§ 225-38. RCD Regional Commercial Development District.

[Amended 12-23-1980 by Ord. No. 47-1980; 8-12-1981 by Ord. No. 18-1981; 12-8-1982 by Ord. No. 71-1982; 3-11-1987 by Ord. No. 6-1987; 3-11-1992 by Ord. No. 8-1992; 2-24-1993 by Ord. No. 9-1993; 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 35-2002]

A. Permitted principal uses shall be:

(1) Offices for business, professional and governmental purposes.

(2) Light industry where the only activity involved is one of the fabricating or the assembling of standardized parts as contrasted to a processing activity which would involve a physical or chemical process that would change the nature and/or character of the product and/or raw material.

(3) The wholesaling or retailing of goods and/or services, including the warehousing or storage of goods.

(4) Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto, provided that no materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory activities or are otherwise permitted in this zone.

(5) Education facilities, including commercial, private and public schools.

(6) Gasoline filling stations.

(7) Furniture, furnishings and household appliance stores.

(8) A public garage, new motor sales or leasing agency or used motor vehicle sales agency (provided that it is incidental to the sale of new motor vehicles) or a used motor vehicle sales agency which involves the construction of a single new building of not less than 10,000 square feet. [Amended 1213-2006 by Ord. No. 79-2006]

(9) Commercial recreation facilities, including outdoor and indoor theaters, miniature golf and golf driving ranges, batting cages, bowling alleys, indoor soccer, skating rinks and other uses similar to those noted herein.

(10) Funeral homes.

(11) Shopping centers.

(12) All uses permitted in the NB Zone.

(13) Personal wireless telecommunications facility not to exceed 120 feet in height. [Added 5-14-2003 by Ord. No. 20-2003]

(14) Motels, as defined in this chapter. [Added 6-8-2005 by Ord. No. 24-2005]

(15) Home Improvement Stores, including the sale of building materials and lumber.

**Webmasters Note: The previous subsection (15) has been added by Ordinance No. 2-2008, effective February 13, 2008.

(16) Fast-food restaurants

(17) Drive-in banking facilities

**Webmasters Note: The previous subsections (16) and (17) have been added by Ordinance No. 22-2011, effective June 22, 2011.

B. Permitted accessory uses shall be:

(1) Uses and buildings customary and incidental to the principal use or building.

(2) Outdoor storage of materials incidental to such industrial uses as are permitted above, provided that the areas for such storage and the location and type of fencing used to separate them from other areas and screen them from view from public streets and from other nonindustrial uses as approved by the Planning Board during site plan review.

(3) A single dwelling unit or apartment dwelling unit, provided that the same is physically attached to the principal structure on the lot.

(4) Personal wireless telecommunications equipment facility not to exceed 15 feet in height. [Added 5-14-2003 by Ord. No. 20-2003]

C. Area, yard and building requirements shall be as specified in § 225-7.

D. Permitted modifications and conditional uses:

(1) Arcades subject to the following special requirements:

(a) There shall be 60 square feet of operating area for each machine. The calculation of the operating area shall exclude any area of the premises which is used for other purposes, such as for eating, toilet facilities, and other uses not directly associated with or essential to the amusement machines, but shall include access and walkways primarily serving the machines.

(b) A minimum of 1,500 square feet of operating area.

(c) A maximum total number of 40 machines.

(d) Off-street parking at a ratio of one off-street space for each two licensed machines.

(e) Adequate special parking facilities for bicycles, mopeds and motorcycles as determined by the Planning Board as part of site plan review.

(f) No such enterprise shall be located closer than 1,000 feet to a primary or secondary school, measured door to door.

**Webmasters Note: The former sections 225-38D(1) and 225-38D(3) have been deleted and the former section 225-38D(2) has been re-named 225-38D(1) by Ordinance No. 22-2011, effective June 22, 2011.

E. Other requirements shall be:

(1) Traffic control.

Only one access driveway to a public right-of-way is permitted for every 150 feet of lot frontage on said right-of-way, with a maximum of three access roads on any one public right-of-way, and shall be at least 50 feet from any property line and 100 feet from the intersection of any public roads. Measurements shall be made from the center line of the road(s) in question.

(2) Buffer area.

A.buffer area not less than 50 feet in width shall be required along any residential zone boundary line tangent or crossing lands in an RCD District, except when adjoining property in the residential zone is used for nonresidential purposes. In addition, the periphery that requires a buffer shall consist of a landscaped area with at least five-foot-high growth. All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered plantings of live trees, shrubs or other plant materials meeting the following requirements:

(a) The preservation of all natural wooded tracts, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an effective buffer, said plantings may be required.

(b) Plant materials used in screen planting shall be at least three feet in height when planted and shall be of such density as will obscure the glare of automobile headlights emitted from the premises.

(c) The screen planting shall be placed so that at maturity it will not be closer than three feet from any street line or property line.

(d) Trees shall be at least five feet in height when planted and be of balled, burlapped nursery stock and be free of insect and disease.

(e) Any plant material which does not live shall be replaced within one year or one growing season.

(f) Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.

(3) Other requirements, as specified in § 225-35E.

§ 225-39. MC Marine Commercial District.

[Amended 12-8-1982 by Ord. No. 71-1982]

The intent and purpose of the Marine Commercial Zone is to provide and encourage the development of waterfront facilities for recreational purposes and thereby provide for public access to the vast Egg Harbor waterfront area. The district is not to be construed nor is it intended to include year-round occupied residential facilities as permitted uses.

A. Permitted principal uses shall be:

(1) New and used boat sales.

(2) Marinas as defined in this chapter.

(3) Buildings for the storage, repair and construction of boats, but excluding boats designed and/or used as permanent residential facilities.

(4) Marine supply shops.

