No accessory building or structure shall be
built on any lot on which there is not a principal building or structure.
A.
Accessory structures or uses shall not be located
in the required front yard or within the front half of the side yard
of any residential zone and may be erected anywhere within the required
rear yard, except as provided herein:
(1)
In all residential zones, no accessory structure or
use shall be located within five feet of a side or rear property line,
provided that accessory structures, other than patios and decks, which
are greater than 150 square feet in area shall be set back minimally
10 feet from side and rear property lines.
[Amended 3-17-2004 by Ord. No. 904-04]
(2)
Accessory structures shall be set back minimally 10
feet from the principal building and four feet from another accessory
building.
(3)
Light posts, mailboxes, fences, signs and retaining
walls shall be permitted within the required front yard of any residential
use. Off-street parking is also permitted in a front yard, restricted
to the driveway paved area. Mailboxes within the required front yard
setback shall be limited to those intended specifically for residential
mail and which are owned and maintained by the United States Postal
Service.
[Amended 3-17-2004 by Ord. No. 904-04]
(4)
With respect to a building or portion of a building
used exclusively as a garage or a storage shed, used for storage of
personalty of the owner/occupier of the premises, whether attached
or detached, the minimum required side yard and rear yard abutting
such garage or storage shed shall be three feet, a shed being a small
structure built for storage, not to exceed 13 feet in length, 12 feet
in width and eight feet in height. The three-foot side yard setback
shall include the driveway.
[Added 12-20-2000 by Ord. No. 811; amended 3-17-2004 by Ord. No. 904-04]
B.
No accessory structure or use in a residential zone
shall exceed a height of 18 feet and one story, except as specifically
provided herein. The first floor height shall be limited to nine feet
as measured from the top of the concrete floor or finished floor to
the top of the sill plate.
[Amended 3-17-2004 by Ord. No. 904-04]
C.
No accessory structure or use shall occupy an area
greater than 10% of the area of the rear yard.
D.
When an accessory structure or use is attached to
the principal building, it shall comply in all respects with the requirements
of this chapter applicable to the principal building or use.
E.
In the case of a through lot, no accessory structure
or use shall encroach upon that fourth of the lot depth nearest each
street upon which the lot has frontage.
F.
No accessory structure shall be used for human habitation.
G.
Ground-mounted air conditioning units must be installed
in the rear yard or, alternatively, be installed at least 10 feet
from the side property line. In addition, appropriate screening must
be installed surrounding the unit to maintain a sound barrier, Said
screening may be by fencing or landscaping, as approved by the Building
Department.
[Added 3-17-2004 by Ord. No. 904-04]
No accessory building or structure shall be
built on any lot on which there is not a principal building or structure.
A.
Accessory structures or uses shall not be located
in the required front yard of a nonresidential zone, except that off-street
parking spaces shall be permitted, but in no case shall said parking
lot or portion thereof be permitted closer than 15 feet from the street
line.
B.
Accessory structures or uses shall not be located
within five feet of a side or rear lot line. Accessory structures
shall be minimally 15 feet from the principal building.
C.
No off-street loading area or loading facility shall
be permitted in a front yard.
D.
No accessory structure or use in a nonresidential
zone shall exceed a height of 20 feet and 1 1/2 stories, except
as provided elsewhere in this chapter.
E.
In any nonresidential zone, when an accessory structure
or use is attached to the principal building, it shall comply in all
respects with the requirements of this chapter applicable to the principal
building or use.
F.
No accessory structure or use shall occupy an area
greater than 15% of the area of the rear yard.
A.
Private garages shall be permitted as accessory uses
in all residential zones, either as detached structures or as part
of the main building, for the storage of no more than three automobiles
which shall be owned by the occupants of the main building.
B.
Garages are limited in size to 30% of the first floor
footprint of the principal structure unless specifically permitted
in another section of this Code.
