[1997 Code § 224-106]
In order to protect the general health, safety and welfare of
Absecon City residents and in recognition of the high density of development
of the City, the following regulations shall apply.
[1997 Code § 224-107; Ord. No. 11-2009 § 224-107]
A. The following uses are prohibited in all districts:
(1)
Automotive Salvage Yards. Outdoor salvage of wrecked automobiles
or parts thereof for more than 60 days.
(2)
Buses, 25 feet or less in length, travel trailers, mobile homes,
boat trailers, campers, house trailers or self-propelled recreational
vehicles, hereinafter referred to as Permitted Vehicles, stored at
private residences must be in the side or rear yards or in the driveway
and no closer than three feet from all rear and side property lines.
The Permitted Vehicles stored at private residences must be owned
by individuals who reside at the private residence. None of the aforementioned
Permitted Vehicles shall be used for occupancy at any time while parked
pursuant to this chapter, nor shall they be hooked up to any utility
service. No such Permitted Vehicles shall be stored in the common
parking area of apartments, high-rises or townhouses. No such Permitted
Vehicles may be stored so as to block any sidewalk or obstruct the
ability of others to see oncoming traffic, thereby creating a hazard.
[Ord. No. 11-2009]
(3)
Boats occupied for more than 48 hours, and in no case shall
they be hooked up to a permanent utility service.
(4)
Sanitary landfills or other similar waste disposal areas.
(5)
The use of any mobile home, travel trailer, tractor-trailer
or similar mobile unit for the sale of goods therefrom while parked
for any period of time adjacent to any building or the use of any
mobile unit for storage purposes for a period in excess of one week
while parked adjacent to any building.
(6)
Any use which includes the storage of gasoline or other petroleum
product not permitted in any other section of this chapter.
(7)
Any use which includes the manufacturing of acid, cement, lime,
gypsum or plaster of paris.
(8)
Any use which includes the manufacture or storage of explosives,
fat, fertilizer, gas, glue, PCB, asbestos or vinyl chloride or the
reduction of garbage, offal or dead animals.
(9)
Any use which involves the smelting of tin, copper, zinc or
iron ores.
(10)
Any uses which by reason of emission of odor, dust, gas, smoke
or noise is detrimental to the health, safety or general welfare of
the community.
(11)
Any use which creates vibration or glare that goes beyond property
lines.
(12)
Storage of combustible materials for other than on-site use
and/or refining of combustible materials.
(13)
Campgrounds or campsites.
(14)
Buses over 25 feet in length stored at private residences must
be in the side or rear yards and no closer than three feet from all
rear and side property lines. Buses over 25 feet in length stored
at private residences must be owned by individuals who reside at the
private residence. Buses over 25 feet shall not be used for occupancy
at any time while parked pursuant to this chapter, nor shall they
be hooked up to any utility service. Buses over 25 feet shall not
be stored in the common parking area of apartments, high-rises or
townhouses. Buses over 25 feet shall not be stored so as to block
any sidewalk or obstruct the ability of others to see oncoming traffic,
thereby creating a hazard.
[Ord. No. 11-2009]
B. The prohibited uses outlined in this section are enforceable to all sections of this chapter and carry the penalties outlined in Article
XXV of this chapter.
[1997 Code § 224-108; Ord. No. 10-2004]
The otherwise lawful use of a building or land existing at the
time of the adoption of this chapter may be continued although such
use does not conform to the provisions of this chapter, provided that:
A. Such use shall not be extended or enlarged without conforming to
all regulations of the district in which it is located.
(1)
Exception: An existing single-family dwelling on a lot with
pre-existing nonconforming lot area, lot width or lot depth may be
expended provided the proposed building expansion does not increase
the pre-existing nonconforming setbacks and provided that the proposed
building expansion conforms to the required building setbacks, building
and site coverage requirements and height requirements of the district.
[Ord. No. 10-2004]
B. The existence of a nonconforming use on a part of a lot or tract
shall not be construed to establish a nonconforming use on the entire
tract or lot.
C. Whenever a nonconforming use is discontinued or changed to a conforming
use it shall not thereafter be changed back to a nonconforming use.
D. Whenever a nonconforming structure has been damaged by fire or other
causes to the extent of 75% of its market value as determined by the
Construction Official, it shall be rebuilt or repaired in conformity
with the regulations of the district in which it is located.
E. If a nonconforming use or structure ceases operations for a period
of more than one year, such use will be considered abandoned, and
any subsequent use shall conform to the regulations of the district
in which it is located.
[1997 Code § 224-109]
If the Construction Official, upon inspection, determines that
an unsafe condition exists with respect to building soundness, fence
or wall soundness or sign soundness, he shall notify the owner of
his findings and state his reasons and order the condition repaired
or, in the case of signs and fences, removed within a reasonable time
period.