Any restrictions or requirements governing the
use of buildings or land which are established by statute or other
ordinance of the Borough of Middlesex and which are more restrictive
than regulations contained herein shall take precedence over the provisions
of this chapter.
A. The regulations of this chapter shall govern the use
and development of all buildings and land in the Borough of Middlesex.
B. No land or building shall be utilized, occupied or
improved for development unless in accordance with the use restrictions
of this chapter.
C. No building or structure shall be constructed, erected,
installed, structurally altered, relocated, enlarged or rebuilt unless
in conformity with the bulk regulations of this chapter.
D. No required yard or open space shall be encroached
upon in any manner, except in conformity with the regulations of this
chapter.
Nothing contained in this chapter shall require
any change in the design, construction, size or designated use of
any structure, or part thereof, for which a building permit is on
file with the Construction Official as of the effective date of this
chapter.
A. Except as herein exempted, no building permit shall be issued for the construction, structural alteration or relocation of any building or structure unless a site plan is first submitted and approved in accordance with Chapter
248, Land Development, and no certificate of occupancy shall be issued unless all construction conforms to the approved plan.
B. No site plan approval shall be required prior to issuance
of a building permit or other required permit for any of the following:
(1) Single-family and two-family dwellings.
(2) Accessory structures, such as private garages, swimming
pools, storage sheds, etc., which are incidental to single-family
and two-family dwellings.
(3) Fences, provided that said fence does not violate
a condition of prior variance approval, and further provided that
if the proposed fence is to be located on a site developed for nonresidential
use, said fence shall not alter the means of ingress and egress as
approved by the Board.
(4) Paving of an unpaved driveway on property developed
for single-family or two-family dwellings, provided that said paving
shall not violate a condition of a prior variance approval.
(5) Interior alterations or work on exterior building
facades, windows or roofing. However, issuance of a building permit
for said work in no way limits the Borough's authority to require
future site plan approval based upon the proposed use of the building.
(6) Building additions.
(a)
Building additions which are less than 15% of
the building's existing floor area or 1,500 square feet, whichever
is less, provided that said addition meets the following criteria:
[1]
It will not require any additional parking spaces.
[2]
It will not violate zoning regulations nor increase
the extent of nonconformance with existing zoning regulations.
[3]
There will be no loading bay proposed as part
of the addition.
[4]
There will be no chemicals or hazardous substances
stored in the addition.
(b)
An affidavit stating compliance with Subsection
B(6)(a)[4] shall be required to be submitted to the Borough Zoning Officer prior to issuance of a building permit. There shall be no more than one addition constructed under this provision within any two-year period without first requiring site plan approval.
(7) Request for approval by the Borough Zoning Officer
for issuance of a motor vehicle dealership license as required by
the State of New Jersey, provided that said license is required for
an operation which is accessory to a principal permitted use in the
G-B, CLW or IND Zones, and further provided that a certification shall
be signed by the applicant agreeing that he will not use the dealership
license for the display of more than three vehicles.
(8) Any change of occupancy which does not meet the criteria established in §
420-13 for classification as a change of use.
(9) Overnight storage of no more than four motor vehicles as defined
in N.J.S. 39:1-1, excluding equipment, truck tractors and trailers,
used by the approved business owning or leasing the property upon
which such vehicles are stored; provided, however, that such motor
vehicles must be removed for daily use during the regular business
hours and days of such approved business.
[Added 8-14-2013 by Ord. No. 1838]
A. A change in the occupancy of a building or the utilization
of a building or land which meets any of the following criteria shall
be determined to be a change of use under this chapter:
(1) The proposed use requires more off-street parking spaces than the previous use, based upon parking requirements in Chapter
248, Land Development;
(2) The proposed use has significantly different hours
of operation than the previous use;
(3) The proposed use has special pickup and discharge
or loading and unloading requirements which affect either on-site
or off-site circulation; or
(4) The proposed use involves the storage or handling
of chemicals or hazardous substances.
B. All such changes of use shall require site plan approval
prior to issuance of any required municipal permits.
C. A signed affidavit stating that the proposed use does
not meet any of the above criteria must be submitted to the Borough
Zoning Officer prior to issuance of a certificate of occupancy.
A. Second dwelling prohibited. Except for multifamily
housing developments, in no case shall there be permitted more than
one residential building on each subdivision lot of record.
B. Location on improved street. All principal buildings
shall be built upon a lot with frontage upon a public street or private
road improved in accordance with Borough requirements or for which
such improvements have been insured by the posting of a performance
guaranty.