[Added 3-17-2004 by Ord. No. 904-04]
[Amended 4-18-2001 by Ord. No. 829]
Swimming pools and tennis courts shall not be
located within six feet of a property line nor closer to a street
line than the rear wall of the dwelling to which they are accessory
uses.
A.
On corner lots, the tennis court shall not be located
any closer than 35 feet from either street.
B.
The installation of lights for tennis courts is prohibited.
C.
Swimming pools and tennis courts shall be suitably
fenced in accordance with the Township requirements as set forth in
Subsection E below[1] and the following: The edge of the pool shall be set back
a minimum of six feet from all property lines and no part of the pool
shall be nearer to any street line than the rear wall of the main
building which is located nearest to the street nor closer to the
rear or side wall than the maximum depth of the pool.
(1)
Pool setbacks shall be measured from the outermost
portion of the pool structure, decking, walkways, stairs, ladders
or other physical attachments to the pool.
[Added 3-17-2004 by Ord. No. 904-04]
A.
No fence or wall shall be erected, altered or constructed
in any residential zone which shall exceed six feet in height above
ground level, except that no fence, hedge or wall exceeding three
feet in height shall be permitted in the front yard. The front yard
of a corner lot shall be considered the frontage on each intersecting
street. In that case, the fence, hedge or wall may not exceed three
feet in height.
[Amended 7-18-2001 by Ord. No. 834]
B.
No fence or wall shall be erected, altered or constructed
in any nonresidential zone which shall exceed eight feet in height
above ground level.
C.
Notwithstanding the above provisions, if it is demonstrated
that a retaining wall of a height greater than that set forth above
is necessary, said retaining wall shall be terraced to enable suitable
plantings to be installed along the retaining wall.
D.
Notwithstanding the above provisions, no fence or
wall shall be erected, altered or constructed in any zone which shall
violate the provisions set forth regarding sight triangles.
E.
Fences surrounding the perimeter of tennis courts
shall be exempt from the above requirements. Said fence shall not
exceed 12 feet in height above ground level and shall not be closer
than two feet to any side or rear property line nor be located in
any required front yard.
F.
The finished side of a fence shall face the adjoining
properties.
G.
Barbed wire is permitted only on fences in Industrial
Districts. Three strands of barbed wire are permitted and may extend
no higher than 12 inches above the top of the fence on extension arms,
sloping 45º to the owners side. Such an extension is included
in the maximum permitted height of 8 feet for a fence.
H.
Electrical devices hazardous to human life are prohibited
on all fences.
I.
All fences shall be constructed to resist wind pressure
of 15 pounds per square foot of the net exposed surface of the fence.
J.
Hedges may be placed in lieu of fences, with the same
height restrictions.
Signs shall be regulated in accordance with Article XX, Signs.
A.
An office of a resident professional shall not exceed
30% of one floor of the building in which it is located.
B.
An office of a resident professional shall have a
maximum of two employees and one professional and shall provide a
minimum of four parking spaces in a double-width driveway.
C.
Signs. Signage for the office of a resident professional
shall be subject to the following limitations:
[Added 3-17-2004 by Ord. No. 904-04]
(1)
Only one sign shall be permitted which shall be no
larger than 18 inches in height and 24 inches in width.
(2)
The sign shall be limited to two colors.
(4)
The location of the sign shall be on the wall nearest
to the principal entrance to the home occupancy and within 10 feet
of this entrance.
(5)
The sign shall be located no more than eight feet
high as measured from grade to the bottom of the sign.
Application for a child-care center as a permitted
accessory use shall comply with the following:
A.
A child-care center shall be permitted to occupy as
an accessory use a portion of a building which is occupied as a principal
permitted use in all nonresidential zones.
B.
This use shall be available to the occupants of the
building and may also be available to others, provided that:
(1)
The facility is licensed by the New Jersey Department
of Human Services.
(2)
A minimum of 150 square feet of outdoor play area
per shift per child shall be provided. Play areas shall be permitted
in the rear and side yards only and shall be enclosed by a fence at
least four feet in height and landscaped and screened from adjoining
properties.
