[Amended 7-12-1985; 12-1-1989; 12-1-1995; 10-9-1998; 7-2-1999; 10-6-2000; 6-7-2002 by Ord. No. 2002-12; 4-3-2003 by Ord. No. 2003-7]
For the purposes of this chapter, the Township of White is hereby
divided into 14 zone districts as follows:
R-1
|
Detached Single-Family Residence District
|
R-1B
|
Single-Family and ARC District
|
R-2
|
Single-Family Detached Residence District
|
R-3
|
Garden Apartment District
|
R-4
|
Mobile Home District
|
N-C
|
Neighborhood Commercial District
|
C-C
|
Community Commercial District
|
H-D
|
Highway Development District
|
O-B
|
Office Building District
|
I
|
Industrial District
|
IL
|
Light Industrial District
|
I-2
|
Industrial-Quarry District
|
LDI
|
Low Density Industrial District
|
SR
|
Soil Removal and Surface Mining District as an overlay district (See Article XXVIII)
|
[Amended 4-2-1982; 4-1-1983; 12-2-1983; 12-28-1984; 7-12-1985; 10-7-1988; 12-1-1989; 8-2-1991; 2-7-1992; 12-1-1995; 7-2-1999; 6-7-2002 by Ord. No.
2002-12; 5-6-2004 by Ord. No. 2004-10; 8-9-2007 by Ord. No.
2007-3[1]]
The Zoning Map, dated April 22, 2002, and revised February 26,
2004; May 12, 2004; and February 18, 2010, delineating the above districts,
including the Schedule of Requirements summarizing the required conditions
for each district shown on the Zoning Map,[2] are hereby declared to be a part of this chapter.[3] The zone district boundary lines are intended generally
to follow street center lines, existing lot lines and center lines
of railroad rights-of-way. Where a zone district boundary line does
not coincide with any such line as above set forth, its location or
relation to another boundary line shall be designated on the Zoning
Map by means of figures or dimensions expressing distance in feet
from a street side line or other boundary line. In cases of uncertainty
or disagreement as to the true location of any zone district boundary
line, the determination thereof shall lie with the Board of Adjustment.
A.Â
Continuance of nonconforming uses or structures. Any nonconforming
use or structure which lawfully existed at the time of the passage
of this chapter may be continued and any such existing nonconforming
building or structure may be reconstructed or structurally altered,
provided that it shall meet the requirements of this article.
B.Â
Certificates as to nonconforming uses.
[Added 9-5-1986]
(1)Â
A prospective purchaser, prospective mortgagee or any other person
interested in any land upon which a nonconforming use or structure
exists may apply, in writing, for the issuance of a certificate certifying
that a particular use or structure existed before the adoption of
the ordinance which rendered the use or structure nonconforming.
(2)Â
Application for such a certificate may be made to the Zoning Officer
within one year of the adoption of the ordinance which rendered the
use or structure nonconforming.
(3)Â
Application for such a certificate may be made to the Zoning Board
of Adjustment at any time, and any denial of an application for a
certificate by the Zoning Officer shall be appealable to the Zoning
Board of Adjustment. The provisions of Sections 59 through 62 of the
Municipal Land Use Law, N.J.S.A. 40:55D-72 through 40:55D-75, shall
apply to any application or appeal to the Zoning Board of Adjustment.
(4)Â
Any applicant for a certificate shall have the burden of proof.
(5)Â
Every certificate issued pursuant to this section shall include a
description of the nature and extent of the nonconformity in sufficient
detail to establish a record that will be available in the event that
questions may arise as to subsequent enlargement or expansion of the
nonconforming use covered by the certificate.
(6)Â
Copies of every certificate issued by the Zoning Officer shall be
forwarded to the Zoning Board of Adjustment and Planning Board. Copies
of every certificate issued by the Zoning Board of Adjustment shall
be forwarded to the Zoning Officer and Planning Board.
C.Â
Alteration, extension or enlargement of nonconforming uses or structures.
Nonconforming uses or structures in all zone districts shall conform
to the following requirements:
(1)Â
Any structure or use of land which is nonconforming because of use
shall not be enlarged or extended in any manner whatsoever.
