This chapter is enacted for the following purposes:

A.

To promote the health, safety, morals and general welfare of the inhabitants of the City of Woodbury.

B.

To secure safety from fire, flood, panic and other natural and man-made disasters.

C.

To provide adequate light, air and open space.

D.

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment.

E.

To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private.

F.

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

G.

To promote a desirable visual environment through creative development techniques and good civic design and arrangements.

H.

To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.

(Amended 12-26-1978 by Ord. No. 1337-78)

The purposes noted above and elsewhere in this chapter shall be for the general objectives of:

A.

Enhancing neighborhoods and overall community.

B.

Providing adequate access and off-street parking and loading facilities for employees and visitors.

C.

Providing fencing and/or landscaping where reasonably necessary for safety and/or screening purposes.

D.

Preventing uses which may tend to endanger life or property or create hazards from fire, explosion or radiation or produce objectionable smoke, heat, glare, vibration or noise, whether or not any such hazards are confined to the property shown on the development plan.

E.

Requiring that all raw materials, fuel, goods in process, finished goods, machinery and equipment shall be appropriately housed and/or screened.

F.

Prohibiting the emission of noxious, toxic or corrosive fuel, gases or odors or the exhaust of waste or dust or other substances into the air.

G.

Providing off-street parking and loading areas appropriately designed to minimize traffic circulation problems. Off-street loading spaces shall be located so that no vehicle waiting to be loaded or unloaded, maneuvering into a space or parked in a space shall interfere with any parking space, sidewalk, street, fire lane, driveway, aisle or other loading space or sight triangle.

H.

In the event a particular development is to be constructed in stages or sections, a development plan for each particular stage or section shall be required for the issuance of each building permit.

(Added 12-14-2009 by Ord. No. 2110-09)

From and after the effective date of this chapter, the use of all land and every building or portion of a building erected, altered with respect to height and area, added to or relocated, and every use within a building or use accessory thereto in the City of Woodbury shall be in conformity with the provisions of this chapter. Any lawfully existing building or structure and any lawfully existing use of building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued or changed subject to the special regulations herein provided with respect to nonconforming buildings and uses.

(Amended 12-26-1978 by Ord. No. 1337-78)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

A.

Word usage. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged, designed or intended to be used." The word "building" shall include the word "structure." The present tense shall include the future tense.

B.

Terms defined. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated below. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, c. 291 (N.J.S.A. 40:55D), if defined by that statute. In the event of a conflict between a definition in this chapter and that contained in the statute, the definition in said statute shall apply under and in accordance with the usual rules of statutory construction.

Accessory building means a building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.

Accessory use means a use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.

Administrative officer means the Zoning Officer of the City of Woodbury or other person so designated by the City Council of the City of Woodbury.

Advertising sign means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the property on which the sign is located. An advertising sign shall include a commercial billboard.

Apartment building means a multiple dwelling or a group of multiple dwellings, which multiple dwelling is held and designed to be held in single and separate ownership, on which common yards and other common facilities and services may be provided, and which has been authorized in accordance with the provisions of this chapter.

Bed-and-breakfast means a residential use in a single-family dwelling for the provision of overnight accommodations, including a morning meal, to transients for compensation. [See Subsection 202-10A.(9)(f)9 in this chapter for additional limitations on the use of a bed-and-breakfast.]

Boardinghouse. "Boardinghouse" has the meaning set forth in N.J.S.A. 55:13B-3 as may be amended from time to time.

Buffer means a landscaped area designed to functionally separate and visually screen the elements and uses of land which abut it, including streets, and to ease the transition between them. Buffers may also function to reduce noise, glare and other nuisances.

Building means:

(1)

Detached. A building which has no party wall.

(2)

Semidetached. A building which has only one party wall in common with an adjacent building.

(3)

Attached. A building which has two party walls in common with adjacent buildings.

Building area means the aggregate of the maximum horizontal cross-sectional areas, excluding cornices, eaves and gutters, of all buildings on a lot.

Building frontage means that portion of the outer wall of any building which faces a public street.

