[Amended 5-19-1988 by Ord. No. 7-88]
A.
Except as otherwise provided in this chapter:
(1)
No building, structure or land shall be used, nor
shall any building or structure be erected, converted, enlarged, reconstructed
or structurally altered, for any use which does not comply with all
the zone regulations established by this chapter for the zone in which
the building, structure or land is located.
(2)
The yard regulations and the lot area per use provisions
required by this chapter shall be considered minimum regulations for
each and every building or structure existing at the time of the effective
date of this chapter and for any building or structure hereafter erected
or structurally altered. No land required for yards or for lot area
per use for an existing building or structure, or required for any
building or structure hereafter erected or structurally altered, shall
be considered as a yard or for a lot area for any other building or
structure.
(3)
Every building or structure hereafter erected or structurally
altered shall be located on a lot as herein defined, and in no case
shall there be more than one main building or structure and its accessory
buildings on one lot unless otherwise hereinafter provided.
(4)
Every building or structure hereafter erected or structurally
altered shall provide garage space or a parking area in compliance
with all of the zone regulations established by this chapter for the
zone in which the building or structure is located.
(5)
Building heights shall be maximum average heights,
which average shall be calculated on the basis of the measurements
from ground level at each of the four extreme outside corners of the
building to the peak height of the roof at its highest point.
[Added 6-18-1998 by Ord. No. 9-98]
B.
Lot divided by zone. Where a zone boundary line as
established in this section or as shown on the Zoning Map divides
a lot of record at the time of enactment of this chapter, the use
authorized thereon and the other zone requirements applying to the
least restricted portion of such lot under this chapter shall be considered
as extending to the entire lot, provided that the more restricted
portion of such lot is entirely within 30 feet of said dividing zone
boundary line; otherwise, the use so extended shall be deemed to be
nonconforming.
C.
All buildings and structures shall hereafter be constructed,
altered and used only in conformity with the requirements and regulations
of the zone in which such buildings or structures are located and
in which such uses thereof are conducted, except that nonconforming
buildings or structures and uses thereof, as defined in this chapter,
may be continued subject to the special regulations herein provided
in respect to them.
D.
No permit shall be granted for a building or use if
the design or construction of such structure or use involves exceptional
risks of traffic congestion or public safety or if the design or construction
of said building is markedly incongruous with the character of the
neighborhood as to be seriously detrimental to the value of adjacent
or nearby property. If the Building Inspector finds either of the
above to be the case, he shall refuse a permit.
E.
When developing tracts have been subdivided into five
or more building lots, any two buildings whose lots are within 300
feet of each other must be different in the following respects:
(1)
Single-roof buildings. Designs must differ in either
of two ways:
(a)
Roof design must differ among several, such
as gable, transverse gable, hip, peak, shed or combinations of these.
(b)
The height of the highest point of the roof
above the elevation of the first floor and the width of the building
measured under this roof must differ by at least two feet in both
dimensions.
(2)
Multiroof buildings. Designs must differ in either
of two ways:
(3)
Such buildings shall differ in design or appearance
in the following respects:
F.
Nothing herein contained shall apply to restrict the
height of a church spire, belfry or clock tower.
G.
In the event that any exception to or variance from
this chapter is granted by the Board of Adjustment or the Planning
Board or may result from an order of the court permitting in a particular
zone an otherwise nonpermitted use, all requirements, regulations
or controls which would apply to the granted use in a permitted zone
shall also apply to said use in the nonpermitted zone, including Board
of Health approval, the submission of the site plans to the Planning
Board for its approval and the submission of said plans to any other
municipal, county or state board or agency as may otherwise be required.
H.
If an existing substandard lot of record was created or subdivided after the establishment of the Borough of Kinnelon Planning Board, and if a home to be constructed on said lot is able to comply with all setback requirements, and, further, if the owner does not own any adjacent or contiguous property, a building permit may be issued without the requirement of obtaining a variance. A proposed accessory building conforming to the bulk requirements set forth in § 207-27 or a proposed open porch may be constructed without the need for a variance from minimum lot area or lot frontage from the Zoning Board of Adjustment on any parcel of land that is nonconforming as to lot area or lot frontage, if same was created or subdivided prior to 1972, and the owner does not own any adjacent or contiguous property, provided same is able to comply with all applicable setback requirements.
[Amended 5-19-2005 by Ord. No. 5-05]
