A.
The following provisions shall apply to uses and structures which
lawfully existed prior to the adoption of the zoning regulations or
any amendment thereof but which do not presently conform to this article:
(1)
Continuation permitted. Any nonconforming use or structure which lawfully existed at the time of adoption of this chapter or any amendment thereto may be continued upon the lot or in the structure so occupied. Any such nonconforming structure may be restored or repaired in the event of partial destruction thereof, as provided in Subsection A(5) below.
(2)
Subdivisions involving same. No lot containing a nonconforming
use shall be subdivided so as to reduce the lot area of such lot.
No lot containing a nonconforming structure shall be subdivided so
as to increase the degree or extent of the nonconforming condition.
(3)
Expansions or alterations. The following provisions shall apply
to the expansion or alteration of nonconforming structures or uses:
(a)
Any nonconforming use or structure which is nonconforming because
of use shall not be enlarged, extended or structurally altered in
any manner whatsoever.
(b)
No nonconforming structure may be altered if the alteration
would increase the degree or extent of the nonconforming condition
or would create any condition on the property that would not be in
conformance with this chapter.
(c)
A nonconforming use or structure changed or altered to a conforming
use or structure may not thereafter be changed back to a nonconforming
use or structure.
(d)
A nonconforming use or structure shall not be changed or altered
to diminish the nature, degree or extent of the nonconforming condition
in one location while simultaneously increasing the nature, degree
or extent of the nonconforming condition in another location on the
property.
(4)
Abandonment of nonconforming uses. Notwithstanding the provisions of Subsection A(1) above, in the event that there shall be an abandonment of any nonconforming use, such use shall not be permitted to continue. For purposes of administering this chapter, a nonconforming use shall be presumed to be abandoned if such use shall have ceased to operate for a period of 18 consecutive calendar months, absent showing by the property owner, and a finding by the Zoning Board of Adjustment, that the use has not been abandoned, notwithstanding the cessation of operation.
(5)
Restoration or repairs. Nothing in this section shall prevent
restoration or continuance of a nonconforming building or structure
which is partially destroyed by fire, explosion, act of God, or of
any public enemy, or the like. "Partial destruction" shall be defined
as any destruction of less than 50% of the area or volume, whichever
is more restrictive, of the whole building or structure at the time
of the partial destruction. If, however, any such building or structure
shall be destroyed in excess of 50% of the area or volume of the whole
building or structure at the time of such destruction, then after
any permitted reconstruction, the same may be used only in such manner
as to conform to all the requirements, terms and conditions of this
chapter.
B.
The following provisions shall apply to any lot which lawfully existed
at the time of the adoption of the zoning regulations or any amendment
thereto but which presently does not conform to the zoning requirements
for lot area, lot width, lot frontage, or lot location:
(1)
Such lots may be used for any use permitted in the district
in which it is located, subject to the following requirements:
(a)
At the time of and since the adoption of the zoning regulation
making such lot nonconforming, the owner of the lot shall not have
owned any adjoining property, or the lot must be part of a recorded
subdivision approved by the Planning Board or the Zoning Board of
Adjustment; and
(b)
All other applicable zoning regulations besides lot area, lot
width, lot frontage or lot location must be complied with.
(2)
Such lots shall not be subdivided so as to increase the degree
or extent of any nonconforming lot condition or so as to prevent compliance
with this chapter by any reasonable future development on the property.
C.
The 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 the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof. Application pursuant hereto may be made
to the administrative officer within one year of the adoption of the
ordinance which rendered the use or structure nonconforming or at
any time to the Zoning Board of Adjustment. The administrative officer
shall be entitled to demand and receive for such certificate issued
by him a reasonable fee not in excess of those provided in N.J.S.A.
54:5-14 and 54:5-15. The fees collected by the official shall be paid
by him to the municipality. Denial by the administrative officer shall
be appealable to the Zoning Board of Adjustment. N.J.S.A. 40:55D-72
to 40:55D-75 shall apply to applications or appeals to the Zoning
Board of Adjustment.
