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ORDINANCE 1960-25675,5 ORDINANCE NO. 256 AN ORDINANCE LIMITING AND RESTRICTING TO SPECIFIED DISTRICTS AND REGULATING THEREIN BUILDINGS AND STRUCTURES ACCORDING TO THEIR CONSTRUCTION, AND THE NATURE AND EXTENT OF THEIR USE AND THE NATURE AND EXTENT OF-THE USES OF LAND, AND REGULATING AND RESTRICTING THE HEIGHT, NUMBER OF STORIES, SIZES OF BUILD- INGS AND OTHER STRUCTURES, THE PERCENTAGE OF LOTS THAT MAY BE OCCUPIED, THE SIZES OF YARDS, COURTS AND OTHER OPEN SPACES, AND THE LOCATIONS AND USE AND EXTENT OF USE OF BUILDINGS AND STRUCTURES AND LAND FOR TRADE, INDUSTRY, RESI- DENCE OR OTHER PURPOSES: AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE, AND FIXING PENALTIES FOR THE VIOLATION THEREOF. The Board of Commissioners of the Township of Delaware in the County of Camden DO ORDAIN: ARTICLE I SHORT TITLE, PURPOSE AND INTERPRETATION Section 101 Short Title. This ordinance shall be known and may be cite "The Delaware Township Zoning Ordinance of 1960". Section 102 Purposes. To encourage the most appropriate use of and t roughout the Township and to conserve the value of property,; to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health, morals and the general welfare; to provide adequate light and air; to prevent the overcrowding of land and buildings; to avoid undue concentration of population; and to that end to regulate the height, design, appearance, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, and other open spaces; the density of population, and the lo- cation and use of buildings, structures and land for trade, industry, residence or other purposes; and the height, size and location of these uses within the limits of the Township, these regula- tions are hereby established and shall hereafter apply. Section 103 Interpretation. In interpreting and applying the prof s of ns of this Ordinance, they shall be held to be minimum requirements unless otherwise stated. Any restrictions or requirements with respect to buildings or land or both which appear in other Ordinances of Delaware Township or are established by law and which are greater than those set forth herein shall take precedence over those herein; otherwise, the provisigns of this Ordinance shall apply. ARTICLE II DEFINITIONS A LISTING OF DEFINITIONS, the purpose of which is to simplify ordinance wording, give meaning to technical terms and to eliminate ambiguity may be found in Appendix A of this Ordinance and is hereby declared to be a part of.this ordinance. 756 ARTICLE III SCHEDULE The schedule of regulations entitled "Schedule of Area, Yard and Building Requirements appearing on the Zoning Map made a part hereof, applying to the uses of land and buildings, the yard and other open spaces to be provided contigious thereto, and all other matters contained therein, as indicated for the various zones established by this Ordinance, is hereby declared to be a part of this Ordinance. The regulations listed for each zone as designated, reading from left to right across the Schedule, are hereby prescribed for such zones, subject to the other provisions in this Ordinance and shall be deemed to be the minimum requirements in every instance of their application, unless otherwise stated. ARTICLE IV ESTABLISHMENT OF ZONES Section 401 List of Zones. The territory of the Township of Delaware is Tiereby divided into the following zones; R -A Residential- Agricultural R -1 Residential R -1 -A Residential R -2 Residential R -3 Residential B -1 Neighborhood Business B -2 Highway Business B -3 Shopping Center I -R Restricted Industrial Section 402 Zoning Map. The aforesaid zones are hereby estab- lished by the designations, locations and boundaries thereof set forth and indicated on the Zoning Map on file and to remain on file in the office of the Township Clerk prepared for the Delaware Township Planning Board by Community Planning Associates, Inc., West Trenton, New Jersey. Said map shall be known as the "Zoning Map of the Township of Delaware in the County of Camden 1960", and is hereby de- clared to be a part of this Ordinance. Section 403 Zone Boundaries. Where uncertainty exists as to any of said oundaries as shown on said map, the following rules shall apply: I. Zone boundary lines are intended to follow the center line of the streets, railroad rights -of -way, streams, and lot or property lines as they exist on plats of record at the time of the passage of this Ordinance unless such zone boundary lines are fixed by dimensions shown on the Zoning Map. 2. Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than ten (10) feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise. 3. In unsubdivided land and where a zone boundary divides a lot, the location of such boundary unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon. 757 ARTICLE V GENERAL REGULATIONS Section 501 No building shall hereafter be erected, nor shall any existing building be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be designed or used for any purpose other than those included among the uses listed as permitted uses in each zone by this Ordinance and meeting the re- quirements set forth by the schedule appended hereto and constituting a part of Article III of this Ordinance. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off - street parking space, and such other regulations designated in said Schedule and this Ordinance for the zone in which such building or space is located. In the event of any such unlawful en- croachment or reduction, such building shall be deemed to be in violation of the provisions of this Ordinance. Section 502 Every principle building shall be built upon a lot with frontage upon a public street improved to meet Township standards. Section 503 Section 504 S ec tion 505 Sect ion 506 Off- street parking space shall be provided as specified in this Ordinance and shall be provided with necessary passage -ways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be en- croached upon or reduced in any manner. Such parking area shall be surfaced and shall be ade- quately drained, subject to the approval of the Township Engineer. All parking area designed to store thirty (30) or more vehicles, shall be screened from adjacent areas zoned for residential use; and from other areas when prescribed by the Planning Board, by a landscaped "Buffer Strip ". No soil, mineral, or similar material may be removed from any lot except that which is purely incidental to the construction of a building or structure. No excavation on any lot is permitted, exceeding one (1) foot in depth, unless a building permit is first secured. In case of major subdivisions that have received final plat approval by the Planning Board, site grading, but not including excavations for con- struction purposes, may be initiated prior to obtain- ing a building permit. An accessory building attached to the main building shall comply in all respects with the requirements: of this Ordinance applicable to the to the main building. Corner lots in residential zones shall have a set- 4 back line on one street as shown in the "Schedule of Area, Yard and Building Requirements ", and on the other set -back line of no less than twenty -five rr (25) feet. Such set -back line shall be measured at right angles from the street to the portion of p, the building nearest the street. No dwellingw structure may project beyond the average front wall line of any existing buildings within one hundred (100) feet on either side except that the Zoning Board of Adjustment may grant special variances from time to time in order to permit attractive and planned staggering. 758 Section 507 No yard or other open space provided about any buildings for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot. Section 508 At the intersection or interception of two or more streets, no hedge, fence or wall higher than three (3) feet above curb level nor any obstruction to vision other than a post or tree not exceeding one (1) square foot in cross section area shall be permitted within the triangular area formed by the intersecting street lines and a straight line join- ing points located on said street line thirty (30) feet distant from the intersection thereof. Section 509 Where building lot has frontage upon a street which on the Master Plan or Official Map of the Township of Delaware is contemplated for right -of -way widen- ing, the required front yard area shall be measured from such proposed future right -of -way line. Section 510 Height Exceptions. The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features and neces- sary mechanical appurtenances usually carried above roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, and must be specifically ved b the Zoning Board approved of Adjustment. P P Y g J Se ction 511 Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership at the date of the adoption of this Ordinance, when the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone other a than multiple dwellings, provided that all other n regulations prescribed for the zone by this Ordinance i are complied with. S ection 512 The below listed structures and uses are specifically prohibited in any zone in the Township of Delaware: 1. Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke vibration or waste products. 2. Portable Buildings or Structures. No lot in any district shall be used for the purpose of selling or displaying food, merchandise or commodities in a structure of a portable nature or from a vehicle 5 of any description. 3. Trailers. No portable house trailer shall be permitted on any lot. u ARTICLE VI RESI DENTIAL - AGRICULTURAL ZONE R -A Sec tion Ilk 601 Purvoosee. It is the purpose of this zone to preserve the open agricultural character of this section of an the Township, and, at the same time, provide area for large lot residential development and the orderly development of planned communities. Within this zone, no lot, building, or accessory building shall be used in whole or in part unless it complies with the "Schedule of Area, Yard and Building Requirements" of Article III and the following regulations: F 759 Section 602 Permitted Uses 1. One- family detached dwellings. 2. Farm Houses and customary agricultural uses except those uses specifically prohibited by existing Township Ordinances. 