ARTICLE IV - District Regulations
§190-11. Conformity with provisions.

No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street.

§190-12. AR Agricultural Residential District.

[Amended 3-3-1978 by Ord. No. 1-1978; 5-30-1979 by Ord. No. 8-1979; 8-6-1982 by Ord. No. 16-1982]

A. Purpose. The purpose of the AR District is to help preserve the agricultural character of Pemberton Township. Recognizing the high level of agricultural land use within this area, this district is designed to provide for continued agriculture in areas with soils of superior farmland value.

B. Principal permitted uses on the land and in buildings.

(1) Agriculture.

(2) Agricultural employee housing as an element of and accessory to an active agricultural operation.

(3) Detached dwelling units.

(4) Forestry.

(5) Agricultural and commercial establishments. [Amended 4-6-1989 by Ord. No. 11-1989]

(6) In the Pinelands Area, agricultural products processing facilities. Outside the Pinelands Area, only the processing of crop products, such as cranberries, blueberries, tomatoes, corn and the like, where the product is crop oriented and harvested on site, shall be permitted; specifically excluded from these uses and prohibited in the non-Pinelands portion of this district are olive processing plants; tanneries; wool pulling or scouring facilities; smoking, curing and/or canning of fish; slaughterhouses; commercial piggeries; processing and treating of animal skins and/or animal parts; and such other activities as a similar to those expressly prohibited herein. [Amended 6-5-1997 by Ord. No. 15-1997; 8-20-1998 by Ord. No. 9-1998]

(7) Roadside retail sales and service establishments.

(8) Public service infrastructure. Centralized wastewater treatment and collection facilities shall be permitted to service the Agricultural Residential District only in accordance with § 190-50H(2)(b). [Amended 4-6-1989 by Ord. No. 11-1989; 2-5-1998 by Ord. No. 35-1997]

(9) Residential dwelling units on lots of 3.2 acres within the Pinelands Area, in accordance with § 190-50P. [Amended 4-6-1989 by Ord. No. 11-1989]

(10) [Added 4-6-1989 by Ord. No. 11-1989] Low-intensity recreational uses, provided that:

(a) The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

(b) The recreational use does not involve the use of motorized vehicles except for necessary transportation.

(c) Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

(d) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(e) No more than 1% of the parcel will be covered with impervious surfaces.

(11) [Added 4-6-1989 by Ord. No. 11-1989; amended 4-3-1997 by Ord. No. 1-1997] Residential dwelling units at a gross density of one unit per 40 acres, provided that:

(a) The units shall be clustered on one-acre lots.

(b) The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel.

(c) The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.

(12) Residential dwelling units on lots of 1.0 acre in accordance with § 190-50Q. [Added 9-16-1993 by Ord. No. 11-1993]

C. Accessory uses permitted.

(1) Farm accessory uses, provided that temporary housing facilities for farm workers actually working on the farm are occupied only on a seasonal basis, do not include mobile homes, tents or trailers and meet all state, county and township rules and regulations, and provided further that if a building containing such dwelling quarters is located so that it can be subdivided and sold separately from the main building, its lot shall conform to all provisions for a principal building.

(2) Private residential swimming pools (see § 190-46 for standards).

(3) Up to two residential tool sheds, each not to exceed two hundred (200) square feet in floor area and ten feet in height.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

(4)Travel trailers and campers to be parked or stored only and located in rear and side yards only. Their dimensions shall not be counted in determining total building coverage and they shall not be used for temporary or permanent living quarters while situated on the lot.

(5)Off-street parking and private garages (see § 190-38).

(6)Fences and walls (see § 190-34).

(7)Home occupations of a medical doctor, attorney, dentist, architect, engineer, real estate agent, insurance broker or similar professional use.

(8)Residential agriculture.

(9) Decks (as defined and permitted in § 190-5).

**Webmasters Note: The previous subsection has been added as per Ordinance No. 18-2001.

D. Maximum building height. No building shall exceed 30 feet in height and 2.5 stories, except that churches, schools and barns shall not exceed 55 feet, and except further as allowed in § 190-54.

E. Area and yard requirements.

(1)Notwithstanding the minimum lot areas set forth in the Schedule of Area and Yard Requirements, no such minimum lot area for a nonresidential use within the AR Zone shall be less than that needed to meet the water quality standards of 190-50H(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system. [Added 4-6-1989 by Ord. No. 11-1989]

F. Floor area minimums.

G. Cluster single-family developments. In the AR District, when two or more lots are proposed during any three-year period, mandatory clustering is required. Based on the overall density of six acres per unit, residential lots shall be reduced to one acre and should be located to avoid areas of prime farmland, to the greatest extent practicable. In any case, no more than one six-acre lot may be created during any three-year period. [Amended 5-6-1983 by Ord. No. 7-1983]

H. Minimum off-street parking.

(1)Two spaces per dwelling unit.