Unless specified elsewhere in this chapter,
accessory structures shall conform to the following regulations:
A. Location.
(1) In any residential zone, no private detached garage
or other accessory building or parking area shall be located within
a required front yard nor within a required side yard, except that
nothing shall prohibit an owner of a home from counting a driveway
as an off-street parking space. A residential driveway shall be set
back a minimum of two feet from the side property line.
[Amended 6-29-1993 by Ord. No. 1285]
(2) In the case of exceptionally wide lots where side
yards are provided of greater width than required by this chapter,
accessory buildings may be erected in the side yards, provided that
the side yard required as a minimum by this chapter for the particular
zone involved shall be left open and unoccupied except as permitted
in this chapter.
B. Accessory structure as part of principal building.
A private garage constructed as a structural part of a main dwelling
shall be considered part of the principal building and shall comply
in all respects with yard requirements of this chapter for the principal
building.
C. Area restrictions. The size of all accessory structures
in residential zones shall be limited to no more than 50% of the size
of the principal structure’s footprint with a maximum of 800
square feet.
[Amended 6-29-1993 by Ord. No. 1285; 10-27-2015 by Ord.
No. 1881]
D. Distance from principal buildings. The minimum distance
of any detached accessory structure from the principal building shall
be five feet.
E. Height restrictions. In any residential district,
no accessory structure shall exceed 15 feet in height.
F. Distance from street line. On through lots (any lot
running from one street to another), no accessory building erected
in the rear yard shall be nearer the street line than the minimum
distance specified for a front yard setback on the street which said
yard abuts.
G. Accessory building not to be resided in. No accessory
building shall be used for residential dwelling purposes in any zoning
district.
H. Private swimming pools. Private swimming pools in
excess of 24 inches deep shall be permitted in rear yards only and
shall be a minimum of 10 feet from the principal building and six
feet from all property lines.
I. Membrane structures. Membrane structures, also referred to as hoop
garages, are prohibited.
[Added 5-9-2017 by Ord.
No. 1915]
Except as hereinafter specified in this section,
every part of a required yard shall be unobstructed and open except
for the following man-made structures:
A. Accessory buildings in a required rear or side yard in accordance with §
420-15.
B. The ordinary projection of sills, parapets, cornices,
eaves, leaders, bay/bow windows and other ornamental features, provided
that said features shall not project into a required yard area more
than 24 inches.
[Amended 6-29-1993 by Ord. No. 1285]
C. Air-conditioning equipment, permanent generators and
other utility equipment placed on the ground, which may not project
more than three feet into a required side or rear yard setback.
[Amended 6-29-1993 by Ord. No. 1285; 8-14-2013 by Ord. No. 1835]
D. An unroofed porch or terrace projecting into a required
front yard or rear yard, at the level of the first floor, provided
that the area of said porch or terrace which projects into a required
front or rear yard shall not exceed 30 square feet.
[Amended 6-29-1993 by Ord. No. 1285]
A. In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any curved street, lot frontage (as distinguished from lot width) shall be no less than 2/3 of the required lot width as set forth in Column 3 of the schedule, §
420-6.
B. Where a building lot has frontage upon a street which
is contemplated for right-of-way widening, the required lot area and
front yard area shall be measured from such proposed future right-of-way
line.
[Amended 6-29-1993 by Ord. No. 1285]
On a corner lot, one frontage shall be designated as the front yard, and the front entrance shall be oriented to that front yard. The setback on the secondary streets shall be equal to twice the minimum side yard required in the schedule, §
420-6. On a corner lot, accessory buildings are required to meet the principal building side yard setback requirements.
A. Lots fronting on a cul-de-sac or curved street.
(1) The front setback line shall be concentric to the
street line.
(2) Front setback shall be measured as the shortest horizontal
distance between the street line arc and the setback line arc.
(3) Lot width shall be the measured horizontal distance
between the two points where the setback arc intercepts the side property
lines.
(4) Lot frontage shall be the measured horizontal distance between the two points where the side property lines intersect the street line arc. Lot frontage (as distinguished from lot width) shall be no less than 2/3 of the required lot width as set forth in the schedule, §
420-6.
(5) The front wall of a permitted structure may be tangent to any point on the setback arc, provided that the side yard setbacks are observed as shown in the schedule, §
420-6.