3. Accessory uses on the same lot and customarily incidental to the permitted dwelling unit shall not include a business but may include: a. Private Garage b. Swimming Pool c. Tool House 4. Public utility installations which involve no storage yards or commercial office space. 5. Migrant labor housing facilities to be used only on a seasonal basis for migratory farm workers shall be permitted when the buildings are on the farm property and migrant workers perform their labor for occupants of the farm, provided said housing facilities comply in every respect with the Migrant Labor Code of the State of New Jersey and further provided said facilities are located at a distance of at least one hundred (100) feet from any public road and at least one hundred (100) feet from any adjoining property line. 6. Planned communities, provided the provisions of Article XV I are met. 7. After application to and favorable reference by the Zoning Board of Adjustment, and the consent of the Board of Commissioners. a. Home occupations and professional offices or studios, but not clinics or animal hospitals; provided same are located within the dwelling and that the dwelling structure is without material exterior alteration. b. Private clubs, golf courses, lodges or social buildings operated for the benefit of members only, provided that said clubs do not consti- tute a nuisance to adjacent properties with respect to noise or hazardous traffic condi- tions. c. Churches and similar places of worship, parish houses, convents and cemeteries. d. Schools and institutions of higher education including playgrounds, parks and accessory buildings, not conducted as a business. e. Extension of existing cemeteries. f. Hospitals, clinics, nursing homes, convalescent homes, sanatoria and philanthropic institutions. g. Public utility storage yards. h. Roadside stand, in connection with a farm, for the purpose of display and sale of farm pro- ducts, provided the stand is set back at least fifty (50) feet from the street line. m I� a ,t ni fi t ` ^la I hK� A ,m 760 Such consent of the Board of Commissioners shall be given only when the Zoning Board of Adjustment has found and determined that the applicant has pro- vided adequate evidence that the use which is the subject of his application is not, or shall not be detrimental to the public interest and that of owners of property on both sides of the street within the block in which the property is located. Section 603 Area and Yard Requirements (See Schedule) Section 604 Signs (See Article XIII) Section 605 Off- Street Parking. Off- street parking shall be pro- vided as follows: 1. For each dwelling unit - one (1) space. 2. A minimum of seven (7) spaces in connection with the operation of a permitted roadside stand. 3. For schools, municipal or government buildings or similar use - one and one -half (1 -1/2) spaces for each employee. 4. For churches, stadiums or similar use involving the assembly of persons - one (1) space for every four (4) seats or seating accommodations. 5. Hospitals, clinics, nursing homes, convalescent homes, sanatoria, philanthropic institutions or similar use - one (1) space for every three (3) beds plus one (1) space for every two (2) employees. 6. Professional office - one (1) additional space for each two hundred (200) square feet of area so used. Sectio 70 5 Off- Street Parking Same as requirements for Residential Zone R -A. Sect ion 706 Building Design and Site Plan Review (See Article Xv) 7. Private clubs, lodges and the like - one (1) space for every three (3) members or one (1) space for each three hundred (300) square feet of floor area, whichever is greater. Section 606 Building Design and Site Plan Review (See Article XV) ARTICLE VII RESIDENTIAL ZONES R -1 AND R -1 -A Section 701 Pu rpose . It is the purpose of these zones to provide of w density residential areas in the Township; and to stabilize and protect the characteristics of the area. Within these zones, no lot or building shall be erected or altered to be used in whole or in part unless it com- plies with the "Schedule of Area, Yard and Building Requirements" of Article III and the following regula- tions: S ection 702 Permitted Uses All uses permitted in the R -A Zone, except those listed under paragraph 6 and subparagraphs 7g. and 7h. of Section 602. Section 703 Area an Yard Requirements (See Schedule) Section 704 Signs (See Article XIII) Sectio 70 5 Off- Street Parking Same as requirements for Residential Zone R -A. Sect ion 706 Building Design and Site Plan Review (See Article Xv) 761 ARTICLE VIII RESIDENTIAL ZONES R -2 AND R -3 Section 801 Purposes It is the purpose of these zones to pro- vide areas for relatively small lot sizes and dwell- ing units for the major portion of the Township population and to stabilize and protect the characteristics of the area. Within these zones, no lot or building shall be used and no building shall be erected or altered to be used in whole or in part unless it complies with the schedule of area requirements of Article III and the following regulations: Section 802 Permitted Uses 1. All uses permitted in the R -1 and R -1 -A Zones. 2. Multi-Familz Dwellings. After application to and7fav reference by the Zoning Board of Adjustment, and the consent of the Board of Com- missioners, any residential structure or group of structures to be developed on a single lot and containing fifty (50) or more dwelling units sub- ject to the regulations of these zones and the following: a. Site plans and building plans shall be sub- mitted to the Zoning Board of Adjustment to facilitate their review and report to the Board of Commissioners. b. Said structure or structures shall have a maximum density of thirty (30) dwelling units per net acre and a maximum land coverage of twenty (20) per cent of the total development area. c. Said structure or structures shall have a minimum height of six stories and all build- ings or structures shall be set back at least fifty (50) feet from any lot line and an additional ten (10) feet for each story exceeding six. d. Buildings of a dwelling group project shall be so arranged or grouped as to have a reason- ably widely spaced distribution over the entire development area. This distribution shall be such that not more than fifty (50) per cent of the area covered by buildings shall be within any area equal to one -third (1/3) of the entire developable area. Said buildings may include accessory uses permitted herein. e. Garages shall be provided for at least fifty (50) per cent of the total number of dwelling units in the structure or structures, and 1.2 off- street parking spaces shall be provided for each dwelling unit. There shall be no parking space within ten (10) feet of principal buildings and no arages or parking space within thirty (305 feet of any street line. f. Adequate recreation area and facilities to serve the needs of the anticipated population of the development shall be provided and shall consist of at least the following: a. Groceries and foodstuffs b. Drugs and pharmaceuticals c. Confectionary d. Stationery and tobacco e. Hardware and paints f. Bakery g. Periodicals and newspapers 2. Service activities of and similar to the following types may be permitted: a. Barber and beauty shops b. Tailoring and dressmaking c. Dry cleaning d. Shoe repairing e. Self- service laundries f. Radio and television service g. Restaurants 3. Professional offices and banks 4. Accessory uses on the same lot and customarily incidental to the permitted uses shall include: 14.�: 76 2 (1) For pre- school children; one play area, enclosed, and containing a minimum of three hundred (300) square feet for the first ten (10) dwelling units in the project and an additional twenty (20) square feet for each dwelling unit there- after. (2) For school -age children and adults; a space shall be provided in the ratio four hundred (400) square feet per dwelling unit, For all projects of one hundred (100) or more dwelling units, this ratio may be three hundred (300) square feet per dwelling unit. Section 803 Area and Yard Requirements (See Schedule) w Section 804 Signs. (See Article XIII) oil Section 805 Off- Street Parking Same as requirements for Residential Zones R -1 and R -1 -A except as changed by Section 802 e. Section 806 Building Design and Site Plan Review Article XV) ARTICLE IX NEIGHBORHOOD BUSINESS ZONE B -1 Section 901 Pur ose. For the purposes of this article, a neighborhood business zone is defined as a business district adjacent to residence districts in which such uses are permitted as are normally required for the daily business needs of the residents of the locality only. Within this zone, no lot or building shall be used, M ;' and no building shall be erected or altered to be used in whole or in part unless it complies with the schedule of Article III and the following regulations. Se ction 902 Permitted Uses 1. Retail activities of and similar to the following k types may be permitted: „ { a. Groceries and foodstuffs b. Drugs and pharmaceuticals c. Confectionary d. Stationery and tobacco e. Hardware and paints f. Bakery g. Periodicals and newspapers 2. Service activities of and similar to the following types may be permitted: a. Barber and beauty shops b. Tailoring and dressmaking c. Dry cleaning d. Shoe repairing e. Self- service laundries f. Radio and television service g. Restaurants 3. Professional offices and banks 4. Accessory uses on the same lot and customarily incidental to the permitted uses shall include: 14.�: 763 a. Private garage space for the storage of commercial vehicles. b. Other customary accessory uses and structures including dwellings which are clearly inci- dental to the principal structure and use. Section 903 Area and Yard Requirements 1. As specified in the Schedule, Article III of this Ordinance. 2. All B -1 lots and parts of B -1 lots which are adjacent to a residential district shall be screened from such residential district by landscaped "Buffer Strips ". Such "Buffer Strips ", shall be no less than five (5) feet high and shall be kept free of paper and rubbish and main- tained at all times by the owners of said B -1 lots. Section 904 Store Area Requirements. Minimum floor area - 600 square feet. Section 905 Prohibited Uses Although it should be understood that any use not complying with the above "specifications is thereby prohibited, the following uses and activities are specifically prohibited: 1. Automobile repair shops and /or filling stations, commercial automobile parking lots, used car lots. 2. Wholesale, storage and warehouse facilities. 