[Ord. No. 79-4 § 3.1; Ord. No. 93-6 § 4; New; Ord. No. 2006-8 § 4; Ord. No. 2009-11 § 4]
a.
For the purposes of this chapter, the Borough of Elmer is hereby
divided into the districts as follows:
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CONS
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Conservation
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LR-1
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Low density residential 1
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LR-2
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Low density residential 2
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LM
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Low-medium density residential
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MR
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Medium density residential
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RP
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Residential professional
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LC
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Limited commercial
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GB
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General business
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HB
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Highway business
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C/LI
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Commercial-light industry
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LI
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Light industry
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b.
District Map. The boundaries of these zoning districts are established
on the map entitled "Elmer Borough Zoning Map", dated March 2002,
or as may be subsequently amended. Said map and all notions, references,
and dates pertaining to zoning and zoning districts shown thereon
are hereby incorporated by reference into this chapter and shall be
as much a part of this chapter as if they were fully described herein.
(The Zoning Map may be found on file in the Borough offices.)
c.
Interpretation. Where uncertainty exists as to the exact location
of any boundary shown on the Zoning Map, the following rules shall
apply:
1.
Zoning boundary lines are intended to follow the line of streets,
railroad rights-of-way, or stream channels and other natural features
where possible. Where zoning boundaries do not follow such features,
it shall be determined either by the dimensions shown on the Map or
by use of the graphic scale shown thereon.
2.
Where boundary lines are not fixed by dimensions and where they do
not scale more than 10 feet distant from a plat or tax map line, such
lot lines shall be construed to be the boundary line.
3.
Where physical or cultural features existing on the ground are at
variance with those shown on the official Zoning Map, or in other
circumstances not covered by Subsections 1 and 2 above, the Board
of Adjustment shall interpret the district boundaries.
[Ord. No. 79-4 § 3.2; Ord. No. 93-6 § 3; Ord. No. 94-9 § 1; Ord.
No. 2006-8, § 3; Ord.
No. 2009-11 § 3; Ord.
No. 2014-17 § 1; amended 6-9-2021 by Ord. No. 2021-4]
District regulations as set forth in the Elmer Borough Schedule
of District Regulations and in specified supplementary sections are
hereby adopted by reference and declared to be a part of this chapter.
The Schedule of District Regulations is included in Appendix C as
an attachment to this chapter.
Editor's Note: The Schedule of District Regulations contains
bulk requirements and permitted, conditional and prohibited uses.
[Ord. No. 79-4 § 3.3; Ord. No. 93-6 § 5; Ord. No. 2006-8 § 5; Ord. No. 2009-11 § 5]
The zoning district categories, locations, and regulations have
been based upon the Borough Land Use Policy established in the Elmer
Borough Land Use Plan (December 1978). The justification and intent
of each zoning district as expressed in the adopted plan are summarized
below:
a.
CONS Conservation District. The Conservation District has been delineated
to include any wet areas surrounding the branch of Muddy Run which
crosses the Borough. Because of the flood potential, the unsuitability
of the soils for development, and the area's environmental value,
the intent of this district is to discourage most forms of development.
b.
LR-1 Low Density Residential District 1. This low density residential
district includes the generally undeveloped area in the southwest
corner of the Borough. The intent of this zoning district is to restrict
the magnitude and concentration of development in this area because
of the soils' limited capability to accommodate septic effluent.
c.
LR-2 Low Density Residential District 2. This low density residential
district has a justification and intent similar to the other low density
residential district (LR1) noted above. This district has the additional
purpose of permitting the carefully controlled development of health-related
support facilities, since the hospital is located within this district.
d.
LM Low-Medium Density Residential District. The Low-Medium Density
Residential District includes two areas in the western and southern
edges of the Borough which are generally undeveloped. The intent of
these zoning districts is to permit higher densities than the LR Districts
because of better soil characteristics, while also providing a transition
from the higher permitted densities of the MR District.
e.
MR Medium Density Residential District. The Medium Density Residential
District includes the existing residential areas of the Borough and
some adjoining areas. The intent of this zoning district is to encourage
residential development in these areas because of good soil capabilities
and the existing land use pattern.
f.
RP Residential Professional. The residential-professional district
has been delineated to encourage the location of professional offices
and health related support facilities because of the character of
existing development in this area and the proximity of the hospital.
g.
LC Limited Commercial District. The limited commercial district includes
an area along Front Street in the western portion of the Borough.
The intent of this district is to encourage mixed commercial and light
industry uses, thus permitting economic development compatible with
the current land use pattern.
h.
HB Highway Business District. The Highway Business District includes
an area along Route 40 in the western edge of the Borough. The purpose
of this district is to provide a location for highway oriented commercial
uses which may be inappropriate for the central business area (CB
District).
i.
C/LI Commercial and Light Industry District. The Commercial - Light
Industry District includes the area adjacent to the business district
which has existing warehouses and other facilities related to the
rail line. The intent of this district is to encourage mixed commercial
and light industry uses, thus permitting economic development compatible
with the current land use pattern.
j.
LI Light Industry District. The Light Industry district includes
a vacant area along the rail line in the northern section of the Borough.
The purpose of this district is to provide sufficient land for new
light industry and distribution uses so as to broaden the economic
base of the community in a manner consistent with other planning objectives
of the Borough.
[Ord. No. 79-4 § 3.4;
amended 10-13-2021 by Ord. No. 2021-9]
a.
No use
or occupancy of any building, structure or land shall hereafter be
changed to a different use or occupancy 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,
except as hereinafter provided.
[Ord. No. 79-4 § 3.5]
a.
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 a
narrower or smaller rear yard, front yard, side yard or other open
spaces than are herein provided, or in any other manner contrary to
the provisions of this chapter, except as hereinafter provided.
b.
Contiguous Lots. If two or more lots or combinations of lots or portions
of lots with contiguous frontage in single ownership are of record
at the time of passage or amendment of this chapter, and if all or
part of the lots do not meet the requirements for lot width and area
as established by this chapter, the lands involved shall be considered
to be an undivided parcel for the purpose of the chapter, and no portion
of the parcel shall be used or sold which does not meet lot width
and area requirements established by this chapter, nor shall any division
of the parcel be made which leaves remaining any lot with width or
area less than the requirements stated in this chapter.
c.
Corner Lots. Building setback lines for a corner lot shall be the
same as required on the adjoining lot along either block.
d.
Existing Lots. A lot failing to meet the district requirements for
area or width and which is demonstrated to have been of public record
and not of continuous frontage with other lots in the same ownership
at the time of enactment of this chapter may be used for a permitted
use in the district in which it is located only upon the issuance
of a variance by the approving authority after public hearing and
a showing by the applicant that he cannot reasonably obtain additional
space to meet chapter requirements. Any variance granted shall constitute
the minimum adjustment necessary to permit the reasonable use of the
lot.
e.
Front Yard Requirement Modifications.
1.
Where a lot has frontage upon a County road proposed for right-of-way
widening on the Master Plan or Official Map of the County of Salem,
the required front yard depth shall be measured from and parallel
to the proposed right-of-way line measured at right angle unless the
existing street line is a greater distance from the road center line.
2.
Where a lot has frontage on any road with the street line at less
than 25 feet measured at right angle from the center line, the required
front yard depth shall be measured from a line parallel to and at
that distance from the center line.
f.
Irregularly Shaped Lots. In the case of irregularly shaped lots on
cul-de-sac or curved street sections, the minimum lot width specified
in the Schedule of District Regulations shall be measured at the building
setback, provided that in no case shall a distance between side lot
lines be reduced to less than 75% of the minimum lot width requirement
at the street line. (The Schedule is included in Appendix C as an
attachment to this chapter.)
g.
Overlapping Required Space. 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.
h.
