Pursuant to N.J.S.A. 40:55D-62 et. seq., the Zoning Ordinance of the Township of Roxbury adopted December 16, 1965, as amended, including every Amendment thereof, theretofore passed is hereby further amended in its entirety so that same shall read as follows:
In their interpretation and application, the provisions of this Article shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare, consistent with the purposes set forth at N.J.S.A. 40:55D-2. Any deviations proposed from the use and bulk requirements of this Article shall require a variance pursuant to N.J.S.A. 40:55D-70c or d or N.J.S.A. 40:55D-60a.
It is not intended by this Article to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other ordinances except those specifically repealed by this Chapter; or with private restrictions placed upon property by deed, covenant, or other agreements. However, where this Article imposes a greater restriction upon land, buildings or structures than is imposed by existing provisions of this Ordinance, contract or deed, the provisions of this Article shall control.
For the purpose of this Ordinance, the Township of Roxbury is hereby divided into 27 districts known as:
R-1 Residence District
R-1.8 Residence District
R-2 Residence District
R-2.5 Residence District
R-3 Residence District
R-4 Residence District
R-5 Multiple Family Residence District
R-6 Residence District
AH-2 Affordable Housing Residence District
AH-3 Affordable Senior Citizen/Multi-Family Housing/Business Zone
AH-3A Affordable Housing Residence Zone
AH-3B Townhouse/Manor Home Zone
R-R Rural Residence District
RR-5 Rural Residence District
OS Open Space District
GU Government Use District
PO/R Professional Office/Residential District
B-1 Limited Business District
B-1A Limited Business District
B-2 Highway Business District
B-3 Planned Shopping Center District
FOB Office Building District
MFR Multi-Family Residential District
I-1 Limited Industrial District
I-3 Limited Industrial District
I-5 Limited Industrial District i-10 Limited Industrial District
OR-5 Office Research
LI/OR Light Industrial/Office Research
PO/LI Planned Office/Light Industrial
The "Zoning Map, Township of Roxbury, Morris County, New Jersey", revised and adopted in April 2001, is hereby amended such that the following property, which were heretofore included in the GU Government Use District, shall hereafter be included in the R-2 Residence District:
Block 1801. Lots 5, 6, 7, R, 9, 10, 11, 12 and a portion of Lot 4 for a distance of 241 feet from Eyland Avenue.
**Webmasters Note: The previous section has been amended as per Ordinance No. 25-04.
The "Zoning Map, Township of Roxbury, Morris County, New Jersey", revised and adopted in April 2001, is hereby amended such that the following properties, which were heretofore included in the R-5 Multi-Family Residence District, shall hereafter be included in the B-1A Limited Business District:
Block 9402, Lots 1, 2, 3, 4, 5, 6, 7 and 8
**Webmasters Note: The previous paragraph has been added as per Ordinance No. 03-05.
The "Zoning Map, Township of Roxbury, Morris County, New Jersey", revised and adopted in April 2001, is hereby amended such that Block 6501, Lots 13 and 14, which were heretofore included in the PO/R Professional Office/Residence District, shall hereafter be included in the B-2 Highway Business District.
**Webmasters Note: The previous paragraph has been added as per Ordinance No. 05-05.
The zone district boundary lines are intended generally to follow street center lines, existing lot lines center lines of railroad rights-of-way and the like, as indicated on the zone map. -Where-a zone district boundary line does not coincide with any such line as above set forth, its location shall be as shown
I.on the zone map by means of dimensions from a street right-of-way line or other boundary line. Where a zone boundary divides a lot and the location is not indicated by dimensions, then such zone boundary shall be determined by the use of the scale appearing thereon. In cases of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Zoning Board of Adjustment.
A. Any nonconforming use which lawfully existed at the time of the passage of this Ordinance may be continued.
B. A nonconforming structure shall not be enlarged unless the structure is changed to a conforming structure, provided, however, that where a building meets the use requirements of this Ordinance and is nonconforming because of height or area or yard regulations, said structure may be enlarged providing the height, area and yard regulations are not further violated.
C. Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsover, except by authority of the Board of Adjustment.