3. Lumber, wood and other similar storage yards. 4. Junk yards. 5. Motel, cabin, trailer court and hotel. 6. Drive -in restaurants and drive -in theatres. Section 906 Sins (See Article XIII) Se ction 907 Off- Street Parking 1. One (1) space for each three hundred (300) square feet of sales area. 2. Improvement and maintenance of parking space. (See Section 503) S ection 908 Building Design and Site Plan Review (See Article XV) ARTICLE X HIGHWAY BUSINESS ZONE B -2 Section 1001 Purpose For the purposes of this article, a highway business zone is defined as a business district serving principally the needs of highway users or transients and /or not necessarily the citizens of Delaware Township. Within this zone, no lot or building shall be used, and no building shall be erected or altered to be used in whole or in part unless it complies with the schedule of Article III and the following regulations. Sect ion 1002 Permitted Uses 1. Commercial activities of and similar to the follow- ing types may be permitted. m, 764 a. Wholesale, storage and warehouse facilities. b. Lumber, wood, coal and other similar storage yards. c. Motels, cabins, tourist homes and hotels. d. Drive -in restaurants and similar establishments. e. Animal hospitals. f. Retail establishments. g. Amusements. 2. Professional offices and banks. 3. Radio and television service. 4. Commercial greenhouses and nurseries. 5. Accessory uses on the same lot and customarily incidental to the permitted uses shall include: a. Private garage space for the storage of commercial vehicles. b. Other customary accessory uses and structures including dwellings which are clearly inci- dental to the principal structure and use. 6. Gasoline filling stations, public and commercial garages, provided the provisions of Article XIV are met. 7. Radio towers and antennas not to exceed one hundred twenty (120) feet in height provided all other Ordinances are complied with. S ection 1003 Area and Yard Requirements 1. As specified in the Schedule, Article III of this Ordinance. 2. All B -2 lots and parts of B -2 lots adjacent to a residential district shall be screened from such residential district by landscaped "Buffer Strips ". Such "Buffer Strips" shall be no less than five (5) feet high and shall be kept free of paper and rubbish and maintained at all times by the owners of said B -2 lots. Se ction 1004 Signs (See Article XIII) Se ction 1005 Off- Street Parking 1. Parking facilities may be located in any required yard space but shall not be less than twenty (20) feet from any street right -of -way line. Ingress and egress to the parkers' area shall be a minimum of twenty (20) feet in width and shall be illuminated during operating hours if they occur after sunset. Illumination shall be shielded from streets and adjoining residential properties. 2. An off - street loading and unloading area shall be provided in sufficient amount to permit the transfer of goods and products in an area other than the public streets. 3. The floor area as used herein is that area used or intended to be used for service to the public as customers, patrons, clients, patients or tenants, including areas occupied by fixtures and equip- ment and used for the display or sale of merchandise but not including storage area. 765 a. Retail and service stores: shall provide (3) square feet of parking area for every square foot of retail sales area plus one parking space for every three (3) employees or part thereof. b. Professional offices and banks shall provide one (1) square foot of parking space for every square foot of floor area. c. Restaurants or other eating places shall provide one (1) parking space for every (4) seats provided. 4. Improvement and maintenance of parking space. (See Section 503) 5. Nothing in this Ordinance shall be construed to prevent collective provision of off - street parking facilities by two (2) or more buildings or uses located on adjacent lots provided the total of such off - street parking facilities shall not be less than the sum of the requirement for the various Individual uses computed separately in accordance with the standards contained in this section and further provided that the land is owned by one or more of the collective users. 6. Access to business use and required off - street parking shall be from main commercial street and not on adjacent residential street. Nature of street is determined by the dominant (greater than 50 per cent) zoned usage on both sides of street measured in street frontage. Section 1006 Special.Design Re quirements . In order to encourage the development of major highway frontage, the following special provisions shall apply in any location in the B -2 Zone which abuts a highway designated as ri major throughfare" by the Township Master Plan: 1. Access Barrier. Access to the highway shall be controned in the interest of public safety. Each building or group of buildings used for nonresidential purposes, and its parking or service areas, shall be physically separated from the highway or street by a curb, planging strip, or other suitable barrier against unchanneled motor vehicle access or egress, except for accessways authorized therein. 2. Acces Each separate use, grouping of attached buildings, or grouping of uses permitted as part of a single Integrated plan, shall have not more than two (2) accessways to any one highway or street. Insofar as practicable, the use of common accessways by two or more permitted highway uses shall be provided in order to reduce the number and closeness of access points along the highway, and to encourage the fronting of commercial structures upon a marginal street and not directly upon a public highway. Sect ion 1007 Bung Design and Site Plan Review ( See Article XV ) 766 ARTICLE XI SHOPPING CENTER BUSINESS ZONE B -3 Section 1101 Purpose It is the purpose of this article to provide areas that may contain a wide range of business and service uses and servicing large segments of the Township. Within this zone, no lot or building shall be used and no building shall be erected or altered to be used in whole or in part unless it complies with the schedule of Article III and the following regulations: Section 1102 Permitted Uses 1. Shopping centers. 2. Any use permitted in the B -1 Business Zone. 3. Office buildings for executive or administrative purposes.. 4. Accessory uses on the same lot and customarily incidental to the permitted uses shall include: a. Private garage space for the storage of commercial vehicles. b. Other customary accessory uses and structures which are clearly incidental to the principal structure and use. 5. Gasoline filling stations, public and commercial garages provided the provisions of Article XIV are met. Section 1103 Area and Yard Requirements I. As specified in the schedule of Article III of this Ordinance. 2. All B -3 lots and parts of B -3 lots adjacent to a residential district shall be screened from such residential district by landscaped "Buffer Strips ". Such "Buffer Strips" shall be no less than five (5) feet high and shall be kept free of paper and rubbish and maintained at all times by the owners of said B -3 lots. S ection 1104 Signs. (See Article XIII) Section 1105 Off- Street Parking 1. Shopping center - one (1) parking space for each one hundred (100) square feet of gross floor area. 2. Office building - one (1) parking space for each two hundred (200) square feet of floor area of professional or business offices or banks. 3. Theatre, auditorium or restaurant - one (1) space for each two (2) public seats. 4. A maximum of two (2) driveways, shall be permitted to provide access and egress to said parking areas for each one hundred fifty (150) feet of street frontage or fraction thereof. Any such driveway provided shall be at least twenty (20) but not more than thirty (30) feet in width and shall be illuminated during operating hours if they occur after sunset. No such driveway shall be located closer than two hundred fifty (250) feet from the Intersection of two (2) public streets: "4. p ; 1 767 5. Truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and products in other than a public street or public parking area. 6. Improvement and maintenance of parking space. (See Section 503) Section 1106 Building Design and Site Plan Review (See Article XV) ARTICLE XII RESTRICTED INDUSTRIAL ZONE I -R Section 1201 Purpose It is the purpose of this zone to provide areas of the Township for the exclusive use of non - noxious industries which can meet strict performance standards. Within this zone, no lot or building shall be used and no building shall be erected or altered to be used in whole or in part unless it complies with the schedule of Article III and the following regulations. Section 1202 Permitted Uses. 1. Any manufacturing, processing or industrial use listed below provided the proposed industrial process meets the performance requirements listed in Section 1204 and does not have inherent charac- teristics which are noxious, injurious, offensive or hazardous to the health, safety, or general welfare of the community. a. Manufacturing of light machinery, comprising any of the following carburetors and small machine parts; cash registers; sewing machines; typewriters; calculators and other office machines. b. Fabrication of metal products comprising any of the following: baby carriages; bicycles and other vehicles; metal foil, aluminum, gold, etc.; metal furniture; musical instruments; sheet metal products; and toys. c. Fabrication of paper products, comprising any of the following: bags; book - binding; boxes and packaging materials; office supplies; and toys. d. Fabrication of wood products, comprising any of the following: boats; boxes, cabinets and woodworking; furniture; and toys. e. Food and associated industries, comprising any of the following: bakeries; bottling of food and beverages; food and cereal mixing and milling; food processing; food sundry manu- facturing and ice cream manufacturing. f. Office buildings for executive or administra- tive purposes. g. Laboratories, comprising any of the following: biological, chemical, dental, pharmaceutical and general research. h. Other permissable industry, comprising any of the following: brush and broom manufacturing; concrete and plastic products; electric light and power companies; electrical products; farm machinery; sales and services; glass and glass products manufacturing; jewelry manu- w i I a >c r �'i 768 facturing including polishing; laundering and cleaning establishments; leather goods manufacturing except curing, tanning and finishing of hides; motion picture exchange; pharmaceutical products manufacturing; printing paper and cloth; sporting goods manufacturing; textile products manufacturing; thread and yarn manufacturing; and warehouses and shorehouses. i. In addition to the above, any business not inconsistent with the above and meeting the performance requirements listed herein may be conducted in this zone. All others are specifically excluded. 