A.
No building, or any appurtenance thereto, may be erected, altered
or used, and no lot or premises may be used for any use which is likely
to create conditions of hazard, smoke, fumes, noise, odor or dust
or other noxious or offensive conditions detrimental to the health,
safety or general welfare of the surrounding area. All uses shall
be subject to such firesafety conditions as are approved by the Construction
Official. In determining whether a proposed use is noxious, hazardous
or offensive, the following standards shall apply. The proposed operation
shall not:
(1)
Constitute a public nuisance beyond the boundary of the site on which
the use is located by reason of dissemination of noxious, toxic or
corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise
or vibration occurring from other causes at the boundary line of the
site on which the use is located.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat, light or glare.
(5)
Result in electrical disturbance in nearby residences.
(6)
Contribute to the pollution of waters.
(7)
Create an objectionable traffic condition on the street or in an
adjacent area.
(8)
Create any other objectionable condition in an adjoining area which
will endanger public health and safety or be detrimental to the proper
use of the surrounding area.
B.
The applicant, as a condition of approval, shall demonstrate that
adequate provisions will be made to reduce and minimize any objectionable
elements to the degree necessary to ensure that the proposed use will
not be noxious, hazardous or offensive as defined above. In order
to determine that adequate safeguards are provided, the Construction
Official or the Land Use Board may require that the applicant submit
necessary information, plans, impartial expert judgments and written
assurances; obtain the expert advice of official agencies or of private
experts or consultants; and make such reasonable tests as are deemed
necessary.
C.
Attached (row) buildings used exclusively as dwellings shall not
be permitted in any district.
D.
No lot or premises may be used for a trailer camp, tourist cabin
court, trailer or mobile home for dwelling use, automobile wrecking
yard or for the storage of secondhand building materials for sale.
E.
No building, excepting churches and schools, having a height of more
than 30 feet from the ground level to the highest point of the roof
shall be permitted in any district.
F.
Gasoline service stations shall not be permitted within 250 feet
of a church, school, firehouse or other public building. The buildings
shall be the determining factor in the restriction provided for in
this subsection.
G.
No building or structure of any kind shall be built within five feet
of any property line in the residential district with the exception
of one shed of no more than 100 square feet may be built within five
feet from the rear line of any property in the residential district.
[Amended 10-30-1996]
A.
Not less than one off-street parking space, with proper access from
a street or alley, shall be provided on any lot on which a main building
is hereafter erected, and the following types of uses shall provide
additional off-street parking space, as indicated, which parking space
shall have proper access from a street or alley and shall be located
on or near the lot on which such use is situated:
(2)
Hotel, motel, tourist home, rooming or boarding house: one space
for each rental room or suite.
(3)
Restaurant, cafe or tearoom having a total floor area of more than
1,000 square feet: one space for each 50 square feet of floor space
devoted to patron use.
(4)
Theater, auditorium or other place of public assemblage, except churches
and public and parochial schools: one space for every 10 seats.
(5)
Commercial, office or recreational building, other than those specified
above, having a total floor area of more than 1,000 square feet: one
space for each 100 square feet, or portion thereof, of ground floor
area, plus two spaces for each 300 square feet, or portion thereof,
of upper floor area devoted to patron use.
(6)
Industrial establishment: one space for each four employees on any
one shift.
(7)
Boat yard, marina or similar enterprise: one space for each boat
stored or moored at the premises.
B.
In addition to the minimum of 200 square feet per parking space required as defined in § 205-3, Definitions and word usage, adequate driveways, aisles and maneuvering spaces shall be provided. Parking areas shall be graded for convenient access and shall be paved with a hard or semi-hard material or otherwise treated to prevent dust or other loose cover from becoming a nuisance or hazard.
C.
Off-street parking facilities existing at the effective date of this
chapter shall not subsequently be reduced to an amount less than that
required under this chapter for a similar new building or new use.
Off-street parking facilities provided to comply with the provisions
of this chapter shall not subsequently be reduced below the requirements
of this chapter.
D.
All types of commercial vehicles shall be prohibited from parking
on all streets, thoroughfares, avenues and highways in the Borough
from sunset to sunrise, except in District I-4 (Light Industrial).
E.
Except as provided in Subsection H of this section, no airplane, boat, mobile home, motor vehicle, trailer or part of such vehicles shall be parked or stored in the front yard of any lot in a residential zone or the side yard facing a street on a corner or a reverse corner lot in a residential zone, except that any such vehicle, belonging to the owner or resident of the subject property, may be parked upon a driveway, perpendicular to one street adjoining the property.
[Added 9-10-1985; amended 9-10-2003 by Ord. No. 15-03]
F.
No motor vehicle, trailer or part of such vehicle with a registered
weight in excess of 8,000 pounds shall be parked on any lot in a residential
(R-1) zone.
[Added 11-13-1995]
G.
