Borough of Allentown, NJ Zoning

To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals and general welfare;

To secure safety from fire, flood, panic and other natural and manmade disasters;

To provide adequate light, air and open space;

To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole;

To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;

To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;

To promote a desirable visual environment through creative development techniques and good civic design and arrangement;

To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State to prevent urban sprawl and degradation of the environment through improper use of land;

To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;

To encourage senior citizen community housing construction;

To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;

To promote utilization of renewable energy resources; and

To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.

§ 32-3 DEFINITIONS.

[1975 Code § 115-3; Ord. No. 015-78; Ord. No. 06-81; Ord. No. 13-97; Ord. No. 06-2000]

Certain Words and Phrases. The word "lot" includes the word "plot" or "premises"; the word "building" includes the word "structure" or "dwelling" or intended to be occupied;" the word "used" includes the words "arranged, designed or intended to be used"; the phrase "nonconforming use" includes "nonconforming lots or buildings."

Definitions. As defined in N.J.S.A. 40:55d, the Municipal Land Use Law and as defined in this section:

ACCESSORY BUILDING, STRUCTURE OR USE: Shall mean a building, use, or structure customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with the principal use or building.

ALTERATIONS: Shall mean, as applied to a building or a structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extension of a side or by increasing in height or by moving from one location or position to another. Such structural parts shall include but not be limited to bearing walls, supporting columns, beams or girders.

BILLBOARD: Shall mean any structure or portion thereof situated on private premises on which lettered or pictorial matter is displayed for advertising purposes other than those on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted thereon or the products primarily sold or manufactured.

BOARDING HOUSE: Shall mean any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or furnished rooming house shall be deemed a boarding house.

BUFFER STRIP: Shall mean a continuous strip of living trees and/or living shrubs not less than six feet in height densely planted so as to restrict a clear view beyond the strip.

BUILDING: Shall mean any structure having a roof supported by columns, piers or walls, including tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels or having other support and any unroofed platform, terrace or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.

BUILDING AREA: Shall mean the aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.

BUILDING, FRONT LINE: Shall mean the line of that face of the building nearest the street line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps. Also known as a "front setback line."

BUILDING, HEIGHT: Shall mean the vertical distance measured from the mean elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING LINES: Shall mean a line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING, PRINCIPAL: Shall mean a building in which is conducted the main or principal use of the lot on which the building is situated.

BUSINESS OFFICE: Shall mean a business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services such as barber and beauty shops and repair services, such as radio and television repair shops, are not to be included within the definition of business service.

BUSINESS: Shall mean the sale of or dealing in goods, wares and merchandise or property of any kind, either at wholesale or retail. The word "commercial" is used herein synonymously.

CELLAR: Shall mean a story partly underground and having less than 1/2 of its height above the average level of the finished grade at the front of the building. A cellar shall not be considered a story for the purposes of height measurement in determining the number of stories. The word "basement" is used herein synonymously.

CERTIFICATE OF OCCUPANCY: Shall mean a certificate issued by the zoning and/or construction officer, as appropriate, upon completion of construction, alteration or change in occupancy of a building. The certificate shall acknowledge compliance with all requirements of this chapter, such adjustments granted by the Board of Adjustment and all other applicable requirements.

CHURCH: Shall mean a building or group of buildings including customary accessory buildings designed or intended for public worship. For the purpose of this chapter, the word church shall include chapels, congregations, cathedrals, temples and similar designations as well as parish houses, convents and such accessory uses.

DWELLING: Shall mean a building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including single-family dwellings, two family dwellings and multi-family dwellings, but not hotels or motels.

DWELLING, MULTI-FAMILY: Shall mean a building designed for or occupied exclusively by three or more families living independently of each other.

DWELLING, SINGLE-FAMILY OR ONE FAMILY: Shall mean a detached building designed for or occupied exclusively by one family.