(5) Personal wireless telecommunications facility not to exceed 120 feet in height. [Added 3-14-2001 by Ord. No. 8-2001]

B. Permitted accessory uses shall be uses and buildings customary and incidental to the principal use or building, including but not limited to:

(1) Outdoor winter storage boatyards and buildings for indoor storage of boats.

(2) Retail sales of boating and fishing equipment.

(3) A single-family dwelling or apartment dwelling unit, provided that no more than two such units shall be permitted per lot.

(4) Restaurant to a marina as defined by this chapter, except that such use shall be limited to 10% of the total floor area of the principal building(s) on the lot or 2,500 square feet of floor area, whichever the lesser.

(5) Personal wireless telecommunications equipment facility not to exceed 15 feet in height. [Added 3-142001 by Ord. No. 8-2001]

C. Area, yard and building requirements, as specified in § 225-7. D. Permitted modifications and conditional uses: none. E. Other requirements shall be:

(1) A buffer strip of 25 feet in width shall be required along all property lines. The buffer strip shall consist of fencing, landscaping, earthen mounds or any combination of such. Buffer shall not apply to bulkheads, boat slips, docks, piers and mooring piles waterward of the mean high waterline. [Amended 10-12-2005 by Ord. No. 55-2005]

(2) All principal buildings shall be set back a minimum of 25 feet from any bulkhead. This shall not supersede other zoning setback requirements if they require a greater setback. [Added 3-11-1987 by Ord. No. 6-1987]

F. Prohibited uses.

Notwithstanding any prohibition or regulation set forth in this chapter or other ordinances of Egg Harbor Township, the following uses are specifically prohibited:

(1) Dance halls, discos, nightclubs and similar, wherein such facilities are open to the general public.

(2) Bars, inns and taverns and similar, wherein such facilities are open to the general public.

§225-40. M-1 Light Industrial District and R-I Restricted Industrial District.

[Amended 8-12-1981 by Ord. No. 18-1981; 12-8-1982 by Ord. No. 71-1982; 3-11-1987 by Ord. No. 6-1987; 2-24-1993 by Ord. No. 9-1993; 12-23-1996 by Ord. No. 42-1996; 3-14-2001 by Ord. No. 8-2001; 6-12-2002 by Ord. No. 35-2002]

The M-1 and R-I Districts shall be differentiated one from the other by intensity and class of permitted uses as set forth below. The M-1 District shall include all uses enumerated. The R-I District shall permit only those uses set forth in Subsection A(1) through (6), (10) and (19), all accessory and conditional uses.

**Webmasters Note: The previous paragraph has been amended by Ordinance No. 49-2008, effective November 25, 2008.

A. Permitted principal uses shall be:

(1) Manufacturing of light machinery, such as small machine parts, typewriters, calculators and other office machines.

(2) Fabrication of metal and wood products, such as baby carriages, bicycles, metal foil, metal furniture, musical instruments, sheet metal products and toys, boxes, cabinets and woodworking and furniture.

(3) Fabrication of paper products, such as bags, book binding, boxes and packaging materials, office supplies and toys.

(4) Business offices.

(5) Research laboratories comprising any of the following: biological, chemical, dental, electronic, pharmaceutical and general.

(6) The warehousing and storage of goods.

(7) Other permissible industry, comprising any of the following: brush and broom manufacturing, plastic products, utility company installations, excepting power generating facilities, electronic products, farm machinery, glass products manufacturing, jewelry manufacturing, including gem polishing, leather goods manufacturing (except curing, tanning and finishing of hides), motion-picture exchange, pharmaceutical products manufacturing, photo finishing, pottery and ceramic products manufacturing and thread and yarn manufacturing. [Amended 6-8-2005 by Ord. No. 25-2005]

(8) In addition to the above listed uses, any industrial use not inconsistent with the above may be permitted, provided that at no time shall any use permitted in this section cause or result in:

(a) Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, noise, glare or vibration beyond the boundaries of the lot on which the creator of the condition is located.

(b) Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.

(9) Farms, as defined by this chapter, including one single dwelling unit as detailed.

(10) Retail services, retail and wholesale sales.

(11) Commercial recreation.

(12) Hotels and conference centers.

(13) Education facilities, including commercial, private and public schools.

(14) Bulk laundry processing.

(15) Auction houses.

(16) Branch banks, including drive-in banking facilities. [Amended 3-10-2004 by Ord. No. 11-2004]

(17) Casino gaming equipment assembly, manufacturing, sales and service.

(18) Mail, cargo and freight delivery and distribution facilities.

(19) Personal wireless telecommunications facility not to exceed 120 feet in height. [Added 5-14-2003 by Ord. No. 20-2003]

B. Permitted accessory uses shall be:

(1) Uses and buildings customary and incidental to the principal use or building.

(2) Private garages.

(3) Cafeterias.

(4) Customary and conventional farm accessory uses not otherwise prohibited in this chapter.

(5) Day care when established as an integral component of a principal use permitted in this district.

(6) Personal wireless telecommunications equipment facility not to exceed 15 feet in height. [Added 5-14-2003 by Ord. No. 20-2003]

C. Area, yard and building requirements, as specified in § 225-7.

D. Permitted modifications and conditional uses shall be:

(1) Industrial and office parks as specified in § 225-70 and § 225-70.1.

(2) Vehicle repair subject to the special requirements in § 225-37D(4).

(3) Used auto sales and service subject to the special requirements in § 225-37D(4).

(4) Towing and storage of motor vehicles subject to the special requirements of § 225-71.1.

(5) Power generating facilities provided on a lot of 25 acres or more with a lot width of 1,000 feet or more.

[Added 6-8-2005 by Ord. No. 25-2005]

E. Other requirements shall be:

(1) Same as § 225-38E, inclusive.