Nothing herein contained shall be interpreted to limit or restrict
the height of a church spire, radio or wireless station, belfry, appurtenant
structure, clock tower, chimney flue, water tank, elevator bulkhead,
stage tower, scenery loft or similar structure.
In all districts, building setback lines established for certain streets by this chapter in § 315-240 or by special act of City Council or the Planning Board incident to site plan approval shall have precedence over the setbacks established in Articles XIII to XXI, § 315-86 et seq.
A.
Front yards.
(1)
In all districts: When a building extends through from street
to street, the front yard restrictions shall be observed on both streets.
(2)
In all districts: When over 50% of structures on a block are
set back a uniform distance from the street, the front yard setback
for new construction shall be consistent with the majority of existing
structures on the street.
(3)
In Residence A Districts. In no case shall a building be placed
more than 20 feet back of the front main wall of the nearest building
existing within 200 feet thereof. In the case of a corner lot, any
building other than a detached garage or other outbuilding may be
placed within 16 feet of the side property line.
(4)
In Residence B-1, B-2 and B Districts. In no case shall a building
be placed more than 20 feet back of the front main wall of the nearest
building existing within 200 feet thereof. In the case of a corner
lot, any building other than a detached garage or other outbuilding
may be placed within 14 feet of the side property line.
(5)
Residential lots on steep slopes. Where the topography is such
that access to a private garage built behind a front building setback
line, as required by this chapter, is impracticable, it shall be permissible
to place such a building, not exceeding one story in height, within
the front yard space, provided that no part of the structure extends
above the first level of a dwelling on an adjoining premises and within
100 feet thereof, or, if no such dwelling exists within such specified
distance, no part of the structure extends more than four feet above
the mean ground level of the lot on which it is to be erected, at
the established building setback line, and no part of the structure
extends nearer to the street property line than six feet.
(7)
Fire escapes. Fire escapes are not permitted in front yards.
(8)
Open balconies. Open balconies, not covered by a roof or canopy,
which extend above the level of the first floor of the building may
be erected to project into front yards, provided that such structures
are not more than 30 inches in depth.
(9)
Porches, platforms or landing places. Open structures, such as steps, platforms, paved terraces or landing places, which do not extend above the level of the first floor of the building, having no wall more than 30 inches high, may project into a required front yard for a distance not exceeding eight feet, or in accordance with established same side of street front yard setbacks for such projections. When the front yard setback for a building is zero feet, such open structures may encroach on the public right-of-way for a distance as specified in Chapter 42, Building Construction, of the City Code.
(10)
Awnings; movable canopies. Except as regulated elsewhere, an
awning or movable canopy may project into a required front yard not
more than eight feet. No awning or canopy shall be less than eight
feet above the ground level.
(11)
Bay or bow window. A bay or bow window may project into a required
front yard not more than 30 inches.
(12)
Hanging of laundry. The hanging of or drying laundry is not
permitted in front yards.
B.
Side yards.
(1)
Architectural features. Architectural features may project into
a required side yard a distance not greater than the following:
(2)
Fire escapes. An open or lattice-enclosed, fireproof, outside
fire escape may project not more than five feet into a required side
yard.
(3)
Open balconies. Open balconies, not covered by a roof or canopy,
which extend above the level of the first floor of the building may
be erected to project into side yards not more than 30 inches.
(4)
Movable awnings and canopies. A movable awning or canopy may
project into a required side yard not more than five feet.
(5)
Bay or bow window. A bay or bow window may project into a required
side yard not more than 30 inches.
C.
Rear yards.
(2)
Fire escapes. An open or lattice-enclosed, fireproof, outside
fire escape may project not more than eight feet into a required rear
yard.
(3)
Open balconies. Open balconies, not covered by a roof or canopy,
which extend above the level of the first floor of the building may
be erected to project into rear yards not more than 30 inches.
