
The proposed use of all buildings and structures.
(6)
Landscaped areas, existing and proposed.
(7)
Drainage.
(8)
Waste disposal system.
(9)
Parking and vehicular circulation; the relationship of the proposed use to highways, streets and adjacent properties.
B.
No such conditional use shall be permitted unless the Planning Board shall determine that:
(1)
The design of any building in connection with such facilities conforms to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located.
(2)
Adequate and attractive fences and other safety devices will be provided.
(3)
Sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.
(4)
Adequate off-street parking will be provided.
(5)
All of the area, yard and building coverage requirements of the respective zone will be met.
§ 370-80 Hospitals and philanthropic or eleemosynary uses.
Hospitals and philanthropic or eleemosynary structures, except correctional institutions, may be permitted in any residential district, provided the following standards are observed:
A.
A set of plans, specifications and plot plans and a statement setting forth full particulars on the operation of the structure or use is filed with the Planning Board by the applicant.
B.
The Planning Board finds that any parcel upon which the use is proposed contains at least five areas of land; that no structure will be erected nearer than 75 feet to any street line, nor nearer than 30 feet to any property line; that buildings will not occupy more than 25% of the lot area; that the building height will not exceed 35 feet unless the plans are certified by an architect licensed in New Jersey as meeting the requirements for a fireproof building as set forth in the Uniform Construction Code and Fire Subcode; the maximum building height may be increased to 60 feet if such construction is proposed and certified by the architect and the Township's Fire Marshal; that all other requirements as set forth in this chapter for the zone in which it is to be located are observed; that such use will in no way be detrimental to the surrounding property values; and that the structure or use proposed will serve a useful purpose to the general welfare of the Township.
§ 370-81 Quasi-public buildings, fraternal organizations and recreation areas.
Quasi-public buildings and recreation areas and facilities, including clubhouses, parks, playgrounds, public swimming pools, private swimming clubs, tennis courts, and other such activities, operated by nonprofit membership organizations may be permitted in any residential district, provided the following standards are observed:
A.
A set of architectural plans, specifications and plot plans; a statement setting forth full particulars on the operation of the use; and, where applicable, a complete list of proposed charter membership, including names and resident addresses, shall be requested to be filed with the Planning Board.
B.
It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of the organization.
C.
It is ascertained by the Planning Board that 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 erected in connection with such use are in keeping with the general character of the residential area; and that sufficient landscaping, including trees, shrubs, and lawn, are provided to serve as a buffer between the use and adjoining residential properties and to ensure an attractive appearance for the use.
D.
The property proposed to be occupied by such use shall have a minimum lot area of 15,000 square feet, a minimum road frontage of 100 feet, and a maximum lot coverage of 50%.
E.
No building, structure, or active recreational facilities shall be located within 20 feet of an adjacent residential lot.
§ 370-82 Commercial parking and storage areas.
Commercial parking and storage areas may be provided in the B-1 Primary Business District and in the I-1 Restricted Industrial District, provided that:
A.
With the application to the Planning Board, the applicant shall submit:
(1)
Detailed site and drainage plans, drawn to scale, and accurate boundaries of the tract.
(3)
All streets and easements.
(4)
Parking and vehicular circulation; the relationship of the proposed use to highways, streets and adjacent properties.
(5)
Landscaped areas, existing and proposed.
(6)
Drainage.
(7)
The location of existing or proposed structures within the tract and within 100 feet of the tract.
B.
No such conditional use shall be permitted unless the Planning Board shall determine that:
(1)
The proposed use in a specific location is necessary and convenient for the efficient parking and storage of vehicles, trucks, boats and nonmotorized trailers and will in no way detract from the character of the neighborhood or area in which the use is to be located.
(2)
Adequate and attractive fences and other safety devices will be provided. All fences shall comply with the provisions of Chapter 155, Fences, of the Code of the Township of Willingboro and the Willingboro Township Fence Construction Code.[1]
[1]
Editor's Note: The Fence Construction Code is on file in the Construction Office.
(3)
Sufficient landscaping, including trees and shrubs, will be provided and periodically maintained.