2. Business uses as follows: a. Wholesale establishments, warehouses, and storehouses. b. Lumber, building materials and other similar storage yards. c. Professional and commercial offices and business service establishments. d. Hotels and Motels. 3. Customary and conventional agricultural uses. Section 1203 Area and Yard Requirements 1. As specified in the Schedule, Article III of this Ordinance. 2. All 1 -R lots and parts of 1 -R lots adjacent to a residential district shall be screened from such residential district by landscaped "Buffer Strips." Such "Buffer Strips" shall be no less than ten (10) feet in width and eight (8) feet high and shall be kept free of paper and rubbish and main- tained at all times by the owner of said 1 -R lots. Sec tion 1204 Performance Requirements I. Dissemination of smoke, dust, odors, fumes, and other noxious gases shall be within the limits of the industrial tolerance standards of the State Department of Health, Bureau of Adult and Industrial Health. 2. Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with that plant's regulations or shall treat its own liquid wastes and effluents in a treatment plant or procedd which is in compliance with the State Statutes and with the requirements of the State Department of Health. 3. Precaution against fire hazards, radiation, ex- plosion, proper handling and storage of materials and structural design, and safeguards for the health of workers shall comply with the State Statutes and requirements of the State Department of Labor and Industry. 4. No vibration or glare shall be evident at any Point more than one hundred and fifty (150) feet from the source of said vibration or light. if I �I i d 769 Section 1205 Prohibited Uses Although it should be understood that any use which is not specifically permitted in Section 1202 of this Article is thereby prohibited, the following uses and activities are specifically prohibited: 1. Any residential use. 2. Junkyards and automobile wrecking or disassembly yards. 3. Uses requiring the burning of materials in open fires. 4. Uses involving the dissemination of noxious odors. Section 1206 Signs (See Article XIII) Section 1207 Off- Street Parking 1. One (1) space for each two hundred (200) square feet of gross building floor area or one (1) space for every two (2) employees, whichever is greater. 2. Improvement and,maintenance of parking space. (See Section 503) Section 1208 Building Design and Site Plan Review (See Article XV) ARTICLE XIII SIGNS Secfiion 1301 Signs in Residential Zones. Within these zones, no outdoor advertisement, i entification sign, or advertising structure shall be erected or altered in whole or in part unless it complies with the following regulations. 1. R -A Rural Residential Zone. None other than the following signs shall a permitted in this zone: a. No more than one (1) permanent sign per lot shall be permitted for each use or activity permitted in this zone unless otherwise specified herein. b. A nameplate sign, situated within the property lines and not exceeding one (1) square foot in area. c. A nonilluminated temporary sign advertising the prospective sale or rental of the premises upon which it is located, not exceeding six (6) square feet in area and provided that it shall be maintained and removed within seven (7 ) days after consummation of a lease or sale transaction. d. Official signs by any governmental agency. e. Temporary signs announcing or advertising any political, educational, charitable, civic, professional, religious or like campaign or event, for a consecutive period not to exceed twenty -one (21) days in any calendar year. f. Nonilluminated temporary signs on new construc- tion sites not exceeding twelve (12) square feet in total area and provided they shall be removed within seven (7 ) days after completion of the construction work. Signs advertising major subdivisions that have received preliminary plat approval by the planning board shall not 770 exceed two (2) in number, shall not exceed one hundred (100) square feet in area, and shall be removed within ninety (90) days after completion of construction work. g. Identification signs for churches, hospitals, schools, playgrounds, parks and public utility installations shall not exceed twenty (20) square feet in area. h. Signs advertising the sale of products at any roadside stand provided that such signs do not exceed three (3) in number, are each not more than eight (8) square feet in area and are not located in any public right -of -way. Signs and stands must be maintained or removed during seasons when products are not offered for sale. i. Signs identifying a permitted professional office or home occupation. Such signs shall bear only the name of the person residing on the premises and the profession or home occupation being conducted on the premises, shall not be of neon, shall be situated within the property lines of the premises it identifies and shall not exceed two (2) square feet in area. j. Signs advertising private clubs, lodges and the like shall not be neon, shall be situated within the property lines of the premises to which it relates and shall not exceed twelve (12) square feet in area. 2. R -1 and R -1 -A Residential Zones. None other than the - following signs shall be permitted in these zones. a. Those signs permitted in Zone R -A b. No more than one (1) permanent sign per lot shall be permitted for each use or activity permitted in this zone, unless otherwise specified herein. 3. R -2 and R -3 Residential Zones. None other than the following signs sha a permitted in these zones, a. Those signs permitted in Zones R -1 and R -1 -A. b. No more than one (1) permanent sign per lot shall be permitted for each use or activity permitted in these zones, unless otherwise specified herein. Sec tion 1302 Signs in Business Zones. Within these zones, no Outdoor advertisement, identification sign, or advertising structure shall be erected or altered in whole or in part unless it complies with the following regulations. Permitted Uses 1. B -1 Neighborhood Business Zone. None other than the Y - 01lowing signs shall be permitted in this zone. 771 a. Each commercial use may have one identification sign located on, or attached to the principle facade of said use. Such sign shall not project more than two (2) feet beyond the building line and shall not exceed forty (40) square feet in area. If illuminated, such sign shall be nonf lashing . b. Signs required by law to be exhibited by the occupant of the premises. 2. B -2 Highway Business Zone. None other than the following signs sha 1 be permitted in this zone. a. Each commercial use may have an identification sign located on, or attached to the principle facade of said use. Such sign shall not project more than two (2) feet beyond the building line and shall not exceed two hundred (200) square feet in area. If illuminated, such sign shall be nonflashing. b. Each business may have one (1) freestanding sign provided such sign shall not exceed seventeen (17) feet in height, shall not be placed closer than thirty (30) feet from the side line of a public street and shall be erected within the property lines of the premises to which it relates. All refuse and paper shall be kept constantly removed from the ground spaces at least five (5) feet in all directions around the sign. 3. B -3 Sho )ing Center Business Zone. None other than the following signs sha be permitted in this zone. a. Each permitted use may have an identification sign located on, or attached to the principle facade of said use. Such sign en shall the project more than two (2) beyond building line and shall not exceed an area equal to fifteen (15 ) per cent of the front wall area, including window and door area on which, or in front of which they are displayed. Such signs may be illuminated but shall not be of the flashing type. b. No sign, except such directional devices as may be required by the Federal Aeronautical Authorities, shall be placed, inscribed or supported upon the roof or upon any structure which extends above the roof of any building. c. Each shopping center may have one (1) free- standing sign provided that such sign shall not exceed one hundred and fifty (150) square feet in area on any one (1) side, shall not exceed seventeen (17) feet in height, shall not be placed closer than fifty (50) feet from the side line of a public street and the shall be within the property lines of premises to which it relates. All refuse and paper shall be kept constantly removed from the grounstheisignn (15) feet in all directions around Sec tion 1303 Sims in Industrial Zo nes. Within these zones, no out- door advertisement, iden tification sign or advertising structure shall be erected or altered in whole or in part unless it complies with the following regulations. hh 772 Permitted Uses 1 -R Restricted Industrial Zone. None other than the following signs shall be permitted in this zone: Those signs permitted in Zone B -3. Section 1304 General Provision and Requirements for All Zones 1. All free - standing signs, with the exception of those permitted in residential zones, shall require building permits. 