This chapter shall be known and may be cited
as the "Alpha Borough Zoning Ordinance of 2000."
The purpose of this chapter is to encourage
the most appropriate use of land throughout the Borough and to conserve
the value of property, with due consideration for the character of
the zones and their peculiar suitability for particular uses, all
in accordance with a comprehensive plan designed to lessen congestion
in the streets, to secure safety from fire, flood, panic and other
dangers, to promote health and the general welfare, to provide adequate
light and air, to prevent the overcrowding of land, to avoid undue
concentration of population and to that end to regulate the height,
design, appearance, number of stories and size of buildings and other
structures, the percentage of the area of the lot that may be occupied,
the size of yards, courts and other open spaces, the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes and the height, size and location
of these uses within the limits of the Borough.
A.Â
Whenever a term is used in this chapter which is defined
in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in the definition of such term found in said statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
B.Â
ACCESSORY STRUCTURE
ACCESSORY USE
ADULT
ADULT BOOKSTORE AND/OR GIFT STORE
ADULT MOTION-PICTURE THEATER
AFFORDABLE HOUSING UNIT
ALTER
AREA OF SOLAR ARRAY
BASEMENT
BUILDING
BUILDING COVERAGE
COAH
CELLAR
CERTIFICATE OF OCCUPANCY
CHURCH
CLUB, NONPROFIT
CLUSTER DEVELOPMENT
COMMERCIAL VEHICLES
CORNER LOT
DENSITY, GROSS
DENSITY, NET
DWELLING or DWELLING UNIT
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, ONE-FAMILY ATTACHED
DWELLING, TWO-FAMILY
FAMILY
FARM
FARM BUILDING
FENCE
FLOOR AREA, TOTAL
GARAGE, PRIVATE
GROUND-MOUNTED SOLAR ARRAY
HEIGHT OF BUILDING
HOME OCCUPATION
HOTEL or MOTEL
HOUSING OFFICER
INSTITUTIONAL USE
INTERIOR LOT
LAND USE BOARD
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT WIDTH
LOW INCOME
MANUFACTURING
MODERATE INCOME
MOTOR VEHICLE SERVICE ESTABLISHMENT
MOTOR VEHICLE SERVICE STATION
NEIGHBORING PROPERTIES
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
OFFICE
OFF-STREET LOADING SPACE
OFF-STREET PARKING AREA
OFF-STREET PARKING SPACE
PRIMARY USE
PRINCIPAL BUILDING
PRINCIPAL USE
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
QUASI-PUBLIC
(1)Â
(2)Â
REGION
RESIDENTIAL SITE IMPROVEMENT STANDARDS
RESTAURANT
RESTAURANT, DRIVE-IN
ROOFTOP SOLAR ARRAY
SENIOR CITIZENS HOUSING
SIGN
SIGN AREA MEASUREMENT
SIGN, IDENTIFICATION
SIGN, TRAFFIC CONTROL
SOLAR ENERGY SYSTEM
SOLAR PANELS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STORE, RETAIL
STORE, WHOLESALE DISPLAY
STORY
STORY, HALF
SWIMMING POOL, PRIVATE
TRACT
USE
UTILITIES
UTILITY
WAREHOUSE
YARDS
(1)Â
(2)Â
(3)Â
ZONING OFFICER
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
A separate, subordinate structure on the same lot with a
principal structure and devoted exclusively to an accessory use.
A use naturally and normally incident and subordinate to
the principal use of a structure or lot.
Any person or persons who have attained the age of 18 years.
An establishment having as a substantial or significant portion
of its stock-in-trade gifts, devices, books, magazines and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas (as defined herein) and limiting the sale
of such sexual material to adults.
An enclosed building used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas
(as defined herein) for observation by patrons.
A dwelling unit designated and deed restricted for occupancy
by a qualified low- or moderate-income household for a specified number
of years meeting the requirements of the New Jersey Council on Affordable
Housing (COAH).
To change the supporting members of a structure to add to
or reduce the size of a structure, to change the use from that permitted
in one zone to a use permitted in another, to convert a structure
or a part thereof or to move a structure from one location to another.