DWELLING, TWO-FAMILY: Shall mean a building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT: Shall mean one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

ESSENTIAL PUBLIC SERVICES: Shall mean the erection, construction, alteration or maintenance by public utilities, or municipal or other governmental agencies of underground or overhead gas, electric, telephone, cable television, water or sewage transmission or distribution systems, including buildings, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

FAMILY: Shall mean one or more persons, related by blood or marriage, occupying a dwelling and living as a single, nonprofit housekeeping unit.

FENCE: Shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured materials or combination of materials erected for the enclosure of yard areas.

FRONT YARD DEPTH: Shall mean the distance from the front property line to the building, exclusive of steps or open porch.

GARAGE, PRIVATE: Shall mean used as an accessory to the main building, which provides for the storage of not more than three motor vehicles and in which no storage, occupation, business or service is conducted for profit.

GARAGE, PUBLIC: Shall mean any garage other than a private garage available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GROSS HABITABLE FLOOR AREA: Shall mean the sum of the gross horizontal areas of the floor of a building which are enclosed and useable for human occupancy. The area shall be measured between the inside face of exterior walls or from the center line of walls separating two dwelling units. The areas shall not include area below the average level of the adjoining ground, garage space, porches, utility rooms or accessory building space.

HOME OFFICE: Shall mean that part of a residential dwelling used by a resident of that dwelling for the conduct of their employment which does not involve manufacturing or contact with the public at that residential dwelling.

HOME PROFESSIONAL OFFICE: Shall mean that part of a residential dwelling used by a resident of that dwelling for the conduct of a professional practice including but not limited to medical, dental, law, accounting or similar professions, which includes contact with the public at that residential dwelling.

IMPERVIOUS AREA: Shall mean portions of a lot or property covered by nonpermeable materials, including but not limited to buildings, driveways, parking areas, sidewalks, patios or decks, plazas, pools, unimproved parking areas, graveled areas and landscaping underlaid with plastic or other impervious material.

JUNKYARD: Shall mean any area or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. The storage or other use of temporarily disabled licensed vehicles in conjunction with a public garage shall not be considered a "junkyard."

LOADING AND UNLOADING SPACE: Shall mean an off-street area on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which has appropriate means of access.

LOT: Shall mean a parcel or area of land, the dimensions and extent of which are determined by the latest official records or by the latest approved map of a subdivision of which the lot is a part.

LOT AREA: Shall mean an area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

LOT, CORNER: Shall mean a parcel of land at the junction of and fronting on two or more intersecting streets.

LOT COVERAGE: Shall mean the percentage of the lot area which is devoted to building area.

LOT DEPTH: Shall mean a mean horizontal distance between the front and rear lot lines, measured at right angles to the street at two equidistant points on the front lot lines and in the general direction of the lot lines.

LOT LINE, FRONT: Shall mean the boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way, except that within a residential district, the front line of a corner lot shall be along the street or road on which it has the least frontage. When a corner lot shall have equal frontage on both streets or roads or shall have more than the required lot depth on both streets or roads, the owner may elect which street or road he desires to front on.

LOT LINE, REAR: Shall mean the boundary of a lot which is most distant from and is most nearly parallel to the front lot line.

LOT LINE, SIDE: Shall mean any boundary of a lot which is not a front lot line or a rear lot line.

LOT WIDTH: Shall mean the horizontal distance between the side lot lines measured at right angles to its depth and at a point which constitutes the rear line of the required front yard space. Lot width shall also mean frontage, except as modified by subsection 32-4.7d herein.

MANUFACTURING: Shall mean the treatment or processing of raw materials and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

MOTEL: Shall mean a series of 20 or more attached rental units, with individual entrances from the exterior of the building to each unit, operated as a single business for the purpose of providing lodging to transient guests.

MOTOR VEHICLE SERVICE STATION: Shall mean a building or use which is designed or intended to be used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing motor vehicles but shall not include a conveyor type car wash, auto laundry, automobile wrecking or automobile sales or body repair.

NONCONFORMING BUILDING: Shall mean a building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT: Shall mean a lot of record existing as of the date of this chapter which does not have the minimum depth, width or contain the minimum area for the zone in which it is located.

