The regulations set forth in this chapter for each district shall be the minimum regulations and shall apply uniformly to each class of structure or land within the district, except as hereinafter provided.
The provisions of this chapter shall be construed and applied in accordance with the following intents and purposes:
A. No building or structure shall hereafter be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building or structure be used, designed, or arranged to be used for any purpose, unless in conformity with all of the regulations herein specified for the district in which is it located.
B. No yard or lot existing on the effective date of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
C. Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Township or are otherwise established by law and which are more stringent than those set forth herein, shall take precedence over the provisions of this chapter.
D. The provisions of this chapter shall not apply to customary underground essential services, as defined herein.
E. The provisions of this chapter shall be the minimal standards, and compliance shall entail meeting or exceeding these standards.
F. Every principal building shall be located on a lot as defined in this chapter. Except for multifamily and nonresidential uses, no more than one principal building and its accessory buildings shall hereafter be erected on any one lot.
G. Every principal building shall be built upon a lot with frontage upon an improved street, 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.
Except as otherwise provided in this chapter, the lawful use of the land or a building or structure existing on the effective date of this chapter, or any amendment thereto, may be continued, notwithstanding the fact that 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. A nonconforming use may not be expanded. In determining whether a nonconforming use has been expanded, or is proposed to be expanded, consideration shall be given to the quality, character and intensity of such use viewed in its totality, prior to and after the alleged expansion, and with regard to the overall effect on the neighborhood in which the subject property is located and the zone plan for such neighborhood. By way of illustration and not limitation, the following shall be deemed to be expansions of a nonconforming use:
(1) Expansion of the lot area over which a use is conducted.
(2) Expansion of a building or structure within which a use is conducted.
(3) Alteration of a building or structure within which a use is conducted.
(4) A substantial increase in the period of time during which the use is conducted.
(5) A change from the seasonal operation of the use to the year-round operation of such use.
B. 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. A nonconforming use shall be deemed to be abandoned where there is an intention to abandon and 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 total cessation of such use for a continuous period of at least one year.
C. A nonconforming lot shall not be reduced in size.
D. A nonconforming building or structure, whether principal or accessory, 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 so as to conform to the requirements of this chapter. Notwithstanding the preceding sentence, such a nonconforming building or structure may be enlarged, extended, added to, or otherwise constructed upon, provided that:
(1) The owner of the lot or lots upon which such building or structure exists did not own any adjoining property at the time the ordinance making the lot nonconforming was adopted; and
(2) The enlargement, extension, addition, or construction conforms to all bulk requirements of this chapter.
E. The internal structure or the exterior facade of a nonconforming building or structure may be altered, provided that the cost of alterations does not exceed, in the aggregate, 25% of the market value of the structure. More substantial alterations are not permitted unless the building or structure is changed to conform to the requirements of this chapter.
F. 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.
G. If any nonconforming building or structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except in conformance with this chapter. The building or structure shall be deemed to have been more than partially destroyed in the event of destruction to the extent that rebuilding, repair, or restoration requires removal or demolition of all portions of the structure, except for the foundation or exterior walls.
H. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a construction permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the entire ground story framework shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the effective date of this chapter.
I. 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.
Where two or more lots, created by the filing of a map pursuant to the former Map Filing Law (N.J.S.A. 46:23-1 to 9.6, inclusive), have not been subsequently subdivided pursuant to the Municipal Planning Act (N.J.S.A. 40:55-1 et seq.) or the MLUL, and said lots 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.
The purpose of the provisions of §§ 250-33 through 250-44 is to establish restrictions and limitations on the use of land within the Township. Deviation from the standards of §§ 250-33 through 250-44 will only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70d and § 250-9G(5) of this chapter.
The municipality is hereby divided into zones or districts, throughout which uniform regulations are established hereunder.
A. The Official Zoning Map of the Township of Old Bridge, dated March 18, 2004, is hereby amended by revision 1, dated October 8, 2004, and incorporated herein by reference. Copies of the new Zoning Map are on file in the office of the Township Clerk. [Amended 4-12-2004 by Ord. No. 07-04; 12-20-2004 by Ord. No. 38-04]
B. Revisions to the Zoning Map shall be made as follows:
(1) When, in accordance with the provisions of this chapter and the MLUL, revisions are adopted in the district boundaries or other matters portrayed on the Zoning Map, such revisions will be made with an entry bearing the date of adoption, ordinance number, a brief description of the revisions and the date and initials of the person recording the Zoning Map revisions. The Municipal Engineer shall draft the amendment to the map within 20 days of the adoption of the ordinance amending the map.
(a) Each ordinance amending the Zoning Map in any manner shall include the provision that it shall not take effect until the Zoning Map has been amended in accordance with these provisions.
(2) No changes of any nature shall be made to the Zoning Map, except in conformity with the above procedure. Any unauthorized change(s) to the Zoning Map or its contents by any person or persons shall be of no effect and shall constitute a violation of this chapter and subject the person responsible for such change to the fines and penalties herein provided for.
In interpreting and construing the Zoning Map, the following rules shall apply:
A. Zone district boundaries are intended to follow street, lot or property lines, or other natural lines such as the center line of watercourses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description.