(2)Â
There shall be no structural alterations made to any nonconforming
building or structure that is nonconforming because of use. Structural
alterations may be made in a building which is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this chapter so long as the structural
alteration does not extend, enlarge or aggravate the nonconformance.
(3)Â
A nonconforming use changed or altered to a conforming use may not
thereafter be changed back to a nonconforming use, but nothing hereinbefore
stated shall prevent the strengthening or restoration to a safe and
lawful condition of any part of any building declared unsafe by the
Construction Official, the Chief of the Township Fire Department or
the Township Engineer.
(4)Â
In the event that there shall be a cessation of operation or occupancy of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use, the provisions of Subsection A of this section notwithstanding, shall be presumptively deemed a violation of the terms of this chapter.
(5)Â
Nothing in this chapter shall require any change in plans, construction
or designated use of a structure or building for which a construction
permit has been heretofore validly issued if construction has been
started and diligently prosecuted at the time of the adoption of this
chapter.
(6)Â
Nothing in this chapter shall be construed as authorization for an
approval of the continuation of the use of a building, structure or
premises in violation of any zoning ordinances, rules or regulations
in effect immediately preceding the time of the effective date of
this chapter.
(7)Â
Any nonconforming use that is nonconforming because it fails to comply
with height, area, yard, off-street parking or other like requirements
of this chapter shall not be changed or altered to enlarge the nonconformance.
D.Â
Restoration of existing buildings which are nonconforming because
of use. Nothing in this chapter shall prevent the restoration or continuance
of a nonconforming building or structure which is nonconforming because
of its use and which is partially destroyed by fire, explosion, act
of God or of any public enemy or the like. Nonconforming buildings
or structures which have been totally destroyed by fire, explosion,
act of God or of any public enemy or the like may not be rebuilt except
as a conforming use.
E.Â
Restoration of existing buildings which are nonconforming because
of reasons other than use. Nothing in this chapter shall prevent the
restoration or continuance of a nonconforming building or structure
which is nonconforming because it fails to comply with any height,
area, yard, off-street parking or other like requirements of this
chapter and which is partially destroyed by fire, explosion, act of
God or of any public enemy or the like; provided, however, that any
restoration of any such building or structure shall not extend, enlarge
or aggravate the previously existing nonconformance.
A.Â
Permit. It shall be unlawful for any person to erect, paint or relocate
any signs as defined by this chapter within the Township of White
without first obtaining a sign erection permit from the Construction
Official. The Construction Official shall issue permits only for such
signs as are specifically allowed for the particular premises and
zone district in which the premises is located. Signs painted directly
on any part of any building wall are prohibited.
B.Â
Sign area measurement. See definition of sign area in § 160-4.
[Amended 6-28-2018 by Ord. No. 2018-03]
C.Â
General sign provisions.
(1)Â
No sign shall be placed as to interfere with or be mistaken for a
traffic light, emergency vehicle signal or similar safety device.
(2)Â
All illuminated signs shall be either indirectly lighted or of the
diffusely lighted type. No sign shall be lighted by means of flashing,
revolving or intermittent illumination. All lights used for the illumination
of any use or building or the areas surrounding them or for the illumination
or display of merchandise or products shall be completely shielded
from view of vehicular traffic using any public thoroughfare. Floodlights
used for the illumination of said premises or of any sign thereon,
whether or not such floodlights are attached to or separate from the
building, shall not project more than 18 inches above the highest
elevation of the front wall of the building or more than 20 feet above
the street level of the premises, whichever is less. Spotlights are
specifically prohibited.
[Amended 12-29-1997]
(3)Â
No sign as permitted shall extend or project above the highest elevation
of the wall to which it is attached.
(4)Â
Signs displayed in the windows of any structure in any zone district
shall be considered to contribute to the total sign area permitted
under this chapter.
[Amended 12-29-1997]
(5)Â
Temporary signs.
(a)Â
Temporary signs used as accessory to new construction or alteration
on the premises are permitted only after a construction permit for
said construction and sign has been issued; provided, however, that
said temporary sign shall not be larger than 32 square feet and must
be removed prior to the issuance of a certificate of occupancy for
said construction.