(3)
The area and bulk requirements applicable to the zone
in which the site is located shall be complied with.
(4)
No more than 15% of a building shall be occupied as
a day-care center.
(5)
No additional parking shall be required.
A.
Places of worship. Churches, temples and other places
of worship shall be governed by the following regulations:
(1)
Area, bulk and yard requirements:
|
Minimum lot area (square feet)
|
200,000
| |
|
Minimum lot width (feet)
|
100
| |
|
Minimum lot depth (feet)
|
200
| |
|
Minimum front yard (feet)
|
25
| |
|
Minimum side yards (feet)
|
15
| |
|
Minimum rear yard (feet)
|
20
| |
|
Maximum building coverage (percent)
|
50%
| |
|
Maximum impervious coverage (percent)
|
70%
| |
|
Maximum building height (stories/feet)
|
2.5/35
| |
|
Minimum buffer width (feet)
|
10
|
(2)
Where two or more buildings are located on a site,
they shall be separated by a yard area of minimally 40 feet.
B.
Public, private or parochial school.
(1)
All nonpublic schools, where permitted, shall be subject
to the following:
(a)
Said school or instruction shall be a nonprofit
organization within the meaning of the Internal Revenue Act and registered
effectively as such thereunder.
(b)
Such school shall have as its prime purpose
the general education of students in the arts and sciences and shall
be licensed by the State Department of Education as required by law.
(c)
Any school permitted under this section shall
be permitted on the principal roadways as identified in the Township
Land Use Plan.
(2)
All schools permitted herein shall comply with all
applicable regulations of the State Board of Education and to the
following:
|
Minimum lot area (acres)
|
25,000
| |
|
Minimum lot width (feet)
|
100
| |
|
Minimum front yard (feet)
|
30
| |
|
Minimum side yards (feet)
|
20
| |
|
Minimum rear yard (feet)
|
25
| |
|
Maximum building coverage (percent)
|
25%
| |
|
Maximum impervious coverage (percent)
|
50%
| |
|
Maximum building height (stories/feet)
|
2.5/35
| |
|
Minimum buffer (feet)
|
50
| |
|
Minimum recreation area per pupil (square feet)
|
100
|
C.
Essential services.
(1)
Enclosed structures. Such public utility services
as and including electric substations, transformers, switches and
auxiliary apparatus serving a distribution area, water well sites
and pumping stations are permitted in all zones and shall be subject
to the following regulations:
(a)
The location, design and operation of such facility
may not adversely affect the character of the surrounding residential
area. Adequate fences, barriers and other safety devices shall be
provided. Such facilities shall be adequately landscaped and screened.
(b)
The location of the structures regulated in
this section shall comply with the setback requirements of the zone
in which they are located; provided,however, that telephone cabinets
and electric relay stations may be located at property lines. Such
facilities shall be landscaped and screened in order to minimize their
visual impact.
(2)
Open structures and facilities.
(a)
Such uses shall be limited to the erection,
construction, alteration or maintenance by public utilities or other
municipal or governmental agencies, of electric, gas, water transmission
or distribution/collection systems, telephone and cable television
lines, communication, water supply or sewage treatment and collection
systems, including poles, wires mains, drains, sewers, pipes, conduits,
cables, lines, hydrants and other similar equipment and accessories
in connection therewith reasonably necessary for the furnishing of
adequate services by the public health, safety or general welfare,
but not including buildings.
(b)
Adequate landscaping or screening shall be provided
where applicable.
D.
Veterans, civic and community clubs. All buildings
shall be a minimum of 25 feet from any property line.
E.
Satellite earth station antenna.
(1)
For the purposes of this section, a "satellite earth
station antenna" shall mean any apparatus of a concave or reflective
dish-like configuration which is designed for the purpose of receiving
telephone, television, radio, microwave, satellite or similar signals.