(4)
The parking and storage area or areas will be provided with either a gravel, crushed stone or all-weather pavement and suitable nightlighting facilities shielded from view from adjoining streets and residential areas.
(5)
Parking and storage of all vehicles, trucks, boats and nonmotorized trailers will be limited to those licensed or registered and in good repair.
(6)
The minimum lot area for a commercial parking or storage area shall be two acres.
(7)
No driveway shall open onto a public street or road within 150 feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Board shall consider such factors as grade and site clearance; the number and pattern of driveways; the number, location and design of ingress and egress points; the volume of traffic which may be anticipated on the site and adjoining roads; and the condition and width of pavement of adjoining roads.
§ 370-83 Motor vehicle service and gasoline stations.
Motor vehicle service and gasoline stations may be permitted in the B-1, B-2 and B-3 Districts, provided that:
A.
With the application to the Planning Board, the applicant shall submit:
(1)
In addition to the information required in the site plan as spelled out in § 205-36, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depths 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, and the number of automobiles which are to be garaged.
(2)
All applicable dimensions set forth in the schedule in this chapter.
(3)
All streets and easements.
(4)
The locations of all proposed and existing structures within the tract and within 100 feet of the tract.
(5)
The proposed use of all buildings and structures.
(6)
Landscaped areas, existing and proposed.
(7)
Drainage.
(8)
Waste disposal system.
(9)
Parking and vehicular circulation; the relationship of the proposed use to highways, streets and adjacent properties.
B.
No such conditional use shall be permitted unless the Planning Board shall determine that:
(1)
The design of any building in connection with such facilities conforms to the general character of the area and will not adversely affect the safe, comfortable enjoyment of property rights of the zone in which it is located.
(2)
Adequate and attractive fences and other safety devices will be provided.
(3)
Sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.
(4)
Adequate off-street parking will be provided.
(5)
All of the area, yard and building coverage requirements of the respective zone will be met.
(6)
The proposed use in a specific location is in the public interest and will in no way detract from the character of the neighborhood, which shall not be limited to the zoning district within which the tract exists.
C.
The following standards shall apply to any such conditional uses:
(1)
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
(2)
Any repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
(3)
No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the direct or indirect operation of the establishment and those being serviced therein, provided that such vehicles do not remain standing for more than 30 days.
(4)
Accessory goods for sale may be displayed on the pump island. The outdoor display of oil cans or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.
(5)
Parking facilities shall be provided in the ratio of one parking space for every 100 square feet of floor area in the principal building.
(6)
Where parking areas abut a residential area, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery and solid fencing as specified in § 370-74, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point in the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(7)
All fuel pumps shall be located at least 20 feet from any street or property line and shall be attendant operated.
(8)
Motor vehicle service and gasoline stations may display for sale or rental any motor vehicle or utility trailer or van, provided that specific application to the Planning Board is made therefor, which shall show an adequate parking and circulation plan for such use.
(9)
Motor vehicle service and gasoline stations located in the B-2 Zone shall comply with lot, area and width requirements of the B-3 Tertiary Business Zone.
(10)
No motor vehicle service and gasoline station shall be located within 500 feet of any public entrance to a church, school, library, charitable institution, hospital, or place of public assembly. Such distance shall be measured in a straight line from the public entrance to the nearest structure on the lot occupied by the motor vehicle service and gasoline station.
(11)
No more than two service stations shall be located at each Planned Neighborhood Business District.
§ 370-84 Professional offices.
Professional offices, as defined in § 370-14E, for more than one, but no more than two, professional persons shall be permitted, provided that the following standards are observed:
A.
A full set of plans and specifications for the structure and site plan is filed with the Planning Board by the applicant.
B.
It is ascertained by the Planning Board that the proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent properties.
C.
Parking shall be provided to supply at least two parking spaces for each professional person and employee as measured during that period of the day when the largest number of employees are on duty. Parking spaces shall only include those approved on site and those which shall abut at the curb and subject property, where vehicles may lawfully park. However, for good cause shown, the Planning Board may permit fewer parking spaces.
D.