Yard Reduction. No yard or lot existing at the time of passage of
this chapter shall be reduced in size 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 as established
by this chapter.
i.
Uniformity. Within each district, the regulations set by this chapter
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land.
j.
Public Street Frontage. Every principal building shall be built upon
a lot having sufficient frontage on a public street as defined in
this chapter.
k.
Height Exceptions. All buildings and structures shall be subject
to height limitations specified in the Schedule of District Regulations
except spires, belfries, silos, domes, cupolas, scenery lofts, masts,
flagpoles, chimneys, flues, ventilators, elevator penthouses, water
tanks, towers, antennas, skylights, bulkheads, and similar decorative
features and necessary mechanical appurtenances usually carved above
roof level provided that the following requirements are met:
1.
The total horizontal area covered by such features shall not exceed
20% of the area covered by the principal building. Agriculture buildings
shall not be subject to the horizontal area limitation.
2.
The excess height of any structure shall not be greater than the
shortest distance from such structure to any required yard nor shall
the total height exceed twice the building height limitation in the
district in which it is located.
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The foregoing does not pertain to transmission towers and associated
right-of-way widths which are to be determined by standards in the
National Electric Safety Code.
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l.
Projections. Building projections including bays, chimneys, cornices
and gutters may extend into required yard areas for a distance not
to exceed five feet and shall not be located within 10 feet of any
property line.
[Ord. No. 79-4 § 3.6]
a.
Any nonconforming structure or use lawfully existing at the time
of enactment of this chapter or any subsequent amendment may be continued
with the following limitations:
1.
A nonconforming use shall terminate upon abandonment at any time,
which shall be presumed when the actual conduct of a nonconforming
use is discontinued for a period of 12 consecutive months for any
reason or is resumed for less than one month within a year. The structure
premises, or structure and premises in combination, as the case may
be, shall not thereafter be used except in conformance with the regulations
of the district in which it is located.
2.
A nonconforming use shall not be enlarged, extended, moved to a different
position on the lot, or structurally altered in any way, except as
may be required for normal maintenance or to prevent damage or injury.
A pre-existing, nonconforming use in a structure may be changed to
a use permitted in the district in which it is located.
3.
A nonconforming structure shall not be enlarged or altered in a way
which increases its nonconformity and shall not be moved any distance
whatever unless it will thereafter conform to the regulations of the
district in which it is located.
4.
A nonconforming structure or use shall not be reconstructed except
in conformance with this chapter should such structure be destroyed
by any means to an extent of more than 75% of its replacement cost
at the time of destruction.
5.
Any nonconforming structure or use which is superseded by a permitted
structure or use shall thereafter conform to the regulations of the
district in which it is located and the nonconforming structure or
use shall not be reinstituted.
[Ord. No. 79-4 § 3.7]
The specific purpose and intent of this section is to prevent
excessive and unsafe development in areas deemed unfit by reason of
flood danger, to prevent unsanitary conditions and related hazards,
to minimize danger to public health by protecting water supplies,
recharge areas and the natural drainage system; and to promote the
health, safety and welfare of the residents of Elmer Borough and property
owners in or near streams or areas subject to flooding.
a.
Flood Plain Designation Map. There are hereby designated within Elmer
Borough flood plain areas comprised of those sections of the Borough
which are shown on the Map designated as the Elmer Borough Flood Plain
Map which is hereby made a part of this chapter.
1.
Map Filing. For purposes of defining the application of the Flood
Plain Area Map to any specific area, the maps, data and other source
utilized to establish, define and designate flood plain areas shall
be kept on file in the Borough Engineer's office and shall be proof
of the intended limits of the flood plain areas.
2.
Floodway. Within the flood plain areas described above, there are
hereby designated floodways as defined in this chapter.
3.
Amendment. Any change in the Flood Plain Map may be recommended by
the Borough Engineer based upon a proper survey and upstream drainage
calculations or as a result of an acceptable engineering delineation
by an outside agency. The Borough Council may consider these recommendations
for proper enactment as an amendment to this chapter.
b.
Procedure.
c.
Interpretation of Boundaries; Appeals.
1.
In case of any dispute concerning the boundaries of flood plain areas
or floodways as shown on the Elmer Borough Floodplain Area Map, a
determination shall be made by the Borough Engineer.
2.
The Borough Engineer may certify that the area is not within the
flood plain or that the floodway is smaller than defined by this chapter
if conclusive and documented information is submitted by the applicant.
3.
Any party aggrieved by a decision of the Borough Engineer as to the
proper location of the boundaries may appeal to the Zoning Board of
Adjustment. For the purpose of this section, if the Borough Engineer
has determined the map boundary lines to be correct, any change to
the boundaries applied for shall be considered by the Board of Adjustment
as an application for use variance. The burden of proof in any such
appeal shall be on the applicant.
4.
Any appeal to utilize land located within the flood plain for purposes
not permitted by this section shall be considered by the Board of
Adjustment as an application for a use variance.
d.
Permitted Uses.
1.
Within the floodway of any flood plain areas, the following uses,
excluding structures, and no others, shall be permitted:
(a)
Pasture, grazing land;
(b)
Recreational uses not requiring regrading or removal of trees,
shrubs, or vines such as: park, picnic grove, boating club, and excluding
closed structures or storage areas;
(c)
Game farm, fish hatchery;
(d)
Hunting and fishing reserves;
(e)
Wildlife sanctuary, woodland preserve or arboretum;
(f)
Open areas need to meet yard and area requirements for any permitted
use in this and other zoning districts as specified in this chapter.
2.
Within the remaining portion of flood plain areas, all uses listed
in Subsection d1 above, together with those uses permitted and required
by this chapter for zone districts shall be permitted provided that:
(a)
The minimum lot area shall be two acres, or the prevailing lot
area requirement for the zoning district, whichever is larger.
(b)
The maximum lot coverage shall be 5%.
(c)
Any structure proposed to be erected, constructed or located
shall not have a basement.
(d)
The first floor elevation of any principal use structure shall
be at or above the 100 year flood level as determined by the Borough
Engineer. Any fill used to raise the existing elevation of a building
site shall not encroach upon the floodway of any watercourse.
(e)
Any use, construction or substantial improvement shall comply with the Borough Flood Hazard chapter. (See Chapter 24, Flood Damage Prevention)
(f)
No vegetation removal or regarding of the site shall be carried
out within a flood plain unless expressly permitted by the Elmer Planning
Board after site plan review. The Board shall further determine that
any land disturbance activity shall be the minimum required to accomplish
the use to be permitted.
(g)
No zoning permit shall be issued for any use requiring new or
expanded water or sewer facilities, including on-site systems, without
evidence of review and approval by the proper health officials and
a statement by the Borough Engineer that water and/or designated sewer
facilities are located and/or designated to avoid impairment from
flooding.
(h)
In the case of lots split by the flood plain area designation,
all construction and accompanying land disturbance activities shall
take place outside the flood plain area, unless construction within
or land disturbance of the flood plain area is permitted in accordance
with the provisions of this subsection.
3.
Where less than 20% of an existing lot is located within a flood
plain area, the uses, as permitted and regulated by this chapter for
the zone district in which the area is located, shall apply, provided
that no structures are placed within the flood plain area and no fill
encroaches upon the floodway.
4.
All nonconforming uses, created as a result of the enactment of these
regulations, shall not be expanded or be rebuilt or reestablished
in the event of their destruction or abandonment, except as provided
by this subsection.
e.
Municipal Liability. The granting of a zoning permit in the flood
plain area shall not constitute a representation, guarantee or warranty
of any kind by the Borough of Elmer, or by any official or employee
thereof, of the practicability, or safety or floodproof status of
the proposed use, nor shall the granting of such a permit create any
liability upon the Borough of Elmer, its officials or employees.
[Ord. No. 79-4 § 3.8; Ord. No. 2007-13; Ord.