(b)Â
Signs for the sale of seasonally produced agricultural crops
may be permitted under the following conditions:
[Added 12-29-1997]
[1]Â
Crops sold shall be grown on White Township farms.
[2]Â
A seasonal sign shall not be displayed for more than six months.
[3]Â
The sign must be removed for a period of at least six months
following the initial six-month period of use.
[4]Â
The sign shall not exceed 32 square feet in size.
[5]Â
No sign shall be located so as to cause a hazard to the traveling
public.
(6)Â
No sign shall have any moving or revolving parts or be illuminated
with flashing, revolving or intermittent lighting.
(7)Â
Real estate signs other than "sold" signs are permitted in all zones,
provided that each complies with all of the following requirements:
(8)Â
Signs deemed necessary to the public welfare by the Township, including
but not limited to customary "no trespassing" and traffic or circulation
directing signs, are permitted in all zones. Such signs shall not
pertain to any company, individual or business establishment or organization,
fraternal or otherwise.
(9)Â
A sign not more than 16 square feet in area advertising the name
of a church on the church premises, its pastor and its coming activities
is permitted in all zones.
D.Â
Signs in residential districts. In the residential zones, only the following signs shall be permitted in addition to the signs as permitted in Subsection C above:
[Amended 12-1-1989]
(1)Â
One nameplate sign or customary sign for permitted uses, not more
than two square feet in area; provided, however, that no such sign
shall be placed within 10 feet of any property line other than a street
right-of-way line. Such signs may be either nonilluminated or illuminated
nonflashing signs, provided that the direct source of light is shielded
in such a manner that it is not visible from the street or any adjoining
residential property.
(2)Â
Notwithstanding any other provisions of this chapter, one sign not
larger than eight square feet may be displayed as accessory to each
permitted garden apartment, condominium, hotel or motel development
or institutionalized care facility; provided, however, that no such
sign shall be placed within 10 feet of any property line.
E.Â
Nonresidential zones and limited business permitted as part of an
ARC development in the R-1B Zone.
[Amended 12-1-1989; 12-29-1997]
(1)Â
Signage shall be permitted attached to a face of a building. Such
signage shall not exceed 10% of the total area of the face of the
building to which it is attached.
(2)Â
No building-mounted sign shall extend farther than 12 inches from
the face of the building. Any sign extending more than three inches
from the building shall be not less than 10 feet above ground level.
Signs attached to permanent canopies or marquees shall be permitted
under this section. The area of such signs shall be related to the
wall to which the marquee or canopy is attached.
(3)Â
The maximum area of such sign shall not exceed 32 square feet.
(4)Â
Signs may be illuminated in compliance with the provisions of § 160-86C(2).
F.Â
Freestanding signs.
[Amended 7-12-1985; 12-29-1997]
(1)Â
One freestanding sign for each street frontage shall be permitted.
(2)Â
No sign shall exceed 20 feet in height.
(3)Â
Any freestanding sign shall be set back not less than 15 feet from
any property line.
(4)Â
A freestanding sign shall have an area of not more than one square
foot for each linear foot of setback from the street pavement.
(5)Â
For the purpose of administering this subsection, the height of a
freestanding sign shall be the greatest vertical dimension and the
length shall be the greatest horizontal dimension of the background
upon which the lettering, illustration or display is presented, including
any base support or frame.
(6)Â
Freestanding signs may be illuminated internally or, in the case
of a ground-mounted sign, by floodlight, provided that the direct
source of light is not visible from any street, highway or residential
zone district. Said freestanding sign shall identify the principal
business or operation conducted on the premises only. Tenants shall
not attach their sign to any part of the permitted freestanding sign.
(7)Â
Directional and on-site information signs. Signs such as "enter"
and "exit" as well as those indicating public accommodations such
as rest room facilities shall not be included in calculations for
permitted signage.
(8)Â
The maximum area of any freestanding sign shall be 64 square feet.
(9)Â
No freestanding sign shall have more than two faces. Any such sign
shall not include an interior angle of more than 45°.