(2)Churches shall provide one space per every five permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

(3)Schools shall provide one space per employee for grades kindergarten through tenth grades, two and one-half (2 1/2) spaces per employee for grades eleven and twelve and in all cases sufficient space for school bus loading and unloading.

(4) School administrative facilities shall provide one space for each 600 square feet of gross floor area or fraction thereof.

(5) Public utility buildings and uses shall provide one space for each two employees stationed at the use, but in no case less than two spaces in total.

(6) Home occupations shall provide a minimum of one space per 200 square feet of gross floor area or fraction thereof devoted to the home occupation.

(7) Agricultural and roadside retail sales facilities shall provide one space for each 100 square feet of gross sales area.

(8) See § 190-38 for additional standards.

I. Minimum off-street loading.

All nonresidential uses shall show properly dimensioned loading space(s) on the site plans as appropriate for the proposed use and separate from off-street parking areas.

J. Signs.

(1)Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "private property," "no hunting" or similar signs are permitted but are not to be considered in calculating sign area.

(2)Churches: one freestanding sign not exceeding 12 square feet, plus one attached sign not exceeding 25 square feet.

(3)Public utilities: one freestanding sign not exceeding 12 square feet.

(4)Schools and school administrative buildings: one sign not exceeding 25 square feet.

(5)Home occupations: one sign not exceeding four square feet either attached to the structure or freestanding.

(6)One temporary, nonlighted sign advertising the sale or lease of a property or structure.

(7)See § 190-41 for additional standards.

§190-13. AP Agricultural Production District.

[Added 8-6-1982 by Ord. No. 16-1982]

A. Purpose. The purpose of the Agricultural Production District is to limit the impact of nonagricultural land uses and conserve the unique and prime soils in this area for continued agricultural use.

B. Principal permitted uses on the land and in buildings.

(1)Residential dwelling units on lots of 3.2 acres, in accordance with § 190-50P. [Amended 4-6-1989 by Ord. No. 11-1989]

(2)[Amended 4-6-1989 by Ord. No. 11-1989] Residential dwelling units not to exceed a gross density of one unit per 10 acres, provided that:

(a)The dwelling is accessory to an active agricultural operation.

(b)The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation.

(c)The dwelling is to be located on a lot which is under or qualified for agricultural assessment.

(d)The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area.

(e)A residential lot has not been subdivided from the property within the previous five years, unless the lot has been subdivided pursuant to 190-50P of this chapter. [Amended 9-16-1993 by Ord. No. 11-1993]

(f) No more than one lot may be created for a dwelling pursuant to this subsection at any one time. [Added 9-16-1993 by Ord. No. 11-1993]

(3)Agriculture.

(4)Agricultural employee housing as an element of and accessory to an active agricultural operation.

(5) Forestry.

(6) Low-intensity recreational uses, provided that:

(a) The parcel proposed for low-intensity recreational use has an area of at least 50 acres.



(b) The recreational use does not involve the use of motorized vehicles except for necessary transportation.

(c) Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

(d) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(e) No more than 1% of the parcel will be covered with impermeable surfaces.

(7) [Amended 4-6-1989 by Ord. No. 11-1989] Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:

(a) The principal goods or products available for sale were produced in the Pinelands.

(b) The sales area of the establishment does not exceed 5,000 square feet.

(8) In the Pinelands Area, agricultural products processing facilities. Outside the Pinelands Area, only the processing of crop products, such as cranberries, blueberries, tomatoes, corn and the like, where the product is crop oriented and harvested on site, shall be permitted; specifically excluded from these uses and prohibited in the non-Pinelands portion of this district are olive processing plants; tanneries; wool pulling or scouring facilities; smoking, curing and/or canning of fish; slaughterhouses; commercial piggeries; processing and treating of animal skins and/or animal parts; and such other activities as a similar to those expressly prohibited herein. [Amended 6-5-1997 by Ord. No. 15-1997; 8-20-1998 by Ord. No. 9-1998]

(9) Public service infrastructure. Centralized wastewater treatment and collection facilities shall be permitted to service the Agricultural Production District only in accordance with § 190-50H(2)(b). [Amended 4-6-1989 by Ord. No. 11-1989; 4-3-1997 by Ord. No. 1-1997]

(10) Airports and heliports which are accessory to agricultural uses and are used exclusively for the storage, fueling, loading and operation of aircraft as a part of an ongoing agricultural operation. No portion of any such facility shall be closer than 500 feet to any property line.