No. 2014-17 § 2]
a.
General Regulations and Requirements; Permit Required.
1.
Compliance Required; Conflicting Regulations. Any sign hereafter
erected in the Borough of Elmer which is exposed to public view shall
conform with the provisions of this section and any other ordinance
or regulation of Elmer Borough, Salem County, or the State or Federal
government relating to the erection, alteration or maintenance of
signs. In the event of conflicting regulations, the most restrictive
regulation shall prevail. Signs shall be considered accessory uses
in all zoning districts when placed in conformance with the provisions
of this section.
2.
Permit Required. No sign other than exempt signs shall be erected
without first obtaining a sign permit from the Zoning Officer. Permit
applications for signs shall be accompanied by a plan, drawn to scale,
showing details of the sign, its size, and location on the building
or lot. A color photograph of each existing sign on the property shall
be submitted with the permit application. Fees for sign permits shall
be paid in accordance with a fee schedule adopted by the Borough Council.
In addition to other penalties for violations of this chapter, any
illegal sign may be removed or confiscated by the Zoning Officer.
3.
Maintenance and Repair. All signs, flags, and banners as provided
for in this section shall be kept in proper state of repair, in accordance
with the Uniform Construction Code and other pertinent regulations.
Signs that fall into a state of disrepair so as to become unsightly
or to pose a threat to public safety will receive a warning via certified
mail from the Zoning Officer, and if after 30 days the sign has not
been removed, it may be removed by the Borough at the owner's expense.
4.
Nonconforming Signs. Nonconforming signs which are structurally altered,
relocated or replaced shall comply with the provisions of this section.
A change in copy is not an alteration or replacement in accordance
with this section. Nonconforming signs must be maintained in good
condition. If the use of a nonconforming sign ceases for a period
of more than 180 days or if the premises upon which the nonconforming
sign is located is abandoned, the nonconforming sign must be removed
or replaced with a conforming sign.
5.
Public Right-of-Ways. No sign other than official traffic or other
similar official signs shall be erected within or project over the
right-of-way of any public street or sidewalk except as provided herein.
6.
Signs at Intersections. Signs shall not be located at the intersection
of any streets within the triangular area formed by the right-of-way
lines and a line connecting them at points 25 feet from their intersection.
No sign may impede the safe vision of motorists and pedestrians or
otherwise endanger their safety.
7.
Signs Exempt From Obtaining a Permit; Temporary Signs. The following
signs are exempt from the need to secure permits:
(a)
Signs required by law.
(b)
Any sign or graphic integrated into or on a coin-operated machine,
vending machine, gas pump or telephone booth.
(c)
Any sign carried by a person.
(d)
Decorations for any officially recognized holiday, provided
that they do not create a fire or traffic hazard and provided that
the decorations are removed within 30 days after the holiday.
(e)
Political signs associated with an election or referendum, provided
that such signs are on private property, and are not placed more than
30 days before and removed within seven days after the day of voting,
and not to exceed four square feet in size.
(f)
Temporary yard or garage sale signs, provided that such signs
are erected on private property, are no more than four square feet
in area, are erected no more than seven days before the sale and are
removed within 24 hours after the sale.
(g)
Temporary real estate signs on the lot on which the real estate
for rent or for sale is located shall be limited to one per lot frontage.
The signs may not be more than four square feet and four feet high
for residential property and eight square feet and six feet high for
commercial property. They must be removed within 14 days of the sale
or rental of the property. Open house signs are also permitted, but
only on the day of the open house and not within the public right-of-way.
(h)
Temporary "grand opening" signs are permitted for an occupant
of a shopping center or other single-use or multi-use commercial building.
The sign may not exceed 20 square feet and may not be displayed for
more than two weeks out of a calendar year. The sign must comply with
all requirements to protect the public health and safety.
(i)
Temporary (30 days or less) banners advertising special events
sponsored by or held by the Borough, County, school district, Fire
Department, or the like.
(j)
American, State, County and Borough flags.
(k)
No trespassing signs.
(l)
Temporary farm stand signs during growing season.
(m)
Temporary signs of architects, engineers, contractors, mechanics,
tradesmen or other engaged in construction work provided the size
of such sign shall not exceed six square feet. One sign is permitted
for each trade or profession. Such sign shall be in compliance with
side yard setbacks and shall be set back 10 feet from the right-of-way.
Such sign shall be located only on the property where such work is
being performed and shall be removed within seven days of the completion
of work.
8.
Illuminated Signs. Illuminated signs in residential zoning districts
and in all districts when the lot is immediately adjacent (including
directly across a street) to a residential district must be turned
off between the hours of 10:00 p.m. and 6:00 a.m. This does not apply
to residential nameplates.
9.
Ground and Freestanding Signs; Location Restrictions. All ground
and freestanding signs must be a minimum of 100 feet from the nearest
other sign, except for farm stands during the growing season.
10.
Architectural Details. Architectural details may extend up to 12
inches on the sides and top of the sign. For monument or ground signs,
the architectural base may be up to 30 inches above grade. More expansive
walls or architectural elements require site plan approval.
11.
Wall Signs. Wall signs shall be attached to the face of the building
in a plane parallel to such face and projecting not more than 12 inches
therefrom and shall not extend higher than the top of the parapet.
Wall signs shall not cover wholly or partially any wall opening, including
doors, fire escapes or windows, nor shall they extend beyond the ends
of the wall.
12.
Locations with More Than One Use; Shopping Centers. Shopping centers
or developments with more than one use on a site are permitted one
ground or freestanding sign per street frontage for the entire site,
which may include tenant panels. Individual tenants or occupants may
have wall or facade signs or other attached signs in accordance with
this section but may not have individual ground or freestanding signs.
13.
Address Required on Certain Signs. Ground or freestanding signs must
have the address of the site identified prominently on the sign, except
for farm stands during the growing season.
14.
Size; Computation Formula. The size of any sign shall be computed
by multiplying its greatest height by its greatest length, exclusive
of supporting structures.
15.
Signs Advertising Use or Product No Longer Available. Signs advertising
an establishment or use no longer in existence or a product no longer
available shall be removed within 14 days.
b.
Schedule of Sign Use and Bulk Regulations. Signs shall be permitted
in each zoning district with the issuance of a zoning permit according
to the following use regulations and other applicable requirements
of this section:
1.
Words and Phrases Defined.
(a)
SIGN — Any visible object, device display or structure
or part thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service event, location
or position by any means, including words, letters, figures, design,
symbols, fixtures, colors, illumination or projected images, both
commercial and noncommercial.
For the purpose of determining the number of signs, a sign shall
be considered to be a single display surface or display device containing
elements organized, related and composed to form a unit. Where matter
is displayed in a random manner without organized relationship of
elements or where there is a reasonable doubt about the relationship
of elements, each element shall be considered to be a single sign.
The surface area of a sign shall be computed to include the entire
area within a parallelogram, triangle, circle or semicircle comprising
all of the display area of the sign and including all of the elements
of the matter displayed. Frames and structural members not bearing
advertising matter shall not be included in computation of the sign
surface area.
(b)
SIGN, OFF-SITE (BILLBOARD) — A sign portraying information
which directs attention to an idea, issue, point of view, candidate,
entity, business, commodity, service, entertainment, product or attraction
sold, offered, or existing elsewhere than upon the property where
the sign is located.
2.