(4)
Steps, platforms, decks, paved terraces or landing places. Open
structures, such as steps, platforms, paved terraces or landing places,
which do not extend above the level of the first floor of the building,
having no wall more than 30 inches high, may project into a required
rear yard for a distance not exceeding 20 feet.
(5)
Awnings and movable canopies. An awning or movable canopy may
project into a required rear yard not more than 30 inches.
(6)
Bay or bow windows. A bay or bow window may project into a required
rear yard not more than 30 inches.
A.
In Residential A and B-1 Zones, no greenhouse, storage shed, private
garage or other outbuilding shall be placed closer to a side or rear
property line than three feet, or one foot in the case of a property
abutting an alley. If the building is of frame construction, the distance
shall be increased to six feet. For each foot the height of such a
building exceeds 15 feet, the offset from the side and rear property
lines shall be increased by six inches. No detached garage or other
outbuilding shall be placed closer to a front street property line
than a distance equal to 1/2 the width of the lot, up to a distance
that need not exceed 50 feet. The above, however, shall not prevent
the construction of a garage as a structural part of a dwelling, and
a one-story garage so constructed may extend into a rear yard for
the entire width or depth of the structure.
B.
In Residential B and MU Zones, the requirements for greenhouses, storage sheds, private garages or other outbuildings shall be the same as for Residential A and B-1 Zones, as specified in Subsection A above, except:
(1)
It shall be permissible to build a joint garage on adjoining
lots.
(2)
An attached garage may extend into a required side yard for
a distance not exceeding four feet, provided that it has no window
opening or openings at the side, does not exceed one story or 14 feet
in height, and does not extend nearer to a side lot line than six
feet.
C.
No garage or other outbuilding shall be used for dwelling purposes,
except by a person or persons employed on the premises and when no
part of the building is closer to a side or rear property line than
20 feet, and only when the structure satisfies all other applicable
City codes and ordinances.
D.
No portable metal accessory building may be located closer than one
foot from a side or rear property line, provided that the one-foot
area is covered with a concrete weather-resistant covering or similar
material to prevent water from entering into any adjoining property
and the accumulation of debris. The structure shall be properly anchored
to a permanent solid base to prevent upheaval by wind force.
E.
Metal accessory buildings shall not exceed seven feet in width, 10
feet in length and eight feet in height. No metal accessory structure
shall be located closer than three feet to any habitable structure
on the same lot or any adjoining lot.
F.
A carport may not be erected closer than one foot from a side or
rear property line. No detached carport shall be located closer than
three feet from any habitable structure on the same lot or any adjoining
lot. A carport shall in no case exceed 12 feet in width for one car,
or 22 feet in width for two cars in the rear yard, 22 feet in length
and 15 feet in height.
A.
Business vehicles. Vehicles which are used for business purposes
may not be parked on any private property between the hours of 8:00
p.m. and 6:00 a.m., except in enclosed garages or behind the front
building line.
C.
Boats. Except for canoes and boats of under 20 feet in length, boats
shall not be stored in the open for over one week, except within the
rear yard at least three feet in distance from any adjoining property
line.
D.
Trucks. To restrict and prohibit the parking of trucks, truck-tractors,
step vans, trailers and buses of registered gross vehicle weight in
excess of 8,000 pounds, or having more than four tiers, in residential
districts between the hours of 8:00 p.m. and 6:00 a.m., the following
shall apply:
(1)
No person shall park or store any truck, truck-tractor, step
van, trailer or bus having a motor vehicle registration weight in
excess of 8,000 pounds gross weight, according to the registration
requirements of the Division of Motor Vehicles of the State of New
Jersey, according to the manufacture's design specifications or the
registration requirements of the state of registration, or having
more than four tires, on any street or on any portion of any property
situated within a residential zone, unless fully enclosed in a garage
or parked on an improved parking surface so that all parts of the
vehicle are parked behind the front building line of an existing building
or, in the absence of an existing building, behind the front building
line of the adjacent structure, at any time between 8:00 p.m. on any
day and 6:00 a.m. on the following day, except when necessary to the
performance of any service or to meet any temporary need, in which
case the owner or operator of the vehicle shall promptly notify the
Police Department of the need for such parking and shall display a
legible notice behind the windshield of the vehicle indicating the
address of the property which is being serviced by the vehicle.
