Except as hereinafter provided:
A. No building or land shall hereafter be used or occupied
and no building or part thereof shall be erected, moved or altered
unless in conformity with the regulations herein specified for the
district in which it is located.
B. No building shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area or to have narrower
or smaller rear yards, front yards, side yards or inner or outer courts
than specified herein for the district in which such building is located.
C. No part of a yard or other open space required about
any building for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
similarly required for another building.
D. Prohibited
uses shall include 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, but not the delivery of cannabis
items and related supplies by a delivery service.
[Added 6-14-2021 by Ord. No. 754]
[Added 5-21-2001 by Ord. No. 545]
A. Legislative statement. The purpose of this section
is to establish the limits of development of all lots within all of
the zones within the Borough. This section is intended to replace
and supersede all previous zoning reference to "impervious coverage"
as otherwise previously defined in the Borough Code. The purposes
of improved lot coverage are:
(1) To manage surface stormwater runoff, so that the quantity
and/or rate of runoff (discharge) from each individual lot does not
increase to the extent that it might adversely affect neighboring
properties;
(2) To protect and improve the quality of surface stormwater
runoff, so that the water quality of receiving waters is not impaired;
(3) To improve the visual quality of our residential and
nonresidential neighborhoods by reducing the aerial extent of improvements
on lots and by increasing the expanse of vegetated areas;
(4) To improve the visual quality of our residential and
nonresidential neighborhoods by reducing the bulk of structures on
individual lots; and
(5) To maximize the flow of air and access to sunlight
between buildings by reducing the bulk of man-made improvements on
individual lots.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
IMPROVEMENT
Any constructed or man-made object or structure or any structure
made from natural materials but used for a purpose otherwise provided
by man-made objects (e.g., stone driveways). Typically, this would
exclude only landscaped areas.
C. In order to achieve these purposes, the maximum quantity
of improvements on residential and nonresidential lots has been established
as a percentage of the total area of the lot as follows:
(8) OALSR Zone: 40%.
[Amended 7-18-2016 by Ord. No. 705]
[Added 6-21-2004 by Ord. No. 567]
A. Any change in use, ownership or occupancy of an existing
nonresidential structure or use shall require approval.
B. Upon change of use, the Construction Code Official
shall determine whether the use is of a nature, extent and intensity
so similar to the previous use that a use permit shall not be required.
The Construction Code Official may either issue a continuing certificate
of occupancy or refer the matter to the Planning Board. In either
event, the applicant for a certificate of occupancy shall pay the
fee established for use permits.
C. The applicant shall be required to submit a change
of use application and an accompanying sketch plat indicating the
location and layout of all existing structures, lot configuration,
general parking and loading areas, lighting, drainage, landscaping
and other general site factors. In lieu of such sketch plat, the applicant
may refer to prior site plans for the premises filed with the approving
authority, with appropriate notations indicating any changes made
on the premises since the earlier site plan approval.
D. If the Construction Code Official determines that
the change of the nature of the use, extent or intensity of activity
does not require additional improvements, the Construction Code Official
shall approve the application or conditionally approve the application.
E. If the Construction Code Official determines that
certain improvements are required or the nature, extent of use or
intensity should be reviewed, he shall deny the application and require
submission to the Planning Board of the use permit and partial or
complete site plan application as provided by this chapter.