2. Where a business structure is located at the intersection of two public streets, an additional sign may be erected or inscribed upon the side wall on the street side provided that the combined areas of the two signs do not exceed the sign area permitted in that zone. 3. Where the side or rear of a business structure adjoins a public parking area or a private parking area intended for the use of the structure in question, signs may be placed or inscribed on saidside or rear wall to identify the business use or uses in the structure and access thereto. Such signs shall not exceed ten (10) square feet of the wall surface on which they are inscribed for each separate business use in the structure. Such signs shall not be illuminated. 4. Except as permitted in Paragraph 2 and 3, no signs shall be permitted to be placed or inscribed on a side or rear wall of a structure. 5. Except as otherwise specifically provided for, not more than one (1) sign shall be permitted for each use or activity. No part of any sign shall extend above the top or beyond the ends of the wall surface upon which it is placed, no signs except such directional signs or devices as may be required by the Federal Aeronautical authorities shall be placed, inscribed, or supported upon the roof or upon any structure which extends above the roof. 6. No permanent marquees or canopies extending over a required front yard or over a public walk shall hereafter be erected except in connection with entrances to theatres, funeral homes, and similar buildings. Business signs placed on such marquees or canopies shall conform to the type and area requirements as herein noted and the area of such signs shall be calculated as within the maximum aggregate permitted on the facade of the building attributed to such use. Sect ion 1305 Signs Prohibited in All Zones. 1. A flashing, animated or moving sign of any type. 2. Signs with any lighting or control mechanism which may cause radio or television interference. 3. Any sign so erected, constructed or maintained as to obstruct or be attached to any fire escape, window, door or opening used as a means of egress or ingress, or for fire fighting purposes, or placed sous to interfere with any opening required for legal ventilation. 773 4. Signs utilizing the colors red or green in their illuminations when said signs are placed within one hundred (100) feet of a street intersection. 5. Any sign which is of such a form, character of shape as to confuse or dangerously distract the attention of the operator of a motor vehicle. 6. Any advertisement which uses a series of two or more signs or units, placed in a line parallel to the highway, or in similar fashion, all carrying a single advertising message, part of which is contained on each sign. 7. Signs which in any way simulate official, direc- tional or warning signs erected or maintained by the State of New Jersey, County or Municipality thereof, or by any railroad, or public utility or similar agency concerned with the protection of the public health or safety. 8. Any sign located on a lot other than the lot occupied by the use, event or product which said sign advertises. Section 1306 Removal of Certain Signs Any sign now or hereafter existing which no longer advertises a bonafide busi- ness conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within ten (10) days after written notification from the Building Inspector, and upon failure to comply with such notice within the time specified, the Building Inspector shall cause the removal of such sign and any expense incident thereto shall be paid by the owner of the building or lot or structure to which such sign is attached. ARTICLE XIV GASOLINE FILLING STATIONS PUBLIC AND COMMERCIAL GARAGES S ection 1401 Gasoline filling stations, public and commercial garages are subject to the regulations of the zones where permitted and the following: 1. A license to operate and maintain said use shall be first obtained if so required by a separate Ordinance of Delaware Township. 2. All fuel tanks shall be installed underground. 3. Driveways shall be not less than twenty -five (25) feet from the intersection of street right - of -way lines and shall be no wider than thirty (30) feet at any point. 4. A raised concrete curb at least eight (8) inches in height and six (6) inches wide at the top, shall be constructed and maintained in a good and safe condition along all street property lines, except at driveways. 5. The entire area of the gasoline filling station public and commercial garages traversed by motor vehicles shall be hard surfaced. 6. Gasoline pump islands shall not be less than fifteen (15) feet from any street line. 774 Section 1402 In addition to the signs authorized in the zones permitting gasoline filling stations, gasoline filling stations may display one (1) non - flashing, free - standing sign to advertise the name of the station and /or the principal products sold on the premises, including any special company or brand name, insignia, or emblem, provided that such sign shall not exceed fifty (50) square feet in area and shall be erected entirely within the property line and not less than eight (8) feet above the ground. Section 1403 Lots on which gasolie filling stations, public and commercial garages are located shall be maintained at all times and kept free from paper and rubbish. No vehicle, or any type of salvage or maintenance material is to be stored outside of the principal building. ARTICLE XV BUILDING DESIGN AND SITE PLAN REVIEW Section 1501 Procedure In order to protect and preserve the road network of the Township, insure the movement of traffic, promote the development of a beautiful and well- ordered community, further the comprehen- sive planning, and best serve the interests of public health, safety and general welfare, no public, commercial, industrial or other non- residen- tial use shall be permitted, nor shall any building permit or occupancy permit be issued for such uses, until the following procedure has been complied with: 1. A complete set of site and building plans shall be submitted in triplicate to the Building Inspector in sufficient detail to indicate the nature or use, building design, arrangement upon the lot, traffic and parking, signs, landscaping and all other requirements of this Ordinance. 2. The Building Inspector shall transmit the data to the Planning Board. The Planning Board shall consider the application in light of its effect upon the Master Plan of the Township, giving due consideration to land use, traffic, health, safety and general welfare. 3. If the Planning Board shall approve or fail to act on any application referred to it within thirty (30) days of the date of submittal to said Board, the Building Inspector shall forth- with issue the permit as applied for; providing it meets all other requirements of this Ordinance. Se ction 1502 Building Design Standards 1. Site Design a. Preservation of Landscape. Every effort shall be made to either preserve the landscape in its natural state or to improve existing site conditions in keeping with adjacent areas. b. Orientation and Site Location. In the case of free-standing u dings or structures, and de- pending upon site characteristics, consideration shall be given to site positioning that either; provides a desirable focal point; does not block a natural vista; provides a desirable space enclosure or otherwise respects the established low siting of surrounding buildings or structures. 775 2. Building or Structure Design Relation of Elements of _Buildings or Structure to Surroundings In the use of building material, use of color and /or texture, massing, fenes- tration and advertising features, every effort shall be made in the proposed building or structure to relate these elements harmoniously to similar elements in surrounding buildings or structures. 3. Design of Accessory Buildings and Struc a. Relation to Surroundings Every effort shall be made to maintain the standards outlined in A and B above for all accessory buildings, structures and site features, however related to the major buildings or structures. b. Special Fe atures. In the case of auto parking areas, truck oading areas, utility buildings and structures, and similar accessory areas and structures, special consideration shall be given to the use of screen planting or similar screening methods, where said special features are incongruous with the existing or contemplated environment. ARTICLE XVI PLANNED COMMUNITIES Section 1601 It is the intent of this section to help effectuate the Master Plan of the Township, and by so doing, prevent the scattered, partial development of the Township which would make economically unfeasible the establishment and maintenance of adequate community facilities and services. To permit the orderly planned development of residential zone R -A, planned communities have been deemed a permitted use in this zone provided certain requirements listed herein are met. 1. General Area and Density Requi a. Minimum total community area to contain at least 200 dwelling units. b. Maximum permitted gross density -- two and one half (2 1/2) dwelling units per acre. c. Unless specified otherwise by the Township's Master Plan, at least 50 per cent of all lots in the planned communities shall conform to the schedule of area yard and building requirements of residential zone R -1, the remainder shall conform to the requirements of residential zone R -2. d. The planned community shall have natural boundaries where possible and shall not be traversed by any major thorofare or secondary collector streets as indicated in the Master Plan of Delaware Township. e. A planned community may consist of more than one subdivision development provided said developments are contiguous, are planned as a single entity and meet all the requirements listed herein. 