Sufficient landscaping, including trees and shrubs, will be provided and periodically maintained, particularly but not limited to screening of off-street parking.
§ 370-85 Churches, synagogues or other places of worship.
Churches, synagogues, or other places of worship are specifically prohibited in the B-1 Zoning District from the Willingboro Township-Burlington Township line south to the intersection of Rose Street and U.S. Route 130. That area is designated for business and commercial development and those uses specifically permitted in the B-1 Zoning District. Churches, synagogues, or other places of worship may be permitted in any residential district and in the B-1 District south of Rose Street, provided the following standards are strictly observed:
A.
Site plan approval shall be obtained from the Planning Board, which shall establish the setback requirements appropriate for the use, after considering the standards of the zoning district and the use of any adjacent properties.
B.
A set of architectural elevations and floor plans shall be filed with the Planning Board.
C.
It is determined by the Planning Board that the proposed use in the proposed location will not substantially adversely affect the safe and comfortable enjoyment of property and the value of adjacent properties; that the design of any structures erected in connection with the use are in keeping with the general character of the zoning district; and that sufficient landscaping, including trees, shrubs, and lawn, is provided to serve as a buffer between the use and any adjoining residential properties and to ensure an attractive appearance for the use.
D.
No building, structure, or facility shall be located within 20 feet of an adjacent residential lot.
F.
The following area and yard requirements shall be applicable, except that the Planning Board may, in particular cases and for good cause, permit a reduction of not more than 20% in the lot frontage, lot width, lot depth, side yard, front yard and rear yard requirements:
Principal Building Minimum | Churches | ||
|---|---|---|---|
Lot area | 3 acres | ||
Lot frontage | 200 feet | ||
Lot width | 200 feet | ||
Lot depth | 300 feet | ||
Side yard | One: 75 feet Aggregate: 150 feet | ||
Front yard | 75 feet | ||
Rear yard | 75 feet | ||
Accessory Building Minimum | |||
|---|---|---|---|
Distance to sideline | 25 feet | ||
Distance to rear line | 25 feet | ||
Distance to other building | 50 feet | ||
Maximum floor area ratio | 0.30 | ||
§ 370-86 Seasonal outdoor sales.
A.
Outdoor seasonal sales licensed under the provisions of Chapter 285, Seasonal Outdoor Sales, of the Code of the Township of Willingboro shall be permitted in the B-1 and B-2 Zones.
B.
Outdoor seasonal sales licensed under the provisions of Chapter 285, Seasonal Outdoor Sales, of the Code of the Township of Willingboro shall be permitted by nonprofit emergency, charitable or religious organizations in parking lots of property owned or controlled by those nonprofit organizations in any zone.
§ 370-87 Senior citizen housing.
Senior citizen housing shall be permitted in the B-1 Primary Business Zone only, provided that the following standards are observed:
A.
Site plan approval shall be obtained from the Planning Board, which shall establish the setback requirements appropriate for the use, after considering the standards of the zoning district and the use of any adjacent properties.
B.
A full set of plans and specifications for the structure, including an architectural rendering and elevations, are filed with the Planning Board by the applicant for consideration as part of the site plan review.
C.
No site for a senior citizen housing development shall contain less than three acres, which the Township Council determines to be the minimum area required to adequately provide for a senior citizen housing project and the related facilities, parking and appropriate buffering and landscaping.
D.
The maximum residential density shall not exceed 30 units per acre, including units for the manager or administrator.
E.
The minimum age for residents (except for the manager or administrator) shall be 62 years or older.
F.
Buildings shall not exceed five stories in height.
G.
Noise and visual buffering shall be provided with any highway or secondary arterial roadway; further, there shall be buffering to minimize the impact on surrounding residential neighborhoods or commercial uses; all buffers shall be 50 feet in width, with berming and appropriate landscaping.
H.
Outside living space shall be provided for the residents, such as, but not limited to, patio areas, gardens and outside sitting areas.
I.
Any proposed senior citizen housing shall be privately owned and financed, paying normal taxes or payments in lieu of taxes pursuant to an agreement approved by the Township Council.
J.
Security measures shall be required for overnight automobile parking of residents.
K.