Any unregistered motor vehicle parked on a residential lot in the
Borough of Westville shall be required to be covered by an approved
commercial vehicle cover. Unregistered vehicles so regulated would
include airplanes, boats, mobile homes, motor vehicles, trailers or
any part of such vehicles parked or stored on any lot in a residential
zone. For the purposes of this subsection, an "approved commercial
vehicle cover" shall be defined as any commercially manufactured and
distributed cover which is fitted to protect and/or cover said vehicle
in a fitted and appropriate manner.
[Added 10-10-2001[1]]
H.
A special "Big Timber Creek" overlay zone is hereby established and
is defined as any residential property that touches or abuts the Big
Timber Creek along Timber or Edgewater Avenue. Within this zone, it
shall not be a violation to store a boat in the front yard.
[Added 9-10-2003 by Ord. No. 15-03]
A.
Continuation. Any lawful use of a building or land existing at the
effective date of this chapter or authorized by a permit issued prior
thereto may be continued although such use does not conform to the
provisions of this chapter.
B.
Extension.
(1)
A nonconforming use of a portion of a building may be extended throughout
the building if no structural alterations are made therein, other
than those necessary to assure the structural safety of the building,
provided that such extension may include structural alterations when
authorized by the Land Use Board as a conditional use.
(2)
A nonconforming use of a building or land may be extended when authorized
by the Land Use Board as a conditional use. Any such extension or
enlargement shall be immediately adjacent to the existing nonconforming
use, shall be located on the lot held in single and separate ownership
at the effective date of this chapter and shall conform to the area
and height regulations of the district in which it is situated.
C.
Changes. A nonconforming use of a building or land may be changed
to a nonconforming use of the same or more restricted classification
when authorized as a conditional use by the Land Use Board. Whenever
a nonconforming use of a building or land has been changed to a use
of a more restricted classification or to a conforming use, such use
shall not thereafter be changed to a use of less restricted classification.
D.
Restoration. A nonconforming use or building which is partially destroyed
by fire, explosion, act of God or any other cause may be reconstructed
and used for the same nonconforming use, provided that building construction
shall be commenced within one year from the date the building was
destroyed and shall be carried on without interruption, and the reconstructed
building shall not exceed, in height, area and volume, the building
destroyed.
E.
Abandonment. If a nonconforming use of a building or land is voluntarily
abandoned and ceases for a continuous period of one year or more,
subsequent use of such building or land shall be in conformity with
the provisions of this chapter.
A.
Trash and recycling containers.
(1)
Refuse and recycling containers and dumpsters for multifamily residential
and nonresidential uses must be contained in an opaque enclosure and
shielded from the public view. Such areas may not be located in the
front yard area.
(2)
All refuse and recycling containers shall be enclosed by an opaque
decorative fence or masonry wall finished to match the principal structure,
a minimum of five feet high, with locking gates on the front. The
gate must have a metal frame and metal hinges. The gate may be chain
link with slats, but the other three walls of the enclosure shall
not be chain link.
(3)
For high refuse generating uses, the enclosure should include a pedestrian
gate, so employees may easily enter and exit without the need to open
the main gates.
(4)
All refuse and recycling areas shall separate and provide distinct
containers for recyclable and nonrecyclable trash.
(5)
All refuse and recycling areas for new development or redevelopment
shall be surrounded on three sides by a five-foot-wide landscaped
area. For developed sites, the five-foot-wide area may be waived if
the area is already impervious.
(6)
Where refuse disposal units are used for townhouse, condominium or
apartment dwellings, the disposal locations shall be conveniently
located between 25 feet and 150 feet from each building.
B.
No front yard shall be used for open storage of appliances, portable
pools, vehicles, boats or any other equipment except for in driveways
where the parking of operable vehicles is permitted.
C.
Where permitted, outdoor storage areas must be screened from public
view by decorative fencing and/or evergreen landscaping.
A.
Each residential property shall be permitted a maximum of two accessory
buildings: one shed not to exceed 144 square feet and one private
detached garage for storing private vehicles not to exceed 24 feet
by 24 feet. If a property does not have a detached garage, a second
shed may be permitted.
(1)
Accessory garages in residential districts must be of a residential
character and may not be a metal or pole barn structure.
B.
Accessory buildings larger than 144 square feet in the nonresidential
zones or for any nonresidential use require site plan approval.
C.
An accessory building that is attached to a principal building shall
comply with the setback and yard requirements of the zone for the
principal building.
D.
Detached accessory buildings are not permitted in the front yard
area, except that properties with frontage on a public street and
on the waterfront may have an accessory structure in the front yard
set back a minimum of 10 feet from the property line.
E.
Accessory structures in residential and nonresidential zoning districts
shall be a minimum of five feet from the rear and side property lines.
F.
Accessory buildings in residential zones shall not exceed 15 feet
in height.
The Master Plan for the Borough of Westville, having been prepared
and officially adopted, shall guide the use of lands within the Borough
in a manner which protects the public health and safety and promotes
the general welfare as envisioned under the Municipal Land Use Law
(N.J.S.A. 40:55D-1 et seq.), particularly N.J.S.A. 40:55D-28.