Permitted Signs in Residential Districts.
|
Use or Function
|
Type of Sign Permitted
|
Total Number of Signs Permitted
|
Maximum Size
|
Maximum Height
(feet)
|
Minimum Setback1
(feet)
|
|---|---|---|---|---|---|
|
Nameplate for residence
|
Ground, hanging, wall
|
1 per lot
|
1 1/2 square feet
|
3 for ground sign
|
10 feet
|
|
No Solicitation
|
Wall
|
1 within 2 feet of front door
|
1 square foot
|
N/A
|
N/A
|
|
Permanent subdivision identification
|
Ground
|
1 per entrance
|
20 square feet
|
6
|
10
|
|
Institutional uses, (school, municipal facilities, library,
etc.), public parks and playgrounds, religious uses, child-care centers
|
Ground or facade
|
1 per street frontage
|
24 square feet
|
8 for ground
|
10
|
|
Farm Stand Permanent signs
|
Ground or facade
|
Maximum of 2 permanent signs
|
24 square feet each
|
6 for ground, not above roof for facade signs
|
10
|
|
Farm Stand Temporary Signs
|
Ground or facade
|
As required for farm marketing
|
16 square feet each
|
6 feet for ground signs
|
N/A, but may not cause traffic or safety hazards
|
|
NOTES for Permitted Signs in Residential Districts:
|
|---|
|
1 Minimum setback applies to all
property lines.
|
3.
Permitted Signs in Nonresidential Districts.
|
Zone
|
Use
|
Type of Sign
|
Total Number of Signs Permitted
|
Maximum Size
|
Maximum Height
(feet)
|
Minimum Setback
(feet)
|
|---|---|---|---|---|---|---|
|
All non-residential1
|
Any permitted
|
Facade or wall
|
1 per street frontage on principal structure
|
10% of facade area or 80 square feet, whichever is less
|
N/A (may not extend above roof)
|
Same as building
|
|
All nonresidential except GB and HB
|
Any permitted but not part of a shopping center or planned development
|
Ground or monument
|
1 per street frontage
|
24 square feet
|
6
|
10
|
|
GB, HB
|
Any permitted but not part of a shopping center or planned development
|
Freestanding (or pole) or ground (or monument)
|
1 per street frontage
|
50 square feet
|
16 for freestanding; 8 for ground
|
15
|
|
All nonresidential except GB and HB
|
Shopping centers
|
Ground or monument
|
1 per street frontage
|
50 square feet
|
8
|
15
|
|
GB, HB
|
Shopping centers
|
Freestanding (or pole) or ground (or monument)
|
1 per street frontage
|
80 square feet
|
16 for freestanding; 8 for ground
|
20
|
|
All nonresidential
|
Any permitted
|
Window signs
|
1 per street frontage
|
No more than 25% of the window area
|
N/A
|
Same as building
|
|
GB,C/LI
|
Gasoline filling stations only
|
Canopy signs
|
1 per street frontage
|
21 square feet
|
Minimum clearance for vehicles, 10 feet
|
Same as building
|
|
All nonresidential
|
Only if a wall sign is not proposed, and only on the vertical
hang
|
Awning signs
|
2 per street frontage
|
No more than 25% of the awning area, and letters not more than
5 inches
|
15
|
Same as building
|
|
All nonresidential
|
Office or industrial parks or shopping areas with more than
four tenants
|
Directory signs
|
1
|
16 square feet
|
6
|
25 from right-of-way
|
|
NOTES for Permitted Signs in Nonresidential Districts:
|
|---|
|
1 For the purposes of the sign regulations,
"all nonresidential" means all nonresidential zones, including those
residential zoning districts in which nonresidential uses are permitted
as a conditional use.
|
c.
Design Regulations.
1.
A total increase in size and height up to 10% may be allowed for
monument or ground signs that are designed with carved or sandblasted
copy and borders.
2.
Freestanding and ground signs shall have a landscaped area around
the base. The landscaped area shall be a minimum of 1.5 times the
area of the sign. For example, a twenty-four-square-foot sign must
have a minimum of thirty-six-foot landscaped area at the base. The
landscaping should include evergreen shrubs and ground cover and seasonal
flowers.
3.
There should be a consistent sign design theme throughout a particular
project. The design theme should include style of lettering, illumination,
color, height, construction material, size, and type of pole or structure.
Color of letters and background should be carefully considered in
relation to the color and material of the buildings and where the
signs are proposed to be located. Signs should be a subordinate feature
of the plan relative to the principal structure. The design of a sign
must be integrated into the design of the building to which it relates.
Adjacent property owners should also seek harmony in design with the
neighboring properties.
4.
Signs must be located on a lot so that they are not within the public
right-of-way and do not interfere with sight distances at street intersections
or ingress and egress points to a lot. Signs intended to be seen from
a vehicle should be perpendicular on the line of travel, while signs
designed to be read by pedestrians can be parallel with walkways.
5.
Sign Lettering. The standard letter height for directional signs
is a letter size of two inches plus one additional inch for each 25
feet of viewing distance. A sign designed to be read from 100 feet
away should have letters of at least six inches.
d.
Prohibited Signs. Any other provisions of this section notwithstanding,
the following signs shall be prohibited in all zoning districts unless
otherwise specified:
1.
Signs which contain or are an imitation of an official traffic signal
or hide from view any traffic street signal or sign or that have any
characteristics that are likely to confuse or dangerously distract
the attention of the operator of a motor vehicle.
2.
Signs which are designed to move, either by mechanical or other means.
3.
Signs which contain or consist of banners, posters, pennant ribbons,
streamers, strings of light bulbs, spinners, or other similarly moving
devices (this does not include permitted flags).
4.
Signs which flash or scroll, except for time and temperature indicator.
5.
Electronic message boards are only permitted within the C-2 Zoning
District, may not change message more often than every 30 seconds,
may only have one color, may not be more than 24 square feet in area,
may not contain more than two lines of text and must be approved as
part of a site plan.
6.
Signs which emit odors or smoke or produce noise or sounds capable
of being heard even though the sounds produced are not understandable.
7.
Silhouetted or three-dimensional signs, e.g., signs lacking a background
and having letters, figures, or devices silhouetted against the sky
or other open space not a part of the sign, and/or signs in which
objects or representational devices are present in the round or other
than in a vertical plane.
8.
Any freestanding sign or any sign projecting from a building, within
a triangular area bounded by the intersection of two right-of-way
lines and a line connecting points 30 feet from such intersection
along the right-of-way lines, whether existing or shown on the Master
Plan or in sight clearance triangles specified in other regulations.
9.
Signs located or placed on any tree, telephone or utility pole, light
standard or upon rocks or other natural features.
10.
Tubes of lighting or strings of lights may not outline the rooflines,
doors, windows or wall edges for advertising purposes. This provision
does not apply from Thanksgiving Day through January 25 (during the
Christmas season).
11.
Portable signs, such as those on wheels.
12.
Signs projecting above the roof or the main cornice line of the building
to which it is affixed.
13.
Off-site signs.
[Ord. No. 79-4 § 3.9; Ord. No. 2015-16]
a.
General Regulations.
1.
No fences may be erected within the municipality without the owner
of the premises or his representative, authorized in writing to make
such application, first obtaining a zoning permit from the Zoning
Officer.
2.
Application for such fences shall be made in writing to the Zoning
Officer, upon a form prescribed by the Zoning Officer setting forth
the following information:
(a)
The owner and address of the premises where the fence is to
be erected.
(b)
A description and specifications of the fence, including size,
height, dimensions, material and size and percentage of opening.
(c)
A sketch or plan of the fence.
(d)
A certified plot plan or survey of the premises in question,
which shall show streets abutting and the nearest intersection, and
shall further indicate the location of structures within 10 feet of
the fence. The Zoning Officer shall be permitted to issue a permit
without a plan or survey where the applicant is able to satisfactorily
demonstrate the location of the property markers on the premises.
3.
The fee for such permit, if any, shall be as provided in the Borough
of Elmer fee schedule.
4.
Any existing deed restrictions shall not be superseded by this section.
b.
Fences and walls may be erected, altered or reconstructed in accordance
with the following regulations:
1.
Fences must not encroach upon public rights-of-way or adjacent properties.
