[Amended 8-8-1990 by Ord. No. 491]
Any nonconforming structure or use lawfully
existing at the time of enactment of this chapter or any subsequent
amendment may be continued under the following conditions:
A.
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.
B.
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 preexisting, nonconforming use of a structure
may be changed to a use permitted in the district in which it is located.
C.
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.
D.
A nonconforming structure may be restored or repaired
in the event of partial destruction thereof in accordance with N.J.S.A.
40:55D-68.
E.
Any nonconforming structure or use which is superseded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.
A lot failing to meet the district requirements
for area or width by more than 20% and which is demonstrated to have
been of public record and not of contiguous 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. Lots, as described above within the
specified percentage, may be used for a permitted use, provided that
all other applicable maximum-minimum building standards are met and
the lot area and width are not less than the requirements previously
applicable.
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 this chapter,
and no portion of said 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, except if construction commences under previously applicable
requirements within 90 days of the effective date of this chapter
or any amendment or within the time period when rights are effective
under any subdivision or site plan approval.
No part of a yard or other open space or off
street parking or loading space required about or in connection with
any buildings 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.
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.
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.
Every principal building shall be built upon
a lot having frontage on a public street as defined in this chapter.
A.
All buildings and structures shall be subject to height
limitations specified in the Schedule of District Regulations,[1] except spires, belfries, 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 carried above
roof level. The aggregate horizontal area covered by such features
shall not exceed 20% of the area covered by the principal building.
The excess height of any such 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. 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.
Agriculture buildings not intended for human occupancy shall not be
subject to the horizontal area limitations.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
In any
zoning district where a single-family home is a permitted use, except
in High-Density Residential Districts (HR) and Medium-High Density
Residential Districts (MHR) and the lot size is 30,000 square feet
or more, an accessory building, such as a shed, pole barn or garage
type structure shall have a maximum height of 25 feet. Such accessory
structure shall be for private use of the owner of the principal structure
and shall comply with all other setback requirements as specified
on the schedule of district regulations for the zoning district where
the property is located. The accessory structure shall not have a
full second floor.
[Added 10-21-2015 by Ord.
No. 906]
A.
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. Where a lot has frontage on any road with the street
line at less than 25 feet measured at a 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.
B.
If on a given block there is a pronounced uniformity
of depth of actual front yards, as established by existing buildings
on both sides of the lot in question, which is less than the minimum
yard requirement otherwise specified by this chapter, the front yard
for said lot may conform to the average depth of the existing front
yards.
Building setback lines for a corner lot shall
be the same as required on the adjoining lot along either block.
In the case of irregularly shaped lots, the
minimum lot width specified in the schedule shall be measured at the
building setback, provided that in no case shall a distance between
side lot lines be reduced to less than 50% of the minimum lot width
requirement.
Building projections, including bays, chimneys,
cornices and gutters, may extend into required yard areas for a distance
not to exceed five feet but shall not be located within 10 feet of
any property line.
[Amended 9-12-2001 by Ord. No. 701]
In MHR (Medium-High-Density Residential); HR
(High-Density Residential) and LC (Light-Commercial) Zoning Districts,
connection to public sewer and water services is required unless a
property owner or other interested person obtains an exemption from
said requirement in accordance with the terms of this section. In
the event that public sewer and/or water services are not available
to the property in question, the property owner or other interested
person shall obtain a certification from the Carneys Point Township
Sewerage Authority and the Penns Grove Water Supply Company, as appropriate,
verifying that public sewer and water services are not available to
serve the property. Upon presentation of such certificate, the property
owner or other interested person shall be relieved of the obligation
to connect to public sewer and public water services as otherwise
required pursuant to this section. In LR (Low-Density Residential)
and GC (General Commercial) Districts, the maximum-minimum building
standards for the RR (Rural Residential) District shall apply if connection
is not made to public sewer and water service.
No principal building shall be permitted to
be constructed with the first-floor elevation below the center-line
grade of the street on which it fronts until a grading plan shall
have been submitted to and approved by the Township Engineer for adequate
drainage.