G.Â
Sign regulations for gasoline service stations. Notwithstanding any
other provisions of this chapter, gasoline service stations, where
permitted, may display only the following signs which are deemed customary
and necessary to their respective business:
(1)Â
One freestanding sign advertising the name of the station and/or
the principal products sold on the premises, including any special
company or brand name, insignia or emblem, provided that each such
sign shall not exceed 30 square feet in area on each side and shall
be placed not less than 10 feet within the property line and no portion
of said sign other than supporting members shall be less than 10 nor
more than 20 feet above the ground.
(2)Â
No permit for a freestanding pylon sign having a height in excess
of 15 feet or an area of 40 feet shall be issued unless two sets of
detailed plans of the sign, structure and foundation have been submitted
and approved by the Planning Board. Such plans shall show the wind-resistance
calculations and shall bear the signature and seal of an architect
or professional engineer registered in the State of New Jersey.
(3)Â
Directional signs or lettering displayed over individual entrance
doors or bays, consisting only of the words "washing," "lubrication,
repairs," "mechanic on duty" or other words closely similar in import,
provided that there shall be not more than one such sign over each
entrance or bay, the letters thereof shall not exceed 12 inches in
height, and the total area of each such sign shall not exceed three
square feet.
(4)Â
Customary lettering on, or other insignia which are a structural
part of, a gasoline pump consisting only of the brand name of gasoline
sold, lead warning sign, a price indicator and any other sign required
by law, and not exceeding a total of two square feet on each pump.
(5)Â
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, provided that
such sign does not exceed six square feet in area.
A.Â
Construction permits and plans.
(1)Â
No building or structure or part thereof shall be erected, razed,
moved, extended, enlarged, altered or demolished unless and until
a permit therefor has been granted by the Construction Official. Application
therefor shall be filed with the Construction Official by the owner
or his agent and shall state the intended use of the structure and
the land. The application shall be accompanied by detailed plans and
specifications, and new buildings or additions to buildings shall
be accompanied by a plot plan showing finished grades and existing
grades as required, open spaces, the established building lines within
the block upon which the land is located, minimum front, side and
rear yard setback lines, proposed building foundation location and
setback dimensions and such other information as may be required to
show that the proposed building or other structure shall comply with
all of the requirements of this chapter for the zone district in which
the premises is located as well as the New Jersey Uniform Construction
Code.[1] Said plan shall be drawn to scale and shall show actual
dimensions and figures. All plans, specifications and plot plans shall
be signed by a licensed architect or a licensed professional engineer
of the State of New Jersey; provided, however, that the owner of a
single-family residence may sign said plans in the event that he has
prepared them and intends to occupy said premises, and the owner shall
file an affidavit to that effect with said plans. The plot shall be
prepared and certified by a licensed professional engineer or land
surveyor of the State of New Jersey.
[Amended 6-14-2001]
(2)Â
The application for a certificate of occupancy shall be accompanied
by a location survey, prepared by a licensed land surveyor of the
State of New Jersey, showing building location, structures, decks,
driveways, property lines, setback dimensions and such other information
as required to show that the proposed building or other structure
complies with all of the requirements of this chapter for the zone
district in which the premises is located. The Construction Official
shall require that an as-built plan showing building foundation construction
and setbacks, prepared and certified by a licensed land surveyor of
the State of New Jersey, be submitted prior to framing.
[Added 6-14-2001]
(3)Â
No construction permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or any part thereof, unless and until the plans and intended uses therefor indicate that such building or structure is designed to conform in all respects to the provisions of this chapter and all other applicable ordinances of the Township of White. No construction permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or part thereof, unless and until the requirements of Articles IX, X and XI have been met.
