Township of Lopatcong, NJ Establishment of Zones; Applicability of Zoning Regulations

§ 243-57 Enumeration of zones.

For the purpose of this chapter, the Township is hereby divided into the following types of zones, differentiated according to use and area regulations, to be known and designated as:

R-5/2	Residential Zone
R-3/2	Residential Zone
R-150	Residential Zone
R-120	Residential Zone
R-120A	Residential Zone [Added 12-27-2001 by Ord. No. 2001-35; 3-6-2002 by Ord. No. 2002-6]
R-100	Residential Zone
R-75	Residential Zone
R 10/2	Residential Zone [Added 3-2-2005 by Ord. No. 2005-4]
R-MF	Multifamily Residential Zone [Added 8-5-1998 by Ord. No. 1998-21]
AH	Affordable Housing Zone
PO	Professional Office Zone
RB	Retail Business Zone
HB	Highway Business Zone
ROM	Research Office and Manufacturing Zone [Amended 11-1-2000 by Ord. No. 2000-28]
PCSRD	Planned Community School and Recreation District [Added 3-2-2005 by Ord. No. 2005-4]
PD	Planned Development Overlay District [Added 3-2-2005 by Ord. No. 2005-4]
AARC	Active Adult Residential Community District [Added 12-29-2005 by Ord. No. 2005-27]
MFI	Multifamily Inclusionary Zone [Added 12-30-2009 by Ord. No. 2009-15]

§ 243-58 Zoning Map; interpretation of boundaries.

The boundaries of the several zones are hereby established as shown on the map entitled "Zoning Map of Lopatcong Township, Warren County, New Jersey," dated July 1989, which map accompanies this chapter and is hereby declared to be part of this chapter.[1]

[1]

Editor's Note: The Township Zoning Map is included at the end of this volume.

Interpretation of zone boundaries. Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:

(1)

Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, streams and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by other means shown on the Zoning Map.

(2)

Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than 10 feet distance therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

(3)

In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by its relationship to adjoining property lines. In cases of uncertainty as to the location of any zone boundary lines, the determination of its location shall be with the Board of Adjustment.

§ 243-59 Applicability of use and bulk regulations.

Use regulations. Except as herein provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used or occupied except in conformity, as stated below, with the uses specified as permitted principal uses, permitted accessory uses or conditional uses in each of the various zones by Article XIV, Zoning District and Use Regulations, of this chapter. Any use not specifically allowed by this chapter shall be prohibited.

(1)

Permitted principal uses are permitted by right upon proper application to the Zoning Officer for a zoning permit, provided that said use is a use in conformance with the requirements of this chapter in the zone district in which the lot is located, and, for uses so requiring, subject to the review and approval of a site plan.

(2)

Accessory uses are permitted upon proper application to and approval by the Zoning Officer for a zoning permit. The Zoning Officer shall rely upon the following rules for determining the right of the applicant to establish the proposed accessory use:

(a)

The proposed accessory use shall be customarily associated with or provided with the permitted primary use existing on the lot.

(b)

The extent, size and intensity of such proposed accessory use shall be in keeping with the scale, nature and characteristics of the permitted primary use on the lot.

(c)

Furthermore, any proposed accessory use or structure which is contrary to the intent of the zone district in which the lot is located shall be prohibited.

(3)

Conditional uses. Conditional uses are permitted by right in any zone so designated but only upon a showing that such use in a specific location will comply with the conditions and standards for the location or operation of such use as provided in Article XV below. Such uses are permitted in the zones where specified upon application to and approval by the Board and subject to the special regulations of this chapter governing the procedures for considering conditional uses, all other applicable regulations of this chapter and such other conditions and requirements as may be stipulated in the approval of the conditional use.

(4)

Any use not specifically permitted is prohibited.

Area regulations. Except as herein provided, no building or structure or part thereof shall hereafter be erected and no existing building or structure shall be moved, structurally altered, enlarged or rebuilt, except in conformity with the requirements as set forth by Article XVI, Schedule of Area, Lot and Bulk Regulations, of this chapter and the requirements of all other applicable regulations of this chapter.

§ 243-59.1 Existing lots and plats.

[Added 5-5-1993 by Ord. No. 1993-11; amended 11-1-2000 by Ord. No. 2000-31]

Any lot or plat existing at the time of passage of this chapter which is made nonconforming or more nonconforming by the adoption of an ordinance amending the Schedule of Area, Lot and Bulk Regulations may be used for any permitted use in the district which it lies. For residential uses, yard requirements for the closest comparable lot size district shall apply. All other uses shall meet the yard requirements of the zone in which they are located.