Building line means the line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.

Business sign means a sign which directs attention to a business, profession, industry or similar activity conducted upon the property on which the sign is located.

Cannabis establishment means a cannabis supplier or cannabis retailer. P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act"), establishes six marketplace classes of licensed businesses, including:

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

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

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

• Class 4 cannabis distributer license, for businesses involved in transporting cannabis plants in bulk from on licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another;

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

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

Cannabis retailer means a State-regulated cannabis retailer, medical cannabis alternative treatment center, or clinical registrant, which shall possess prior to commencing operations one of the classes of permit or permit endorsement issued by the State of New Jersey that authorizes the dispensation, sale, or distribution of cannabis or cannabis-derived or infused products and/or related clinical research, provided that such facility shall not cultivate, manufacture, process, or wholesale cannabis or cannabis products from such facility.

Cannabis supplier means a State-regulated cannabis grower, also referred to as a cannabis cultivation facility; a cannabis processor, also referred to as a cannabis product manufacturing facility; a medical cannabis alternative treatment center; or a clinical registrant, all of which shall possess prior to commencing operations one of the classes of permit or permit endorsement issued by the State of New Jersey that authorizes such cannabis establishment to cultivate, manufacture, process, wholesale, and/or study or research cannabis or cannabis-derived or infused products, provided that such facility shall not dispense, sell, or distribute cannabis or cannabis products from such facility.

Central business district means that portion of the C-1 Zoning District which is centered on Broad Street and that is located between Hunter Street and the intersections of Penn Street, Salem Avenue and Carpenter Street. The Central Business District will also include all land located along intersecting streets, to the extend that they are also located within the C-1 District.

Commercial message means any sign wording, logo, figure, symbol, color, illumination, fixture, projection or other representation that, directly or indirectly, names, advertises or calls attention to a business product, service or other commercial activity.

Conditional use means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such, as contained in this chapter, and upon issuance of a conditional use permit by the Planning Board.

Cooperative sober living residence means a recovery home that is a rooming or boardinghouse that has been issued an "F" License by the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq. A recovery home that does not hold an "F" License is a boardinghouse or rooming house.

Court means an open, unoccupied space, other than a yard, on the same lot with a building. Where courts are provided, they shall conform to the requirements of the City of Woodbury Building Code.

Critical areas means areas which have a ground slope in excess of 15 percent; areas which are subject to flooding from a flood having a one-percent chance of being equaled or exceeded in any given year; areas identified as wetlands and wetland buffers. No building or structure, nor filing or excavating other than that related to the construction of roadways, shall be permitted in areas that are defined as "critical areas." No attempt shall be made to alter the existing condition of these critical areas.

Direction signs means signs limited to directional messages and that do not contain a commercial message, principally for directing pedestrian and vehicular traffic, such as "one-way," "entrance" and "exit."

Dwelling means:

(1)

Single-family means a building on a lot designed and occupied exclusively as a residence for one family.

(2)

Two-family means a building on a lot designed and occupied exclusively as a residence for two families.

(3)

Multiple means a building on a lot designed and occupied exclusively as a residence for three or more families.

Dwelling unit means one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

Electric substation means an assemblage of equipment, for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public; provided that in residence districts an electric substation shall not include rotating equipment, except as is incidental to the operation of the substation as such, the storage of materials, trucks or repair facilities or the housing of repair crews.

Family means one or more individuals occupying a dwelling unit and living as a single household unit.

Habitable floor space means the enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding stairways, outside balconies, basement storage areas, communicating corridors and common foyers.

Height of building means a building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections of the building shall not be included in calculating the height.

Hotel means a facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms and recreation facilities. See "Motel."

Impervious surface means any material which prevents the absorption of stormwater and reduces the percolation rate of previously undeveloped land to less than one inch in 120 minutes.

Internal street means a private roadway within an apartment site. A driveway shall not be considered an internal street.