(2)
Application for the installation of a satellite earth
station antenna shall require a building permit . The following criteria
must be met:
(a)
No more than one antenna shall be permitted
on a lot and such antenna shall be accessory to the principal permitted
use on the lot.
(b)
The satellite antenna shall be designed for
use by the occupants of the main building, provided that in the case
of multifamily districts, the antennas shall be designed for use by
the occupants of the multifamily dwelling units.
(c)
The above provision with respect to multifamily
residential districts does not confer any franchise rights upon the
applicant. The applicant shall demonstrate that such use does not
violate any existing cable television or other franchise agreements.
(d)
Ground-mounted antenna shall be located in the
rear yard only. It shall be set back a minimum of 15 feet from the
lot line.
(e)
The diameter of a satellite antenna (parabolic
dish) shall not be greater than 6.5 feet. When mounted, the overall
height from the rear ground level to the lowest point of the satellite
antenna shall not exceed two feet.
(f)
The antenna shall be screened by plantings or
a fence minimally four feet high.
(3)
Tower-mounted satellite dish antennas are prohibited.
F.
Commercial antennas.
[Amended 6-19-2002 by Ord. No. 855-02]
(1)
For the purpose of this section "commercial antenna"
shall mean any form of apparatus which is designated for the purpose
of sending or receiving television, radio, microwave, satellite, cellular
telephone or similar signals and is intended to be used in connection
with the production of income or which is designated to be used by
third parties other than those residing on the property on which the
antenna is located. A commercial antenna is considered a structure.
(2)
Commercial antennas and towers are limited to the
following locations:
(a)
Department of Public Works, ambulance and fire
house buildings (Block 63) for ground-mounted towers only;
(b)
Municipal complex (Block 83.01) for building-mounted
commercial antennas only;
(c)
Telephone building (Block 93, Lot 1) for building-mounted
commercial antennas only;
(d)
Bell Atlantic buildings (Block 84.01, Lots 2.01
and 2.02) for building-mounted commercial antennas only;
(e)
Former Toys R Us building (Block 103.02, Lot
4) for building-mounted commercial antennas only.
(f)
Public Storage property (Block 34, Lot 2) for
building-mounted commercial antennas only.
[Amended 3-17-2004 by Ord. No. 904-04]
(3)
Site plan approval is required for commercial antennas.
(4)
Commercial antennas are subject to the following dimension
restrictions:
(5)
No more than one tower shall be located on each site.
A single tower shall not have more than two commercial antenna carriers
utilizing the same and not more than 15 antennas shall be installed
on a single tower.
(6)
Screening should be provided to minimize the impact
on the character of surrounding lands and the skyline. Screening methods
may include, but are not limited to, painting, landscaping, selection
of antenna materials and design.
(7)
Security fencing may be required to be placed around
the base of the antenna and its mounting device.
(8)
Where said antenna is located on the roof of an existing
structure, no more than two commercial antenna carriers shall be permitted
on a single structure and no more than 15 antennas shall be installed
on a single structure.
G.
Home occupation.
(1)
A home occupation shall be incidental to the use of
a dwelling unit for residential purposes. The area set aside for home
occupations shall not exceed 30% of the total floor area of such residence,
provided that in no event shall more than 500 square feet of the floor
area of the dwelling unit be used in connection with a home occupation
or for storage purposes in connection with a home occupation.
(2)
Only members of the immediate family permanently residing
on the premises shall be employed in the home occupation.
(3)
A home occupation may be open to the public between
8:00 a.m. and 8:00 p.m. but shall not be open on Sundays or legal
holidays.
(4)
No more than one home occupation shall be permitted
within any single dwelling unit.
(5)
A home occupation shall be carried on wholly within
the principal building. No home occupation nor any storage of goods,
materials or products connected with a home occupation shall be allowed
in accessory buildings or attached or detached garages, driveways,
walkways or yards.
