Article XII Zoning

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.

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.

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.

Any applicant for a certificate shall have the burden of proof.

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.

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.

Alteration, extension or enlargement of nonconforming uses or structures. Nonconforming uses or structures in all zone districts shall conform to the following requirements:

Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.

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.

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.

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.

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.

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)

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.

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.

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.

§ 160-86 Signs.

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.

Sign area measurement. See definition of sign area in § 160-4.

[Amended 6-28-2018 by Ord. No. 2018-03]

General sign provisions.

No sign shall be placed as to interfere with or be mistaken for a traffic light, emergency vehicle signal or similar safety device.

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]

No sign as permitted shall extend or project above the highest elevation of the wall to which it is attached.

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]

Temporary signs.

(a)

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)

Signs for the sale of seasonally produced agricultural crops may be permitted under the following conditions:

[Added 12-29-1997]

[1]

Crops sold shall be grown on White Township farms.

[2]

A seasonal sign shall not be displayed for more than six months.

[3]

The sign must be removed for a period of at least six months following the initial six-month period of use.

[4]

The sign shall not exceed 32 square feet in size.

[5]

No sign shall be located so as to cause a hazard to the traveling public.

No sign shall have any moving or revolving parts or be illuminated with flashing, revolving or intermittent lighting.

(7)

Real estate signs other than "sold" signs are permitted in all zones, provided that each complies with all of the following requirements:

(a)

It is nonilluminated.

(b)

It must pertain only to the lease, rent, future use or sale of the premises upon which it is placed.

(c)

It shall not exceed 12 square feet in area.

(d)

It shall be removed within seven days after the consummation of lease, rent or sale transaction.

(8)

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)

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.

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]

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.

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.

Nonresidential zones and limited business permitted as part of an ARC development in the R-1B Zone.

[Amended 12-1-1989; 12-29-1997]

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.

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.

The maximum area of such sign shall not exceed 32 square feet.

Signs may be illuminated in compliance with the provisions of § 160-86C(2).

Freestanding signs.

[Amended 7-12-1985; 12-29-1997]

One freestanding sign for each street frontage shall be permitted.

No sign shall exceed 20 feet in height.

Any freestanding sign shall be set back not less than 15 feet from any property line.

A freestanding sign shall have an area of not more than one square foot for each linear foot of setback from the street pavement.

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.

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)

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.

(a)

Directional signs shall be not more than six square feet in size.

(b)

Not less than 1/2 the sign face may be utilized for directional purposes.

(8)

The maximum area of any freestanding sign shall be 64 square feet.

(9)

No freestanding sign shall have more than two faces. Any such sign shall not include an interior angle of more than 45°.

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:

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.

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.

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.

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.

§ 160-87 Construction permits and certificates of occupancy.

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.

Construction permits and plans.

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]

[1]

Editor's Note: See Ch. 110, Construction Codes, Uniform.

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]

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.

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.

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.

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.

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.

Prerequisites for the issuance of certificates of occupancy.

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.