(2)
The foregoing restrictions shall not be construed to apply to
vehicles which are designed and used primarily as recreation vehicles.
No automobile trailer or recreational vehicle shall be stored
in the open for over one week, except within the rear yard, at least
three feet from any adjoining property line.
All fences or walls shall have a finished side facing the street
or neighboring property owners. No barbed or razor-edge wire or electrified
fencing shall be permitted on or attached to a building, except on
a part of a building facing the rear yard of a site located in an
industrial zone. No barbed or razor-edge wire or electrified fencing
shall be visible from the street.
A.
In Residential Districts A and B-1:
(1)
A fence or masonry wall of not more than six feet in height
is permitted along the rear lot line and along the side lot line from
the rear lot line to the front building line.
(2)
No fence or masonry wall shall be permitted along the side lot
line from the front building line to the front lot line and along
the front lot line. A corner lot has two front yards.
(3)
No barbed or razor-edge wire, electrified fence or similar material
shall be permitted to be used.
B.
In Residential District B and B-2, Business District BB and MU Mixed
Use District:
(1)
A fence or masonry wall of not more than six feet in height
is permitted along the rear lot line and along the side lot line from
the rear lot line to the front building line.
(2)
A fence or masonry wall of not more than four feet in height
is permitted along the side lot line from the front building line
to the front lot line and along the front lot line. A corner lot has
two front yards.
(3)
No barbed or razor-edge wire, electrified fence or similar material
shall be permitted to be used.
C.
In Business District BA and the Downtown District (DD):
(1)
Permitted fences and walls along front and side yards shall
include a maximum fifty-percent opaque wall, six feet high, made of
vertical metal posts with a base no higher than two feet and piers
of brick or stucco, or a wall, a maximum of four feet high, made of
brick, cast stone, stone, terra cotta or stucco. No barbed or razor-edge
wire, electrified fence or similar material shall be permitted to
be used.
(2)
Rear yard fences may also be constructed using cyclone fences
at a maximum height of six feet. No barbed or razor-edge wire, electrified
fence or similar material shall be permitted to be used.
D.
In Industrial Districts A and B: A fence or masonry wall of not more
than 10 feet in height shall be permitted along the front lot line
and along the side and rear lot lines. Barbed wire, not to exceed
1 1/2 feet in height, shall be permitted to be used on a fence
or wall at a height of nine or 10 feet. No razor-edge, electrified
wire or similar material shall be permitted.
A.
Temporary permits may be authorized by the Zoning Board of Adjustment
for a period not to exceed one year for nonconforming uses incident
to housing and construction projects, and including such structures
and uses as storage of building materials and machinery, the processing
of building materials, and a real estate office located on the tract
being offered for sale, provided that such permits are issued only
upon agreement by the owner to remove the structure or structures
upon expiration of permit. Such permits are renewable annually, for
a period not to exceed three years.
B.
Temporary permits shall be issued by the Planning Board if the use
is part of a site plan.
A.
Private residential swimming pools shall be located in rear yards
only and shall conform to required side and rear setbacks. No setback
shall be less than six feet in Residential A and B-1 Districts and
three feet in Residential B and MU Districts. Pools shall be surrounded
by a fence at least four feet, but no more than six feet, in height.
B.
In Residential B and MU Districts, aboveground pools shall be a minimum
of two feet from the property line.
Tennis courts shall be located in rear yards only and may be
surrounded by a fence a maximum of 12 feet in height. Such fence shall
be set back from any lot line by at least six feet.