NONCONFORMING USE: Shall mean any use of land, buildings or structures which does not comply with all of the regulations of this chapter governing uses for the zone in which it is located.

OPEN SPACE: Shall mean an unoccupied space which is open to the sky on the same lot with a principal and/or accessory building.

OPEN GREEN AREA: Shall mean an open space unoccupied by buildings or streets in which improvements are limited to walkways, paths, living trees and other living landscape materials.

OPEN PORCH: Shall mean a roofed structure supported by columns or cantilevered but having no side walls which project beyond the main side walls of building.

PARKING SPACE: Shall mean an off-street space available for the parking of motor vehicles, which, in this chapter, shall be an area 10 feet wide and 18 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

PORTABLE SIGN: Shall mean any sign which by its design is meant to be or can be moved by hand, including but not limited to sandwich boards.

RESIDENTIAL DENSITY, GROSS: Shall mean the total number of dwelling units which may be or are developed on an area of land, before requirements for public access and required open space are provided.

RESIDENTIAL DENSITY, NET: Shall mean the resulting number of dwelling units which may be or are developed on a site or lot after public access and required open spaces are provided.

ROOM: Shall mean and include living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating, and dining areas in which one full wall opens into a usable room area shall be counted as 1/2 room. Baths shall not count as rooms.

SIGN: Shall mean any device, structure or object for visual communication that is used for the purpose of bringing the subject to the attention of others; but not including a flag, badge or insignia of any public, quasi-public, civic, charitable or religious groups.

SIGN, AREA: Shall mean the area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four sided (straight sides) geometric shape which most closely outlines the sign.

SIGN, IDENTIFICATION: Shall mean any sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.

SITE PLAN: Shall mean a plat of a lot on which is shown existing and proposed topography, all buildings, structures, utility improvements, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Board in unusual or special cases.

USE: Shall mean the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

YARD: Shall mean an open space on the same lot with a main building occupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

YARD, FRONT: Shall mean an open, unoccupied space on the same lot with a main building, extending the width of the lot and situated between the street line and the front line of the building projected to the side line of the lot, exclusive of steps or open porches.

YARD, REAR: Shall mean an open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the entire line of the alley if there is an alley, and rear line of the building.

YARD, SIDE: Shall mean the open space between a side line and the nearest building line and between the front and rear yards. The presence of eaves with an overhang of not more than three feet, rainwater leaders, windowsills and other fixtures, bay windows not exceeding four feet in depth and 12 feet in width, firebox, flue, chimney, side porch and steps not exceeding six feet in depth and eight feet in width shall not diminish the side yard width between the main building line and the side line of the lot.

ZONING OFFICER: Shall mean the officially established Zoning Officer of the Borough of Allentown or in his absence the Assistant Zoning Officer.

ZONING PERMIT: Shall mean a permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or to be located.

Definitions in Other Ordinances. Words and phrases not defined within this chapter shall be interpreted in accordance with the definitions contained in the land use procedures regulations or in the absence thereof, in accordance with the definitions contained in Chapter 291 of the Public Laws of New Jersey, 1975, and in the absence of a definition contained therein, in accordance with their common dictionary definitions applicable to the context in which they are used within this chapter.

§ 32-4 ZONING DISTRICTS AND ZONING MAP.

§ 32-4.1 District Classes.

[1975 Code § 115-4.1; Ord. No. 015-78]

For the purposes of this chapter, the Borough of Allentown is divided into the following classes of districts:

Residence District (R-40)

Residence District (R-60)

Residence District (R-85)

Multi-Family District (R-135)

Business District (BD)

§ 32-4.2 Zoning Map. [1]

[1975 Code § 115-4.2; Ord. No. 015-78; Ord. No. 13-95]

The districts or zones established in subsection 32-4.1 are bounded and defined as shown on the map entitled "Zoning Map of the Borough of Allentown, Monmouth County, New Jersey" which map is declared to be part of this chapter.

[1]

Editor's Note: The Zoning Map provided in 6 sheets and dated July 1997 was provided by the Borough for informational purposes and is included as an attachment to this chapter.