2. Community Plannin Requireme . a. Streets shall be planned so as to: 776 (1) Fit into the Master Plan and /or Official Map of Delaware Township. (2 ) Prevent any parcel of land from being "land- locked." (3) Provide all lots with access to a county, state, or federal highway or to a street accepted or approved by the Township. (4) Conform to the right -of -way and cartway widths indicated in the Master Plan and /or Official Map of Delaware Township. b. Drainage and Sanitation. Sanitary sewer system, storm drainage p -an and water system shall meet State and local requirements and be acceptable to the Township Planning Board and Governing Body. c. Shopping Area (1) A maximum of one shopping area may be provided in each planned community to contain the business uses permitted in Business Zone B -1 if said shopping area is deemed necessary by the Planning Board. (2) Maximum size of shopping area -- 8 acres. (3) Business uses in the shopping areas shall comply with all regulations of Business Zone B -1. d. School and Playground (1) A school site at least ten (10) acres shall be provided within the planned community if required by the planning board. (2) A playground site or sites shall be pro- vided in the ratio of one acre of play- ground area for every thirty (30) dwelling units, or portion thereof, in the planned community and no playground site shall be less than one acre in area. 3. Procedure a. The subdivider or his agent shall apply to the Planning Board, presenting ten (10) copies of a complete set of site plans. Said plans shall contain the information required by the Delaware Township Subdivi- sion Regulations for a preliminary plat. b. The Planning Board shall review the entire matter and after careful review of the application, shall make a report of its findings to the Board of Commissioners. c. The Board of Commissioners shall give con- sideration to the application and the find- ings of the Planning Board, using the standards as set forth in this Ordinance as a guide and also considering the relation of the proposed community development to the health, morals, safety and general welfare of the Township and its citizens. i 777 d. Upon receipt of the report from the Planning Board, the Board of Commissioners shall approve or disapprove the application no later than the second regular meeting of said Board. e. Upon approval, the subdivider or his agent must then comply with any other ordinance which regulates subdivision plans and all other provisions of this Ordinance. ARTICLE XVII NON - CONFORMING USES Section 1701 1. The lawful use of any building or any land exist- ing on the effective date of this Ordinance or authorized prior thereto may be continued although not conforming with the provisions of the �. Ordinance. The expansion of such building or use will be allowed provided that no expansion and no structural extension or addition shall exceed twenty -five (25) per cent of the area of the lot or of the buildings existing at the time of the k enactment of this Ordinance. 2. A non - conforming use may be changed to one within' the same classification permitted for the district in which it is located. When a non- conforming use has been changed to that of a more restricted classification, such use shall not thereafter N be changed to a use of a less restricted` classification.` 3. A non - conforming building structure, fence, wall or sign, which has been damaged by fire, wind- storm, explosion, flood or other causes to the extent of seventy -five (75 ) per cent of its value, or a structure which has been legally condemned, may be repaired, rebuilt or replaced II only for use in conformity with the uses' permitted for the district in which it is located. , ARTICLE XVIII ADMINISTRATION Section 1801 Enforcement. The provisions of this Ordinance shall !I,� be administered and enforced by the Building In- spector of the Township. In no case shall a permit alteration of be granted for the construction or any building where the proposed construction, alteration, or use thereof would be in violation of be the I any provisions of this Ordinance. It shall his duly duty of the Building Inspector or building, p lans authorized assistants to cause any to be inspected or examined and to or premises order in writing the remedying of any conditions found to exist in violation of any provision of this Ordinance, and he shall have the right to during the daytime e G ' enter any building or premised in the course of his duties. 1. Filing Plans. All applications for building per- mits shall be made in the manner prescribed in f4 the Building Code. 2. Records. It shall be the duty of the Building Inspector to keep a record of all applications for permits and a record of all permits issued, with a notation ofapacon involved. He shal l file and safely keep copies of all plans submitted and the same shall � I a part of the records of his office and shall Section 1802 778 be available for the use of the Township and of other officials of the Township of Delaware, the County and the State. The Building Inspector shall prepare a monthly report for the Township summarizing for the period since his last previous report all building permits and certificates issued by him and all com- plaints of violations and the action taken by him consequently thereon. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Commissioners. Certificates and Permits. 1. Certificate of Occu anc . No building hereafter structurally altered or erected shall be permitted by the person or corporation who structurally altered or erected same to be used or changed in use until a Certificate of Occupancy shall have been issued by the Building Inspector stating that the building or the proposed use thereof complies with the provisions of this Ordinance. No Certificate of Occupancy shall be issued unless the building or use complies with the provisions of this Ordinance and of "The Building Code of the Township of Delaware in the County of Camden, State of New Jersey" and of "The Plumbing Code of the Township of Delaware in the County of Camden, State of New Jersey ". a. A Certificate of Occupancy, if required, shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this Ordinance. b. In case the Building Inspector shall decline to issue a Certificate of Occupancy, his reasons for doing so shall be stated on one copy of the application and that copy re- turned to the applicant. c. A record of all certificates shall be kept on file by the Building Inspector and copies shall be also furnished to the builder (2), the Township Assessors, Township Tax Office, and Township Clerk. d. Fees: The Building Inspector shall require tie payment of the following fees: $5.00 on issuing Certificate of Occupancy, $1.00 for each copy thereof. 2. Tem orar Use P It is recognized that it may be in accordance with the purposes of this Ordinance to permit temporary activities for a limited period of time which uses may be pro- hibited by other provisions of this Ordinance. If such uses are of such a nature and are so located that at the time of petition they will: a. In no way exert a detrimental effect upon the uses of land and activities normally permitted in the zone. 779 b. Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved. c. The Board of Commissioners may, be resolu- tion after written application therefor, issue a permit for a period not to exceed two (2) months. Such period may be exten- ded not more than once for an additional period of two (2 ) months. ARTICLE XIX ZONING BOARD OF ADJUSTMENT Section 1901 Members A Zoning Board of Adjustment is hereby created which shall consist of five (5) members none of whom shall hold any elective office or position under the municipality, each member to be appointed by resolution of the Board of Commissioners for a term of five (5) years be- ginning on the first day of the calendar year, the term of one member to expire in each year and any vacancy to be filled for the duration of an unexpired term. Members shall be remov- able for cause by the Board of Commissioners upon written charges and after a public hearing. The members of the Zoning Board of Adjustment created by the Delaware Township Zoning Ordinance of 1955 shall be continued in office under this Ordinance until the expiration of their present terms. Section 1902 Rules and Meetings. The Zoning Board of Adjustment shall adopt rules governing the conduct of its meetings, the manner in which appeals shall be taken by any person aggrieved and affected by any decision of the Building Inspector and covering the conduct of any such appeals or hearings thereon. Meetings of the Board shall be held at the call of the Chairman or at such times as the majority of the Board shall determine. The Board shall reorganize annually at its January meeting. The Chairman or acting Chairman shall have the power to issue subpoenas for the attendance of witnesses and the production of records and may administer oaths. All Board meetings shall be open to the public and minutes shall be kept of all proceedings showing the vote of each member upon each question and shall keep records of its examinations and other official actions, all of which shall be a public record. Section 1903 Appeals to the Board Appeals may be taken by any person aggrieved and affected by a decision of the Zoning Board of Adjustment or Building Inspector and shall be taken by filing a petition of appeal with the Secretary of the Zoning Board of Adjustment, which petition shall contain such information as the Zoning Board of Adjustment shall require by its rules and shall be accompanied by a Twenty -five Dollar ($25.00) filing fee. 780 An appeal shall stay all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the Building Inspector certifies that in his opinion such a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Adjustment or by the Superior Court on application and on notice to the Building Inspector and on due cause shown. I' Section 1904 Hearings and Notices The Zoning Board of Adjust- ment shall fix a reasonable time for the hearing of an appeal giving due thereof to the appellant. Said appellant shall at least ten (10) days prior to the time appointed for said hearing give personal notice to all owners of property situate within or without the municipality and within two hundred (200) feet of the property to be affected by said appeal. Such notice shall be given either by handing a copy thereof to the said property owners or by leaving a copy thereof at their usual place of abode, if said owners are the occupants of the property affected by such appeal or are residents of the municipality in which said property is located. Whenever said owners are nonresidents of said municipality, such notice may be given by sending written notice thereof by registered mail to the last -known address of the property owner or owners, as shown by the most recent tax lists of said municipality. Where the owner is a partnership, service upon any partner as above provided shall be sufficient, and where the owners are corporations, service upon any officer, as above set forth, shall be sufficient. The appellant shall by affidavit present satisfactory proof to the said Zoning Board "of Adjustment at the time of the hearing that said notices have been duly served as aforesaid. At all hearings, all parties shall appear in person if an individual, by an officer or director G if a corporation, by a partner if a partnership or by an attorney at law of New Jersey in any case. Section 1905 Decisions. The Board shall render its decisions t' upon appeals within ninety (90) days from the date I' of filing and upon failure to do so, the appeal, at the expiration of such time, shall be deemed to be decided adversely to the appellant in the r same manner as though said Board had rendered a decision to that effect. Section 1906 Powers of the Zonin Board of Adjustment. The Zoning Board of Adjustment shall have power to: I II 1. Hear and decide appeals where it is alleged by the appellant that there is error in any t order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning ordinance. 