Unless greater building setbacks are established by other sections
of this chapter or by the City Council, the building setbacks for
certain streets and sections of streets shall be as follows, except
that this shall not require placing a building more than 10 feet back
of the front main wall of an adjoining building already existing within
50 feet of and on the same side of the street with the building to
be erected.
|
Street
|
Location
|
Building Setback From Center Line
(feet)
|
Right-of-Way Existing Width
(feet)
|
Right-of-Way Ultimate Width
(feet)
|
|---|---|---|---|---|
|
Bellevue Avenue
|
Calhoun Street to North Willow Street
|
30
|
50
|
60
|
|
Chambers Street
|
Greenwood Avenue to East State Street
|
30
|
50
|
60
|
|
Chauncey Street
|
North Willow Street to North Warren Street
|
25
|
30
|
50
|
|
Clinton Avenue
|
North East State Street to Nottingham Way
|
40
|
60
|
70
|
|
Clinton Avenue
|
South East State Street to Dye Street
|
35
|
50 and 60
|
70
|
|
Greenwood Avenue
|
Railroad to east City line
|
60
|
66
|
80
|
|
Hamilton Avenue
|
East Canal Street to South Broad Street
|
33
|
60
|
66
|
|
Ingham Avenue
|
Burton Avenue to Parkway Avenue
|
30
|
50
|
60
|
|
John Fitch Way
|
Entire length
|
55
|
70 and 80
|
70 and 80
|
|
Liberty Street
|
Chamber Street to Lalor Street
|
40
|
50
|
60
|
|
Montgomery Street
|
North East Hanover Street to Holland Avenue
|
25
|
40 and 45
|
50
|
|
Nottingham Way
|
Mulberry Street to City limit
|
40
|
50
|
70
|
|
Parkside Avenue
|
Stuyvesant Avenue to Parkway Avenue
|
50
|
50 and 60
| |
|
Parkway Avenue
|
Pennington Avenue to Hillcrest Avenue
|
45
|
50
|
70
|
|
Perry Street
|
North Clinton Avenue to Penna. RR Branch
|
45
|
66
|
74
|
|
Perry Street
|
Penna. RR Branch to North Warren Street
|
37
|
66
|
74
|
|
Southard Street
|
Jefferson Street to Brunswick Avenue
|
35
|
50 and 60
|
60
|
|
Spring Street
|
Prospect Street to North Willow Street
|
37
|
66
|
74
|
|
State Street
|
East Armory Drive to Stockton Street
|
33
|
56
|
66
|
|
State Street
|
East Stockton Street to Montgomery Street
|
30
|
56 and 57
|
60
|
|
State Street
|
West Richey Place to Calhoun Street
|
55
|
60
|
76
|
|
Stockton Street
|
North East State Street to Academy Street
|
33
|
50
|
66
|
|
Stockton Street
|
South East State Street to Market Street
|
33
|
50 and 54
|
66
|
|
Sullivan Way
|
Sanhican Drive to Penna. RR
|
55
|
50
|
66
|
|
Sullivan Way
|
Penna. RR to City limits
|
65
|
50
|
66
|
|
Sylvester Avenue
|
New York Avenue to Brunswick Avenue
|
45
|
50
|
60
|
|
Willow Street
|
North Spring to Pennington Avenue
|
37
|
74
|
Where authorized elsewhere in this chapter, family day-care
homes may be conducted in a private dwelling unit subject to the following:
A.
No more than five children, up to the age of six years, may be cared
for in the dwelling units.
B.
A private residence in which three to five children, not counting
children legally related to the caregiver or where there is no payment
for the care, are provided with child-care services for 15 or more
hours per week on a regular basis qualifies if approved by the New
Jersey Division of Youth and Family Services or an organization with
which the Division contracts for family day care.
C.
No changes that would require a building permit shall be made to
the interior or exterior of the dwelling unit for the purposes of
this use.
D.
The dwelling unit shall have hard-wired smoke detectors.
E.
No advertising is permitted on the premises.
A.
Screening and fencing.