B. Boundaries indicated as following the center lines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such center lines.
C. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
D. Boundaries indicated as following railroad rights-of-way shall be construed to be midway between the right-of-way lines.
E. Boundaries indicated as parallel to, or extensions of features indicated above, shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the use of the scale appearing thereon.
F. Where a zone boundary fixed by dimensions approximately follows and is not more than 20 feet distant from a lot line, such lot line shall be construed to be the zone boundary.
The Township is hereby divided into the following zoning districts in the manner set forth in the Zoning Map hereinabove provided for:
ER Environmentally Sensitive/Recreation Zone
The purpose of this zone is to preserve and protect the groundwater table and water recharge areas for water supply purposes, protection of the ecological system and to protect the health and safety of the occupants of lands subject to seasonal or periodic flooding, preserve freshwater wetlands and recognize existing and proposed parklands.
R-120 Low Density/Severe Environmental Constraints Residential Zone
The purpose of this zone is to designate specific areas for suburban development at a low density (0.3 dwelling unit per gross acre) in order to avoid disturbance of extensive areas of highly sensitive and critical natural environment.
R-80 Low Density Residential Zone
The purpose of this zone is to designate specific areas for suburban development at a low density (0.5 dwelling unit per gross acre) in areas serviced by on-site wells or on-site sewerage disposal, or containing lands of an environmentally sensitive nature, but less extensive than lands in the R-120 Zone.
R-40 Low Density Residential Zone
The purpose of this zone is to designate specific areas for suburban development at a low density (1.0 dwelling unit per gross acre) on larger lots in areas serviced by existing or planned public sewer and water.
R-30 Low Density Residential Zone
The purpose of this zone is to designate specific areas for suburban development at a low density (1.5 dwelling units per gross acre) on smaller lots in areas serviced by existing or planned public sewer and water.
R-20 Low/Medium Density Residential Zone
The purpose of this zone is to designate specific areas for suburban development at a low/medium density (2.0 dwelling units gross per acre) in areas serviced by existing or planned public sewer and water.
R-15 Medium Density Residential Zone
The purpose of this zone is to designate specific areas for suburban development at a medium density (2.5 dwelling units gross per acre) in areas serviced by existing or planned public sewer and water.
R-12 Medium Density Residential Zone
The purpose of this zone is to designate specific areas for suburban development at a medium density (3.0 dwelling units gross per acre) in areas serviced by existing or planned public sewer and water.
R-9 Medium High Density Residential Zone
The purpose of this zone is to protect existing areas of intensive suburban development at a medium high density (4.0 dwelling units gross per acre).
R-7 Medium High Density Residential Zone
The purpose of this zone is to protect existing areas of intensive suburban development at a medium high density (4.5 dwelling units gross per acre).
R-6 Medium High Density Residential Zone
The purpose of this zone is to protect existing areas of intensive suburban development at a medium high density (5.5 dwelling units gross per acre).
R-5 Medium High Density Residential Zone
The purpose of this zone is to protect existing areas of intensive suburban development at a medium high density (7.5 dwelling units per gross acre).
A-F Apartment-Family Residential Zone
The purpose of this zone is to designate specific areas to allow for the development of multiplexes in areas where this pattern has been firmly established.
A-R Apartment Retirement Residential Zone
The purpose of this zone is to designate specific areas to allow for the development of multiplexes or townhouses specifically designed for the needs of senior citizens.
PRC Planned Retirement Community District Zone
The purpose of this zone is to promote the planned development of an active adult community which shall offer certain recreational facilities for its residents in accordance with the general development plan approved by the Planning Board. [Added 4-12-2004 by Ord. No. 07-04]
C-N Neighborhood Commercial Zone
The purpose of this zone is to establish areas which will provide convenient shopping for the general neighborhoods in which they are located. The lot areas and permitted uses are intended to be small in operating scale to serve the needs of the immediate neighborhood conveniently without attracting regional traffic.
C-C Community Commercial Zone
The purpose of this zone is to establish areas which will provide a greater variety of retail business and personal services for an area embracing several neighborhoods.
C-M Marine Commercial Zone
The purpose of this zone is to provide an opportunity for the continued development of marine and resort activities in unique areas which have direct access to navigable waterways.
C-R Regional Commercial Shopping Zone
The purpose of this zone is to establish several locations within the Township within which major shopping centers are permitted providing the full array of retail and service uses designed to serve all residents of the Township as well as the regional population.
O-G General Office Zone
The purpose of this zone is to provide development opportunities for establishments primarily engaged in rendering a wide variety of services to individuals and business establishments to serve residents of the entire Township as well as the regional population.
SD Special Development Zone
The purpose of this zone is to establish areas which will provide new development opportunities for large scale service and light manufacturing uses with appropriate supporting facilities. The lot areas and permitted uses are intended to serve the needs of the Township as well as the regional population.
TCD Town Center Design Zone
The purpose of this unique zone is to insure that the architectural appearance and site layout and design of all development in the zone conforms to the established architectural appearance, site layout and design of the Township municipal complex. A planned mixture of residential, commercial and related uses are permitted in specific areas, in order to create concentrations of land use activities which will complement and enhance the municipal complex.