2. Hear and decide requests for special exceptions or for interpretation of the map. 71 1 4.v 781 3. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topo- graphic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under the act would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the owner of such property, to authorize, upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardshipl provided, however, that no variance shall be granted under this paragraph to allow a structure or use in a district restricted against such structure or use. 4. Recommend in particular cases and for special reasons to the governing body of the munici- pality the granting of a variance to allow a structure or use in a district restricted against such structure or use. Whereupon the governing body, by resolution, may approve or disapprove such recommendation. If such recommendation shall be approved by the govern- ing body then the administrative officer in charge of granting permits shall forthwith issue a permit for such structure or use. No relief may be granted or action taken under the terms of this section unless such relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. Section 1907 Modification of Orders and Decisions. The Zoning in conformity with the Board of Adjustment may provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, re- decision of the Building Inspector quirement or from which an appeal is made, and may make such order, requirement, decision or determination as to that end have all powers ought to be made, and of the Building Inspector. Section 1908 Vote of Members. The concurring vote of three (3) members of the Board shall be necessary to reverse decision or determination any order, requirement, the Building Inspector, or to decide in favor of of the applicant in any matter upon which it is this Ordinance, or to effect required to pass under recommend any exceptions to or variances from or this Ordinance. ARTICLE XX VIOLATIONS AND PENALTIES S ection 2001 Violators. Failure to secure a special exception the erection, construc- or variance previous to addition to a building or tion, extension or an occupancy permit shall be a failure to secure violation of this Ordinance. S ection 2002 Notice of Violation. When written notice of a served by the Building Inspector v o at on as een on the owner, lessee, agent, be discontinued or builder, such violation shall I immediately. 7 Section 2003 Fines and Penalties. If any building or structure shaTl be erected, constructed, extended or added to in violation of this Ordinance; or any building, structure or land used or maintained in violation of this Ordinance, the owner shall be subject to a fine of not more than One Thousand Dollars ($1,000.00) and not less than One Hundred Dollars ($100.00) or imprisonment not to exceed sixty (60) days, or both such fine and imprisonment. ARTICLE XXI AMENDMENTS Section 2101 Amendments by Boa of Commissioners The regula- tions, and restr ctions herein may be amended, changed, modified or repealed, and the boundaries or districts may be changed, by ordinance, but no amendment or change shall become effective unless the ordinance proposing such amendment or change shall first have been submitted to the Planning Board, for approval, disapproval or suggestions. The Planning Board shall have a reasonable time, not less than thirty (30) days for considering and rendering a report to the Board of Commissioners. In the case of an unfavorable report by the Planning Board, such amendment shall not become effective except by a favorable vote of two- thirds of the Board of Commissioners. Section 2102 Amendments by Citizens's Petition. Whenever a petition is presented to the Board of Commissioners signed by the owners of fifty (50) percent or more of the area of the lots included in a proposed change, the Board of Commissioners shall vote thereon within sixty (60) days after the filing of said petition. Section 2103 Protests A ainst Amendments. In the case of a protest agga nst such change signed by the owners of twenty (20) per cent or more, either of the area of the lots or land included in such proposed change, or of the lots or land in the rear thereof extending one hundred (100) feet therefrom, or of the lots or land on either side thereof or directly opposite thereto extending one hundred (100) feet therefrom (exclusive of street space) such change shall not become effective except by the favorable vote of two- thirds of the members of the Board of Commissioners. ARTICLE XXII REPEALER Section 2201 The Delaware Township Zoning Ordinance of 1955 as amended and supplemented is hereby specifically repealed. No other ordinance which may refer to the Delaware Township Zoning Ordinance of 1955 is repealed but shall be deemed to refer to this Ordinance. ARTICLE XXIII VALIDITY OF ORDINANCE Section 2301 Validity . Should Ordinance for any the courts, such validity of this part thereof. any section or provision of this reason be declared invalid by decision shall not affect the Ordinance as a whole, or any other Section 2401 ARTICLE XXIV EFFECTIVE DATE 78 This Ordinance shall become effective immediately upon due passage and Tow6ship C erk INTRODUCED: September 12, 1960 ADOPTED: September 26, 1960 APPENDIX A DEFINITIONS Certain words, phrases and terms in this Ordinance are defined for the purpose thereof as follows: Words and Phrases. Words used in the present tense include t e future. The singular number includes the plural and the plural, the singular; the word "lot plural the word "plot "; the word "building" includes the word "structure "; the word "zone" includes the word "district "; the word "occupied" includes the word "designed" and the phrase " intended to be occupied "; the word 'use" includes the words Parranged ", "designed ", and the phrase "intended to be used "; and the word "shall' is always mandatory. Accessory Use or Buildi A subordinate use or building, the purpose of which is customarily incidental to that of the main use or building and on the same lot. Alterations As applied to a building or a structure, means a change or rearrangement in the structure parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moves from one location or position to another. Area, Building See Floor Area. Buffer Strip. A five (5) foot wide strip of trees and or shrubs, at least six (6) feet in height, densely planted so as to restrict a clear view beyond said strip. Buil Any structure having a roof supported by co lumns, piers, or walls including tents, lunch wagons, trailers, dining cars, camp cars, or other structures on wheels, or having other supports and any unroofed platform, terrace or porch having a vertical face higher than three (3) feet above the level of the ground from which the height of the building is measured. Buil Height. Is the vertical dimension measured roam _ the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof 784 and to the average height between the plate and ridge of a gable, hip or gambrel roof. Building Line A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line. Comprehensive Plan See Master Plan. Dwelling Unit. Is one or more rooms providing 'living facilities for one family including equipment for cooking for provisions for the same. Facade The total wall surface, including door and window area, of a building's principal face. In the case of corner buildings which front on more than one street, only one face shall be used to calculate the facade area. Fames Is a single individual, doing his own cooking, and living upon the premises on a separate housekeeping unit, or a collective body of persons doing their own cooking and living together upon the premises as a separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bond. Floor Area The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls, or from the center line of walls separating two (2) buildings. In particular, the 'floor area" of a building shall include: (a) Basement space. (b) Elevator shafts and stairwells at each floor. (c) Floor space used for mechanical equipment, with structural headroom of seven (7 feet, six inches or more. (d) Penthouses. (e) Attic space (whether or not a floor has actually been laid) roviding structural headroom of seven (7) feet, six (6) inches or more. (f) Interior, balconies or mezzanines. (gg) Enclosed porches. (h) Accessory uses, not including space used for accessory off - street parking. H OWever, the "floor area" of a building shall not include: tanks and coo ing a main roof line. (b) Uncovered steps. (c) Terraces, breezeways and open spaces. (d) Accessory off - street loading berths, up to two hundred (200) per cent of the amount required by the scheduled requirements. (a) Elevator and stair bulkheads, accessory water 1' towers which project above Garage, private. A building or space used as an