(1)
Opaque fencing, screens or buffers no less than 10 feet high
shall be provided along all property lines. Fencing along any property
line of a junkyard or recycling center that abuts a public right-of-way,
except within industrially zoned areas, or abuts an existing residential,
institutional or public-serving commercial use, notwithstanding the
existing zoning classification affecting such use, shall be provided
in the form of an opaque wall with a finished or painted side facing
outwards, the materials and design of which shall be subject to approval
by the Planning Board at the time of application for site plan approval.
(2)
Fencing facing the public right-of-way shall be set back five
feet from the property line, and landscaping shall be provided for
the area between the property line and the fence.
(3)
Gates providing access to junkyards shall be a minimum of eight
feet high, shall be made of opaque materials and shall open such that
the doors do not infringe on the public right-of-way.
(4)
Opaque fencing shall not be required with respect to property
lines in industrial areas abutting other industrial uses.
B.
Site standards. Horizontal and vertical control points for all stockpile
areas containing processed or unprocessed materials shall be established
and maintained on all sites containing such areas, pursuant to the
following conditions:
(1)
Horizontal limit markers shall be set at the corners of all
stockpile areas shown on the approved site plan of the facility. The
outer edge of each stockpile, as delineated by the horizontal limit
marker, shall be no less than 15 feet from any property line abutting
a residential, institutional or public-serving commercial property.
(2)
At least two vertical limit markers shall be set at locations
in close proximity to each stockpile area, clearly establishing maximum
vertical limits for each stockpile area. The maximum height of stockpiles
shall be 20 feet above existing grade in facilities located in areas
zoned other than industrial or where the stockpile is within 50 feet
of a property line abutting a residential, institutional or public-serving
commercial property. The maximum height of other stockpiles shall
be 35 feet, except with respect to combustible or flammable materials,
where the maximum height shall be 20 feet.
(3)
Metal pipe or rods permanently set in place as approved by the
Department of Inspections shall be used to establish horizontal and
vertical control points. Where a stockpile is walled at any point
by an interior wall other than the wall marking the property line,
the wall can be used for a horizontal limit marker and/or the base
for a vertical limit marker.
(4)
All markers shall be shown on the approved site plan for the
facility. Within 30 days of final site plan approval, a site inspection
shall be held at the facility site in the presence of the owner and/or
operator of the facility and authorized representatives of the City
for the purpose of establishing the precise location of all markers.
(5)
Aisles, driveways and uniform passageways shall be provided
between stockpiles to permit access for fire-fighting operations,
including areas where stripped vehicle bodies are stored.
(6)
Storage of tires shall take place exclusively in enclosed containers
or structures and shall comply with all other state regulations with
respect to fire and mosquito control provisions.
(7)
The Planning Board may require that any crushing operations
be located in enclosed containers or structures or, in the alternative,
shall require the owner or operator to obtain and receive an air pollution
permit from the New Jersey Department of Environmental Protection.
C.
Other standards.
(1)
The Planning Board may require that certain interior driveways
within junkyards be paved in order to minimize tracking of mud and
debris and in order to facilitate proper drainage of the site.
(2)
All processed and unprocessed materials and residue shall be
stored in a manner which prevents runoff, leakage or seepage of any
waste or residue into, on or around the soil on which the storage
or stockpile is located. The design of all storage, stockpile and
disposal areas, and the methods established for prevention of runoff,
leakage and seepage, shall be subject to Planning Board review and
approval at the time of site plan application.
D.
Compliance. The provisions of § 315-242 herein shall not be enforceable against any junkyard or recycling center that shall establish to the satisfaction of the Zoning Officer that it has been in continuous operation as a junkyard or recycling center at its present location since July 20, 1955. All other facilities subject to the provisions of Subsection A herein shall be in compliance with the provisions thereof no later than July 1, 1996. For the purposes of this subsection, "compliance" shall mean submission of a site plan to the Planning Board meeting the requirements of this chapter, approval of such site plan with such modifications as the Planning Board may deem appropriate, and completion of all improvements set forth on the approved site plan.