(6)
Merchandise shall not be displayed or offered for
sale either within or outside of the residence.
(7)
There shall be no change in the outside appearance
of the dwelling or premises or any visible evidence of the conduct
of a home occupation. No advertising display signs shall be permitted.
(8)
No equipment or process shall be used in a home occupation
which creates noise, vibration, glare, fumes or odor detectable to
the normal senses off the property. No equipment or process shall
be used which creates visual or audible electrical interference in
any radio or television receiver off the premises or causes fluctuations
in line voltage off the premises.
(9)
The use shall not generate additional pedestrian or
vehicular traffic beyond that which is attributable to a single-family
dwelling as determined by the Institute of Transportation Engineers
Handbook on Trip Generation, plus not more than two deliveries of
products or materials per week.
(10)
The home occupation shall not involve the use
of commercial vehicles for delivery of materials to or from the premises,
other than one vehicle not to exceed 3/4 ton owned by the resident
of the dwelling, which shall be parked in an adequate off-street parking
area.
(11)
The use shall not require additional off-street
parking spaces for clients or customers of the home occupation.
H.
Automobile service station.
(1)
No automobile service station shall be located within
200 feet of a dwelling, school, place of worship, hospital, funeral
home, theater, library, firehouse, municipal use or any place of public
assembly.
(2)
Vehicular access to or exit from a service station
shall not be closer to the intersection of any two streets than 50
feet, nor shall any such drive be located within 30 feet of any boundary
line of any residential district or residential lot.
(3)
Fuel pumps shall be permitted within the required
front yard but in no event closer than 15 feet to street lines, property
lines and road-widening easement lines. Canopies above fuel pump islands
may extend to within 15 feet of a street line.
[Amended 12-20-2000 by Ord. No. 811]
(4)
All services or repairs, other than such minor items
as the changing and filling of tires or the sale of gasoline or oil,
shall be conducted within the confines of the building. No outdoor
hydraulic or mechanical lifts shall be permitted.
(5)
Automobile service stations shall require a minimum
lot area of 15,000 square feet with at least 100 feet of street frontage.
(6)
Sales and display of vehicles is prohibited.
(7)
There shall not be outdoor display or sales of commodities
unrelated to automobile service and gasoline sales. No other use,
other than an automobile service station, as defined herein, shall
be permitted on a lot developed with an automobile service station.
[Amended 11-12-2015 by Ord. No. 1090-15]
(8)
Hours of operation shall be limited to between 6:00
a.m. to 11:00 p.m.
(9)
In addition to the regulations contained in Article XX, Signs, the following sign controls shall be imposed:
(a)
One freestanding pylon sign bearing the brand,
trade name or trademark and unit prices of the service station, not
exceeding 40 square feet in area on each side, shall be permitted.
The lowest point of the sign shall not be less than 10 feet from the
average grade elevation below the sign, nor shall any part of the
sign be more than 25 feet above ground level.
(b)
No sign shall be permitted on a canopy.
(c)
There shall be permitted signs to be attached
to fuel pumps indicating the price per gallon of fuel, provided that
such signs do not exceed 1.0 square feet in area per sign per individual
pump dispensing mechanism.
(d)
Permitted signage may be illuminated during
business hours. No signage shall be illuminated after the service
station is closed for business.
(e)
No illumination, other than security lighting,
shall be permitted after business hours.
(f)
Lettering or other insignia which are a structural
part of the gasoline pumps, as manufactured, shall be permitted.
(g)
Credit card signs may be placed on or near the
gasoline pump islands, not to exceed a maximum 1.0 square feet per
sign per island.
(h)
Not more than two nonpermanent signs located
inside the property line advertising services and product prices shall
be permitted, provided that each sign shall not exceed nine square
feet in area on each side. All nonpermanent signs shall be removed
from public display during nonbusiness hours.
I.
Motels in the Business B and Industrial B Districts.
