[Amended by Ord. No. 1569; 9-21-2010 by Ord. No. 10-1792; 10-2-2012 by Ord. No. 12-1840; 12-16-2014 by Ord. No. 14-1877]
The Borough is hereby divided into the following
zones:
|
Zone
|
Description
|
|---|---|
|
RA
|
Single-Family Residential
|
|
RA-E
|
Single-Family Residential — Ecological
Preservation
|
|
RB
|
Two-Family Residential
|
|
RM-G
|
Residential Multifamily Garden Apartment
|
|
RM-T
|
Residential Multifamily Townhouse
|
|
RM-H
|
Residential Multifamily Townhouse — Historic
Preservation
|
|
RM-M
|
Residential Multifamily Mid-Rise
|
|
RM-W
|
Residential Multifamily Townhouse — Waterfront
Preservation
|
|
PURD-1
|
Planned Unit Residential Development
|
|
PURD-2
|
Planned Unit Residential Development-2
|
|
CBD
|
Central Business District
|
|
C
|
Commercial
|
|
PO
|
Professional Office
|
|
LI
|
Light Industrial
|
|
CS
|
Community Service
|
|
C/R
|
Conservation/Recreation
|
|
QP
|
Quasi-Public
|
|
SC
|
Senior Citizen Housing
|
[Amended by Ord. No. 1225; Ord. No. 1372; Ord. No. 1569; Ord. No. 1633; 3-4-2014 by Ord. No. 14-1858; 3-2-2020 by Ord. No. 20-1999]
The Borough of Highland Park is hereby divided
into zones or districts as shown on the map entitled "2019 Zoning
Map of the Borough of Highland Park,"[1] as amended by Looney Ricks Kiss on December 12, 2019,
which is hereby adopted by reference and declared to be part of this
chapter.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[Amended by Ord. No. 1372; Ord. No. 1389]
Where uncertainty exists as to the boundaries
of districts as shown on the official Zoning Map, the following rules
shall apply:
A.
Boundaries indicated as approximately following the
center lines of streets, highways or alleys shall be construed as
following such center lines unless such zone boundary lines are fixed
by dimensions shown on the official Zoning Map.
B.
Boundaries indicated as approximately following platted
lot lines and where they do not scale more than 10 feet distant therefrom
shall be construed as following such lot lines, unless specifically
shown otherwise.
C.
In unsubdivided land and where a zone boundary divides
a lot, the location of such boundary, unless the same is indicated
by dimensions on the map, shall be determined by the use of the scale
appearing thereon.
D.
Boundaries indicated as approximately following municipal
limits shall be construed as following municipal limits.
E.
Boundaries indicated as following railroad lines shall
be construed to be midway between the main tracks.
F.
Boundaries indicated as following shorelines shall
be construed as following such shorelines and, in the event of change
in the shoreline, shall be construed as moving with the actual shoreline.
Boundaries indicated as approximately following the center lines of
streams, rivers or other bodies of water shall be construed as following
such center lines.
G.
Boundaries indicated as parallel to the extensions of features indicated in Subsections A through F above shall be so construed. Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian rights areas are adjoined.
H.
Split zoned lots.
(1)
In all cases where a zone district boundary
line divides a lot or parcel of land in one ownership into two or
more zone districts, and more than 50% of the area of such lot is
situated in one zone district, the regulations prescribed by this
chapter for the zone district within which more than 50% of such lot
or parcel is situated shall be applied to the entire lot or parcel.
(2)
In the case of uncertainty as to the exact location
of a zone boundary line or the computation of land areas within a
lot or parcel divided by a zone district boundary line, the interpretation
and determination thereof shall be made by the Zoning Board of Adjustment.
J.
Where a lot, as defined by N.J.S.A. 40:55D-4, is proposed
for development and encompasses lands on either side of a municipal
boundary, the approving authority shall take cognizance of the fact
that a municipal boundary line is not a lot line of a property boundary
line. The approving authority shall give deference to the use of the
lot as a whole and shall determine the applicability of all use, bulk
and design requirements in light of the circumstances of the entire
tract, not merely that portion which lies within the Borough of Highland
Park. No portion of such a lot split by municipal boundaries shall
be considered as being developed separate and distinct from that portion
across the municipal boundary line. In all cases, the approving authority
shall consider the situation of the entire lot split by municipal
boundaries, not merely that portion which lies within the Borough.
Nothing herein shall relieve any applicant from its obligation to
obtain all necessary permits and approvals from the Borough and from
satisfying the requirements of the Municipal Land Use Law (N.J.S.A.
40:55D et seq.).
The regulations set by this chapter within each
district shall be minimum regulations and shall apply uniformly to
each class or kind of structure or land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be
used or occupied and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with all of the regulations herein specified
for the district in which it is located.
B.
No building or other structure shall hereafter be
erected or altered to exceed the height, to accommodate or house a
greater number of families, to occupy a greater percentage of lot
area or to have narrower or smaller rear yards, front yards, side
yards or other open spaces than herein required or in any other manner
contrary to the provisions of this chapter.
C.
No part of a yard or other open space or off-street
parking or loading space required about or in connection with any
building for the purpose of complying with this chapter shall be included
as part of a yard, open space or off-street parking or loading space
similarly required for any other building.
D.
No yard or lot existing at the time of passage 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 at least the minimum requirements
established by this chapter.
E.
Only those uses specifically identified as a permitted
principal use, permitted accessory use, conditional use, permitted
sign or other permitted use shall be permitted. All other uses are
prohibited.
F.