The area of the smallest encompassing square, rectangle (or
other geometric figure) of a ground-mounted solar array.
[Added 12-13-2011 by Ord. No. 11-12]
A portion of the building partly underground, but having
less than 1/2 of its clear height below the average grade of the adjoining
ground. (See "cellar.")
Any structure having a roof supported by columns or walls
and intended for shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind or nature.
The horizontal area measured within the outside of the exterior
walls of the ground floor of all principal and accessory buildings
on a lot.
The New Jersey Council on Affordable Housing.
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade or adjoining
ground. (See "basement.")
A certificate issued by the Construction Official upon completion
of construction, alteration or change in occupancy or use of a building.
[Amended 6-22-2004 by Ord. No. 04-15]
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship or religious education.
For the purpose of this chapter, the word "church" shall include chapels,
congregations, cathedrals, temples and similar designations, as well
as parish houses, convents and such accessory uses.
A building used to house a social, fraternal or service organization
or club not organized or conducted for profit and which is not adjunct
to or operated by or in conjunction with a public tavern, cafe or
other place of business.
The permitted reduction in lot sizes and lot area requirements
in major subdivisions in which the density requirement (dwelling units
per acre) is maintained and where all resulting open land within said
subdivision is deeded to the Borough of Alpha for public purposes
or reserved as permanent open space.
Commercially licensed vehicles of any kind, except passenger
cars and station wagons which do not have commercial advertising,
lettering, signs or names and addresses on the exposed portions thereof,
provided that the word "signs" does not apply to the usual trademarks
or labels of the manufacturer or dealer. The term "commercial vehicles"
shall also include school buses and omnibuses. The definition of the
terms in this section relating to motor vehicle types shall be as
provided in N.J.S.A. 39:1-1.
A lot at the junction of and having frontage on two or more
intersecting streets.
The total number of dwelling units existing or permitted
on a tract divided by the total area of the tract. The result is expressed
as dwelling units per acre.
The total number of dwelling units within a designated portion
of a tract divided by the total land area of the designated portion
of the tract, including the open space, roadways, parking areas and
common facilities devoted exclusively to that portion of the tract.
The result is expressed as dwelling units per acre.
A building or portion thereof designed and used as the residence
of a family.
A building designed for and containing three or more dwelling
units.
A building designed for and containing one dwelling unit
only.
A one-family dwelling connected to at least one other one-family
dwelling by common wall(s), trellis(es), patio(s), garage(s), or the
like, in which each unit has its own direct access to the outside
and no unit is located over another unit.
A building containing two dwelling units.
One or more persons living privately as a single housekeeping
unit and using cooking facilities in common and not under a normal
landlord-tenant relationship.
Any parcel of land which is used for gain in the raising
of agricultural products, including crops, livestock, poultry or dairy
products.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with and necessary to the operation of the farm as
defined by this section. The term "farm building" shall not include
a dwelling located on a farm.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials
erected for the enclosure of yard areas.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. Said area shall be measured between the outside
faces of exterior walls or from the center line of walls separating
two uses. Said areas shall not include areas below the average level
of the adjoining ground, garage space or accessory building space.
A secondary building used in conjunction with a primary building
which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
A solar energy system, as defined herein, that is mounted
on armatures anchored to the ground with ground cover beneath.
[Added 12-13-2011 by Ord. No. 11-12]
The vertical distance measured from the average finished
grade level immediately adjacent to the building foundations to the
extreme high point of the building, exclusive of parapet walls not
exceeding four feet in height for structures with a flat roof, church
steeples and spires, chimneys, antennas, farm silos, solar panels,
HVAC systems, and similar fixtures.
[Amended 11-24-2020 by Ord. No. 2020-15]
A permitted commercial activity conducted entirely within
a dwelling unit or permitted accessory structure thereto conducted
by members of the family residing therein; which is clearly incidental
and accessory to the residential use of the dwelling in a residential
zone, does not change the residential character of the dwelling or
lot thereon and is in accordance with the provisions of this chapter.