The Zoning Map provided in 6 sheets and dated July 1997 has been removed and replaced by the Zoning Map provided in 6 sheets as prepared by Hatch Mott and MacDonald. The map has been provided for informational purposes.

§ 32-4.3 Map Interpretation.

[1975 Code § 115-4.3; Ord. No. 015-78]

Where uncertainty exists with respect to any of the boundaries as shown on the Zoning Map, the following rules shall apply:

Where a boundary line is shown as approximately following the center line of a street or highway, a street line or highway right-of-way line, such center line of the street line or right-of-way line shall be construed to be the boundary.

Where a boundary line follows a stream, the boundary shall be deemed to be the center line of the stream. For any lake, pond, reservoir, river or other body of water, the regulations of the district in which they are located shall apply.

Where a boundary line is shown as approximately parallel to a street, highway, stream or railroad line, the boundary shall be construed as being parallel thereto and at such distance from the center line as dimensioned on the Zoning Map.

Where a boundary line divides a lot at the time the line is adopted, the regulations for the less restricted portion of the lot shall extend not more than 50 feet into the more restricted portion, provided that the lot has frontage only on the street in the least restricted zone.

§ 32-4.4 (Reserved)

§ 32-4.5 Applicability of Regulations.

[1975 Code § 115-4.5; Ord. No. 015-78; Ord. No. 13-97]

Except as hereinafter provided:

No building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations specified in this chapter for the district or zone in which it is located.

No building shall be erected or altered or exceed the height; accommodate or house a greater number of families; occupy a lesser amount of floor space; have narrower or smaller rear yards, front yards, side yards, inner or outer courts, than as specified in this chapter for the district or zone in which the building is located. However, such a nonconforming structure may be altered or enlarged so long as the use of the premise is permitted in the zoning district and any proposed addition is in conformance with the schedule of yards, height and any other zoning district requirements.

No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of the yard or other open space similarly required for another building.

§ 32-4.6 Provisions of Existing Ordinances.

[1975 Code § 115-4.6; Ord. No. 015-78]

The provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair and interfere with any existing provisions of the law or of any ordinance other than prior zoning ordinances or any rules, regulations or permits previously adopted or issued to which shall be adopted or issued pursuant to law relating to the use of buildings or premises. Any restrictions or requirements with respect to buildings or land or both which appear in other ordinances of the Borough, except existing zoning ordinances established by law and which are more restrictive than those set forth in this chapter shall take precedence over those herein.

It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this chapter imposes a greater restriction upon the use of a building or premises or upon the height of the building or requires larger yards, or other open spaces than is imposed or required by existing provisions of law or ordinances or by any rule, regulation or permit or by such easements, covenants or agreements, the provisions of this chapter shall control.

§ 32-4.7 Permitted Modifications and Exceptions.

[1975 Code § 115-4.7; Ord. No. 015-78; Ord. No. 13-97; No. 10-2000]

Undersize Lots of Record. Lots which are not of the required minimum area or width may be used for any purpose permitted in the zone in which they are located, if such lots were included in a subdivision plat previously approved provided that the final subdivision plat shall have been duly recorded in the office of the County Clerk within the time required by law.

Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy nor to chimneys, ventilators, skylights, essential public services, water tanks, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament and without windows, extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which the building exceeds the height limit herein established or such zone in which it is located and further provided that in no case shall any building have a height greater than 50 feet unless explicitly permitted by the schedule of this chapter.

Yards. Open fire escapes may not project more than five feet into any side or rear yard in a residential zone. A paved terrace at ground level shall not be considered in the determination of side or rear yard sizes or lot coverage provided, however, that the terrace is unroofed and without walls, parapets, or other forms of enclosure. No paved terrace shall be permitted closer than five feet to any side or rear property line.

Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot frontage specified in the schedule may be measured at the rear line of the required front yard, provided that the lot frontage measured at the street right of way shall not be less than 70% of the minimum lot width as specified in the schedule.

Yards. Structures must conform to the front yard requirements of the district except where principal structures located on one or both adjoining lots are closer to the street than the front yard requirement allow. To promote uniformity in setbacks in these situations, the following shall govern required front yard setbacks.

