[Amended 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97]

Notwithstanding the use restrictions contained in this chapter, any use existing on January 14, 1981 that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those use which are expressly limited in Article XV of this chapter, may be expanded or altered provided that:

A. The use was not abandoned or terminated subsequent to January 14, 1981;

B. The expansion or alteration of the use is in accordance with all of the minimum standards of Article XV of this chapter; and

C. The area of expansion does not exceed fifty percent (50%) of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981 or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

[Amended 12-21-83 by Ord. No. 021-83; 2-25-97 by Ord. No. 0-2-97]

Notwithstanding the density limitations or other provisions of this chapter, a single family dwelling may be developed on a parcel of land of one (1) acre or more in the PR-1, PRC and PA Districts, provided that:

A. The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

B.. The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;

C.. The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and

D. The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

[Added 4-24-85 by Ord. No. 0-17-85; amended 5-22-85 by Ord. No. 0-19-85]

Notwithstanding any other provisions of this chapter, the owner of a parcel of land located in the Pinelands Area of the township shall be deemed exempt from the bulk regulations of the zoning district in which the parcel of land is situated, provided that the owner of such land has obtained approval of a waiver of strict compliance permitting development of a single-family dwelling on that parcel from the Pinelands Commission and has filed a certified true copy of such waiver approval with the Construction Official of the Township of Winslow along with documentation that a duplicate application for development has been submitted to the Pinelands Commission pursuant to § 40-39 of the Code of the Township of Winslow. The development of the lot shall conform to the requirements of the waiver of strict compliance.

[Added 3-22-89 by Ord. No. 0-17-89; Amended 5-24-89 by Ord. No. 0-27-89; 8-23-89 by Ord. No. 0-41-89; 2-25-97 by Ord. No. 0-2-97]

Residential dwelling units on three and two-tenths (3.2) acre lots may be permitted in the PP, PRC, or PA Districts, provided that:

A. The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

B. The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five (5) years;

C. The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and

D. The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five (5) years and that person or one (1) or more members of that person's immediate family has resided in the Pinelands for a total of at least twenty (20) different years.

[Added 7-20-93 by Ord. No. 0-20-93]

Residential dwelling units on one (1.0) acre lots may be permitted in the PP, PRC, PA, PR-1 or PR-5 Districts, provided that:

A. The applicant satisfies all of the requirements set forth in Section 296-9.2 of this chapter;

B.. The lot to be developed existed as of February 8, 1979 or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1991;

C. The applicant qualifies for and receives from the township a variance from the three and two-tenths (3.2) acre lot size requirement set forth in Section 296-9.2 of this chapter;

D.. The applicant purchases and redeems twenty-five hundredths (0.25) Pinelands Development Credits; and

E.. Any Pinelands Development Credits allocated to the lot to be developed are reduced pursuant to Section 296-66.D of this chapter.

[Added 7-20-93 by Ord. No. 0-20-93]

Residential dwelling units on one (1.0) acre lots existing as of January 14, 1981 shall be permitted in the PRC, PR-1 and PR-5 Districts, provided that:

A. The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least twenty-seven (27) acres if development is proposed in the PRC District and at least three and two-tenths (3.2) acres if development is proposed in the PR-1 or PR-5 Districts;

B. All lands acquired pursuant to Subsection A above, which may or may not be developable, are located within the same zoning district where development is proposed;

C. All noncontiguous lands acquired pursuant to Subsections A and B above are permanently dedicated as open space through recordation of a deed to the property with no further development permitted except agriculture, forestry and low intensity recreational uses. Any such deed restrictions shall be in a form to be approved by the township solicitor and the Pinelands Commission;

D. Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and

E. The lot proposed for development otherwise meets the minimum standards of Article XV of this chapter.

A. The height limitations set forth in the Schedules of Area, Yard and Bulk Requirements shall not apply to any of the following structures, provided that such structures-are compatible with uses in the immediate vicinity: antennas which do not exceed a height of two hundred (200) feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. Antennas which do not exceed a height of sixty-three (63) feet (rather than two hundred (200) feet) and which are accessory to an otherwise permitted use may be considered exempt from normal height limitations. [Amended 4-28.98 by Ord. No. 0-8-98]

B. The height limitation set forth in the Schedules of Area, Yard and Bulk Requirements shall also not apply to the antenna and any supporting structure of a local communication facility of greater than thirty-five (35) feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

Notwithstanding the requirements contained in this chapter or any other chapter of the Code of the Township of Winslow, pertaining to side yard setbacks in any residential zone located within the township, a variance pertaining to a side yard setback shall not be required where a property owner proposes to construct an addition onto an existing residential structure if the following conditions exist:

A. The residential structure was originally constructed pursuant to regulations for zero lot line single family detached dwellings subject to a zero (0) side yard setback requirement or a three (3) foot side yard setback requirement; and

B. The proposed addition is in compliance with the schedule of area, bulk and height requirements in effect at the time the structure was originally constructed; and

C. The property owner can demonstrate to the Construction Code Official and/or Zoning Officer that the residential structure satisfied the schedule of area, bulk and height requirements in effect at the time said home was originally constructed.

Notwithstanding the requirements contained in this chapter or any other chapter of the Code of the Township of Winslow, in any zone containing structures for residential use located within the township, utility sheds not exceeding one hundred (100) square feet of the type which do not require issuance of building permits under the Uniform Construction Code, shall be permissible in any side or rear yard provided:

A. The property owner can demonstrate in an application to be submitted to the Zoning Officer that the proposed utility shed is in accordance with all area, yard and bulk requirements for accessory buildings in such zone.

[Added 11-17-98 Ord. No. 0 22-98; amended 2-23-99 by Ord. No. 0.2-99]

A. Definition of institutional use. An institutional use shall be defined as set forth in Article II, Section 294-10, of Chapter 294 and Article I, Section 296-7, of Chapter 296 of the Township Code.

B. Permitted use. Institutional uses shall be permitted in every zoning district established in Chapter 294, Section 294 and Chapter 296, Section 296-3 of the Code of the Township of Winslow except in Pinelands Preservation (PP) and Pinelands Agricultural (PA) zoning districts.