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Woodbury City Zoning Code

ARTICLE XX

R-100 Residence Districts9


Footnotes:
--- (9) ---

Editor's note— (Added December 14, 2009 by Ord. No. 2110-09.


§ 202-101.- Applicability of provisions.

In the R-100 Residence Districts, the regulations of this article shall apply.

§ 202-102. - Use regulations.

A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

A.

Single-family detached dwelling unit per Sections 202-103 and 202-104, including Oxford House Model recovery homes.

B.

Public, parochial or private nonprofit day schools of elementary or high school grades accredited by the State Department of Education.

C.

Church, church school or other place of worship.

D.

Municipal building and municipal use.

E.

Noncommercial park, playground or recreational area.

F.

Community residence for persons with developmental disabilities, community shelters for victims of domestic violence, community residences for persons with terminal illnesses, community residences for persons with head injuries, and adult family care homes for persons who are elderly and adults with physical disabilities.

G.

Telephone central office and utility line and electric substation.

H.

Golf courses.

I.

A Planned Village Residential development, when authorized by the Planning Board and upon a finding that adequate lot area, yards and parking space are provided and that the buildings and uses are approximately located and will meet a community need without adversely affecting the neighborhood in which it is located:

(1)

A Planned Village Residential development shall be conceived, designed, subdivided, site planned and approved by the Planning Board as a single planned development according to a comprehensive site development plan. In addition, site landscaping, building design and common area maintenance guideline control standards shall be established. The entire Planned Village Residential development shall be developed with a common architectural theme that shall be subject to review and approval by the Planning Board at the time of preliminary site plan approval. The architectural theme shall include buildings, signing, fencing, lighting, paving, curbing, landscaping and other similar and related physical features.

(2)

A Planned Village Residential development shall be permitted, provided the following conditions are met:

(a)

The minimum tract area shall be 50 acres. Streets, utility and utility rights-of-way shall not be deemed to divide acreage for the purpose of this requirement.

(b)

The maximum number of residential dwelling units shall be established through the preparation of a conforming subdivision plan utilizing the area regulations in Section 202-103.

(c)

The minimum common open space area in a Planned Village Residential development shall be 40 percent of the total tract area. A stormwater management facility shall not be included in this common open space calculation.

(d)

Area and bulk requirements in Table 1, entitled "R-100 Planned Village Residential Development."

(e)

Active recreational facilities shall be provided in a Planned Village Residential development, subject to the review and approval of the Planning Board.

(3)

Building design and use.

(a)

The treatment of side and rear walls of any building that abuts a public street or park, in terms of fenestration, building materials and colors, shall be similar to the treatment of the front facade.

(b)

All buildings shall be designed to convey a small-scale village character. Buildings shall contain the following design elements:

1.

The exteriors shall have vertical and/or horizontal offsets to create visual breaks on the exterior.

2.

A variety of building setbacks, rooflines, color schemes, elevations and heights shall be required in the development to avoid a repetitious and monotonous streetscape. The use of muted- or pastel-colored exterior building siding material is discouraged. The placement of the various single-family model types within the development shall be varied so that the same elevation is not permitted adjacent to one another, directly across the street from one another or adjacent to the house directly across the street from one another.

3.

The exteriors of all buildings in the development, including any permitted accessory buildings, shall be architecturally compatible and constructed of complementary materials. Design guidelines for future building improvements shall be prepared by the applicant to ensure the ongoing design integrity of the development.

4.

Architectural details, style, color, proportion and massing shall reflect the features of a traditional village residential neighborhood.

5.

Natural materials such as wood and masonry are recommended. High quality, man-made siding materials, such as "HardiePlank," are permitted. Stucco or similar treatment is prohibited.

6.

Pitched roofs (5:12 to 12:12) are required. Roof pitches shall be generally consistent throughout the development. Flat and mansard-type roofs are prohibited.

7.

Provide dormers, gables and windows across a building facade and other similar design features, as appropriate.

(c)

The front facades, as well as other street and public open space facing elevations of single-family and townhouse units, are dedicated to the public view and shall therefore reflect a traditional village character. Open and usable porches (minimum eight-foot depth), stoops, bay windows and/or other decorative architectural treatments are required and may encroach into building setback lines. The rear elevations of all structures shall have substantial architectural features to preclude flat and monotonous elevations. Compliance with these requirements shall be subject to review and approval by the Planning Board.

