[Amended 5-21-1991 by Ord. No. 884; 2-17-2015 by Ord. No. 1418]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
B. Nonconforming uses run with the land, which means that the property
owner's rights do not terminate upon change of ownership.
C. Nonconforming uses may not be enlarged or intensified without a variance,
except where the change is negligible. Nonconforming uses may be restored
or repaired only in the event of partial destruction, but may not
be continued if the destruction, whether voluntary or involuntary,
exceeds partial destruction.
D. Nonconforming uses may not be changed to another use unless the proposed
change in use is substantially similar to the existing use.
E. A nonconforming use may not be continued where an abandonment of
such use occurs. Abandonment requires the concurrence of two factors:
(1) An overt act or failure to act which implies that the owner neither
claims nor retains any interest in continuing the nonconforming use;
and
[Amended 2-17-2015 by Ord. No. 1418]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
B. Nonconforming structures run with the land, which means that the
property owner's rights do not terminate upon change of ownership.
C. Nonconforming structures may not be enlarged or intensified without
a variance, except where the change is negligible. Nonconforming structures
may be restored or repaired only in the event of partial destruction,
but may not be continued if the destruction, whether voluntary or
involuntary, exceeds partial destruction.
Family day-care homes in all residential zones
shall be subject to the following requirements:
A. No change shall be permitted to the exterior of the
home for the purpose of accommodating day-care use. However, the exterior
of any new residential structure used as a home-based care center
shall be architecturally designed as a residential unit compatible
with the types of existing units or those yet to be located in the
neighborhood.
B. The applicant shall be required to submit proof that
the use is in harmony with the character of the neighborhood with
consideration to population density, design, scale and bulk of any
structures and that no adverse impacts will be created.
C. A minimum of 30 square feet of usable activity indoor
floor space for each child is required. Areas for administrative use,
bathrooms, hallways, storage and kitchen areas, basements or attics
shall not be included in this calculation.
D. A minimum of 75 square feet of outdoor play area per
child is required on the residential lot. The area shall be well drained,
completely fenced and not include driveways, parking areas or land
otherwise unsuitable for outdoor play areas. Outdoor play areas shall
also be readily accessible and free from hazardous conditions.
E. All outdoor play areas shall be screened from adjacent
properties by a fence or wall at least six feet in height and screen
plantings within a fifteen-foot setback area along all property lines.
Outdoor areas located near or adjacent to hazardous areas determined
by the Planning Board to be unsafe, including but not limited to streets,
roads, driveways, parking lots, railroad tracks, swimming pools, streams,
steep grades, open pits, high-voltage lines or propane gas tanks,
shall be fenced or otherwise protected by a natural or man-made barrier
or enclosure.
F. No outdoor play area shall be located in the front
yard.
G. Family day-care centers must restrict their hours
of operation to between 6:30 a.m. and 9:00 p.m. No outdoor play areas
shall be used before 9:00 a.m. or after 8:00 p.m. There shall be no
overnight care.
H. Any site lighting shall not reflect over the property
line of the premises.
I. No signage shall be permitted for home-based care
centers other than one unlighted nameplate of not more than one square
foot attached to the home.
J. Adequate parking and loading/unloading areas shall
be determined by the Planning Board during site plan review of the
center.
K. There shall be no detrimental impacts to the use,
peaceful enjoyment, economic value or development of the surrounding
properties or neighborhoods.
L. The home in which the use is located shall be the
principal residence of the applicant.
M. No commercial vehicle shall be kept on the premises
in connection with a family day-care home occupation.
N. No goods, chattels, materials, supplies or items of
any kind shall be delivered either to or from the premises in connection
with a family day-care center except in passenger automobiles owned
by the resident and kept on the premises.
O. Family day-care use of the dwelling unit shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants.
P. There shall be no nuisance element detectable beyond
the principal structure in connection with the family day-care center.
Q. Family day-care shall be approved by the New Jersey
Division of Youth and Family Services.
Child-care centers shall be permitted as an
accessory use in all nonresidential zones. In these zones accessory
child-care centers shall be permitted within churches or other places
of worship, public schools, private schools, shopping centers, community
and public buildings and office buildings, subject to minor site plan
review and the following conditions:
A. The applicant shall provide substantial evidence that
there is a definite need for the child-care center in the requested
location and that the proposed child-care center will have no adverse
impact on surrounding properties.