accessory to the main building which provides the storage of motor vehicles and in which no occupation, business or service for profit is carried on,. i III 1 !;Ja 78 Garage, public. A building or space other than a private or community garage, for the storage of motor vehicles at which filling station service, sales of accessories or repairs, other than body and collision repairs and painting and refinishing, are permitted. This term does not include motor vehicle show rooms for new or used motor vehicles. Gasoline Filling Station. Any establishment servicing motor vehic es with fuel, supplies and accessories, but not major repairs. Home Occupation - An accessory use of a service character conducted entirely with a dwelling, provided that no article is sold or offered for sale except as may be produced by only members of the immediate family residing on the premises and which use is clearly incidental to the use of the dwelling for dwelling purposes and does not change the character thereof, and which shall in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located. Junk Yard Any area and /or structure used or in- tended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. Lot. A piece, parcel or plot of land occupied or Designed to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory building, together with such open spaces as are arranged and designed to be used in connection with such buildings. Lot Area. An area of land which is determined by the limits of the lot lines bounding that area and is always expressed in terms of square feet. Lot, Corner A parcel of land at the junction of and abutting on two (2) or more intersecting streets when the interior angle of intersection does not exceed one hundred fifty (150) degrees. Lot Coverage That percentage of the lot covered by the total ground floor area of the building or buildings on that lot. Lot De pth. A mean horizontal distance between the ront and rear lot lines, measured in the general direction of its side lot lines. Lot Width. The mean horizontal distance between the side lot lines measured at right angles to its depth. In no case shall the lot width be less than the frontage as required by this Ordinance. Front- age shall be measured at the most forward allowable building line or setback line. The width at the front property line shall be at least two- thirds of the required width at the set -back line. Master Plan Shall mean the Master Plan for the Township of Delaware. i a �I i i 786 Nonconforming Building A building which in its design or location upon a lot does not conform to the regulations of this Ordinance for the zone in which it is located. Nonco Lot A lot of record existing at the date of passage of this Ordinance which does not have the minimum width or contain the minimum area for the zone in which it is located. Nonconforming Use Use of a building or of land that does not conform to the regulations of the zone in which it is located. One and One -Half Story Structures: Shall have space above the first story designed for and completed as living quarters with height clear- ance of lot less than seven (7) feet over an area equal to not less than fifty (50) per cent of the first floor area (excluding the garage) with which such first floor shall communicate by means of a permanently built and fixed inside stairway. Ope S ace. An unoccupied space open to the sky on the same lot with a principal and /or accessory building. Parking Space An off - street space available for th e narking of a motor vehicle and which in this Ordinance is held to be an and twenty (20) feet long, and driveways appurtenant access thereto. area ten (10) feet wide exclusive of passageways thereto and giving Plann Board Shall mean the Planning Board of Delaware Township. Principal Buildings. A building or buildings in which s conducted the main or principal use of the lot on which said building is situated. Professional Office. The office of a member of a recognized profession as hereinafter indicated when conducted on a residential property, shall be conducted by a member or members of the resi- dential family entirely within a residential building and shall include only the offices of doctors, ministers, architects, professional engineers, lawyers, and such similar professional occupations which may be so designated by the Board of Adjustment upon finding by such Board that such occupation is truly professional in character by virtue of the need for similar training and exper- ience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone in which it is located to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing. Sho ing Center. A business district consisting of an integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and theatres or auditoriums housed in an enclosed building or buildings with party walls of eight (8) inch concrete blocks be- r ' 14' i e 787 tween each business use and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space and utilities and sanitary facilities. Sign Shall include advertisement, identifica- tion sign, advertising structure and /or official sign. Sign Area That area defined by the frame or edge of a sign. Where no frame or edge exists, the area shall be defined by a projected en- closed four -sided (straight sides) geometric shape which most closely outlines sold sign. Where a sign has more than one side, sign area shall be construed to include the total area used for advertisement and /or identification. Sign, Freest andin . Shall include all signs of more than ten 1 square feet in area, not attached to any building and held erect by supports whose major purpose is to support said sign. Sign, Identifi cation. Any structure or part thereof or device attached thereto or painted or repre- sented thereon, which displays any letter, symbol, trademark, work or similar device used to identify the product made or the activity being pursued by any individual, business, service, commercial or industrial enterprise, which is displayed upon the lot or premises and is visible beyond said lot or premises occupied by such an enterprise for the purpose of apprisin the public of the location of such enterprise and9or the type of activity in which it is engaged. Sign Official. Any sign, symbol or device erected and maintained by the Federal, State, County or local government agency for the purpose of inform- ing or guiding the public or for the protection and promotion of health, safety, convenience and general welfare. Site Plan. A plan of a lot or subdivision on which is s[zown' topography, location of all buildings, structures, roads, rights -of -way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the Planning Board in usual or special cases. Street A public thoroughfare which has been dedicated or deeded to the public for public use which has been improved in accordance with Township standards. Street Line. That line determining the limit of the ighway rights of the public, either existing or contemplated. Story That part of a building between the surface of any floor and the next floor above it, or in its absence, then the finished ceiling or roof above it. A "split- level" story shall be considered a second story if its floor level is six (6) feet or more above the level of the line of the finished floor next below it except a basement. Any floor under a sloping roof at the top of a building which is more than two (2 ) feet below the top plate Q 78 " shall be counted as a story, and if less than two (2) feet below the top plate, it shall be counted as a half story, provided not more than sixty (60) per cent of the floor area is used for rooms, baths or toilets; otherwise, it shall be counted as that fraction of a story which its floor area, in rooms, baths or toilets, bears to the entire floor area. Structure. See Building. Structure, Advertising . Shall mean any rigid or semi -rigid material with or without advertisement displayed thereon situated upon or attached to real property (outdoors, primarily) or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed. That portion of any structure, re- gardless of its primary or principal use, which is used for the display of an advertisement shall be considered an advertising structure and shall be subject to the control exercised in this Ordinance. Use. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. Yar Front An open, unoccupied space on the same o with the principal building, extending the full width of the lot and situated between the street line and the' front line of the building, exclusive of steps and open porches, projected to the side' lines of that lot. Setback line shall be synonymous with the front yard. Yard Rear. A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines. Yard Side. An open, unoccupied space between the side line of the lot and the nearest line to the building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the l ot. -.IV Zoning Board Shall mean the Zoning Board of Adjustment of Delaware Township. Two -Story Structures: Shall have space above the first story,designed for and completed as living quarters with a height clearance of not less than seven (7) feet over an area equal to 100 per cent of the first floor area excluding the garage. 4-J a) IP4 .4 r4 Q � H a v r-+ a r V l W w W z >4 z >4 ° z >4 1 1 1 1 1 1 I i 1 1 Q) 41 41 Ln Ln Ln M M M D 1 Ln 1 Ln O )o 1 %O 1 M M 4 r4 H r-4 O O 1 1 LPG I Ln 1 T 00 1 i O O 1 0 1 O 1 �j 1 r-I 1 O 1 4 ra r-1 O O 11 1 Ill i O 1 r-4 r-4 0 co � M N N O O O r-i r-4 r-4 Ln Ln N N N O Ln Ln M M O Ln O O O N a1 N N --4 H r r � O C O � �O H H r-4 n 0 o 0 0 0 Do O n O M O y O r-I O O O r•I N r-4 N r4 N u1 O O O O O 0 0 0 0 0 0 0 0 p O a1 O n 0 r N N N r-1 r' •� 0 •rd r-4 r-4 G •rti b •rd •ra b U1 p -A 0 En .b a •rt l -A P4 -A i 9 z 9 o a z �i Z 1 r l r4 N (Yr (yi 4Y+ Q) a w o a) y+ z >r H xN Xcv X •Mf •M •M i I Q r4 r-1 r-4 Lrl M I MI M Lrl I M I %0 1 1 1 1 Ln I N 1 .a 1 vo 1 O� 1 M 1 r-4 N O ra 111 N Ln M to O n O O Oi %0 ON 1 1 1 1 1 1 i 1 1 1 I 1 1 1 I t 1 1 1 1 r--I O �N Ln r--I O �O O Ill O O O r- 0 0 0 0 w w 131 L 0 O O n w r1 H do z P4 •r1 1 � ra a) a z o c a M t I Lek PL O r-I O N O M O N r O O r-1 0 0 0 w 0 N O 0 O w O N a) a � a) r CC rAFF N 1 P4 1 1 t t 0. 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