2.
All fences must be erected within the property line.
3.
All fencing must be in conformance with the requirements for visibility at intersections and driveways listed in Subsection 25-18.4.
4.
Fences not exceeding four feet in height above ground level may be
erected between the building line and the road, street and/or right-of-way.
5.
Fences not exceeding six feet in height above the ground level may
be erected between the front building line to the side property lines
and to the rear of the property, unless the fence is otherwise permitted
in this section.
6.
Where a neighboring residential structure is situated within six
feet of the proposed fence, fences not exceeding the height equal
to the distance that the bottom of the lowest first story window on
the neighboring residential structure is situated from the ground
may be erected along the length of the residential structure.
7.
The maximum height must be measured from the natural grade of the
land.
8.
Fences which need to exceed the height (tennis courts, swimming pools,
dog runs, etc.) must meet the required yard setbacks. Security fences
around commercial, industrial or institutional uses shall not exceed
10 feet.
9.
Corner lots. Notwithstanding any provision in this Subsection b, any lot abutting at least two roads, streets and/or rights-of-way shall further conform to the following regulations.
(a)
Fences not exceeding six feet in height above ground level may
be erected no closer to the road, street and/or right-of-way than
a parallel line running from the corner of the dwelling that is closest
to said road, street and/or right-of-way to the rear lot line.
c.
Construction. All fences shall be constructed in accordance with
the following standards:
1.
All fences must be permanent construction and shall withstand a wind
load of fifteen (15 lbs.) pounds per square foot.
2.
All fences must be installed with the side where the supporting posts
or poles are most visible facing the inside or towards the lot the
fence is erected on. The side where the supporting posts or poles
is least visible and is the most finished must face the outside or
adjoining lots or the public right-of-way.
3.
Fences must not be erected of barbed wire, topped with metal spikes,
nor constructed in any manner which may be dangerous to persons or
animals except that these provisions shall not apply to a farm, and
except further that fences around commercial and industrial uses may
be topped by a protective wire barrier.
4.
Fences must be one color, harmonious with the surrounding area.
5.
All fences must be maintained in sound condition. Whenever a fence
or portion thereof is determined to be structurally unsafe, the Property
Maintenance Officer shall order the owner in writing to repair the
fence or remove it within 10 days or be subject to the penalties stipulated
in this subsection.
d.
For a violation of any provision of this subsection, the maximum
penalty upon conviction of said violation shall be one or more of
the following: A fine not exceeding $1,000. Each day in which a violation
of this subsection exists shall constitute a separate and distinct
violation. Any person who is convicted of violating this subsection
within one year of the date of the previous violation of the same
subsection, and who was fined for the previous violation, shall be
sentenced by a Court to an additional fine as a repeat offender. The
additional fine imposed by the Court for the repeated offense shall
not be less than the fine imposed for the previous offense.
[Ord. No. 79-4 § 3.10]
Any driveway providing access from a public street to any permitted
use or structure shall comply with the following regulations:
a.
Driveways shall enter the street or road right-of-way at an angle
between seventy-five (75º) degrees and one hundred five (105º)
degrees.
b.
The portion of the driveway between the street line and the right-of-way
line shall be paved according to Borough specifications as a driveway
extension.
c.
Any curb opening shall be properly reconstructed to the satisfaction
of the Municipal Engineer or the County Engineer along County roads.
Where curbing does not exist and conditions warrant, an adequate drain
pipe shall be installed by the owner at the owner's expense, as determined
by the Municipal Engineer.
d.
Driveway grades shall not exceed 8% for a distance 40 feet from any
right-of-way line.
e.
Driveway widths shall conform to the design standards specified in Subsection 25-29.3. For permitted uses which are not subject to site plan review, driveways shall have a minimum width of 10 feet and a maximum width of 20 feet.
f.
Driveways shall be maintained in adequate condition to permit access
by emergency vehicles.
[Ord. No. 79-4 § 3.11]
The following requirement shall apply in all districts and shall
supplement the sight triangle easements required during site plan
or subdivision review.
a.
Nothing shall be erected, placed, or allowed to grow in such a manner
as to materially impede vision between a height of 30 inches and 10
feet above the center line grade of the abutting streets or driveways
within the triangular area formed by the intersection street and driveway
lines; and
1.
For corner lots, a straight line joining points located on the line
a distance of one foot for each mile of allowed speed limit from the
intersection of the street line.
2.
For a driveway entering a public street, a straight line joining
points located a distance of one foot for each mile of allowed speed
limit along the street line and a point a distance of 15 feet along
the driveway line, from the intersection of the street and driveway
lines.
 |
[Ord. No. 79-4 § 3.12; Ord. No. 2014-17 § 3]
a.
Swimming pools shall be permitted as an accessory use to a residential
unit in accordance with the following standards:
1.
The swimming pool shall not be located in the front yard and no part
of the swimming pool shall be located within the rear or side yard
setback.
2.
Pools shall occupy no more than 75% of the yard area in which it
is located.
3.
All swimming pools in which water may collect in excess of a depth
of two feet shall be completely enclosed by a fence.
4.
The type, quality and method of construction of any required fence
shall be approved by the Construction Officer with the intent that
it shall act as a safeguard and protection to children. Such fence
shall be a least four feet (4) in height, but not in excess of six
feet (6), and shall be nonremovable. Fences shall have self-locking
and self-closing gates and shall be such as to prevent unauthorized
children and stray animals from entering the pool area in accordance
with the requirements of the Construction Code. These requirements
shall also apply to soft-sided pools.
5.
No swimming pool shall be constructed in the Borough except in accordance
with a permit previously secured from the Zoning Office, upon written
application accompanied by a plan showing the size, shape and location
of the swimming pool and its enclosure and such other information
as may be necessary for the Zoning Officer to determine whether the
pool complies with the requirements of this chapter.
6.
All swimming pools shall be constructed to the design standards as
set forth by the National Swimming Pool Institute.
7.
No commercial swimming pool shall be constructed or installed unless
approved as part of a site plan approval. Commercial swimming pools
shall be classified into type in accordance with their particular
use and shall meet the appropriate design standards as set forth by
the National Swimming Pool Institute or the Swimming Pool Code of
New Jersey, whichever is more stringent.
[Ord. No. 79-4 § 3.13]
Adequate off-street parking and loading, open air or indoor, shall be provided with all new construction, the creation of new uses, or the expansion or alteration of existing uses, according to the standards specified in Article IV, Site Plan Review.
[Added 11-13-2019 by Ord.
No. 2019-7]
a.
Ground-mounted solar energy systems shall be permitted as an accessory
use in all zoning districts.
b.
The location of the ground-mounted solar energy system shall meet
all applicable accessory-use setback requirements for the zoning district
in which it is located.
c.
Ground-mounted solar energy systems shall not be permitted in a front
or side yard.
d.
The ground-mounted solar energy system shall not exceed 10 feet in
height measured from the ground.
[Ord. No. 79-4 Ch. III,
Art. V]
Each of the uses listed below shall meet the specified standards
regardless of whether it is listed as a permitted use, conditional
use or requires a use variance in the specific zoning district. Compliance
with these standards shall be considered in any conditional use or
use variance application to the approving authority except when the
applicant specifies that relief is also sought from these special
standards for good reason. In addition to meeting these standards,
the following uses must meet applicable site plan review requirements.
[Ord. No. 79-4 § 3.14; Ord. No. 2000-7 § 1]
Home office use, meaning an office activity carried on for gain
by a resident in a dwelling unit, shall be permitted accessory use
in residential zone districts, provided:
a.
The use is limited solely to office use;
b.
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons;
c.
No nonresident employees, customers, or business invitees or guests
shall visit the dwelling unit for business purposes;
d.
The use shall be located in only one room of the dwelling unit, which
shall not be served by an entrance separate from the household;
e.