An establishment providing lodging and usually meals for
the general public, especially transient guests. It may include such
uses incident to the operation as follows: rest rooms, offices, meeting
rooms, restaurants, cocktail lounges, beauty parlors, barbershops,
apparel stores, confectionery shops and the like. Such incidental
uses shall be conducted solely within the primary building.
The Clerk of the Borough of Alpha and/or any entity designated
by the Borough Council to act as the agent of the Borough Clerk in
managing the occupancy of the affordable housing units created in
the Borough of Alpha.
A nonprofit public, private or quasi-public use such as a
church, school, library, hospital, club, lodge and fraternal, civic,
service or charitable organization.
Any lot other than a corner lot.
The Board established by ordinance empowered to hear land
use applications. This shall be either the Planning Board, Board of
Adjustment or a combined Planning Board and Board of Adjustment.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of the lot included in a public street right-of-way
shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which is devoted to building
coverage.
The least continuous horizontal distance between the side
lot lines measured at the distance from the street line which establishes
the minimum required front yard. On corner lots, the lot width shall
be measured between a street line and the opposite side lot line.
Less than 50% of the median income for the region for households
of a specified size, as currently approved by COAH.
The production of articles or finished products from previously
refined raw materials by giving them new forms or qualities.
Fifty percent to 80% of the median income for the region
for households of a specified size, as currently approved by COAH.
A building or use which is designed or intended to be used
for the storage, servicing, repair, maintenance or cleaning of motor
vehicles or other automotive equipment.
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and lubricating oil, regardless of any other
business on the premises, which business may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
not including facilities for body repair work or painting.
All properties, lots or portions thereof that are directly
adjacent to a lot by means of a common lot or boundary line; or any
property, lot, projected lot or boundary line, or portion thereof,
that fronts onto opposite sides, measured at 90°, of a common
street right-of-way or easement line.
A building, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
[Amended 6-22-2004 by Ord. No. 04-15]
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
[Added 6-22-2004 by Ord. No. 04-15]
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
[Amended 6-22-2004 by Ord. No. 04-15]
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative and executive purposes, as distinguished from a
shop or store.
An accommodation for the off-street parking of a commercial
vehicle for the purpose of delivery to or receipt from a building
of goods and materials and having a width of at least 12 feet, a length
of at least 50 feet and a clearance above grade of at least 14 feet.
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use whether for
a fee or as a service or privilege for clients, customers, suppliers
or residents.
The off-street parking area for one motor vehicle. Such parking
space shall have an area of not less than 200 square feet, exclusive
of access drives or aisles, shall be a minimum of 10 feet in width
measured perpendicular to the axis of the length and shall have adequate
provision for ingress and egress on the property.
Shall mean principal use.
A structure arranged, adapted or designed for the predominant
or primary purpose for which a lot may be used.
The primary or predominant use of the premises.
A tract with a minimum contiguous acreage of 20 acres or
more to be developed as a single entity according to a plan showing
one-family or multifamily residential units, or both, and meeting
the requirements of this chapter.
An agency or body which is defined by one of the following:
An organization either not-for-profit or for-profit
that is created by the State of New Jersey, any political subdivision
or agency including any special district or authority or unit of local
government to perform a public purpose.
An organization organized not-for-profit which
serves an eleemosynary purpose such as a church, charitable organization,
hospital organization or other similar organization.
The housing region for Alpha Borough established by the Council
on Affordable Housing.
The "Residential Site Improvement Standards" adopted by the
Department of Community Affairs and published as New Jersey Administrative
Code Title 5, Chapter 21.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building.
An establishment where patrons are served soft drinks, ice
cream and other food products for consumption outside the confines
of the principal building or in automobiles parked upon the premises,
regardless of whether or not, in addition thereto, seats or other
accommodations are provided for the patrons.
A solar energy system, as defined herein, that is mounted
to roof of a building or structure.
[Added 12-13-2011 by Ord. No. 11-12]
Housing designed, set aside and restricted for occupancy
only by households in which at least one member is 62 years of age
or older.
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons, company, corporation, service
or product, when the same is placed, erected, attached, painted or
printed, whether inside or outside the building, where it may be viewed
from the outside of any structure on the premises where placed.
