The purpose of these provisions is to provide direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts. Deviation from the standards of this section will only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70. (Ord. #1045, §7.1)

Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Borough or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this Chapter. (Ord. #1045, §7.2)

Except as otherwise provided in this Chapter the lawful use of the land or a building existing at the date of the adoption of this Chapter may be continued although such use or building does not conform to the regulations specified by this Chapter for the zone in which such land or building is located; provided, however, that:

a. No nonconforming lot shall be further reduced in size.

b. No nonconforming building or structure shall be enlarged, extended or increased unless such enlargement is conforming.

c. No nonconforming use may be expanded.

d. Abandonment of Nonconforming Use. A nonconforming use shall be deemed to be abandoned where there is (1) an intention to abandon as well as (2) an external act or failure to act by which such intention is carried into effect.

It shall be evidence that a nonconforming use has been abandoned if (i) cessation of such use on the part of a tenant or owner has occurred for a continuous period of at least one (1) year; (ii) foreclosure of a mortgage on the property has occurred; (iii) the municipal taxes are delinquent or unpaid; (iv) the property has not been maintained in a condition that would qualify for a certificate of occupancy; (v) the utilities have been disconnected and/or utility meters have been removed; (vi) the property owner has been convicted of violations of Keansburg's Property Maintenance Code; or (vii) Keansburg has been required to enter the property for reasons of health or public safety due to property maintenance violations. This list is not exclusive and other evidence of abandonment may exist.

When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this Chapter.

e. Restoration of a Nonconforming Building or Structure. If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except in conformity with this Chapter.

Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.

Nothing in this Chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.

f. Certification of Pre-existing Nonconforming Uses, Buildings and Structures. Upon application, the Administrative Officer (Zoning Officer), or the Board of Adjustment may issue a certificate in accordance with Section 22-3, subsection 22-3.4d,3., certifying the legality of a pre-existing nonconforming use, building, or structure.

g. Alterations, Additions, and Nonconforming Lots.

1. Alterations. Alterations, as applied to a nonconforming building or structure shall only include a change or rearrangement in the structural supports or a change in exterior appearance.

A.nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, fifty (50%) percent of the assessed value of the structure as recorded in the records of the Tax Assessor. More substantial alterations are not permitted unless the building or structure is changed to conform to the requirements of this Chapter.

2. Additions; Enlargements; Extensions. A nonconforming building or structure may not be enlarged, extended, increased in height, width or depth; moved or relocated; or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms; unless it is changed to conform to the requirements of this Chapter except that an existing use (principal or accessory) may be enlarged, extended, added to, or constructed provided:

(a) It is a permitted use within the zone district and at the time and since the adoption of the Zoning Ordinance making such lot nonconforming the owner of the lot did not own any adjoining property;

(b) The enlargement, extension, addition, or construction conforms to all yard requirements; and

(c) The total floor area ratio which will result from the proposed enlargement, extension, addition, or construction will not exceed the maximum total floor area ratio allowed in each zone, as found in the Schedule of Zoning District Regulations.

3. Nonconforming Lots. Accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:

(a) At the time and since the adoption of the Zoning Ordinance making such lot nonconforming the owner of the lot did not own an adjoining property.

(b) The new accessory structure or building conforms to all requirements of this Chapter for accessory buildings and uses.

h. Prior Approved Construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from the date of the adoption of this Chapter.

1. District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this Chapter shall also apply to any nonconforming uses existing therein or created thereby. (Ord. #1045, §7.3; Ord. #1267, §1; Ord. #1454)

a. On all corner lots, the depth of all yards abutting on streets, shall not be less than the minimum front yard depth required.

b. Lot lines of corner lots, that are coexistent with side lines of abutting lots, shall be considered side lines.

c. Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered rear lines.

d. Lot lines of corner lots, that are coexistent with lot lines of adjoining corner lots, shall be considered side lines.

e. Paragraphs b, c, and d above notwithstanding, each corner lot must maintain a rear yard setback for at least one yard area other than a front yard.

f. Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the Schedule of Yard, Area, and Building Requirements. (Ord. #1045, §7.4)

Unless more stringent regulations are provided by other provisions of this Chapter, at the intersection of two (2) or more streets, no hedge, fence, screening strip or wall higher than thirty (30") inches above curb level, nor any obstruction to vision, other than a post not exceeding one (1') foot in diameter, shall be permitted on any lot within the triangular area formed by two (2) intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each line located twenty-five (25') feet from the intersection of the street lines. (Ord. #1045, §7.5)

Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipal requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this Chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36. (Ord. #1045, §7.6)

a. No yard or other open space provided around any building for the purpose of complying with the provisions of this Chapter, shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

b. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located.

c. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than twenty-four (24") inches, unless otherwise permitted by this Chapter. (Ord. #1045, §7.7)

Unless otherwise specified in this Chapter on the zone district schedule, accessory buildings and structures shall conform to the following regulations as to their locations on the lot:

a. An accessory building or structure attached to a principal building shall comply in all respects with the yard requirements of this Chapter for the principal building. Detached accessory buildings shall be located in other than a front yard, and if located in a side or rear yard area, shall be set back three (3) feet from any property line.

b. No detached accessory building, in any residential zone, shall be less than five (5') feet from the principal building.

c. No accessory building which is intended to be occupied for dwelling purposes shall be constructed before the principal building.

d. Accessory buildings must be located on the same lot as the principal use to which they are accessory.

e. No accessory building shall be used for residential purposes by any person or persons, including members of the family of the occupants of the principal building, except by domestic servants or others employed on the premises by the occupant of the principal building.

