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 omission to act) by which such intention is carried into effect.
It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one (1) year.
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.
(Ord. #686, S 13-4.2)
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.
(Ord. #686, S 13-4.3)
No nonconforming use shall, if once changed to a conforming use, be changed again to a nonconforming use.
No nonconforming use shall be changed to or substituted for any other nonconforming use.
(Ord. #686, S 13-4.4)
Alterations, as applied to a nonconforming structure, shall only include a change or rearrangement in the structural supports or a change in the exterior appearance of a structure.
A nonconforming 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 structure is changed to conform to the requirements of this Chapter.
A nonconforming structure may not be enlarged, extended, increased in height, width or depth, moved or relocated, modified in such a way so as to increase habitable or useable space, number of dwelling units or number of bedrooms; unless such structure is changed to a structure conforming to the requirements of this Chapter except that an existing one or two (2) family structure (principal or accessory) may be enlarged, extended or added to provided:
a. The structure is located on a lot which conforms to minimum lot area requirements; and
b. The enlargement, extension or addition conforms to all yard requirements; or
c. The portion of the enlargement, extension or addition which does not conform to yard requirements consists entirely of the enclosure of existing side or rear porches; or
d. The portion of the enlargement, extension or addition which does not conform to yard requirements is located entirely to the rear of the existing nonconforming structure; has a side yard setback not less than the existing nonconforming structure and conforms to all other bulk requirements.
Accessory structures may not be constructed on nonconforming lots and; or on lots which contain a nonconforming principal structure unless:
b. A single or two (2) family principal residential building exists on the lot.
c. The new accessory structure conforms to all requirements of this Chapter for accessory buildings and uses.
(Ord. #686, S 13-4.5; Ord. #1988-21, S 2)
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a Building Permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this Chapter. (Ord. #686, S 13-4.6)
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. #686, S 13-4.7)
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. #686, S 13-5.1)
Except as herein otherwise provided:
a. No building shall be erected and no existing building; shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used, for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
b. No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the zone in which such building or open space is located.
c. No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure, shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this Chapter.
d. No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located, or unless a variance has been granted therefrom.
e. No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.
f. All proposed underground structures, separate or connected to an above ground structure, shall comply to the setback requirements (in a particular zone). If an underground structure breaks an imaginary vertical plane extending downward at the setback line, the underground structure shall be considered in violation of the Zone District setback requirement.
(Ord, #686, S 13-5.2)
Wherever the depth of lots is established by existing street patterns in any residential zone, the depth requirements of the zone shall be waived as long as all setback lines are maintained. (Ord. #686, S 13-5.3)
a. Every principal structure shall be built upon a lot with frontage upon a public street improved to meet the Township 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.
b. Where a building lot has frontage on a street, which the Master Plan or the Official Map of the Borough indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.
(Ord. #686, S 13-5.4)
a. No yard or other open space provided around any structure for the purpose of complying with the provisions of this Chapter, shall be considered as providing a yard or open space for any other structures, and no yard or other open space on one lot shall be considered as providing a yard or open space for a structure 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 they are located except:
1. Lots with frontage on more than one (1) street, which are not corner lots, may have a front and rear designated by the owner subject to:
(a) If the lot contains a principal structure the front will be considered the direction the principal structure faces.
(b) If the lot does not contain a principal structure and only one (1) street frontage conforms to lot frontage requirements, the yard abutting the conforming street frontage will be considered the front yard.
2. The designated rear yard of a lot with frontage on more than one (1) street shall be considered a rear yard for the purposes of this Chapter, except for the area within the depth of the required minimum front yard determined as follows:
(a) Not less than the lesser of the setback of existing principal structures on any adjacent lots (but not less than ten (10') feet) or the minimum front yard required by the zone district.
(b) Not more than the minimum front yard required by the zone district.
3. On all corner lots, all yard areas outside of the minimum front yard area determined from subsection 25-5.6a, and not between a principal structure and any street.
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. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard providing the total area of all such porches, which extend into such yards, does not exceed one hundred (100) square feet.