All territory which may hereafter be annexed to the
municipality shall be considered to be zoned in the same manner as
the contiguous territory inside previous municipal limits until otherwise
classified.
[Amended by Ord. No. 1231]
A.
Administrative official.
(1)
An administrative official designated by the
governing body shall administer and enforce this section of this chapter.
He may be provided with the assistance of such other persons as the
governing body may direct.
(2)
If the administrative official shall find that
any of the provisions of this chapter are being violated, by inspection
or examination by the administrative official or his duly authorized
assistants of any building, plans or premises, and he shall have the
right to enter any building or premises during daylight hours in the
course of his duty, he shall notify in writing the person responsible
for such violations, indicating the nature of the violation and ordering
the action necessary to correct it. He shall order discontinuance
of illegal use of land, buildings or structures; removal of illegal
buildings or structures or of additions, alterations or structural
changes thereto; discontinuance of any illegal work being done; or
shall take any other action authorized by this chapter to ensure compliance
with or to prevent violation of its provisions. The stated violation
shall then be corrected by action of the violating party, and a second
inspection and approval shall be accomplished within 30 days.
B.
Certificates of zoning compliance.
(1)
For any development application, it shall be
unlawful to use or occupy or permit the use or occupancy of any building
or premises, or both, or part thereof, hereafter created, erected,
changed, converted or wholly or partly altered or enlarged in its
use or structure, until a certificate of zoning compliance shall have
been issued therefor by the administrative official, stating that
the proposed use of the building or land conforms to the requirements
of this chapter and adequate planning standards.
(2)
No permit for erection, alteration, extension,
enlargement, movement or repair of any building shall be issued until
a certificate of zoning compliance has been duly issued in accordance
with the provisions of this chapter. The certificate of zoning compliance
shall be issued by the administrative official, stating that the proposed
use of the building or land conforms to the requirements of this chapter
and adequate planning standards. No certificate of zoning compliance
shall be issued by the administrative official unless the application
for the said certificate is in conformity with all the provisions
of this chapter or has been duly exempted by variance.
(3)
Failure to obtain a certificate of zoning compliance
shall be a violation of this chapter.
C.
Expiration of building permit.
(1)
If the work described in any building permit
has not commenced within 90 days from the date of issuance thereof,
said permit shall expire and be cancelled by the administrative official
and written notice thereof shall be given to the persons affected.
(2)
If the work described in any building permit
has not been substantially completed within two years of the date
of issuance thereof, said permit shall expire and be cancelled by
the administrative official and written notice thereof shall be given
to the persons affected, together with notice that further work as
described in the cancelled permit shall not proceed unless and until
a new building permit has been obtained.
D.
Construction and use to be as provided in applications,
plans, permits and certificates of zoning compliance. Building permits
or certificates of zoning compliance issued on the basis of plans
and applications approved by the administrative official authorize
only the use, arrangement and construction set forth in such approved
plans and applications and no other use, arrangement or construction.
Use, arrangement or construction at variance with that authorized
shall be deemed a violation of this chapter. If any such permit has
been authorized and not lifted from the office of the administrative
official and executed by the applicant within a period of six months
from the date of authorization, then such authorization shall be null
and void and no permit shall be issued thereunder.
E.
When an applicant fails to comply or deviates significantly
from any approved plans filed with the approving board, the Zoning
Officer shall have jurisdiction to review the aforementioned deviation.
If the Zoning Officer is of the determination that the deviation is
minor and insignificant, and provided the deviation does not change
the intent of the approved use, plans and resolution, the Zoning Officer
may approve the deviation. If the Zoning Officer is of the determination
that the deviation will result in a substantial change to the approved
use, plans and resolution, the applicant shall be required to submit
plans showing all proposed revisions to the original approving board.
In any event, the Zoning Officer shall make and file a report with
the approving board noting all deviations and reasons for the Zoning
Officer's decision.
F.
Exempted uses. The following uses shall be permitted
to be located anywhere in the municipality and shall be exempt from
the provisions of this chapter, except as specifically stated in this
section:
(1)
Outdoor telephone booths owned and operated
by the New Jersey Bell Telephone Company. Erection of said booths
shall be subject to the approval of the administrative official and
the Municipal Engineer so that the same shall not constitute traffic
and/or safety hazards. Such telephone booths shall be kept in a good
state of repair and appearance. The erection and maintenance of said
booths shall be subject to such regulations as may be prescribed from
time to time by the administrative official and Municipal Engineer
in the interest of health, safety and general welfare of the public.
(2)
Normal and customary public utility and service
and distribution lines.
(3)
All municipal uses and utilities.
(4)
Outdoor shelters for school bus children or
bus patrons. Erection of such shelters shall be subject to the approval
of the administrative official and the Municipal Engineer as to sites
and construction so that the same shall not constitute traffic and/or
safety hazards. Such shelters shall be kept in a good state of repair
and appearance. The erection and maintenance of such shelters shall
be subject to such regulations as may be prescribed from time to time
by the administrative official and Municipal Engineer in the interest
of health, safety and general welfare of the public. Such shelters
may not carry any advertising or other commercial display.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals and
general welfare. Whenever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations, ordinances, deed restrictions or covenants, the most
restrictive or that imposing the higher standards shall govern.
Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint.
Such complaint, stating fully the causes and basis thereof, shall
be filed with the administrative official. He shall record properly
such complaint, immediately investigate and take action thereon as
provided by this chapter.
[Added by Ord. No. 1633]
For applications involving site disturbance of steep sloped areas or areas with a slope of 10% or greater, the provisions of § 230-122 hereby apply.