f. Within a residential zone district, an entry driveway, or a walkway may cross a front yard area or rear yard. Within a nonresidential zone district, entry driveways and walkways may cross a front yard area. However, within a nonresidential zone district, driveways shall otherwise adhere to the yard requirements for accessory structures. Walkways in a nonresidential zone may be located in a yard area but they shall not encroach into any required buffer.

g. No credit as off-street parking space shall be given to any driveway area which is nearer than twenty (20') feet to a front property line. (See Section 22-9, subsection 22-9.3, Off-Street Parking).

h. A porch, deck, patio, or similar structure designed to adjoin or as part of the principal building shall in all cases conform to the yard requirements for the principal building except where the structure has no roof and is constructed not more than one (1') foot above grade, it shall adhere to the yard requirements for an accessory structure.

1. Construction of any accessory buildings exceeding one hundred (100) square feet shall require permits to be issued from the Construction Official.

j. A fee of twenty-five ($25.00) dollars shall be paid to the Borough of Keansburg for a permit to allow for the installation of any accessory buildings one hundred (100) square feet or less. (Ord. #1045, §7.8; Ord. #1409, §1; Ord. #1488)

a. No principal or accessory structure shall be located closer than fifty (50') feet to any street line or twenty-five (25') feet to other property lines, except that buildings for boat construction, repair or maintenance shall not be located closer than fifty (50') feet to any property line.

b. Boats shall not be stored or displayed closer than thirty-five (35') feet to any street line or twenty (20') feet to any other property line.

c. No railway or other launching facility shall be located closer than twenty (20') feet to any property line.

d. Adequate utilities shall be supplied to each boat slip including electricity, lighting and water supply and sewerage.

e. Required parking areas may be utilized for outdoor boat storage from October through April.

f. Minimum upland lot areas shall be fifteen thousand (15,000) square feet.

g. Signs shall be permitted as specified for the zone in which the use is proposed. (Ord. #1045, §7.9)

The provisions of this Chapter shall not apply to customary underground essential services as defined except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground or any other above ground appurtenance of any type more than forty (40') feet high, shall require approval as a conditional use subject to the provisions of this Chapter. (Ord. #1045, §7.10)

Where two (2) or more lots, created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this Chapter and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this Chapter. (Ord. #1045, §7.11)

a. No structure shall extend higher than the limit provided in each zone created hereunder for building height.

b. The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy, or to parapets, walls or cornices extending not more than four (4') feet above the building height limit.

c. The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tank, stair towers, elevators towers, appurtenances usually carried above the antennae attached to a building, except that the same may exceed said height limitations by not more than fifteen (15') feet except that skylights, heating and air conditioning equipment and ventilators may exceed the height limitation by no more than ten (10') feet. Such features shall not exceed, in total coverage, ten (10%) percent of the total roof area.

d. Free-standing, noncommercial radio and television antennae and flag poles may exceed the height limits created hereunder by not more than fifteen (15') feet. (Ord. #1045, §7.12)

No fill in excess of ten (10) cubic yards shall be placed on any property within the Borough of Keansburg, nor shall any soil be removed from any property within the Borough of Keansburg without the prior approval of the Borough. Approval of a site plan or subdivision showing such filling or removal or approval of grading plan by the Construction Official and/or the Planning Board or Borough Engineer shall constitute such prior approval of the Borough. (Ord. #1045, §7.13)

Solid wastes and recyclables from single and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers.

Such receptacles shall not be stored or placed within any front yard area prior to the time at which materials are permitted to be placed at the curb lines for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. (Ord. #1045, §7.14)

No nonresidential use shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this Chapter. (Ord. #1045, §7.15)

a. Retail and/or wholesale business uses shall not permanently display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the Planning Board.

b. Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business included within a structure located on the site, unless in accordance with a permit or other approval issued therefor by the Municipality. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for the same out of doors shall not be permitted in any zoning district within the municipality except in accordance with paragraph d. below.

c. Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five (5) such sales per year nor shall any one sale exceed one week in duration.

d. Temporary flea markets and sales operated by nonprofit groups such as churches may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than five (5) such sales per year nor shall any one sale exceed one week in duration.

e. Coin operated vending machines shall not be located further than two (2') feet from a related business structure.

f. Goods for sale, displayed or stored outdoors, shall not be located closer than twenty-five (25') feet to any street right-of-way or fifteen (15') feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.

g. Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and by nonprofit groups in zones as provided in Section 22-5 of these regulations. Such sales shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless adequate off-street stopping space or maneuvering space for vehicles of customers can be provided and it can be demonstrated that the temporary use will not interfere with others on the site. Each such use shall be permitted to have one freestanding sign, no larger than twelve (12) square feet in area, no closer to any property line than ten (10') feet, and exceeding eight (8') feet in height. Such signs shall be temporary and shall be removed from the property on which the sales are being conducted no later than December 31. (Ord. #1045, §7.16)

a. Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.

b. The types of construction not considered to be residential in character include store front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), and unfinished concrete blocks or cinder block wall surfaces. (Ord. #1045, §7.17)

The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single family properties provided that:

a. Travel trailer, camper or small boat shall not exceed twenty-eight (28') feet in length and eight (8') feet in width.

b. Only one such travel trailer or camper, and one small boat shall be permitted to be stored outdoors at any single family residence.

c. Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.

d. Permanent or temporary overnight occupancy or use of a trailer, travel-trailer, motor home, boat or recreational vehicle is not permitted in any zone. (Ord. #1045, §7.18)