(1)
Maximum building height: 3 stories/40 feet (includes
elevator shafts and rooftop appurtenances).
(2)
Minimum building height: 3 stories/36 feet.
(3)
Minimum lot area: 2 acres.
(4)
Minimum lot width: 150 feet.
(5)
Minimum lot depth: 200 feet.
(6)
Maximum building coverage: 20%.
(7)
Minimum front yard: 50 feet, plus 10 feet of planted
area.
(8)
Minimum side yard: 25 feet, except that where it abuts
a residential zone, an additional twenty-five-foot buffer shall be
provided.
(9)
Minimum rear yard: 50 feet, except that where it abuts
a residential zone, an additional twenty-five-foot buffer will be
provided.
(10)
Minimum buffer: The buffer shall not be used
for business or industrial purposes, nor for parking or ingress and
egress of motor vehicles, and shall include and provide for landscaping
which shall screen the premises from the adjoining residential district.
(11)
Exterior treatment: Exterior walls shall be
finished with brick and stone or precast concrete or exposed aggregate
panels, including but not limited to metal and glass window walls
and finished on all four sides.
(12)
Minimum planted area: Minimum planted area must
consist of 2% of the site, excluding buffer areas.
(13)
Minimum parking: Parking is required at one
space per motel unit plus one space per employee on the maximum shift.
If there is more than one use on premises, the required parking shall
be the combined requirement for each use as set forth in Table 1,
Site Design Criteria.
(14)
Maximum number of units: 50, with an inner lobby
and interior corridors.
(15)
Access to commercial facilities: From interior
of building; direct public entrance from outside is permitted for
restaurants.
(16)
Residency limitation: 30 days for guests.
(17)
Accessory uses: Offices, swimming pools, cabanas,
lounge, meeting rooms, restaurants.
J.
Nursing homes and residential health care facilities
in Business and Industrial A Districts.
(1)
Maximum building height: 3/36.
(2)
Minimum lot area: 2 acres.
(3)
Minimum lot width: 200 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Maximum building coverage: 30%.
(6)
Minimum front yard: 50 feet, except that if the lot
is irregularly shaped, the developer shall have the right to designate
the front yard.
(7)
Minimum side yard: 25 feet, except that where it abuts
a residential zone, an additional twenty-foot buffer will be provided
between adjacent residential properties; a ten-foot buffer is required
on each side of a roadway.
(8)
Minimum rear yard: 50 feet, except that if the lot
is irregularly shaped, the developer shall have the right to designate
the rear yard.
(9)
Buffer: The buffer shall not be used for business
or industrial purposes, nor for parking or ingress and egress of motor
vehicles, and shall include and provide for landscaping or the erection
of such fences or walls which shall screen the premises from the adjoining
residential district.
(10)
Exterior treatment: Exterior walls shall be
finished with brick and stone or precast concrete or exposed aggregate
panels, including but not limited to metal and glass window walls
and finished on all four sides.
(11)
Screening: Where a nursing home or residential
health care facility abuts a residential zone or residential use,
sufficient screening shall be provided, as determined by the approving
authority.
K.
Billboards.[1]
[Added 12-18-2019 by Ord.
No. 1153-19]
(1)
Purpose.
(a)
The purpose of this subsection is to permit billboards as a
conditional use in certain locations along the east side of Route
17 in the Township's Industrial Zone.
(b)
The Township recognizes that billboards are different in scope,
size and purpose from other types of signs. The intent of this subsection
is to allow for the construction of billboards in locations along
Route 17, visible to the motoring public, that provide a reasonable
opportunity for commercial and noncommercial speech.
(c)
The Township further recognizes that lighting, clearing and
trimming of landscaping and aesthetics associated with billboards
can have a detrimental effect on the quiet enjoyment of residential
neighborhoods in the Township reasonable standard reenacted herein
to regulate the placement of billboards.
(2)
Conditional use standards.
(a)
Billboards shall only be erected on properties with frontage
on Route 17.