Laundromat or laundry means an establishment providing washing, drying and/or dry-cleaning machines on the premises for self-service rental use to the general public. An establishment that may also provide for cleaning and pressing services; pickup stations. No chemicals shall be stored or utilized on the premises which cannot be purchased at a typical supermarket.

Livestock means animals typically raised for use and sale, including, but not limited to, swine, pigs, hogs, chickens and sheep.

Lot means a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A lot must have an improved street frontage for new construction.

Lot, corner means a lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. For the purposes of this chapter, a corner lot shall be considered to have two front yards, one side yard and one rear yard.

Lot coverage means that portion of the lot that is covered by buildings and structures.

Lot frontage means the length of a front lot line as measured at the existing or proposed street right-of-way line.

Motel means an establishment providing transient accommodations, containing six or more rooms, with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building, and which may contain restaurants, meeting rooms and recreation facilities. See "Hotel."

Nameplate sign means a sign indicating only the name, occupation and/or address of persons or person residing on or legally occupying the premises.

Non-oxford house model recovery home means s recovery home that does not operate using the Oxford House model and does not operate as a single housekeeping unit. Examples of activities that indicate the house is a non-Oxford House model may include, but are not limited to: residents enter into individual leases with the owner or operator of the home for the occupancy of their room and the common area; there is a limited number of staff on site who will enforce rules, oversee the taking of medication, and perform random drug screening; residents are required to attend AA/NA meetings; residents are required to attend mandatory house meetings; residents are prohibited from sleeping outside the house; staff enforces a curfew; or guests are prohibited.

Oxford house model recovery home means a recovery home in which the residents are self-governing, all residents contribute to the maintenance and expenses of the house, the residents determine who can reside in the house, there is no limit to how long an individual can reside in the house, there is no addiction treatment, therapy, or paid staff provided, the house operates as a single housekeeping unit, and the house is not required to be licensed by the New Jersey Department of Community Affairs.

Parking space means a space in a structure or on a lot which meets the size and other requirements of this chapter, is reserved for the parking of a motor vehicle and has direct access from a street.

Parking structure means a structure of more than one level designated for the storage of vehicles. Parking structure shall include the terms "parking garage" and "parking deck."

Private garage means an accessory building used for the storage of motor vehicles.

Public garage means a building, not a private garage or service station, used primarily for the storage and/or repairs of motor vehicles of any type of ownership.

Recovery home means a residential environment that provides people in recovery a safe alcohol- and drug-free place to live as they transition back into the community.

Restaurant means an establishment where food and drink are prepared, served and primarily consumed within the principal building or structure.

Restaurant, drive-in or walk-up means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

Retail sales means establishments engaged in selling goods or merchandise to the general public for personal or household consumption, which render services incidental to the sale of such goods, and are engaged in activity designed to attract the general public to purchase such goods or merchandise.

Retail services means establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, insurance, real estate, personal services, motion pictures, amusement and recreation establishments, health, education and social services, museums, galleries and similar uses.

Rooming house means a rooming house has the meaning set forth in N.J.S.A. 55:13B-3, as may be amended from time to time.

Searchlight means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move or that creates an illusion of such rotation or movement.

Self-service storage facility means a structure containing separate storage units of varying sizes, leased or rented individually, typically marketed for household use.

Service area means an indoor area where motor vehicles are repaired or maintained, but not to include motor vehicle fuel dispensing areas.

Shopping center means a group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

Sidewalk means that area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building housing the eating establishment.

Sidewalk cafe means any eating establishment where food and other refreshments are served upon the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe, cafeteria or place of business where food and/or other refreshments are served, or where permitted on private properly pursuant to this chapter.

Sidewalk, sandwich board or A-frame sign means a movable sign which is not secured or attached permanently to the ground.

Sign means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, logos, fixtures, colors, illumination or projection of images.

Sign, animated or moving means any sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.

Sign area means the surface display area of a sign determined by a computation as otherwise provided for in this chapter.

Sign, changeable-copy means a sign that is designed so that the message on the sign can be easily and periodically altered and whose message does not change more than once a day.