There shall be a dropoff for the residents at the front of the housing facility, which will also be capable of use by emergency vehicles and buses.
L.
There shall be suitable landscaping provided to enhance the quality of the site for the residents of the development.
M.
There shall be no more than two such senior citizen housing developments, totaling a maximum of 300 units in both projects, permitted as conditional uses. Once two such senior citizen housing developments have received preliminary site plan approval with conditional use permits, no further such developments shall be approved as permitted or conditional uses.
N.
The Planning Board has determined that the site plan provides for adequate off-street parking for the residents and visitors, which shall be not less than 1/2 space per unit.
§ 370-88 Child-care centers.
A.
Findings and policy.
(1)
Recognizing the need for reasonable child-care opportunities within the Township of Willingboro and due to the expanding nature of regulated child-care facilities, child-care centers shall be classified in two categories: commercial child-care centers and accessory child-care centers.
(2)
All child-care centers shall require a site plan review.
B.
Standards for commercial child-care centers.
(1)
Commercial child-care centers shall be permitted on one-and-one-half-acre or greater lots.
(2)
Off-street parking shall be provided in accordance with the site plan approved by the Board.
(3)
An off-street dropoff area, 10 feet by 40 feet, shall be provided. The location of the dropoff area shall be determined by the Board.
(4)
The outdoor play space may not be divided into more than two play areas of equal size, unless distinct, designated areas are designed for separate age groups. All outdoor play areas shall have two means of ingress and egress. One should be secured for emergency access only.
(5)
Outdoor play space shall be fenced with a six-foot-high fence, located at least two feet within the property line. The fence shall be landscaped along the outside face as directed by the Board. All parking shall be screened from the outdoor play area.
(6)
For sanitary and safety reasons, no animal enclosures, i.e., dog runs, rabbit hutches, etc., shall be located directly within the outdoor play area.
(7)
All outdoor play areas, parking and walkways shall be adequately lighted.
(8)
Sand shall not be used as a play surface, except within a sandbox.
C.
Standards for accessory child-care centers.
(1)
Accessory child-care centers developed within existing buildings and designed to serve the employees or members of the primary use on the lot may be developed on a lot equal to the minimum lot size for the primary use located on the lot, provided that the total floor area ratio of the lot does not exceed chapter requirements for the zoning district.
(2)
At the Board's discretion, separate parking facilities and/or dropoff space may be required if the child-care facilities are deemed to be excessively remote from related uses.
(3)
Off-street parking shall be provided on site at a rate of two spaces for every five children, plus one space for each employee. If the parking for the primary use will adequately serve the accessory child-care center, the Board may reduce or waive additional parking requirements for the child-care facility.
(4)
An off-street dropoff area, 10 feet by 40 feet, shall be provided. The location of the dropoff area shall be determined by the Board.
(5)
The outdoor play space may not be divided into more than two play areas of equal size, unless distinct, designated areas are designed for separate age groups. Age-appropriate play equipment should be considered if play areas are proposed to be age-specific. All outdoor play areas must be contiguous with the building. All outdoor play areas shall have two means of ingress and egress. One should be secured for emergency access only.
(6)
Outdoor play space shall be fenced with a six-foot-high fence, located at least two feet within the property line. The fence shall be landscaped along the outside face as directed by the Board. All parking shall be screened from the outdoor play area.
(7)
For sanitary and safety reasons, no animal enclosures, i.e., dog runs, rabbit hutches, etc., shall be located directly within the outdoor play area.
(8)
All outdoor play areas, parking and walkways shall be adequately lighted.
(9)
Sand shall not be used as a play surface, except within a sandbox.
§ 370-89 Home occupations.
A home occupation, as defined by this chapter, shall be subject to the following regulations. Violation of these provisions shall be subject to a penalty as spelled out in this chapter.
A.
A home occupation shall be carried on entirely within the principal building, excluding garages, unless the front door thereof has been replaced by a permanent wall and shall under no circumstances exceed 25% of the total gross habitable floor area of the principal building, including the garage, where used.
B.
No such home occupations shall require interior or exterior alterations of the principal structure.
C.