(b)
When a billboard is constructed on a lot with other buildings
or structures, the billboard shall maintain a minimum distance of
50 feet from any other building or structure.
(c)
Billboards shall not be located closer than 300 feet from any
other billboard consistent with NJDOT separation requirement. This
distance requirement shall apply to any new billboard and any existing
billboard, including any preexisting nonconforming billboard.
[Amended 5-27-2020 by Ord. No. 1167-20]
(d)
Billboards shall be a minimum distance of 250 feet from any
property in the R Residential Zone boundary.
(e)
Billboards shall demonstrate compliance with the New Jersey
Department of Transportation outdoor advertising regulations at N.J.A.C.
16:41C.
(f)
No trees, branches, shrubs or other landscaping shall be removed
for the installation of any billboards in accordance with this subsection.
A.
Any lawful nonconforming use which existed at the
time of the passage of this chapter may be continued and any existing
building or structure designed, arranged or devoted to a nonconforming
use may be reconstructed or structurally altered, subject to the following:
such building or structure shall in no case be enlarged or expanded
unless the use therein is changed to a conforming use. An exception,
however, shall be permitted whenever a one-family required a variance
to permit its construction or expansion. In such case, the building
may thereafter be enlarged without the need for application to the
Zoning Board of Adjustment for any additional variances to the extent
only of adding a second story dormer(s) to permit the use of said
second story to the full limits of the height of the second story.
In the event there is a cessation of the nonconforming use for a period
of 12 consecutive months, the use shall be presumed to be abandoned.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
B.
Maintenance may be made to a nonconforming use, structure
or lot, provided that the maintenance work does not change the use,
expand the building or the functional use of the building, increase
the area of a lot used for a nonconforming purpose or increase the
nonconformity in any manner.
C.
Building additions. Any existing structure with a
permitted use located on a conforming or nonconforming lot which violates
any yard requirements may have additions to the principal building,
and/or an accessory building may be constructed without an appeal
for a variance, provided that the total permitted building coverage
is not exceeded and the accessory building and/or the addition does
not violate any other requirements of this chapter.
D.
Subdivision of lots. An existing lot whose area and/or
dimensions are sufficient to permit a subdivision, but where a structure
exists on the lot with one or more setback violations, may nevertheless
be subdivided without an appeal for a variance, provided that the
subdivision itself does not create any new zoning violations and does
not increase the severity of the existing setback violation such as
moving the lot line even closer to the existing building.
E.
Restoration and repairs.
(1)
Any nonconforming building, structure or use existing
on the effective date of this chapter which has been condemned or
damaged by fire, explosion, flood, windstorm or act of God shall be
examined by the following three people: the Township Engineer, the
owner or an architect or engineer selected by the owner and a third
person agreed to by the Township Engineer and the owner. If the value
of repairing the condition is greater than 50% of the value of replacing
the entire structure, it shall be considered completely destroyed
and may be rebuilt to the original specifications only upon approval
of a use variance as provided by state statutes.
(2)
Where the value of repairing the condition is determined
to be less than 50% of the value of replacing the entire structure,
the nonconforming structure or use may be rebuilt and used for the
same purpose as before, provided that it does not exceed the height,
area and bulk of the original structure. The reconstruction shall
commence within 12 consecutive months of the date the building was
damaged or condemned with the reconstruction carried out without interruption;
otherwise. the damaged structure shall not be rebuilt as a nonconforming
use or building.
F.
Any structure which will, as a result of the adoption
of this subsection, become nonconforming, may continue as a preexisting
nonconforming structure. However, in the event that the owner of said
property seeks to expand, rebuild or otherwise modify the structure
in a manner which will further expand or intensify the nonconforming
aspect of the property, a variance will be required. Any such variance
will be reviewed and acted upon by the Zoning Board of Adjustment
within its sole discretion in a manner which is consistent with law.
[Added 6-19-2002 by Ord. No. 855-02; amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