In the case of lot located between two existing structures, each located closer to the street than the district requirements allow, the average front yard dimension of the two adjacent structures shall be the required front yard dimension for the subject property.

If only one adjacent structure is closer to the street than the district's front yard requirements allow, the required front yard dimension (setback) shall be the average of:

(a)

That structure's front yard dimension; and

(b)

The front yard requirement of the district.

If the subject property is located at the intersection of two public streets, the required front yard dimension for each street may be calculated as described above except that the front yard dimensions for the two properties nearest the subject property along a particular street shall be used to calculate the required front yard dimension for that street. The two closest properties may both be to one side of the subject property or one may be located across the intersection.

Ramps and Other Structures to Accommodate the Disabled. Ramps, lifts and other structures installed to accommodate the disabled may project into front, side or rear yards, provided:

That they are installed as close as practical to the structure which they serve, in the sole opinion of the Zoning Officer.

That they are open structures and do not incorporate roofs or sidewalls, other than railings necessary for the safety of the user.

§ 32-4.8 Preservation of Natural Features.

[1975 Code § 115-4.8; Ord. No. 015-78]

No structure shall be built within 50 feet of the designated floodplain of any watercourse or on land which has an average water table within two feet of the ground surface.

No person shall strip, excavate, or otherwise remove top soil from any parcel of land, except as provided herein, or in conformance with an approved soil erosion and sediment control plan.

Existing natural features such as trees, brooks, drainage channels and views shall be retained. Whenever such feature interferes with the proposed use of property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

§ 32-4.9 Other Provisions.

[1975 Code § 115-4.9; Ord. No. 015-78; Ord. No. 8-97 § 1]

One Principal Building Permitted. No lot shall have erected upon it more than one principal residential building. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.

Accessory Buildings. An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and if located in a side yard area, shall conform to the side yard requirements of the schedule.

Frontage on Public Street Required. Every principal building shall be built upon a lot with frontage on a public street improved to meet the Borough's or Monmouth County's requirements or for which such improvements have been insured by the posting of a performance guarantee pursuant to the land subdivision ordinance unless relief has been granted by the Board of Adjustment.

Obstruction of Intersections Prohibited. At the intersection of two more streets, no hedge, fence or wall, other than a single post or tree with branches trimmed to a height of seven feet above grade or which is not higher than 30 inches above curb level, nor any other obstructions to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distance from the intersections along the street lines.

Yards Facing Public Streets. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersection streets, for both principal and accessory buildings.

Storage in Front Yards Prohibited. No front yard shall be used for open storage of boats, vehicles or any other equipment except for vehicular parking on driveways.

Display of Goods Regulated. Business structures or uses shall not display goods except newspaper vending machines beyond three feet of the structure in which the business activity is carried on.

All yards, parking, etc., to be contained in one zone. In any zone all yards, open space, off-street parking and landscaping must be contained within that zone.

Essential Public Services. Essential public services shall be permitted as authorized and regulated by law and other ordinances of the Borough in any district.

Street Vacation. Whenever any street, alley or other public way is vacated by official action of the Governing Body, the zoning district shall be automatically extended to the center of the vacated public way and all area included in the vacated area in question shall be subject to all appropriate regulations of the extended districts.

Corner Lot Accessory Buildings. For the purpose of regulating the locations of accessory buildings on corner lots, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which the corner lot or through lot is located, provided further that no accessory building shall be permitted in any required front yard.

Prohibited Uses. Any use not specifically permitted in a zoning district established by this chapter is hereby specifically prohibited from that district, and further provided that the following uses and activities shall be specifically prohibited in any zone in the Borough.

All carports.

Boardinghouses.

All billboards, sign boards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted in this chapter.

Auction markets.

Miniature commercial golf courses, golf driving ranges and similar outdoor commercial recreation facilities.

Junkyards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags or other scrap or waste material, asphalt plants, concrete plants, asphalt batching plants, concrete batching plants, asphalt mixing plants, concrete manufacturing plants, auto racetracks, commercial horse or dog racetracks, secondhand or used car lots, except as an accessory use to a new car agency.