(11) Fish and wildlife management.

(12) Pinelands development credits (see § 190-50M).

(13) [Added 4-6-1989 by Ord. No. 11-1989; amended 4-3-1997 by Ord. No. 1-1997] Residential dwelling units at a gross density of one unit per 40 acres, provided that:

(a) The units shall be clustered on one-acre lots.

(b) The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel.

(c) The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.

(14) Residential dwelling units on lots of 1. 0 acre in accordance with § 190-50Q. [Added 9-16-1993 by Ord. No. 11-1993]

C. Accessory uses permitted.

(1) Farm accessory uses, provided that temporary housing facilities for farm workers actually working on the farm are occupied only on a seasonal basis, do not include mobile homes, tents, trailers and meet all state, county and township rules and regulations, and provided further that if a building containing such dwelling quarters is located so that it can be subdivided and sold separately from the main building, its lot shall conform to all provisions for a principal building.

**Webmaster's Note: The previous is current through Supplement dated 10-20-98.

(2) Private residential swimming pools (see § 190-46 for standards).

(3) Up to two residential tool sheds, each not to exceed two hundred (200) square feet in floor area and tell feet in height.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 18- 2001.

(4) Travel trailers and campers to be parked or stored only and located in rear and side yards only. Their dimensions shall not be counted in determining total building coverage and they shall not be used for temporary or permanent living quarters while situated on the lot

(5) Off-street parking and private garages (see § 190-38)

(6) Fences and walls (see § 190-34).

(7) Home occupations of a medical doctor, attorney, dentist, architect, engineer, real estate agent, insurance broker or similar professional use

(8) Residential agriculture.

(9) Decks (as defined and permitted in § 190-5).

**Webmasters Note: The previous subsection has been added as per Ordinance No. 18-2001.

D. Maximum building height. No building shall exceed thirty (30) feet in height and two and five-tenths (2 5) stories, except that churches, schools and barns shall not exceed fifty-five (55) feet, and except further as allowed in 190-54

E.Area and yard requirements

(1) Notwithstanding the minimum lot areas set forth in the Schedule of Area and Yard Requirements, no such minimum lot area for a nonresidential use in the AP Zone shall be less than that needed to meet the water quality standards of 190-50H(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system [Added 4-6-1989 by Ord. No. 11-1989]

F. Floor area minimums

G. Minimum off-street parking,

(1) Two (2) spaces per dwelling unit

(2) Churches shall provide one (1) space per every five (5) permanent seats [One (1) seat shall be considered twenty-two (22) inches in calculating the capacity of pews or benches]

(3) Schools shall provide one (1) space per employee for grades kindergarten through tenth grades, two and one-half (21/2) spaces per employee for grades eleven and twelve and in all cases sufficient space for school bus loading and unloading

(4) School administrative facilities shall provide one (1) space for each six hundred (600) square feet of gross floor area or fraction thereof

(5) Public utility buildings and uses shall provide one (1) space for each two (2) employees stationed at the use, but in no case less than two (2) spaces in total

(6) Home occupations shall provide a minimum of one (1) space per two hundred (200) square feet of gross floor area or fraction thereof devoted to the home occupation

(7) Agricultural commercial establishments shall provide one (1) space for each one hundred (100) square feet of gross sales area

(8) See § 190-38 for additional standards.

H. Minimum off-street loading All nonresidential uses shall show properly dimensioned loading space(s) on the site plans as appropriate for the proposed use and separate from off-street parking areas

I. Signs



(1) Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "private property," "no hunting" or similar signs are permitted but are not to be considered in calculating sign area

(2) Churches one (1) freestanding sign not exceeding twelve (12) square feet, plus one (1) attached sign not exceeding twenty-five (25) square feet

(3) Public utilities one (1) freestanding sign not exceeding twelve (12) square feet

(4) Schools and school administrative buildings. one (1) sign not exceeding twenty-five (25) square feet.

(5) Home occupations one (1) sign not exceeding four (4) square feet either attached to the structure or freestanding

(6) One (1) temporary, non-lighted sign advertising the sale or lease of a property or structure

(7) See § 190-41 for additional standards