A. 
In the interpretation and application of the provisions of this chapter, such provisions shall be held to be minimum requirements, adopted for the promotion of health, safety and general welfare.
B. 
Wherever the provisions of any statute of the State of New Jersey or other ordinance or regulation of the Borough of Emerson require a greater width or size of yards, buildings or open spaces or require a lower height of structure or a fewer number of stories or require a greater percentage of lot to be left unoccupied or impose conditions more restrictive than are required by the regulations of this chapter, the provisions of such statute of the State of New Jersey or other ordinance or regulation of the Borough of Emerson shall govern.
C. 
It is the intention of this chapter to zone, restrict and limit the use of land within the Borough of Emerson. The use of any land, with or without a structure thereon, for any use not expressly permitted in the district in which the same is located is prohibited.
Except as hereinafter otherwise provided:
A. 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
B. 
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located.
C. 
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt and no open space surrounding any building shall be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located.
D. 
No yard or other open space surrounding any structure for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
E. 
No off-street parking area or loading or unloading area which is provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading for a use or structure on any other lot.
F. 
No land in a residential zone shall be used to fulfill open space, parking or similar requirements for uses in nonresidential zones. No access shall be allowed through a residential zone to service a use in a nonresidential zone except as may be afforded through a public street.
[Amended 1-30-1979 by Ord. No. 711; 9-25-1979 by Ord. No. 729; 8-14-2018 by Ord. No. 1560-18]
A. 
Any use not designated as a principal use, a permitted accessory use or a conditional use is specifically prohibited from any zone in the Borough of Emerson.
B. 
The following uses of property are prohibited in all zone districts in the Borough of Emerson: All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.
[Amended 6-15-2021 by Ord. No. 1635-21]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
The location and boundaries of said zones are hereby established as shown on the Zoning Map of the Borough of Emerson, which is attached hereto and is hereby made a part of this chapter. Said map or maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were set forth verbatim and at length.[1]
[1]
Editor's Note: The Zoning Map is available on the Borough website, emersonnj.org, and a Table of Zoning Map Amendments is included as an attachment to this chapter.
A. 
Designation of zone boundaries. The zone boundary lines are intended generally to follow the right-of-way lines of streets and railroads, existing lot lines, the center line of rivers, streams and other waterways and municipal boundary lines, all as shown on the Zoning Map; but where a zone boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
B. 
Boundary line to coincide with lot lines. If a zone boundary line falls within 20 feet of a lot line existing at the time of passage of this chapter, then the lot line shall be considered the zone boundary. In the event that a zone boundary is unclear, the Board of Adjustment shall determine its exact location.