Keeping or raising chickens, roosters, donkeys, goats, mink, foxes or similar fur-bearing animals.

Trailer courts, trailer coaches used as dwellings, offices or storage facilities or commercial activities related to the outdoor storage or display of trailer coaches, except that during periods of construction, transportable or wheeled offices may be permitted specifically limited as to the extent of time of such use.

Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials.

10.

Open-air drive-in moving picture theaters.

11.

Seasonal resort cottages or migrant farm labor housing.

12.

Any use of any building or premises in such a manner that the health, morals, safety or general welfare of the community may be endangered.

13.

Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, light, vibration, glare or waste products.

14.

Slaughtering of fowl or animals.

15.

Hotels and motels.

16.

Laundries or dyeing and cleaning works employing more than five persons in these processes.

17.

Milk bottling and distribution plants and other bottling works.

18.

The storage of explosives and the storage of crude oil or any of its volatile products or other flammable liquids in aboveground tanks with capacity greater than 550 gallons.

19.

Lumber and coal yards, building material yards, storage warehouses, except to serve a local retail business, hay presses and handling or processing such bulk flammable farm products as hay and straw.

20.

Outdoor vending machines other than for the sale of newspapers.

Garages and Driveways. All one family dwellings constructed shall have an attached or detached garage having a minimum area of 250 square feet and shall provide a driveway connecting the garage to a street on which the lot abuts. Driveways shall be a minimum of 12 feet in width and provide parking for a minimum of two cars. Two family dwellings shall have adequate driveway or garage space to house or contain off-street parking for at least three cars.

Churches. Churches and places of worship and religious instruction shall have a minimum lot area of two acres. No building or accessory building shall be within 50 feet of any lot or street line. Such uses must comply with all other requirements of the zone in which located.

Charitable Activities. Nothing in this chapter shall be construed as limiting local temporary charitable and civic activities, such as firemen's fairs and the like, provided such use shall not exceed 10 days and shall comply with all other ordinances and regulations of the Borough.

Disabled Vehicles. [1]No more than one temporarily disabled motor vehicle shall be permitted for more than 30 days except at locations licensed by the Borough as being in the automotive repair business.

[1]

Editor's Note: For additional regulation on abandoned, disabled vehicles, see Chapter 3, Police Regulations, Section 3-9.

In all residential zones, attached to principal structure, decks may be installed and constructed within the rear yard set-back area provided the following conditions are met:

The deck is not higher than 30 inches (floor height).

The deck does not extend more than 1/2 the distance from the rear of the structure to the property line.

In no case shall the deck be closer than 10 feet from the rear lot line.

§ 32-5 through § 32-6. (RESERVED)

§ 32-7 DISTRICT REGULATIONS.

§ 32-7.1 Schedule of Area, Yard and Building Requirements.

[1975 Code § 115-5; Ord. No. 015-78]

The area, yard and building requirements established by this chapter are included in the Schedule of Area, Yard and Building Requirements, hereinafter referred to as the schedule of district regulations attached to and made a part of this chapter. The regulations included in the schedule are established as minimum regulations of this chapter. Essential public service facilities deemed necessary and appropriate by the Planning Board may be exempted from such requirements by waivers granted as part of development application approvals.

§ 32-8 SCHEDULED ZONES; REGULATIONS AND USES.

§ 32-8.1 Residential Zones Permitted Uses.

[1975 Code § 115-6.1; Ord. No. 015-78; Ord. No. 07-79]

In residence districts no building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than the following:

Detached single-family dwelling.

Any form of agriculture or horticulture except the keeping or handling of farm livestock.

Greenhouses.

The sale of farm products on properties where produced, provided that no structure may be erected or advertising displayed to facilitate such sale.

Millinery or dressmaking, except that no advertising signs or display of the product is permitted.

Essential public services.

Municipal buildings, parks, playgrounds, and other governmental uses, public libraries and museums.