B. Triangular lots having no rear lot line. For a triangular
lot having no rear lot line, lot depth shall be measured as the shortest
horizontal distance from the front lot line to the midpoint of a line
parallel to the front lot line, which parallel line shall not be less
than 10 feet in length, measured between its intersections with side
lot lines.
C. Other irregular lots.
(1) For an irregular lot with two rear lot lines, lot
depth shall be measured as the shortest horizontal distance from the
front property line to the midpoint of a line drawn through the midpoints
of the two rear property lines.
(2) For an irregular lot with one sloping rear lot line,
lot depth shall be measured as the shortest horizontal distance from
the front property line to a line drawn parallel to the front property
line through the midpoint of the rear property line.
[Amended 6-29-1993 by Ord. No. 1285]
A. On any corner lot within the triangular area determined
as provided in this section, the following is prohibited:
(1) Walls, fences, signs or other structures which obstruct
vision or are erected to a height in excess of two feet above curb
level.
(2) Parked vehicles, objects or any other obstruction
of a height in excess of two feet above curb level.
(3) Hedges, shrubs or other vegetation growth which are
not maintained at a height of less than two feet, except that permitted
signs or trees whose obstructions are at least eight feet above the
curb level shall be permitted.
B. Such triangular area shall be formed by the two intersecting
street lines adjoining said lot and by a diagonal line connecting
points on these street lines, which is measured 25 feet from the intersection
of these street lines. The said distance of 25 feet shall be increased
to 50 feet if either street has a designated speed of 35 miles per
hour or greater.
In residential zones where structures have already
been erected, the average front setback line observed by dwellings
on the same side of the street within 200 feet on each side of any
vacant lot shall determine the required front yard setback of all
buildings on such lot.
No person, firm or corporation shall strip,
excavate or otherwise remove topsoil for sale or for use except in
connection with development on such premises.
[Amended 6-29-1993 by Ord. No. 1285]
A. Outdoor storage. Outdoor storage of any kind or nature,
except storage of those items customarily used in conjunction with
residential occupancy, is strictly prohibited in all residential zones.
B. In all nonresidential zones, no article, equipment,
vehicle, supplies or material shall be kept, stored or displayed outside
the confines of any building unless the same is screened by planting
or fencing, as approved by the Planning Board.
C. Display for retail sales of new and used motor vehicles
or equipment by a licensed dealer shall not be required to be screened
by plantings or fence.
D. Portable
home storage units.
[Added 3-22-2011 by Ord. No. 1790]
(1) One
portable home storage unit may be placed upon any property only upon
the issuance of a permit by the Zoning Officer. The application fee
is $75.
[Amended 8-11-2020 by Ord. No. 2004]
(2) Permits
will be granted for a period of 90 days. At the expiration of the
ninety-day period, the permittee may seek one extension of the permit
for up to an additional 90 days for an additional fee of $25.
(3) Portable
home storage units are prohibited from being placed in streets or
in front yards of a property. Portable home storage units must be
kept in the driveway of the property at the furthest accessible point
from the street. All locations must be paved off-street surfaces.
All other locations must be preapproved by the Zoning Officer and
unobtrusive in nature.
(4) This
subsection shall be enforced by the Police Department and the Zoning
Officer.
[Added 6-23-2015 by Ord.
No. 1878]
A. Storage containers, a.k.a. sea boxes, shall be allowed, by permit,
in the Industrial Zone and Heavy Industrial Zone as follows: up to
a total of four (4) containers not to exceed a total of 800 square
feet per property
B. A permit must be obtained from the Zoning Officer, and any request
for a permit shall include:
(1)
The business name and address, and a responsible contact person;
(2)
The type, number, size and location of containers located at
the business;
(3)
In general terms, what is contained in each of the storage containers;
(4)
A list of the items contained in the container(s); and
(5)
A certification that the container(s) is (are) being maintained
in good condition.
C. All containers permitted under this ordinance shall be maintained
in good repair and shall be painted the same color as the prevailing
color on the adjacent buildings. In general terms, a list of the items
contained in the container(s) shall be attached to or painted on the
container(s) near the entrance to the container(s).
D. The container(s) shall not be stacked and there shall not be created
a roof or awning over or between the container(s) or opening to the
container(s).
E. All properties that are otherwise permitted to have storage container(s)
under this section but border on a residential zone shall be required
to locate the storage container(s) only within the permitted side
yard building setback line and the permitted rear yard building setback
line. In addition, fencing or evergreen landscaping shall be provided
to create a buffer between the storage container(s) and the residential
zone. The buffer shall be designated and installed to the reasonable
satisfaction of the Borough Zoning Officer, and if an agreement cannot
be reached as to the reasonableness of the buffer, the applicant for
the permit may appeal the Zoning Officer's determination to the governing
body.