Sign, directional means signs limited to directional messages and that do not contain a commercial message, principally for directing pedestrian and vehicular traffic, such as "one-way," "entrance," and "exit."

Sign, directory means a sign that lists the tenants in a multiuse building or indicates the location of buildings and uses in a business or industrial complex.

Sign, election means a temporary sign that relates to a particular election for public office, referendum or other plebiscite at the federal, state or local level.

Sign, facade means a sign fastened to or painted on the facade of a building or structure in such manner that the facade becomes the supporting structure for or forms the background surface of the sign and which does not project more than 12 inches from such building or structure.

Sign, freestanding means any sign supported by permanent structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure.

Sign, incidental means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "No Parking," "Loading Zone," "Telephone" or "Rest Room" or other similar directives, such as the hours of operation of the establishment.

Sign, off-premises means a sign containing a commercial message which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the property on which the sign is located.

Sign, portable means any sign not permanently attached to the ground or other permanent structure; or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T frames; and menu and sandwich board signs.

Sign, real estate means a sign pertaining to the sale or lease of a property or portion thereof on which the sign is located.

Sign, residential means a sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located.

Sign, roof means a sign that is mounted on the roof of a building or which is wholly dependent upon a building's roof for support and which projects above the parapet of a building with a flat roof, the cornice line of a building with a gambrel, gable or hip roof or the upper slope line of a building with a mansard roof.

Sign, temporary means a sign not permanently affixed to a building or structure, or to the ground, intended for display for a period of time not exceeding two months.

Sign, vehicle means a sign affixed or painted on a vehicle or trailer and parked at a specific location and visible from a public right-of-way for a period in excess of 96 hours, unless such vehicle is used in the normal day-to-day operation of the business.

Sign, window means a sign that is applied or attached to the interior or exterior of a window or located in such a manner within a building that it is legible from the lot line which contains said sign.

Single and separate ownership means the ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.

Street means a public street, road or highway which is legally open or officially plotted by the City of Woodbury, or a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way.

Street line means the dividing line between a lot and a street.

Swimming pool means any constructed pool used for swimming or bathing which has a depth in any part of 24 inches or more. A residential swimming pool is any swimming pool which is constructed on the same lot as and used in conjunction with a dwelling and which is available only to the occupants of the dwelling and their private guests.

Telephone central office means a building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radiotelephone messages between subscribers and for other business of the telephone company, provided that in residence districts a telephone central office shall not include public business facilities, the storage of materials, trucks or repair facilities or the housing of repair crews.

Tourist home means an establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee.

Trailer camp means a lot or premises used for occupancy by two or more trailers or any other vehicle used for living or sleeping purposes.

Trailer, vehicle, mobile or transportable sign means a sign which is affixed to, painted on or part of a trailer or similar mobile or movable device on wheels or transportable from one location to another for the display of a business or advertising sign, whether lighted or not.

Wholesale trade means establishments or places of business primarily engaged in selling merchandise to retailers or to industrial, commercial, institutional or professional business users or to other wholesalers; or, acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies.

Yards means:

(1)

Front. The required open space extending along the street line throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.

(2)

Side. The required open space extending along the sideline of the lot from the front yard to the rear yard, exclusive of overhanging eaves, gutters, cornices and steps.

(3)

Rear. The required open space extending along the rear line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.

(Amended 12-26-1978 by Ord. No. 1337-78; 2-11-1986 by Ord. No. 1494-86; 6-27-1989 by Ord. No. 1592-89; 6-12-1990 by Ord. No. 1619-90; 10-2-1990 by Ord. No. 1633-90; 3-19-1991 by Ord. No. 1646-91; 8-31-1993 by Ord. No. 1713-93; 2-1-1994 by Ord. No. 1730-94; 2-28-1995 by Ord. No. 1758-95; 11-14-2002 by Ord. No. 1950-02; 11-28-2005 by Ord. No. 2015-05; 12-14-2009 by Ord. No. 2110-09; 7-9-2019 by Ord. No. 2309-19; 8-11-2021 by Ord. No. 2342-21)