(d)

Garages shall be located to the rear of the principal building. The majority of garages shall be accessed off a rear alley. Windows are encouraged on garages to admit light and eliminate blank walls. Sufficient storage area to accommodate tools, auto accessories, trash/recyclable materials storage, lawn and garden maintenance equipment, etc., shall be provided in sizing the garage, so that an accessory storage structure will not be necessary. Individual bay overhead garage doors are required. Detached garages shall be offered as a permitted option on certain available single-family models.

(e)

All single-family units are encouraged to have clearly defined front yards using landscaping, hedging or fencing, none of which shall exceed three feet in height.

(4)

All single-family units shall have private outdoor space, which may include a deck, patio and/or terrace. Such outdoor space shall be enclosed, as appropriate, by a decorative wall fence, evergreen hedge, or combination thereof.

(5)

Site design.

(a)

Building shall be set back no greater than 25 feet from a road right-of-way, with greater setbacks allowed where special conditions warrant, subject to the approval of the Planning Board.

(b)

Larger residential lots are encouraged at street intersections, and smaller residential lots are encouraged adjacent to parks or other open spaces.

(c)

The scale and massing of buildings on any given street shall be harmonious.

(d)

Special ground texture treatment shall be required for pedestrian crossings in streets and elsewhere, as appropriate.

(e)

Landscape details such as gates, walls and benches shall be integrated into the overall design of public spaces.

(f)

All streets, alleys, sidewalks and pathways shall connect to other such facilities within and outside the village residential development, as appropriate. Dead-end streets are generally not permitted within a village residential development unless such condition is unavoidable, subject to Planning Board approval.

(6)

Neighborhood park. The applicant for a Planned Village Residential development shall provide an open space area that shall serve as the site organizing element of the development. Roadways within the development shall substantially surround such open space area. Pedestrian connections shall be provided to and through this open space area. Landscaping and any design elements shall be reflective of a traditional village residential neighborhood character. A homeowners' association shall be established by the ultimate developer to own, maintain and control any common elements of the development, as approved by the Planning Board.

(7)

Alley specifications are as follows:

(a)

Traffic flow: One way.

(b)

Parking: None.

(c)

Right-of-way: 20 feet. Where two alleys intersect each other at or near 90°, or where there are bends in an alley that approach 90°, the inside corner of the pavement shall have a radius of approximately 12 feet.

(d)

Pavement width: 12 feet.

(e)

Speed limit: Ten miles per hour.

(f)

Curbing: Along inside radii only.

(g)

Drainage: Inverted center line with inlets prior to roadway intersections.

(h)

Pedestrian crossing: Sidewalks cross alleys at grade.

(i)

Average daily traffic: Less than 200 trips a day.

(j)

Street lighting: At corners and every 200 feet.

(k)

Landscaping: Stabilized turf or crushed stone where it abuts residential lots.

(8)

Garage and parking design standards.

(a)

There shall be a minimum of two parking spaces for each single-family dwelling.

(b)

Garage parking spaces shall be reserved for parking purposes. Deeds and/or homeowners' association documents shall contain specific provisions addressing this and prohibiting the conversion of garages to living spaces.

(c)

Garages serving single-family dwellings shall be located behind the street elevation of a dwelling, and, with the expectation of corner lots, no garages shall be located to the side of a dwelling.

(d)

With the exception of single-family lots that do not back up to alleys, driveways and driveway access shall be prohibited in any front yard area.

(e)

Driveways for single-family lots that are accessed through the front yard shall be no wider than ten feet and no closer than three feet from the side property line and the side of the principal building.

(f)

The sides of single-family unit garages, where the garage is either detached or partially detached (e.g., connected to house by open breezeway or porch), shall have a minimum setback from the rear and side properly lines of four feet. All garage doors for vehicles that face an alley shall be set back a minimum of 20 feet from the edge of the alley.

(g)

Garages on corner lots are permitted direct access to a side street, provided the garage is set back a minimum of 20 feet from the right-of-way.

J.