The area of any sign shall be computed as the product of
the largest horizontal width and the largest vertical height of the
lettering, illustration, display or background. This shall not be
construed to include the supporting members of any sign which are
used solely for such purpose. If the letters, illustration, display
or background are attached directly to the face of a building, the
height or width of the sign shall be the height or width of the largest
letter, illustration, display or background, whichever is the greater.
For signs with two display faces which are mounted back-to-back, the
maximum area requirement shall be permitted on each side. Signs with
more than two display faces are prohibited.
Any sign which shall be used to advertise and identify the
business conducted on the premises where the sign is located.
Any sign which is used to direct or control traffic flow
on or around a site. Traffic control signs shall be of a size and
shape conforming to the "Manual on Uniform Traffic Control Devices."
Traffic control signs shall not contain any company logos, trademarks
or distinctive lettering.
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 12-13-2011 by Ord. No. 11-12]
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 12-13-2011 by Ord. No. 11-12]
A building or part thereof in which or from which merchandise
or services are furnished directly to the public.
A building or part thereof where merchandise is displayed
for sale and sold at wholesale, but where no goods, wares, merchandise
or material is warehoused.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A basement
shall also be included as a half story.
A swimming pool operated as a secondary use to a residential
dwelling unit or units and located on an individual residential lot.
An area of land composed of one or more contiguous lots having
sufficient area to meet the requirements of this chapter for the use(s)
permitted. For the purposes of computing the tract area and gross
density of a development in the AH Zone, a tract shall consist only
of that land which is located wholly within the AH Zone.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Those services customarily rendered by public utility corporations,
municipalities or municipal authorities, to include, but not necessarily
limited to, electricity, gas, telephone, water and sewage and the
appurtenances used in connection with the supplying of such services,
including but not necessarily limited to buildings, wires, pipes and
poles.
Any land use or activity under exclusive or public franchise
or under closely regulated operation or under certificate of convenience
and necessity, providing the public with electricity, gas, heat, steam,
communication, rail transportation, water and sewage or as defined
in N.J.S.A. 48:2-12 as a public utility and regulated by the New Jersey
Board of Public Utilities but specifically excluding solid waste collection,
treatment and/or disposal.
A building used for the temporary storage of goods, materials
or merchandise for later or subsequent distribution or delivery elsewhere
for purposes of processing or sale.
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot.
The officially established Zoning Enforcement Officer of
the Borough of Alpha.
C.Â
Word usage. For the purposes of this chapter, all
words used in the present tense include the future tense. All words
in the plural number include the singular number, and all words in
the singular number include the plural number, unless the natural
construction of the word indicates otherwise. The word "shall" is
mandatory and directory. The word "used" includes "designed, intended
or arranged to be used."
In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. It is not intended by this chapter to repeal,
abrogate, annul or in any way to impair or interfere with any existing
provisions of the law or ordinance, or any rules, regulations or permits
previously adopted or issued, or which shall be adopted or issued
pursuant to law relating to the use of buildings or premises; nor
is it intended by this chapter to interfere with or abrogate or annul
any easements, covenants or other agreements between parties; provided,
however, that where this chapter imposes a greater restriction upon
the use of buildings or premises or upon the height of buildings or
requires larger yards, courts or other open spaces than are imposed
or required by such existing provisions of law or ordinance, or by
such rules, regulations or permits, or by such easements, covenants
or agreements, the provisions of this chapter shall control.
Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive or those imposing
the highest standards shall govern.
No building shall hereafter be erected, and
no existing building shall be moved, structurally altered, rebuilt,
added to or enlarged, nor shall any land be used for any purpose other
than those included among the uses listed as permitted uses in each
zone by this chapter and meeting the requirements set forth in the
appended schedule, nor shall any open space contiguous to any building
be encroached upon or reduced in any manner, except in conformity
with the area and bulk requirements, off-street parking requirements
and all other regulations designated in the schedule and this chapter
for the zone district in which said building or space is located.
In the event of any such unlawful encroachment or reduction, such
building or use shall be deemed to be in violation of this chapter,
and the certificate of occupancy shall become void.