Interior storage of materials shall only consist of office supplies;
f.
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage, signs, or lights;
g.
The use operates no equipment or process that creates noise, vibration,
glare, fumes, odors, or electrical or electronic interference, including
interference with telephone, radio or television reception, detectable
by neighboring residents;
h.
The use does not require any increased or enhanced electrical or
water supply;
i.
The quantity and type of solid waste disposal is the same as other
residential uses in the zone district;
j.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel
Service, Federal Express, and other delivery services providing regular
service to residential uses in the zone district;
k.
All vehicular traffic to and from the home office use shall be limited
in volume, type and frequency to what is normally associated with
other residential uses in the zone district.
[Ord. No. 79-4 § 3.14]
a.
A home occupation as defined by this chapter shall be permitted as
an accessory use for a single-family detached dwelling unit in the
specified zoning districts provided that the following standards are
observed:
1.
The home occupation shall be operated by a family member residing
on the premises. No more than two nonresident employees may be employed
to assist in the profession, business, or service.
2.
No more than 25% of the gross habitable floor area of the residential
structure or more than 300 square feet of an accessory use shall be
used or occupied by the home occupation.
3.
Adequate off street parking shall be provided in accordance with
the site plan review design standards. The parking shall not reduce
the parking requirements of the residential structure and shall not
encroach on any required yard areas.
4.
The residential character of the lot, building, and area shall not
be changed. No occupational sounds shall be audible at any property
line and no equipment utilized which will result in radio or television
interference. No goods or products may be displayed which may be visible
from the street.
5.
The sale of goods or commodities shall only be permitted if they
have been produced on the premises or if they are incidental to a
service provided on the premises.
b.
The Zoning Officer shall decide whether a use meets the home occupation
and standards listed in this chapter. If the Officer is unable to
decide whether a proposed use is a "home occupation" or whether a
use violates the standards of this section, the Land Use Board shall
make the final determination.
[Ord. No. 79-4 § 3.15]
a.
Information Required for Site Plan. In addition to the general site plan requirements of Article IV, the site plan submitted for a gasoline service station or repair garage shall include the following information:
1.
The actual floor space and/or ground area to be devoted to or used
for motor vehicle storage.
2.
The number and location of fuel tanks to be installed, the dimensions
and capacity of each storage tank, the depth the tanks will be placed
below ground, and the number and location of dispensers to be installed.
3.
The type and location of all principal and accessory structures to
be constructed.
4.
The location of any church, hospital, theater, library, public playground,
athletic field, public or parochial school, firehouse, municipal building,
existing service station or public garage or any other public or other
building in which the public gathers within 1,000 feet of the proposed
structure or use.
b.
Location Requirements.
1.
No public garage or gasoline service station shall be located within
400 feet of any church, hospital, theater, library, public playground,
athletic field, public or parochial school, firehouse, municipal building
or any public or other building in which the public gathers.
2.
No public garage or service station shall be within 200 feet of an
existing public garage or gasoline service station.
3.
The measurements contained herein shall be made between the two nearest
points of the building structures and not between lot lines, provided,
however, that the measurements between the public garage or gasoline
service station shall be made between the nearest point of the structure
and the nearest lot line of any athletic field or public playground.
The term structure as used herein shall include accessory structures
such as dispensers and measurements contained herein shall be made
between uses on the same or opposite side of the street.
c.
Design Standards.
1.
All gasoline service stations having no more than three dispensing
pumps shall have a minimum frontage of 150 feet. There shall be an
additional 25 feet of frontage provided for every three additional
pumps or fraction thereof.
2.
All gasoline pumps shall be located not less than 35 feet from any
street or property line.
3.
All fuel tanks shall be installed underground and shall be located
at least 35 feet from any street or property lines.
4.
The site shall be properly screened and landscaped in accordance
with the site plan review requirements.
5.
Any building to be erected for use as a gasoline service station
or public garage or in connection therewith shall be of masonry construction
exclusive of ornamentation and roof.
d.
Standards for Operation.
1.
No gasoline service station or public garage shall accumulate or
store any used parts or tires, whether for sale, storage or waste,
on any portion of the premises, unless in the permanently enclosed
building.
2.
All drainage, refuse, grease drippings, oily rags or other greasy
or oily material shall be kept enclosed in metal containers approved
by fire underwriters for disposal.
3.
Any repair of motor vehicles shall be performed in a fully enclosed
building and no motor vehicle parts, or partially dismantled vehicles
shall be stored outside an enclosed building.
[Ord. No. 79-4 § 3.16]
a.
In addition to normal site plan review requirements, the applicant
shall submit the following information:
1.
A statement indicating the need and purpose of the installation.
2.
Proof shall be furnished that the proposed installation in the location
specified is necessary for the efficient and convenient operation
of the public utility involved and for the satisfactory and convenient
provision of service to the neighborhood or area in which the use
is to be located.
b.
The design of any building in connection with the use shall conform
to the general requirements of the area in which it is it be located.
The applicant shall demonstrate that the proposed use will in no way
adversely affect the safe and comfortable enjoyment of neighboring
properties.
c.
Adequate screening and buffering shall be provided for all such uses
to prevent glare or noise beyond the limits of the parcel.
[Ord. No. 79-4 § 3.17]
a.
Kennels or animal hospitals having open pens or cages shall be located
on a land parcel of not less than five acres and shall be set back
at least 200 feet from all lot lines.
b.
Kennels or animal hospitals in which the use is to be carried on
within a completely enclosed soundproof building shall be located
on a land parcel of not less than two acres and shall be set back
at least 50 feet from all lot lines.
[Ord. No. 79-4 § 3.18]
a.
Organization of Club.
1.
Private and public swimming clubs shall be operated on a nonprofit,
annual membership basis. Proof shall be furnished that the proposed
use is a bona fide nonprofit activity organized solely for the use
and enjoyment of the membership.
2.
The maximum membership of the club shall be fixed at the time of
application and shall be commensurate with the size of the parcel
and the scale of facilities contemplated. No expansion of the membership
shall take place subsequently without supplemental application to
and approval by the Land Use Board.
b.
Design Standards.
1.
The parcel involved shall have a minimum lot size of three acres
and shall have at least 200 feet of frontage.
2.
No more than 25% of the lot shall be covered by impervious surfaces.
3.
The pool, accessory structures and all accessory uses (including
parking) shall not be located within 75 feet of any property line.
All boundaries shall be screened as required by the site plan review
design requirements.
4.
All pools shall be surrounded by a fence at least six feet in height,
the entrance to which shall be kept locked when the facility is unattended.
5.
Any pool established in connection with public swimming clubs shall
be constructed and operated according to the requirements of N.J.S.A.
26:3-69.1 through 69.6 as amended and supplemented. The above titled
statute, commonly known as the "Swimming Pool Code of New Jersey,"
1955, is hereby adopted by reference. A copy of the Code is annexed
hereto and made a part thereof without inclusion of the text.
[Ord. No. 79-4 § 3.19]
a.
Information Required to Be Submitted. In addition to other information
required for site plan review, the applicant shall submit a detailed
description of the proposed industrial facilities and the materials,
processes, products, and by-products involved. Specific information
shall be included concerning the potential impacts and the proposed
control strategies with respect to the following:
b.
Standards of Performance. No use shall be permitted within the Borough
which does not conform to the following standards of use, occupancy,
and operation.
The following standards are the minimum requirements to be maintained
within the Borough.
1.
Noise.
