[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 2-1-2005
by Ord. No. O:2005-06. Amendments noted where applicable.]
The purpose of this chapter is to insure the health and safety and reasonable
enjoyment of one's property for all residents of the Town of Phillipsburg
by providing requirements and time limits for temporary structures erected
on commercial or residential property.
As used in this chapter, the following terms shall have the meanings
indicated:
A public or private condition that would constitute a nuisance according
to the laws of the state and/or Town ordinance, and specifically including,
but not limited to, the following:
Any open, unsecured or unsupervised temporary structure found to be
an attraction to trespassers shall be deemed to be an attractive nuisance.
Any temporary structure that has defective or unsanitary plumbing facilities
or defective electrical equipment.
Any temporary structure considered to be a fire hazard or is otherwise
unsafe or unsecured so as to endanger life, limb or property.
Any temporary structure that is in need of repair or is in a state of
dilapidation, decay, faulty construction, vacant or abandoned,
damaged by fire, in danger of collapse or failure, or otherwise dangerous
to anyone on or near the premises.
Structures utilized on a short-term, seasonal or intermittent basis,
such as tents, canopies, metal storage sheds or similar structures without
a permanent foundation and not classified as a premanufactured garden-type
utility shed in accordance with the New Jersey Uniform Construction Code.
Children's play tents and equipment or other leisure seasonal canopies not
used for storage are excluded from the requirements of this chapter. Said
structures shall not be permitted in areas visible from the public right-of-way
unless specifically approved and authorized by a zoning permit from the Zoning
Official. Temporary structures will not be permitted if the structure(s) create
an attractive nuisance or pose any other threat to the health, safety and/or
well-being of the community.
All temporary structures erected or located in any zone adjacent to
or on any commercial or residential properties shall be subject to the following
requirements:
A.
Setbacks.
(1)
Temporary structure(s) erected in any residential zone shall not be permitted within a front yard setback and only within a side yard that does not abut a public right-of-way. Temporary structure(s) within a side yard shall meet the minimum setback requirements in accordance with Chapter 625,§ 625-80, Schedule of Area, Lot and Bulk Requirements. Temporary structure(s) in a rear yard shall be at least three feet from any side or rear property line. Temporary structures in the rear yard which abut an alley and are used as a garage with its access from the roadway shall be set back 15 feet from the rear or side property line which abuts the roadway. All measurements shall be taken from the furthest projection or overhang.
(2)
Temporary structures erected in any commercial zone or adjacent to any residential properties or zone shall meet the setback requirements in accordance with Chapter 625, Zoning, for the commercial or the residential zone, whichever is greater. All measurements shall be taken from the furthest projection or overhang.
B.
Structural requirements and dimensions. All tent, tension
membrane and formed or rolled extruded aluminum or steel structures shall
be adequately anchored to the ground in accordance with the New Jersey Uniform
Construction Code. Temporary structures shall not exceed 15 feet in height
if detached from the main structure.
No temporary structure shall be erected, constructed, or placed upon
any property without first obtaining a zoning permit from the Zoning Official.
The issuance of a temporary structure permit which is subject to the provisions
of the New Jersey Uniform Construction Code shall be reviewed and approved
by the Construction Official. In making the determination as to whether to
issue said permit, the Construction Official shall consult with the local
Fire Official whenever a separate permit must also be secured under the New
Jersey Uniform Fire Code. Further, the Construction Official may impose certain
reasonable requirements as may be required to keep the temporary structure
from becoming unsafe to the surrounding properties.
Prior to the issuance of a zoning permit, the applicant shall file an
application with the Zoning Official providing the following information.
For any temporary structure which requires a construction permit or Uniform
Fire Code permit; the applicant shall also be required to make an application
for and obtain the required permits from the appropriate enforcing agency.
A.
The name, address and telephone number of the applicant
seeking the permit.
B.
The name, address and telephone number of the property
owner where the temporary structure is to be erected, constructed or placed.
C.
A description or plot plan of where the proposed temporary
structure is to be erected, constructed or placed on the property.
D.
The need for the temporary structure and the period of
time the proposed structure will be present on the property.
E.
A description, including the dimensions and the materials
to be utilized for the construction of the temporary structure which is to
be erected, constructed, or placed upon the property.
Upon approval by the Zoning Official and payment of a permit fee, the
Zoning Official shall issue a permit to the applicant. The permit shall be
issued for a minimum period of 30 days and shall not exceed 90 days in a one-hundred-eighty-day
period. The permit fee shall be $50 for the first month and $25 for each month
or portion thereof, per structure.
All such temporary structures shall be removed from the property at
the expiration of the time period delineated in the permit.