No sign shall be permitted in connection with such home occupation.
D.
No mechanical equipment shall be permitted and no commodity shall be sold on the premises in connection with a home occupation.
§ 370-90 Radio antennas and towers.
Radio antennas and/or towers relating to radio and/or television signal transmission or reception are prohibited within the Township of Willingboro, except as provided for radio, television and satellite dish antennas in § 370-91 and except where the same, including all related wires, are located entirely on a structure, with the further provision that the antennas and/or towers where permitted shall not exceed a height of 45 feet above the surrounding grade.
§ 370-91 Radio, television and satellite dish antennas. [1]
A.
Findings. The Township Council of the Township of Willingboro hereby finds and determines that the present regulations of the Township of Willingboro applicable to radio, television and satellite dish antennas are in need of revision and that reasonable rules, regulations, standards and procedures for the operation and installation of radio, television and satellite dish antennas should be established to provide for uniformity of standards without regard to the specific category of antennas and to provide for and to promote the public health, safety and welfare of the community; to promote a desirable visual environment and good civic planning; to provide for the orderly installation of the equipment; and to provide sufficient space in appropriate locations for residential and commercial use of antennas.
B. SATELLITE DISH ANTENNA
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any apparatus or structure constructed or installed out of doors and commonly known as an "earth terminal antenna," "earth terminal," "earth station," "satellite communications antenna," "satellite antenna," "microwave dish antenna," or "dish antenna" and including as part of the apparatus or device the main reflector, subreflector, feed, amplifier and support structure and which is designed for the purpose of transmitting or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space.
C.
Purpose. It is the purpose of this section to make reasonable provision for the construction or installation of radio, television and satellite dish antennas while providing for the safe installation of the antennas and reducing the visual impact of those antennas from surrounding properties and public streets and to promote a desirable visual environment within the Township of Willingboro through the creative placement and screening of antennas.
D.
General provisions. Radio, television and satellite dish antennas proposed to be installed and operated within the Township of Willingboro shall comply with all of the following general provisions:
(1)
Licensed radio and television stations and licensed and approved cable television facilities are exempted from compliance with this section.
(2)
A radio, television or satellite dish antenna shall not be placed on any lot which does not contain a permitted principal structure.
(3)
A radio, television or satellite dish antenna in a residential zone may be roof-mounted or may be installed on the ground. If roof-mounted, the antenna shall not exceed 96 inches in diameter, shall not extend more than four feet above the roof ridgeline and shall be located toward the rear of the structure away from the street line. If mounted on the ground, the diameter shall not exceed 10 feet, and the height of the antenna shall not exceed 15 feet above the first-floor elevation of the primary building on the lot and shall be within a slope line created by drawing an imaginary line drawn from a point four feet above the roof ridgeline of the primary building on the lot to another point eight feet above the rear or side yard setback line established for an accessory structure, as shown on the example below. No antenna shall be erected within a buffer area required by this chapter. Additionally, the antenna shall not be placed closer to any structure or property line than the height of the antenna from the ground level plus two feet or the established setback line for accessory structures, whichever is greater.
Slope Line Example  |
Diagram showing slope line from a point four feet above the roof ridgeline to a point eight feet above the established setback line for accessory buildings. No antenna may be installed with a height which exceeds the height of the slope line. |
(4)
A radio, television or satellite dish antenna in a nonresidential zone may be roof-mounted or may be installed on the ground in accordance with a site plan approved by the Planning Board of the Township of Willingboro. If roof-mounted, the radio, television and satellite dish antenna shall not exceed 96 inches in diameter, shall not extend more than eight feet above the roofline where mounted and shall be located toward the rear of the structure away from the street line. If mounted on the ground, the diameter shall not exceed 12 feet and the height of the radio, television and satellite dish antenna shall not exceed 20 feet. No antenna shall be erected within a buffer area required by this chapter or by any approved site plan. Additionally, the antenna shall not be placed closer to any structure or property line than the height of the antenna from the ground level plus two feet or the established setback line for accessory structures, whichever is greater.
(5)
Any antenna which is roof-mounted shall be of an open- or mesh-type construction in order to minimize the wind resistance created by the antenna.