(a)
For zoning districts other than industrial, there shall be no
noise measured along the property line on which the use is located
which shall exceed the values given in the following table:
|
Frequency Band in Cycles per Second
|
Average Sound-Pressure Level: Decibels, Re 0.0002 dyne-em
|
|---|---|
|
0—75
|
65
|
|
76—150
|
50
|
|
150—300
|
44
|
|
300—600
|
38
|
|
600—1,200
|
35
|
|
1,200—2,400
|
32
|
|
2,400—4,800
|
29
|
|
4,800 and above
|
26
|
(b)
For industrial zoning districts, there shall be no noise measured
along the property line on which the use is located which shall exceed
the values given in the following table:
|
Frequency Band in Cycles per Second
|
Average Sound-Pressure Level: Decibels, Re 0.0002 dyne-em
|
|---|---|
|
0—75
|
90
|
|
75—100
|
82
|
|
100—300
|
74
|
|
300—600
|
68
|
|
600—1,200
|
55
|
|
1,200—2,400
|
62
|
|
2,400—4,800
|
59
|
|
4,800 and above
|
56
|
2.
Dust and Vapors.
(a)
No emission which can cause any detrimental effect to human
beings, animals, vegetation or property or which can cause noticeable
soiling at any point shall be permitted.
(b)
No emission of liquid or solid particles from any chimney or
otherwise shall exceed .3 grains per cubic foot of the covering gas
at any point. For measurement of the amount of particles in gases
resulting from combustion, standard correction shall be applied to
a stack temperature of five hundred (500º) degrees F. and 50%
excess air.
3.
Smoke.
(a)
No visible gray smoke shall be emitted from any chimney or other
source greater than No. 1 on the Ringelmann smoke chart as published
by the U.S. Bureau of Mines.
(b)
Smoke of a shade not darker than No. 2 on the Ringelmann smoke
chart may be emitted for no more than four minutes in any 30 minutes.
(c)
These provisions, applicable to visible gray smoke, shall also
apply to visible smoke of a different color but with an equivalent
apparent opacity.
4.
Odor. No omission of odorous gases or other odorous matter shall
be permitted which is offensive at any lot boundary line. Any process
which may involve the creation or emission of any odors shall provide
a secondary safety system so that control will be maintained if the
primary safeguard system should fail.
5.
Glare or Heat. Any operation producing intense glare or heat shall
be performed within an enclosed building or behind a solid fence or
earthen berm in such manner as to be completely imperceptible from
any point along the lot lines.
6.
Vibration. No vibration which is discernible to the human sense of
feeling shall be perceptible without instrument at any point beyond
the lot line. Vibration which is not discernible to human sense but
which is at low or high frequencies capable of causing discomfort
or damage to life or property is prohibited beyond the property line
and must be monitored and controlled within the property line to meet
the standards of the Occupational Safety and Health Administration.
7.
Toxic or Noxious Matter. No use shall, for any period of time, discharge
any toxic or noxious matter in such concentration as to be detrimental
to or endanger the public health, safety, comfort or welfare or cause
injury or damage to property, business, marine life or wildlife.
8.
Electrical Disturbance. No activities shall be permitted (except
domestic household appliance use) which produce electromagnetic interference
in excess of standards prescribed by the Federal Communications Commission.
9.
Fire and Explosion Hazards. No industrial use shall be permitted
which will create an explosion .or fire
hazard to an adjacent use as determined by the New Jersey Inspection
Bureau. Any industrial operation which requires the use of flammable
materials shall enclose such materials in noncombustible walls and
shall provide an adequate buffer area to prevent damage to adjacent
property in case of an accident.
10.
Outdoor Storage.
(a)
No toxic waste, gas, or solid, shall be stored outside of the
structure in which it will be used unless it is stored on a surface
impervious to the toxic waste and a suitable collection system is
provided for any spillage or leaks. In no case shall the toxic waste
containment be located directly on the earth or paved area.
(b)
Flammable or explosive liquids, solids, or gases shall be stored
underground except for tanks or drums of fuel directly connected with
energy or heating devices.
(c)
All outdoor storage facilities for fuel, raw materials and products
shall be enclosed by a fence adequate to conceal the facilities from
any adjacent properties.
(d)
No materials shall be deposited upon a lot in such form or manner
that may be transferred off the lot by natural causes or forces.
(e)
All materials or wastes which might create fumes or dust or
which constitute a fire hazard or which may be edible or otherwise
attractive to rodents or insects shall be enclosed in containers.
[Ord. No. 79-4 § 3.20]
a.
Two-family structures may be built within the MR district only, as
a use by right, provided that the following conditions are met:
1.
The minimum lot area for the two structures shall be double the minimum
lot area for the structure as defined within the Schedule of District
Regulations for each particular zone. (The Schedule of District Regulations
is included in Appendix C as an attachment to this chapter.)
2.
The minimum side yard between the two structures shall be waived
but the remaining side yard on both sides of the combined structures
shall be doubled.
[Ord. No. 79-4 § 3.21;
New]
a.
The owner of any dwelling of three bedrooms or more or with a gross
floor area of more than 3,000 square feet, excluding the attic and
the basement, which is in conformity with the regulations of the district
in which it is located may convert such dwelling into no more than
three one-family dwelling units, but only after a conditional use
permit is issued by the Land Use Board and only after compliance with
the following terms and conditions:
1.
There shall be a minimum lot area established by the Schedule of
District Regulations for every dwelling unit in the converted structure,
including the original one. (Schedule of District Regulations is included
in Appendix C as an attachment to this chapter.)
2.
A certificate shall be supplied to the Board indicating that the
existing septic system has been modified or added to, to accommodate
the additional demands generated. Such certificate shall be signed
and sealed by a professional engineer licensed to practice in New
Jersey.
3.
Each dwelling unit resulting from a conversion shall contain at least
two rooms in addition to a bathroom and kitchen and shall comply with
the minimum floor area within the Schedule of District Regulations.
4.
Each room resulting from a conversion shall be of reasonable size
for the use intended and shall have adequate light and air from the
outside which complies with requirements of the New Jersey Tenement
Act (N.J.S.A. 55:5-1 et seq.).
5.
Each dwelling unit resulting from such conversion shall have safe,
adequate, and convenient means of access and egress which comply with
the requirements of the New Jersey Tenement Act (N.J.S.A. 55:3-1 et
seq.).
6.
The ground floor area of the original dwelling shall not be enlarged
nor the number of stories increased in connection with any dwelling
unit conversion.
7.
Each dwelling resulting from such conversion shall have two off-street
parking spaces provided which shall be paved.
8.
No such conversion shall take place and no construction shall be
undertaken or permit issued therefor unless and until a proper site
plan application has been submitted to and approved by the Land Use
Board as being in conformity with the terms and conditions of this
section and general site plan requirements.
[Ord. No. 79-4 Ch. III,
Art. VI]
Because of the complexity of factors which affect the use of land, it is not appropriate to definitively determine all of the uses permitted in each zone. Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the Borough and region and at the same time, realizing that such uses may be or may become harmful to the public health, safety, and general welfare if located and operated without proper consideration of existing conditions and character of surrounding property, such uses are hereby designated "conditional uses" and listed as such under the appropriate zone district in the Schedule of District Regulations. (The Schedule of District Regulations is included in Appendix C as an attachment to this chapter.) The intent of this section is to establish a procedure for the Land Use Board to consider these specified uses on a case by case basis. Decisions of the Board on conditional uses shall be rendered after public hearing and shall be based on the standards specified in this section and § 25-18.
[Ord. No. 79-4 § 3.22]
In all requests for conditional uses, the burden of proof shall
be on the applicant. The considerations and standards upon which the
conditional use shall be based and decided shall be as follows:
a.
The use for which application is being made is specifically authorized
as a conditional use in the Schedule of District Regulations for the
district in which it is proposed.
b.
All regulations and standards specified in this chapter which are
applicable to the proposed use shall apply. The area, bulk, and height
regulations for each district shall apply as minimum requirements
except in the following instances:
2.
For commercial and industrial uses, the area and dimensional standards
of the most restrictive commercial or industrial district shall apply,
except if the prevailing zone district standards are more restrictive.
c.
