R-90 Residence Districts
In R-90 Residence Districts the regulations of this article shall apply.
A.
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(1)
Single-family detached dwelling.
(2)
Public, parochial or private nonprofit day schools of elementary or high school grades accredited by the State Department of Education.
(3)
Church, church school or other place of worship.
(4)
Municipal building and municipal use.
(5)
Noncommercial park, playground or recreational area.
(6)
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.
(7)
Passenger station, railway or bus.
(8)
Telephone central office, utility line, electric substation.
(9)
Oxford model recovery homes.
(10)
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:
(a)
Convalescent or nursing home.
(b)
Cemetery, provided that the lot area for such use shall be not less than two acres.
(c)
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.
(d)
Religious or philanthropic use other than a church, church school or other place of worship, excluding correctional or penal institution or related institution.
(e)
Bed-and-breakfast, provided that the following conditions are met:
1.
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.
2.
The use shall meet the review standards of Section 202-81 and shall also be reviewed as a minor site plan.
3.
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.
4.
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.
5.
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.
6.
The proprietor of the use shall reside in the dwelling.
7.
A bed-and-breakfast may have up to six guest rooms accommodating up to 15 persons.
8.
The guests at the bed-and-breakfast may not reside at the site for more than 14 consecutive days at any one time.
9.
Bed-and-breakfast uses are not to be used as rooming 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.
10.
There shall be no separate kitchen or cooking facilities in any guest room.
11.
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.
12.
For each room, a minimum of one off-street parking space, in addition to those required for the dwelling unit, shall be provided; and
a.
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.
b.
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.
c.
Parking in the front yard shall be in accordance with Subsection 202-74.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.
13.
All bed-and-breakfast uses 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.
14.
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.
15.
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.
16.
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.
(11)
A rooming house or boardinghouse is a conditional use permitted as a reasonable accommodation for persons with disabilities and exempted from Section 202-10A(10) if and only if it meets the following specified conditions:
(a)
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.
(12)
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 and shall not include a business, but shall include:
(a)
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 a 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.
(b)
Rooms for home occupations engaged in by persons of the immediate family within their own dwelling, provided that no goods shall be publicly displayed on the premises.
(c)
Private garage.
(d)
Residential swimming pool, if constructed and used pursuant to Chapter 174, Swimming Pools, Private.
(13)
Signs, when erected and maintained in accordance with the provisions of Article XV of this chapter.
(Amended 12-26-1978 by Ord. No. 1337-78; 8-17-1982 by Ord. No. 1423-82; 9-19-1989 by Ord. No. 1600-89; 11-7-1994 by Ord. No. 1749-94; 12-2-1997 by Ord. No. 1838-97; 8-25-1998 by Ord. No. 1858-98; 12-14-2009 by Ord. No. 2110-09; 7-9-2019 by Ord. No. 2309-19)
A.
Lot area and width. A lot area of not less than 15,000 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 100 feet at the building line.
B.
Building area. Not more than 25 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 25 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 20 feet in aggregate width and neither of which shall be less than eight 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 12 feet in width.
E.
Rear yard. There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.
(Amended 8-24-1999 by Ord. No. 1879-99; 12-14-2009 by Ord. No. 2110-09)
A.
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.
B.
No detached garage shall exceed 18 feet in height for pitched roofs or 12 feet in height for flat roofs.
(Amended 12-27-2006 by Ord. No. 2045-06)
R-90 Residence Districts
In R-90 Residence Districts the regulations of this article shall apply.
A.
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
(1)
Single-family detached dwelling.
(2)
Public, parochial or private nonprofit day schools of elementary or high school grades accredited by the State Department of Education.
(3)
Church, church school or other place of worship.
(4)
Municipal building and municipal use.
(5)
Noncommercial park, playground or recreational area.
(6)
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.
(7)
Passenger station, railway or bus.
(8)
Telephone central office, utility line, electric substation.
(9)
Oxford model recovery homes.
(10)
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:
(a)
Convalescent or nursing home.
(b)
Cemetery, provided that the lot area for such use shall be not less than two acres.
(c)
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.
(d)
Religious or philanthropic use other than a church, church school or other place of worship, excluding correctional or penal institution or related institution.
(e)
Bed-and-breakfast, provided that the following conditions are met:
1.
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.
2.
The use shall meet the review standards of Section 202-81 and shall also be reviewed as a minor site plan.
3.
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.
4.
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.
5.
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.
6.
The proprietor of the use shall reside in the dwelling.
7.
A bed-and-breakfast may have up to six guest rooms accommodating up to 15 persons.
8.
The guests at the bed-and-breakfast may not reside at the site for more than 14 consecutive days at any one time.
9.
Bed-and-breakfast uses are not to be used as rooming 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.
10.
There shall be no separate kitchen or cooking facilities in any guest room.
11.
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.
12.
For each room, a minimum of one off-street parking space, in addition to those required for the dwelling unit, shall be provided; and
a.
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.
b.
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.
c.
Parking in the front yard shall be in accordance with Subsection 202-74.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.
13.
All bed-and-breakfast uses 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.
14.
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.
15.
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.
16.
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.
(11)
A rooming house or boardinghouse is a conditional use permitted as a reasonable accommodation for persons with disabilities and exempted from Section 202-10A(10) if and only if it meets the following specified conditions:
(a)
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.
(12)
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 and shall not include a business, but shall include:
(a)
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 a 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.
(b)
Rooms for home occupations engaged in by persons of the immediate family within their own dwelling, provided that no goods shall be publicly displayed on the premises.
(c)
Private garage.
(d)
Residential swimming pool, if constructed and used pursuant to Chapter 174, Swimming Pools, Private.
(13)
Signs, when erected and maintained in accordance with the provisions of Article XV of this chapter.
(Amended 12-26-1978 by Ord. No. 1337-78; 8-17-1982 by Ord. No. 1423-82; 9-19-1989 by Ord. No. 1600-89; 11-7-1994 by Ord. No. 1749-94; 12-2-1997 by Ord. No. 1838-97; 8-25-1998 by Ord. No. 1858-98; 12-14-2009 by Ord. No. 2110-09; 7-9-2019 by Ord. No. 2309-19)
A.
Lot area and width. A lot area of not less than 15,000 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 100 feet at the building line.
B.
Building area. Not more than 25 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 25 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 20 feet in aggregate width and neither of which shall be less than eight 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 12 feet in width.
E.
Rear yard. There shall be a rear yard on each lot, which shall be not less than 25 feet in depth.
(Amended 8-24-1999 by Ord. No. 1879-99; 12-14-2009 by Ord. No. 2110-09)
A.
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.
B.
No detached garage shall exceed 18 feet in height for pitched roofs or 12 feet in height for flat roofs.
(Amended 12-27-2006 by Ord. No. 2045-06)