F. All properties that are permitted to have storage container(s) under
this section and border on any nonresidential zone may locate the
storage container(s) anywhere in the rear or side yards of the property,
provided that the location shall not create a danger or inhibit the
ability of fire, police or emergency vehicles and personnel to access
the property. No additional landscaping or fencing shall be required.
G. No hazardous or flammable items may be stored in the container(s).
H. The provisions of Borough Zoning §
420-23 shall not apply to the storage container(s) for which a permit is granted under this section.
I. The Borough Zoning Officer may create a form for use of the applicants
requesting a permit and may establish a date by which permit requests
must be filed annually.
J. Registration fees.
(1)
One-time registration fees will be calculated as follows: $2.50
x container length (i.e., a forty-five-foot trailer would be $112.50).
(2)
Yearly fees. The yearly fee will be calculated by the equation
developed by our Tax Assessor and represents the cost per square foot
and $8/100 tax charge for each container, which is as follows: the
container square footage x $5/sq. ft. x .08 = yearly cost (i.e., 45
feet x10 feet x $5/sq. ft. x .08 = $180).
A. Motorized recreational vehicles exceeding a manufacturer's
gross vehicle weight of 11,000 pounds shall be parked in the required
space reserved for off-street parking in all zones. Said vehicles
must be registered in the name of a legal occupant of the premises
where it is stored.
B. Trailer recreational vehicles, trailers, and boats
are permitted in residential zone and shall be stored in a private
garage, in the rear year, or on an impervious or gravel surface in
the side yard providing a minimum two-foot setback from the side property
line. No part of the recreational vehicle, trailer, or boat shall
extend into the front yard area. No matter where a trailer recreational
vehicle, trailer, or boat is parked on the property in a residential
zone, it must be currently registered with the DMV and must be readily
operable. Any material used to cover or protect the vehicle must be
maintained in good condition.
[Amended 6-29-1993 by Ord. No. 1285; 6-26-2012 by Ord. No. 1812]
(1) Such
vehicles and trailers shall be registered with the Zoning Officer
prior to parking or storing on the property; provided, however, that
all such vehicles already on the property as of June 1, 2012, must
be registered on or prior to August 31, 2012.
(2) Storage of such vehicles and trailers must be in compliance with all laws, statutes and ordinances, including, but not limited to, §§
248-17,
420-23 and
420-24 of the Code of the Borough of Middlesex, as may be amended.
(3) The
owner of such vehicle and trailers being registered must be the owner
or legal resident occupying the property upon which the owner seeks
to park or store such vehicle.
(4) At the time of registration of such vehicle and any trailer with the Zoning Officer, if the owner of such vehicle or trailer reasonably believes that he/she cannot comply with the applicable ordinances, specifically §§
420-23 and
420-24 of the Code of the Borough of Middlesex, as may be amended, the owner may submit a letter to the Zoning Officer of the Borough, or his/her designee, seeking administrative relief from the provisions of the applicable ordinances. Nothing herein shall limit the ability of the owner of such vehicle and trailer from making application for relief from the Zoning Board of the Borough of Middlesex without first submitting a letter seeking administrative relief from the provisions of the applicable ordinances.
(5) After August 31, 2012, all vehicles and trailers registered and parked/stored must comply with the provisions of the applicable ordinances of the Code of the Borough of Middlesex then in effect. Accordingly, after August 31, 2012, the Zoning Officer shall not process any new applications for administrative relief from the provisions of §§
420-23 and
420-24 of the Code of the Borough of Middlesex. Nothing herein shall limit the ability of the owner of such vehicles from making application for relief from the Planning or Zoning Boards of the Borough of Middlesex.
(6) The
Zoning Officer or his/her designee may require such additional information
from the owner of such vehicle and trailer and/or property as is necessary
to determine whether administrative relief may be granted. Upon determination
by the Zoning Officer or his/her designee to grant administrative
relief, the relief so granted shall be limited to the owner of that
specifically registered vehicle and trailer at the specific property
upon which the registration indicates the vehicle and trailer shall
be parked/stored. The relief granted shall not be transferable should
the owner obtain a new or different vehicle or trailer, nor shall
the relief granted be transferable by the owner of the property or
the vehicle and trailer so registered hereunder to any subsequent
property owner or subsequent vehicle or trailer owner in any manner
whatsoever.