The design, arrangement, and the nature of the particular use is
such that the public health, safety, and welfare will be protected
and reasonable consideration is afforded the neighborhood and the
zoning district with regard to conservation of property values, evidence
of congestion of vehicular traffic, or the creation of any unnecessary
hazard.
d.
Nonresidential buildings shall be oriented so as not to face building
frontage or public entrance ways in the direction of a residential
neighborhood. Special consideration shall be given to the buffering
and screening of all such uses from any residential use.
e.
Building and structural design shall be compatible with surrounding
land uses.
f.
Whenever possible, commercial and industrial conditional uses shall
gain access from roads of minor collector status or above. Traffic
intensive uses, defined as generating more than 50 trips per day,
shall be located on a major collector or arterial road. Applications
for commercial or industrial uses which do not meet these criteria
shall include a detailed traffic report prepared by a qualified traffic
engineer. The traffic report shall include traffic generation calculations,
peak hour calculations, and an evaluation of the internal traffic
circulation plan and external access roads to handle the anticipated
traffic. This traffic report shall be used to determine the appropriate
level of off-tract road improvements required.
g.
The Land Use Board may impose any modification or conditions it may
deem necessary to carry out the intent of this chapter or to protect
the health, safety, and general welfare of the public.
[Ord. No. 79-4 § 3.23; Ord. No. 86-1 §§ I, II;
New; Ord. No. 2015-8; Ord. No. 2017-5 § 2]
a.
Appointment of Zoning Officer. The Governing Body shall appoint a
Zoning Officer to administer and enforce the provisions of this chapter
except as otherwise provided by law or by this chapter. The Zoning
Officer shall be appointed for the term of one year, beginning the
first day of January and shall receive such compensation for his services
as shall be fixed by ordinance of the Governing Body.
b.
Duties of Zoning Officer.
1.
The principal duty of the Zoning officer shall be to enforce the
provisions of this chapter. The Officer shall cause the examination
or inspection of any plans, buildings, or premises to determine that
they are not in violation of this chapter. The Officer shall have
the right to enter any building or premises by appointment during
normal daytime working hours in the course of his duties.
2.
If the Zoning Officer determines that any plans, buildings, or premises
are in violation of the provisions of this chapter, the Officer shall
issue an order in writing to the responsible party to remedy such
conditions. The written order shall specify the nature of the violation,
the remedy ordered, and the time permitted for remedial action. The
Zoning Officer shall order discontinuance of illegal uses of land,
buildings, or structures, alterations or structural changes thereto,
discontinuance of any work being done; and shall take any other action
authorized by this chapter or the provisions of applicable New Jersey
laws, to insure compliance with or to prevent violation of zoning
requirements. The Zoning Officer shall have recourse to any and all
remedies, including injunction, restraining orders, and writs of mandamus.
3.
The Zoning Officer shall record and file all applications for zoning
permits, together with the plans, documents, and other papers accompanying
such applications. After the appropriate fees have been paid, and
the Officer has determined that the application is in conformance
with this chapter, the Zoning Officer shall issue the zoning permit.
At the end of each month, the Zoning Officer shall submit a report
to the Governing Body indicating all zoning permits applied for and
those granted, all ordinance violations and remedial actions, and
all certificates of occupancy granted.
4.
A record of current land use shall be maintained by the Zoning Officer.
Any changes of land use shall be reviewed to insure compliance with
this chapter and shall be submitted in report form to the Board every
six months.
c.
Zoning Permits. No building or other structure shall be erected,
moved, added to, or structurally altered and no lot shall be cleared,
graded, or otherwise prepared for an open land use without first obtaining
a zoning permit therefor from the Zoning Officer. No zoning permit
shall be issued except in conformance with the provisions of this
chapter or, where authorized, upon written order of the Board or Governing
Body. The zoning permit shall be in addition to a conditional use
permit, a construction permit, certificate of occupancy, or any other
required permit.
1.
Application. All requests for zoning permits shall be made in writing
to the Zoning officer on forms supplied by the Zoning Officer and
shall be signed by the owner or his authorized agent. The application
shall include a description of the use or intended use or uses of
the building and/or land and shall be accompanied by two copies of
a site plan drawn to scale showing any existing or proposed buildings
or open land uses and their exact relation to all lot and street lines.
The application shall include such other information as reasonably
may be required by the Zoning Officer to determine conformance with
and to provide enforcement of this chapter. The applicant shall further
sign a declaration indicating that to the best of the applicant's
knowledge the provisions of the Zoning Chapter have been met.
2.
A zoning permit shall be granted or refused by the Zoning Officer
within 10 days after a complete application and fee are submitted
except when either conditional use review or site plan review is required.
If further review is required additional copies of a site plan shall
be submitted to meet the application requirements for these reviews.
3.
Duration of Permits. If, after a zoning permit or conditional use
permit has been authorized by the Zoning Officer or Board, the applicant
has not obtained the permit within a period of six months from the
date of such authorization or as provided by N.J.S.A. 40:55D et seq.,
then such authorization shall be null and void and no permit shall
be issued thereunder unless the applicant shall have, prior to the
expiration of the aforesaid six month period, made written application
for an extension. Such extension shall be granted by the appropriate
approval authority, for a period not to exceed six months, upon good
cause having been shown by the applicant.
d.
Zoning Permit for Conforming or Nonconforming Use. It shall be unlawful
to use or occupy or to permit the use or occupancy of any building
or premises or both, or part thereof, hereinafter created, erected,
changed, converted or wholly or partly altered or enlarged in its
use or structure, or to continue the use of a building, structure
or premises as a legal nonconforming use, until a Zoning Permit shall
have been issued therefor by the Zoning Officer, stating that the
proposed use of the building or land conforms to the requirements
of this and other Borough ordinances.
1.
Procedures.
(a)
Prior to construction, reconstruction or alteration of any building
or structure or prior to any change in the use of any building, structure,
or land the applicant shall transmit, by registered mail, to the Zoning
Officer a letter stating that a new or changed use is being proposed.
All applications for a Zoning Permit shall be accompanied by the required
fee.
(b)
Within seven days of the receipt of this letter, the Zoning
Officer shall make all necessary inspections of the structure and/or
proposed use to determine the conformance with the terms of this chapter
and issue either a Zoning Permit or a letter of denial, stating the
reasons therefor.
(c)
The Zoning Official shall, upon proper application accompanied
by necessary proof or documentation, issue a Zoning Permit for uses
existing at the effective date of this chapter in order to officially
validate:
2.
A Zoning Permit shall be issued only if the Zoning Officer finds
the requirements of this chapter or applicable supplementary actions
have been complied with. Any Zoning Permit shall be continued in force
only so long as the use or building for which it was issued continues
to conform to the requirements of this chapter. A record of all permits
shall be kept on file in the office of the Zoning Officer and copies
of all permits issued shall be forwarded to the Borough Tax Assessor.
3.
Fee Schedule.
(a)
Zoning Permits - $25.00.
(b)
All fees shall be paid by the applicant to the secretary or
clerk of the municipal agency to which the application is being made
at the same time as the application is submitted, or to the Zoning
Officer with regard to zoning permits. All fees collected under this
section should be turned over to the Borough Treasurer within 24 hours.
[Ord. No. 79-4 § 3.24;
New]
For each and every violation of any provision of Articles III and IV of this chapter, the owner, contractor, or other person interested as general agent, architect, building contractor, owner, tenant, or any other person who commits, takes part, or assists in any violation of this chapter, or who maintains any building or premises in which any violation of this chapter shall exist, and who has refused to abate the violation within five days after written notice has been served upon him either by mail or personal service, or such further time as is provided in such notice, shall, upon conviction, for each and every violation be liable to the penalty stated in Chapter 1, § 1-5. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.