(4)Â
The applicant for any construction or use in any nonresidential zone
shall also submit, in triplicate, all plans of the proposed construction
and development, including a description of the proposed machinery,
operation and products, if any, as well as an affidavit by the applicant
acknowledging his understanding of the applicable performance standards
and/or required conditions and agreement to conform to same at all
times. If there is any reasonable doubt as to the likelihood of the
intended use or construction conforming to the performance standards
and/or required conditions of this chapter or the Master Plan, or
if the Planning Board feels that due to the nature of the intended
use the development plans should be reviewed for report by one or
more expert consultants, the Planning Board shall request a deposit
of up to $2,500 to be placed in escrow, which will be used to defray
the cost of the special reports. The Planning Board shall refer the
application and development plans for investigation and report to
one or more expert consultants selected by the Board as qualified
to advise on conformance with the Master Plan, the required performance
standards and/or required conditions. A copy of each consultant's
report shall be promptly furnished to the applicant. Within 45 days
of receipt of all consultants' reports, the Board shall render a decision
regarding said application. Any permit authorized and issued shall
be conditioned on, among other things, the applicant's completed buildings
and installations in operation conforming to the Master Plan, the
applicable performance standards and/or required conditions and the
applicant's paying fees in excess of the required deposit if needed
to cover the costs of the expert's above-mentioned reports. All money
not used to pay for the services of the expert consultant or consultants
deemed reasonable and necessary by the Board for advice shall be returned
to the applicant at the time the Board renders its decision. The Construction
Official shall investigate any alleged violation of the performance
standards and/or required conditions and, if there are reasonable
grounds to believe that a violation exists, shall notify the Planning
Board. The Planning Board shall investigate the alleged violation
and for such investigation may employ qualified experts. If the experts
find that such a violation exists, the cost of the experts' service
shall be paid by the violator. If there was no violation, the Township
of White shall bear the burden of said costs.
B.Â
Time limitation. The Construction Official or the Zoning Officer,
as the case may be, shall issue or deny a construction permit or zoning
permit, as the case may be, within 20 business days of the application
therefor where site plan approval by the Planning Board is not required
and within 20 business days after action on the site plan by the Planning
Board where site plan approval is required.
C.Â
Zoning permits for land use. No land shall be occupied or used in whole or in part for any purpose whatsoever unless and until a zoning permit therefor shall have been issued by the Zoning Officer. A zoning permit for land use shall be required for the use of any premises which does not have upon it a building or where a use, occupancy or operation on any premises may be lawful under the terms of Subsection A of this section without the granting of a construction permit and/or certificate of occupancy. Whenever there shall be a change contemplated in the use, operation or occupancy of any such premises, a new zoning permit shall be required therefor.
D.Â
Certificates of occupancy for buildings or structures. No building
or structure hereafter erected or altered and no building in which
the occupancy or tenancy or nature of use shall have been changed
shall be occupied or used in whole or in part for any purpose whatsoever
unless and until a certificate of occupancy shall have been issued
therefor by the Construction Official. A temporary or partial certificate
of occupancy may be issued by the Construction Official covering specific
completed portions of a building for a specified length of time not
to exceed six months where the completion of certain required improvements
can justifiably be delayed.
E.Â
Prerequisites for the issuance of certificates of occupancy.
(1)Â
No certificate of occupancy shall be issued by the Construction Official
until he has ascertained that all the requirements of this chapter
and any other applicable Township or state regulations and ordinances,
Board of Adjustment decisions, necessary resolutions of the Township
Committee and conditions of the site plan as approved by the Planning
Board have been and are fully complied with.
(2)Â
All improvements shown on any site plan shall have been installed
on the premises in question before any certificate of occupancy shall
be issued.
F.Â
Fees. A fee, as specified in Article VII of this chapter, for any zoning permit, construction permit, sign permit or certificate of occupancy shall be paid to the Township of White at the time application is made therefor.
G.Â
Terms and conditions. A certificate of occupancy or zoning permit
shall specify the use of the land, building or buildings, as the case
may be, and any terms or conditions imposed thereunder. Any change
in use shall be treated as a new use, and a new certificate of occupancy
or zoning permit shall be issued for any such change in use, and all
provisions of this chapter shall be complied with in the same manner
as if the new use were an initial use of land or a new structure or
building.
H.Â
Records. It shall be the duty of the Construction Official to keep records of all applications for construction permits or certificates of occupancy and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. He shall be responsible for the filing and safekeeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Township of White. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law. A fee as specified in Article VII of this chapter shall be charged for each copy.
I.Â
Violations. The use or occupancy of land or buildings prior to securing
a zoning permit, construction permit or a certificate of occupancy,
as the case may be, when one is required, shall be a direct violation
of this chapter and shall subject the violator or violators to the
penalties hereinafter prescribed.