The following uses, when authorized as a conditional use by the Planning Board in accordance with the standards of Section 202-81 hereof and upon a finding that adequate lot area, yards and parking space are provided and that the buildings and uses are appropriately located and will meet a community need without adversely affecting the neighborhood in which located.

(1)

Convalescent or nursing home.

(2)

Cemetery, provided that the lot area for such use shall be not less than two acres.

(3)

Club or lodge organized for fraternal or social purposes, provided that the chief activity shall not be one which is customarily carried on as a business, and provided that the buildings and services shall be for the use of members and their guests only.

(4)

Religious or philanthropic use other than a church, church school or other place of worship, excluding correctional or penal institution or related institution.

(5)

Community residence for victims of domestic violence and community residences for persons with head injuries which house more than six such persons, but not more than 15 persons, excluding resident staff; provided, however, that no such residence or shelter shall be located within 1,500 feet of an existing such residence or shelter or would result in the total number of such persons residing within the City of Woodbury as of the last census by the Bureau of the Census, United States Department of Commerce, whichever is the greater, and subject to the site plan review requirements of Subsection 170-6.A of the Woodbury City Code.

(6)

Bed-and-breakfast, provided that the following conditions are met:

(a)

The subject must be located within the Historic Preservation District. Each application shall be reviewed by the Historic Preservation Commission in accordance with Section 25-9 of this Code.

(b)

The use shall meet the review standards of Section 202-81 and shall also be reviewed as a minor site plan.

(c)

Schematic floor plans of the entire dwelling shall be submitted and clearly indicate guest rooms, owner/proprietor residence areas, common areas, bathrooms, exterior doors and any proposed renovations to the interior or exterior. At least 300 square feet of common area for the exclusive use of the guests, including but not limited to parlors, dining rooms, libraries and solariums, shall be provided.

(d)

An application shall be accompanied by a report from a licensed architect or the Construction Official indicating a preliminary listing of the building and fire code improvements to the structure needed to accommodate the proposed facility, e.g., fire suppression, fire escapes, means of egress, etc.

(e)

Changes to the exterior features of a site, as defined in Section 202-35 of this chapter, are permitted only after a review and recommendation by the Historic Preservation Commission or are required in accordance with building and housing regulations, e.g., fire escapes.

(f)

The proprietor of the use shall reside in the dwelling.

(g)

A bed-and-breakfast may have up to six guest rooms accommodating up to 15 persons.

(h)

The guests at the bed-and-breakfast may not reside at the site for more than 14 consecutive days at any one time.

(i)

Bed-and-breakfast uses are not to be used as rooming houses or boardinghouses, as defined by this chapter or the State of New Jersey at N.J.S.A. 55:13B-3, which are primarily for temporary or full-time residents of the City or area who are utilizing the facility as a residence in lieu of establishing a full housekeeping arrangement, e.g., an apartment or other owned, rented or leased place of residence. Examples of bed-and-breakfast guests include tourists, visiting family or friends of nearby residents, family or friends of individuals using nearby medical facilities, persons enrolled in short-term educational courses or professional development courses and employees on temporary assignments to the area. For the most part, guests at a bed-and-breakfast must have a permanent residence elsewhere. Students enrolled in high schools, colleges or other educational institutions for one or more full semesters may not use a bed-and-breakfast for student housing, but may use a facility within the parameters of a typical guest stay.

(j)

There shall be no separate kitchen or cooking facilities in any guest room.

(k)

Meals and any other amenities shall be for the benefit of guests only; no walk-in trade for food or other services shall be permitted.

(l)

For each room, a minimum of one off-street parking space, in addition to those required for the dwelling unit, shall be provided; and:

1.

The design standards for parking facilities in Article XIV shall not apply. The area devoted to parking one vehicle shall be no smaller than eight feet by 16 feet.

2.

The visual impact of the parking for the use should be similar to that found at any home with a large number of resident or visitor vehicles. Plans for front yard parking for more than six cars shall include additional landscaping to buffer the vehicles, but not intended to screen the front yard from view.

3.

Parking in the front yard shall be in accordance with Subsection 202-7.4.D, except that additional drive and parking area can be provided as long as the portion of the total area of the front yard devoted to parking shall not exceed 25 percent. Any proposed parking lot outside of the front yard shall be screened from adjacent properties by trees, shrubs or fencing at least six feet in height.