Community residences for the developmentally disabled housing six persons or less, excluding resident staff, for housing developmentally disabled persons as defined by N.J.S.A. 40:55D-66 et seq. exclusive of alcoholism and drug or narcotic related disabilities; and mentally ill persons defined as mentally deficient, mentally retarded and mentally ill persons as defined by N.J.S.A. 30:4-23 exclusive of alcoholism, drug and narcotic related mental illnesses and persons committed after having been found guilty or not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. Such residences shall be deemed to be permitted uses in residence districts upon proof being submitted to the Zoning Officer that such proposed residences shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulations of The New Jersey Department of Human Services, Division of Mental Retardation, or like State agency, as encompassed in the "Manual of Standards for Licensed Community Residences for the Developmentally Disabled." Such community residences for the developmentally disabled shall remain permitted uses as long as the license issued to such facility by the New Jersey Department of Human Services has not been placed under probationary or provisional license restrictions, be revoked or suspended, and such condition exists in excess of 30 days. In the event of a revocation, suspension or probation of a license, the residence shall not be deemed to be a permitted use until the owner thereof shall file with the Zoning Officer written proof of reinstatement of the license by the Department of Human Services; and upon failure to obtain reinstatement of the license within 90 days of suspension, probation, or revocation of the license by the Department of Human Services the use of the premises as a residence for the developmentally disabled shall cease and terminate.

§ 32-8.2 Permitted Accessory Buildings, Structures and Uses Allowed in Residential Zones.

[1975 Code § 115-6.2; Ord. No. 015-78; Ord. No. 10-97 § 1; Ord. No. 08-2000]

Home offices are permitted provided that the following conditions are met:

The business so conducted is not open to the public for visitation.

The business requires no signage.

The business requires no parking for employees.

The business requires no employees to live at the premises, other than persons who normally live at the premises as their personal residence.

No deliveries are made by truck other than U.S. Mail and/or parcel post delivery service such as U.P.S. or Federal Express.

No more than one person who is not a resident of the home may be employed on the premises at any one time.

Home occupations are permitted provided that the following conditions are met:

No more than one person who is not a resident of the home may be employed on the premises at any one time.

No more than 500 square feet, or the equivalent of 40% of the first floor area of the home, whichever is smaller, shall be used for such purposes.

The home occupation remains subordinate and incidental to the principal residential use.

No display of products shall be visible from the street.

The residential character of the neighborhood and building shall not be changed.

The occupation shall be conducted entirely within either the dwelling or accessory building, but not conducted in both.

No occupational sound shall be audible outside the building.

No machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences.

Private garages for use by owner-occupant.

Fences, not exceeding six feet in height, as per subsection 32-9.3.

Private swimming pools (noncommercial) and tennis courts.

Tool sheds or storage buildings not exceeding 150 square feet and having the minimum setbacks defined herein:

Sheds up to 100 square feet shall not be closer than three feet from any rear or side yard property line.

Sheds from 100 to 150 square feet shall not be closer than five feet from any rear or side yard property line.

No shed of any size shall be permitted in any front yard.

Animal shelters for domestic pets. Such animal shelters, except on farms, shall not exceed 10 square feet in area.

Essential services as defined in this chapter.

§ 32-8.3 Uses Permitted With Conditional Use Permit in Residential Zones.

[1975 Code § 115-6.3; Ord. No. 015-78; Ord. No. 07-79; Ord. No. 12-2000 § 1]

The following uses may be permitted with a conditional use permit subject to the provisions of this chapter.

Intent.

Recognizing the necessity for certain specific uses, while at the same time appreciating the fact that they may be or may become detrimental to the public health, safety and general welfare of the community if improperly designed or located without due consideration to the existing conditions and surroundings, the standards and procedures in this section are hereby established.

A conditional use is a permitted use, not as a matter of right, but rather at the discretion of the Planning Board based upon satisfactory compliance with articulated criteria and standards as specified herein.

These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by this chapter. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features of design, in keeping with the intent thereof, that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval.

Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.

Essential public services facilities other than customarily required for providing individual service onsite.