A.nonconforming use in existence at the time of the passage of this Ordinance shall not be permitted to be changed to any use other than a conforming use.
Where there is a cessation of operation with the intention of abandonment of any nonconforming use, the same shall constitute an abandonment of such nonconforming use. The Board of Adjustment shall determine whether the cessation of a nonconforming use manifests an intention to abandon such use, with the burden of proof on the property owner to demonstrate why such an intention should not be inferred from the lapse of use. Any subsequent exercise of an abandoned nonconforming use shall be deemed a violation of the terms of this Ordinance.
Nothing in this Ordinance shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued provided construction has been initiated within one year of the date of such permit, provided that such construction is not discontinued for a period of 6 months or more after startup.
A. Nothing in this Ordinance shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming building that is partially destroyed in the manner aforesaid may be reconstructed provided the deviations from zoning requirements associated with the building's nonconformities are not increased.
B. Any building that is nonconforming because of height, area or yard requirements that is totally destroyed may be rebuilt only if the height, area or yard requirements of this Ordinance are met. In determining whether the building has been totally destroyed for purposes of this paragraph, no part of the footings or foundation walls shall be considered.
C. Any building that is nonconforming because of use that is totally destroyed in the manner aforesaid may be rebuilt only as a conforming use.
D. Determination of Partial Destruction a) Where any nonconforming building or structure, or building that is nonconforming because of use, has been destroyed or damaged by fire, explosion, act of God, or of any public enemy or the like, to the extent of 50% or more of the fair market value of the whole building or structure at the time of the destruction, it shall be presumed to be totally destroyed, and any building, structure or use thereon shall thereafter conform to all the requirements, terms and conditions of this Ordinance. b) Where more than 50% of the fair market value of the whole building or structure remains after such damage or destruction, it shall be presumed to be partially destroyed, and any such building or structures may be repaired or restored to the same nonconforming use and/or to bulk nonconformities to the same extent as existed before such damage or destruction. c) Where a nonconforming use is partially destroyed as mentioned above, application must be made for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. Nothing in this Ordinance shall authorize the restoration of any condition declared unsafe or unhealthy by any governmental authority of competent jurisdiction.
The foregoing provisions of this Article shall also apply to building structures, land or uses which hereafter become nonconforming due to any reclassifications of zone districts under this Ordinance, or any subsequent change in the regulations of this Ordinance.
Nothing in this Ordinance shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this Ordinance.
The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.
No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this Ordinance.
Every lot must provide front, rear and side yards as required by its zone district.
Except as provided in Section 137.807, no lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this Ordinance. If already less than the minimum required under this Ordinance, said area or dimension shall not be further reduced.
Every principal building shall be built upon a lot with frontage upon a street or streets as defined in N.J.S.A. 40:55D-7, which shall be improved to meet the Township's standards.
A. Any lot or plat legally established and existing at the time of passage of this Ordinance may be used for any use permitted in such district in which it lies, provided all of the following requirements are complied with:
1. Said lot is in single ownership as defined in this Ordinance at the time of adoption of this Ordinance.
2. All yard requirements are complied with.
B. In the event that a lot which fails to comply with the bulk requirements of this Article is contiguous and in single ownership with another lot, such lots shall be deemed merged and construed to be one lot.
The conversion of existing structures to a use permitted in the zone in which said structures are located will be regulated the same as a new structure constructed in said zone district.
No building or structure which is so markedly incongruous as to materially diminish the value of adjacent or nearby properties shall be constructed, erected or used.
A. No use shall be permitted on any lot on which there is no principal building or structure. A trailer does not constitute a principal building or structure.
B. No more than one principal use or building may be erected on a lot except for an integrated complex of functionally related, compatible buildings serving one comprehensive operation under the control of one management entity, and limited to the following:
2. Public or institutional building complexes.
3. Shopping center developments.
4. Industrial or manufacturing building complexes.
5. Office building complexes.
6. Planned developments.
C. Unless otherwise regulated in this Ordinance, a principal building as permitted shall be at least 30 feet from another principal building situated on the same lot and no principal building shall be located closer to the front, rear or side lot line than the minimum distance required by its zone district.