(7) The relief granted hereunder shall only apply to one such vehicle and trailer at any given property, without regard to ownership of vehicles or trailers by other residents of the property. If relief is sought hereunder, or obtained hereunder, and a second or subsequent such vehicle and trailer is registered at that property, all vehicles and trailers, including the vehicle and trailer for which relief was granted hereunder, shall be required to comply with the provisions of §§
420-23 and
420-24 of the Code of the Borough of Middlesex. Accordingly, any prior granted relief shall become void upon submission of registration of any additional recreational vehicle and trailer at such property, without regard to ownership of the subsequently registered recreational vehicle and trailer.
(8) For
purposes of registration and the relief granted hereunder, trailers
used for recreational vehicles and boats shall be subject to the same
restrictions and limitations as the recreational vehicles and boats
towed thereby.
(9) If,
however, the owner of a registered recreational vehicle or boat desires
to obtain a replacement trailer for that registered recreational vehicle
or boat, and no other improvements or changes to the property are
sought, that owner shall make application to the Zoning Board of Adjustment
for use variance relief without submission of a site plan, and such
relief may be granted by the Zoning Board of Adjustment in its sole
and independent judgment.
(10) Any violation of this section, including failure to properly register
a recreational vehicle, boat, or trailer, shall result in the imposition
of a fine of $50 per day.
(11) All recreational vehicles, boats and trailers, no matter where parked
(residential zone, or nonresidential zone, garage, backyard or sideyard)
must be currently registered with the DMV (however, it does not have
to be registered to the owner of the property); must be "mobile" at
all times (no flat tires on recreational vehicles or trailer, no boat
placement on "cradles" of any sort); the recreational vehicle, boat
or trailer and/or any material covering or protecting the recreational
vehicle, boat or trailer must be maintained and operational and shall
not display wear and tear above and beyond normal and reasonable wear.
[Amended 6-13-2006 by Ord. No. 1692]
No truck, tractor, trailer, semi-trailer, school
bus or licensed commercial vehicle having a gross registered weight
in excess of 14,000 pounds shall be stored or parked on any lot situated
in a residential zone.
Community residences for up to six mentally or physically handicapped persons and their resident staff shall be permitted in any residential zone in the Borough. Such community residences shall meet the minimum area, yard and building requirements set forth for single-family units in the zone in which located. Community residences for the placement of more than six but fewer than 16 mentally or physically handicapped persons, exclusive of resident staff, may be permitted in residential zones as a conditional use, provided that all of the terms and conditions specified for this particular use in §
420-59 of this chapter are complied with.
The sale or the public communication of obscene
materials in any zoning districts of the Borough of Middlesex, as
obscene materials are defined in N.J.S.A. 2C:34-2 et seq., is hereby
prohibited.
All standards for control and regulation of land within delineated flood hazard areas, either as promulgated by Chapter
224, Flood Damage Prevention, or as adopted by state agencies, are hereby incorporated in this chapter.
[Amended 12-20-2022 by Ord. No. 2077]
A. Every residential building shall have a minimum of
habitable floor area, exclusive of basement area, per projected occupant.
B. Based upon the above standards, a minimum of 1,500
square feet is required for two-bedroom and three-bedroom units, and
1,800 square feet for four-bedroom units. However, in no event shall
a single-family unit be less than 1,000 square feet. This section
shall not apply to units located in the Senior Citizen Residential
District (SCR District), which shall have a minimum of 500 square
feet for a single-bedroom unit.
No driveway that provides access to a commercial
or industrial use shall be established through a lot zoned for residential
use.
The height limitations of this chapter shall
not apply to church spires, belfries, cupolas or domes not used for
human occupancy; nor to chimneys, ventilators, skylights, water tanks,
bulkheads and necessary mechanical appurtenances usually carried above
the roof level; nor to noncommercial radio and television antennas
or transmission apparatus; except that such features, if erected on
a roof, shall not exceed 20% of the total roof area. Penthouses or
roof structures for housing mechanical equipment shall also be exempt,
provided that said structure does not exceed 1/3 of the building
height or 12 feet, whichever is less.
Earth terminals shall be permitted in all zones
except the G-B Zone as an accessory use to a permitted use on the
site, subject to compliance with the following provisions:
A. Personal earth terminals intended for the recreation
or transmission of radio and/or television signals, whether from a
ground-based antenna or a satellite for private noncommercial use.