(m)

All bed-and-breakfast use shall be subject to the State of New Jersey Uniform Construction Code and Uniform Fire Safety Act. No such use may begin until it is registered with the Bureau of Housing Inspection of the Division of Housing and Development of the New Jersey Department of Community Affairs.

(n)

All bed-and-breakfast uses shall be subject to the housing standards of the City of Woodbury (Chapter 106 of this Code), except for any requirements for inspections following a change in occupancy.

(o)

Prior to providing food service, a food retail license shall be obtained from the City of Woodbury, and the use shall meet all other applicable City, county and state license and inspection requirements regarding food.

(p)

Only one sign no larger than two square feet, either freestanding or wall mounted, may be provided and shall meet the standards of Section 102-88, unless otherwise provided herewith. The message area of a freestanding sign may not be higher than six feet above existing grade. Internal lighting and the use of exposed neon lighting for the sign is prohibited. The sign shall be reviewed by the Historic Preservation Commission.

K.

A rooming house or boardinghouse is a conditional use permitted as a reasonable accommodation for persons with disabilities and exempted from Subsection 202-10.A(10) if and only if meets the following specified conditions: it is a cooperative sober living residence and: 1, the owner obtains a Class F license to operate a cooperative sober living residence from the New Jersey Department of Community Affairs pursuant to N.J.A.C. 5:27-1.1 et seq.; and 2, it is located no closer than 528 feet from the lot on which any other non-Oxford House Model recovery home is located as measured from the lot lines of the lot on which the subject structure is located to the lot lines on which any other structure is located. All other rooming houses and boardinghouses are prohibited.

L.

Accessory use on the same lot with and customarily incidental to any of the foregoing permitted uses. The term "accessory use" shall not include a boardinghouse or rooming house but shall include the renting of not more than two rooms to roomers and shall not include a business but shall include:

(1)

Professional office of a member of a recognized profession, including such professions as a physician, dentist, architect or attorney, but not including a beautician, barber, or real estate broker. There shall not be more than one such professional office in any one dwelling, and it shall be located in the dwelling in which the practitioner resides or in a building accessory thereto. Such use shall not include more than three employees essential to the operation of the professional office, such as nurse, secretary, technician or clerk, who are not members of the household. Such use shall not include a medical clinic, office building or other use which would in fact become a business or the primary use of the building.

(2)

Rooms for home occupations engaged in by a person of the immediate family within their own dwelling, provided that no goods shall be publicly displayed on the premises.

(3)

Private garage.

(4)

Residential swimming pool, if constructed and used pursuant to Chapter 174, Swimming Pools, Private.

M.

Signs, when erected and maintained in accordance with the provisions of Article XV of this chapter.

(Amended 7-9-2019 by Ord. No. 2309-19)

Editor's note— Table 1 is on file in the City's offices.

State Law reference— Similar provisions, N.J.A.C. 5:23-1.1 et seq.; and N.J.S.A. 52:27D-198 et seq., respectively.

§ 202-103. - Area regulations.

A.

Lot area and width. A lot area of not less than 30,000 square feet per lot shall be provided for every building hereafter erected or used, in whole or in part, as a dwelling. Each lot shall have a width of not less than 125 feet at the building line.

B.

Building area. Not more than 20 percent of the area of each lot may be occupied by buildings.

C.

Front yard. There shall be a front yard on each street on which a lot abuts, which shall be not less than 50 feet in depth, provided that the front yard on the long side of a corner lot may be reduced to a depth of not less than 35 feet, subject to the provisions of Section 202-78 hereof.

D.

Side yards.

(1)

For every dwelling there shall be two side yards on each lot, which shall be not less than 50 feet in aggregate width and neither of which shall be less than 30 feet in width.

(2)

For every main building other than a dwelling there shall be two side yards on each lot, neither of which shall be less than 40 feet in width.

E.

Rear yard. There shall be a rear yard on each lot, which shall be not less than 35 feet in depth.

§ 202-104. - Height regulations.

No building shall exceed 35 feet in height, provided that such height limit may be exceeded by one foot for each foot by which the width of each side yard is increased beyond the minimum side yard requirements, up to a maximum height of 50 feet.