(6)
A ground-mounted radio, television or satellite dish antenna shall be effectively screened from adjacent properties with nondeciduous plantings. The location of the plantings shall not interfere with the reception of the radio, television or satellite signals. The plantings shall be selected which, to the greatest extent possible, will blend the antenna into the immediate surrounding area.
(7)
No lot shall have more than one radio, television or satellite dish antenna. Wires and cables running between the ground-mounted antenna and any structure shall be properly installed underground and in accordance with the Uniform Construction Code. A radio, television or satellite dish antenna erected on a lot shall be used only by the residents or occupants of the principal building on that lot. Any connection, by cable or otherwise, to adjacent properties is prohibited and shall constitute a violation of yard and setback requirements. Additionally, the installation of the radio, television and satellite dish antenna shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.
(8)
Portable mounted antennas are prohibited.
(9)
No antenna shall contain, be used as, or be situated in such a manner so as to constitute a sign or advertisement.
(10)
Radio, television and satellite dish antennas shall be constructed, installed and maintained in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.
(11)
Applications for installation or construction of a radio, television or satellite dish antenna on lots containing single-family residential dwellings shall be subject to review and approval by the Department of Inspections, and a construction permit shall be required. Radio, television and satellite dish antennas proposed on any lot other than that for a single-family residential dwelling shall require minor site plan approval by the Planning Board prior to the issuance of a construction permit.
[1]
Editor's Note: The provisions on satellite dish antennas have been substantially preempted by regulations adopted by the Federal Communications Commission on February 29, 1996. Essentially, all local zoning regulations of satellite dish antennas up to one meter in diameter in residential zones and up to two meters in diameter in commercial and industrial zones have been preempted.
§ 370-92 Trash storage areas.
There shall be constructed and located in the rear of all nonresidential structures a fully screened trash storage area five feet in height and of such other dimensions as will be adequate under the particular circumstances to properly store the trash and waste resulting from the respective use.
§ 370-93 Outdoor storage.
[Amended 6-15-1993 by Ord. No. 1993-5; 9-28-2010 by Ord. No. 2010-6]
The outdoor storage, whether permanent or temporary, of any material, products, equipment or components thereof on any land utilized for commercial use or zoned hereunder for the use is prohibited, except:
A.
For the new retail seasonal products which are exhibited for immediate sale on the premises of a currently operating commercial venture, which products may be displayed on that portion of the premises immediately adjacent to the commercial building.
B.
One noncombustible storage unit for the storage of materials, products or supplies is permitted upon the property of commercial motor vehicle service and gasoline stations only, as defined in § 370-3 of this chapter, and subject to the following conditions:
(1)
The noncombustible storage unit is limited to a maximum size of eight feet in height by eight feet in width by 16 feet in length.
(2)
The noncombustible storage unit shall not be installed in a location that obstructs the view of pedestrians or motor vehicles, nor shall it be installed in a location that obstructs or prevents vehicles from parking.
(3)
The noncombustible storage unit shall be located in the rear of the commercial motor vehicle service or gasoline station's premises only.
(4)
No food, flammable or combustible materials or products may be stored in the noncombustible storage units.
(5)
A noncombustible storage unit shall not be installed upon any public right-of-way area, such as a grass strip, sidewalk, or any street or roadway.
C.
Enforcement. The Department of Inspections shall enforce the provisions of this section. A written notice of violation shall be served upon the owner, occupant, agent, firm or corporation. This notice may be posted upon the property. The owner, occupant, agent, firm or corporation shall comply with the provisions of this section within five days.
D.
Penalty. Failure to comply with the provisions of this section after notification by the Department of Inspections will result in the issuance of a summons for each subsection of this section that is in violation. The minimum penalty for violating this section will result in a minimum fine of $100 up to a maximum of $1,000.
E.
Establishment of permit fee. A permit fee is hereby established as follows: An annual permit shall be applied for in written application form as supplied by the Department of Inspections. The permit fee shall be $100, payable to the Department of Inspections. The permit will be posted on the storage unit so it is easily visible for inspections.