[Amended 6-29-1993 by Ord. No. 1285]
(1) Only one earth terminal shall be permitted per dwelling
or principal use, as applicable.
[Amended 12-19-2000 by Ord. No. 1515]
(2) Earth terminals having a diameter of more than 10
feet shall be located in the rear of the setback line and shall be
located, from all property lines, at a minimum distance which is equal
to the height of the antenna, or the minimum setback required for
accessory structures in the zone, whichever is greater.
(3) All earth terminals having a diameter of greater than
18 inches shall be located on the ground. Earth terminals having a
diameter of 18 inches or less may be located on existing structures.
[Amended 12-19-2000 by Ord. No. 1515]
(4) All wiring and connecting cables between the personal
earth terminal and the principal building shall be buried underground.
(5) The earth terminal shall be screened from view by
a solid screening material which is aesthetically compatible with
the character of the neighborhood.
[Amended 6-29-1993 by Ord. No. 1285]
B. If the imposition of the standards set forth in Subsection
A create a condition so as to prevent reception or transmission of signal, a waiver may be granted by the Planning Board from the above standards, provided that the location of the earth terminal will not detract from the aesthetic character of the neighborhood or create a health or safety hazard.
[Amended 6-29-1993 by Ord. No. 1285]
C. Commercial earth terminals. Commercial earth terminals shall be permitted as conditional uses in the CLW and IND Zones, subject to compliance with the requirements of §
420-59I.
[Amended 6-29-1993 by Ord. No. 1285]
In the event that damage resulting from a fire,
an explosion or an act of God renders any existing single-family or
two-family dwelling inhabitable, mobile housing units shall be permitted
to be located on the lot on a temporary basis, not to exceed four
months. The location of said temporary housing unit shall not be governed
by existing setback requirements of the zone, but shall be set back
a minimum of five feet from adjacent properties and shall not be located
within a required sight triangle.
[Amended 6-29-1993 by Ord. No. 1285; 12-19-2000 by Ord. No. 1515]
The temporary or occasional operation or use of flea markets, sidewalk sales, tent sales, festivals, fairs, carnivals or amusements or exhibitions at specific locations for a period not to exceed seven days shall be permitted in the G-B, CLW and IND Zones, subject to approval of a plan by the Zoning Code Official showing the location of structures, lighting, signs and any other objects to be used as part of the use. The plan submitted shall provide for unimpeded on-site traffic circulation and provide for the use to be located outside a required buffer along adjacent residential property. Said use shall also comply with the requirements of Chapter
327, Seasonal Sales.
[Amended 6-29-1993 by Ord. No. 1285]
The storage or warehousing of materials, supplies
and/or products in trailers or containers and the use of trailers
as a temporary office is hereby prohibited in all zones, except for
the following exceptions:
A. Construction trailers may be placed on a construction
site, provided that no such trailer may be placed on a site prior
to the granting of site plan approval, and further provided that all
such trailers shall be removed from the site if construction is not
pursued diligently for any consecutive six-month period. The location
of the construction trailer on the construction site must meet the
approval of the Construction Code Official.
B. Commercial container trailers may be placed in the
rear yard only of the CLW, I and HI Zones for a period not to exceed
30 days. An extension to this limitation may be granted by the Borough
Zoning Officer. Such trailers shall comply with all setback requirements
for a principal structure in the zone.
A building permit must be obtained and construction
started within one year of the date of approval of a variance or such
variance approval shall be automatically revoked. However, the applicant
may apply for and the Board may grant extensions of such variance
approval for additional periods of at least one year, but not to exceed
a total extension of two years.
The use of any land, lot, building, rooftop,
or parking area for the purpose of accommodating the taking off, landing
or parking/storage of any aircraft, including but not limited to airplanes,
helicopters, hot air balloons and ultralight aircraft, shall be prohibited
in all zoning districts as either a principal or accessory use.
[Added 6-29-1993 by Ord. No. 1285]
Every applicant in all districts except the
Residential District and the Municipal District shall include provision
for recycling of solid waste to the maximum extent possible. Materials
to be recycled shall include but are not limited to the following:
H. Any other material required to be recycled by law.
[Added 5-26-1998 by Ord. No. 1430]
No sexually oriented business shall be operated
or maintained within 1,000 feet of a residentially zoned district,
public place of worship, a state-licensed day-care facility, public
library and public educational facilities which serve persons age
17 or younger, school bus stops and/or playgrounds.