(Ord. #686, S 13-5.5; Ord. #1989-10, S I; Ord. #1998-7, S 1)
a. On all corner lots, the minimum depth of all front yards shall not be less than the minimum front yard required in the zone district except:
1. The provisions of this subsection will not be applied to reduce the buildable width of any lot less than one hundred (100') feet wide to less than fifty (50%) percent of its width; however, no front yard of any corner lot may be reduced to less than twenty (20') feet by application of this subsection.
2. Where the corner lot abuts interior lots located in any adjoining zone (which adjoining zone also permits the use(s) proposed or existing on the corner lot), structures on the corner lot may assume the minimum front yard requirements of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the corner lot and the proposed principal building on the corner lot is to be situated within one hundred (100') feet of the adjacent zone.
3. For the purpose of erection of walls, hedges and fences and other accessory structures related to existing or proposed one or two family uses, the required minimum front yard shall be the lesser of the existing setbacks of the principal structure (but not less than ten (10') feet) or the front yard set back required by the zone district.
b. On all corner lots, all areas outside of the minimum front yard area determined from subsection 25-5.6a and not between a principal structure and any street line may be considered side or rear yards for the purposes of this Chapter.
c. Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered side lines.
d. Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered rear lines.
e. Lot lines of corner lots, that are coexistent with lot lines of adjoining corner lots, shall be considered side lines.
(Ord. #686, S 13-5.6; Ord. #1989-10, S I)
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 street line located twenty-five (25') feet from the intersection of the street lines. (Ord. #686, S 13-5.7)
Unless otherwise specified in this Chapter, accessory structures shall conform to the following regulations as to their locations on the lot.
a. An accessory structure attached to a principal building shall comply in all respects with the yard requirements of this Chapter for the principal structure. Detached accessory structures shall be located in other than a front yard, and if located in a side or rear yard area, shall be set back at least eight (8') feet from all lot lines if not otherwise provided in the Zone District Regulations, except that storage sheds containing less than one hundred (100) square feet of floor area may be located not less than three (3') feet from any side or rear lot line.
b. Accessory structures may occupy not more than twentyfive (25%) percent of the rear or side yard area in any residential zone, provided that such structures shall not exceed sixteen (16') feet in height.
c. No detached accessory structure, in any residential zone, shall be less than five (5') feet from the principal building.
d. The maximum size of an accessory structure shall be five hundred (500) square feet. Any accessory structure exceeding five hundred (500) square feet shall be considered a principal structure.
e. No accessory structure shall contain living space other than for domestic employees of the owner or tenant, which domestic employees are actively employed on the premises as their primary livelihood.
f. Accessory structures must be located on the same lot as the principal use to which they are accessory.
(Ord. #686, S 13-5.8; Ord. #1989-10, S 1; Ord. No. 1999-6 S2)
Any lot utilized for single family or two (2) family dwelling purposes shall not contain more than one (1) principal structure. (Ord. #686, S 13-5.9)
The provisions of this Chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations, which require a structure 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. #686, S 13-5.10)
Where two (2) or more lots, created by the filing of a map pursuant to the Map Filing Law prior to the establishment of the Borough 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 or an approved subdivision in accordance with the provisions of this Chapter. (Ord. #686, S 13-5.11)
a. No structure shall extend higher than the limit provided in each zone created hereunder for structure height.
b. The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy, or the parapets, walls or cornices extending not more than four (4') feet above the structure height limit.
c. The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tanks, stair towers, fly towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a structure, except that the same may exceed said height limitation by not more than fifteen (15') feet, or in the case of fly towers, twenty (20') 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 antennas and flag poles may exceed the height limits created hereunder by not more than fifteen (15') feet.
(Ord. #686, S 13-5.12; Ord. #1999-6, S 3)
Wherever feasible all of the following shall be preserved in its natural state:
a. Floodway areas.
b. Areas containing a significant number of specimen trees determined by the Environmental Commission or the Municipal Agency.
c. Existing water courses, ponds, marshes and swamps.
d. Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
(Ord. #686, S 13-5.13)