B. The child-care center shall have easy and direct access,
and the entrance and exits shall be located away from areas of heavy
vehicular and pedestrian traffic with limited contact with commercial
and/or office uses.
C. The hours of operation shall be limited to 7:00 a.m.
to 7:00 p.m.
D. The child-care center shall not create any objectionable
traffic conditions.
E. Parking areas, pedestrian walkways or other exterior
portions of the premises subject to use by child-care center occupants
at night shall be illuminated to provide safe entrance to and egress
from the center.
F. An outdoor play area shall be on the same lot as the
child-care center. The area shall be graded, well drained, completely
fenced and not include driveways, parking areas or land and uses otherwise
unsuitable. All outdoor play areas shall include sheltered play space.
G. No part of any outdoor play area may be situated in
the front yard.
H. Storage facilities for movable outdoor play equipment
shall be provided and such equipment shall be stored in these facilities
when not in use. In addition, outdoor play equipment shall be designed
to accommodate disabled children.
I. All outdoor play areas shall be screened from adjacent
properties by a fence or wall at least six feet in height and screen
plantings within a fifteen-foot setback area along all property lines.
Outdoor areas located near or adjacent to hazardous areas determined
by the Planning Board to be unsafe, including but not limited to streets,
roads, driveways, parking lots, railroad tracks, swimming pools, streams,
steep grades, open pits, high-voltage lines or propane gas tanks,
shall be fenced or otherwise protected by a natural or man-made barrier
or enclosure.
J. The child-care center may be identified only by signage
which is consistent with the overall sign design theme of the particular
development project in which the center is located.
K. Each child-care center shall be connected to public
sewer and water facilities.
L. The site shall be free from any hazards to the health,
safety or well-being of the children.
M. The child-care center, including any outdoor play
space provided, shall be so located and designed that there shall
be no objectionable impacts on adjacent or nearby properties due to
noise, activity, visual or other objectionable conditions. The Board
may require such special treatment in the way of design, screening
or buildings, planting and parking areas, signs or other requirements
as it shall deem necessary to protect adjacent and nearby properties.
N. All child-care centers must either be licensed by
or meet the requirements of the New Jersey Department of Human Services.
Except for portable swimming pools which have
a depth at any point of less than 15 inches or a capacity of 300 gallons
or less, the following regulations shall apply to permanent and portable
swimming pools, tennis courts and similar recreational facilities
that are accessory to a residential use:
A. Said use shall be located on the same lot as the principal
structure.
B. Said use shall comply with the minimum yard requirements
for principal structures.
C. Said use shall be appropriately screened and fenced
to minimize adverse impact on adjoining properties.
D. A swimming pool shall be a permitted accessory use,
and no swimming shall be permitted unless it complies with the requirements
of this chapter.
E. No existing or hereafter constructed swimming pool
shall be located on a lot unless there is an occupied residence on
such lot.
[Amended 4-21-2009 by Ord. No. 1306]
F. No swimming pool shall be hereafter constructed, installed,
relocated or reconstructed unless the pool itself and any apron, accessory
building, structure and equipment are all located at least 10 feet
from all property lines and at least 30 feet from the property line
of any street bordering the property in question. Swimming pools are
prohibited in front and side yards.
G. Tennis courts may use a hurricane-type fence around
the court area. The maximum height shall be six feet along the property
line and an additional one foot in height for every additional one
foot set back from the property line, not to exceed 10 feet.
H. Tennis court drainage shall be reviewed and approved
by the Borough Engineer.
No more than one commercial vehicle with a gross
vehicle weight of less than 10,000 pounds may be parked, stored or
garaged at any dwelling unit or on any public street within the residence
zones of the Borough.
In the development and execution of these provisions,
it is recognized that there are some uses, which because of their
very nature, are recognized as having serious objectionable operational
characteristics, particularly when several of them are concentrated
under circumstances having a deleterious effect upon the adjacent
areas. Special regulation of these uses is necessary to ensure that
these adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhood.
A. Adult bookstores, adult motion-picture theaters and
massage parlors are hereby deemed to be regulated uses.
B. No regulated use may be located within 1,000 feet
of any other regulated uses nor within 1,000 feet of a residentially
zoned area.
C. Any person, firm or corporation or other party violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties prescribed by §
450-171. Each and every violation of and nonconformance with this section or each day that any provision of this section shall have been violated shall be construed as a separate and distinct violation thereof.
[Amended 10-19-2004 by Ord. No. 1181]