In the R-40 zone, two family dwellings, provided that each dwelling unit shall consist of at least two rooms, together with kitchen and bath, and that the minimum floor area of each dwelling unit shall be not less than 800 square feet.

Community residences for more than six and not more than 15 residents, exclusive of residential staff as defined and provided for by the Department of Human Services, N.J.S.A. 40:55D-66 et seq. or as amended.

In the R-40 zone, zero-lot-line houses wherein one common side yard may be omitted entirely and two houses built semidetached may be permitted in the zone(s), provided that:

Two zero-lot-line houses are built at the same time with a common party wall.

Each remaining other side yard shall have a width equal to the aggregate prescribed for both side yards on any one lot.

If the two lots upon which the zero-lot-line houses are proposed are under separate ownership, then application for conditional use shall be made jointly by both parties.

All adjoining structures shall be constructed so as to be of the same exterior architectural style and design, and no structure shall be constructed, removed, maintained or altered in any manner so as to change the exterior architectural style and/or design of the structure from that of the adjoining structure.

§ 32-8.4 (Reserved)

§ 32-8.5 Two Family Residences.

[1975 Code § 115-63; Ord. No. 13-97]

In addition to the provisions of subsection 32-8.3, the following requirements are necessary for a conditional use permit:

A floor plan showing the layout of both units must be submitted to the Planning Board with a sketch of the property showing location of off-street parking.

Each unit must have a separate entrance to ground level and second floor units must have alternate fire escape routes.

§ 32-8.6 Community Residences and Other Entities Set Forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2.

[Ord. No. 13-97; Ord. No. 12-2000 § 2; Ord. No. 08-2003 § 1]

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, adult family care homes for elderly persons and physically disabled adults and all other entities which may, in the future, be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2 as amended from time to time, are permitted uses for all residential districts of the town. The requirements for said uses shall be the same as for single family dwelling units located within such districts.

§ 32-8.7 Special Yard and Height Provisions for Residential Zones Supplementing Section 32-7, District Regulations.

[1975 Code § 115-6.4; Ord. No. 015-78; Ord. No. 13-97; Ord. No. 09-2000]

In the case of a lot extending through from street to street, the front yard requirements shall be observed on both streets.

Side Yards for Residential Districts. There shall be two side yards, each with a width prescribed in the Schedule of Area, Yard and Building Requirements, incorporated in the "Zoning Map of the Borough of Allentown, Monmouth County, New Jersey", except that lots existing at the time of the enactment of this chapter having a width less the minimum required in the applicable zone shall have side yards defined as follows:

For each foot less than the required lot width in the applicable zone, the applicant may reduce the total width of the two side yards by six inches, up to a total of six feet.

The reduced total width shall then be apportioned between the two side yards, except that the width of the narrowest side yard shall not be less than 1/3 the total width of the two side yards or a width of six feet, whichever is greater.

Height Provisions for R-40, R-60, R-85 and R-140 Districts. All points of any building shall lie below planes sloping inward and upward from the property lines with a horizontal to vertical ratio as shown in the yard-height ratio on the schedule of regulations included in Section 32-7. The maximum height shall be 45 feet, exclusive of steeples, water tanks, radio towers, TV antennae, chimneys and air conditioning, heating or ventilating equipment.

Frontage Area and Depth Requirements.

No lot not meeting the requirements of Section 32-7 for its respective zone shall be built upon except where deeds for smaller lots were of record prior to the effective date of this chapter or such lots were plotted or plans filed in the County Clerk's office prior hereto. Yard and height provisions shall be applicable to all lots of whatever size.

Private Garages and Other Outbuildings Other Than a Shed. No garage or other outbuilding shall be placed nearer to a rear property line than five feet, and for each foot the rear wall of such building exceeds 10 feet, the offset from the rear property line shall be increased by one foot. As to side yards, the applicable yard requirements set forth in the district schedule shall prevail. Height shall be governed by the provisions of subsection 32-8.3,c. No detached garage or other outbuilding shall be placed near, to a side street line than a distance equal to half the width of the lot. However, nothing herein shall prevent building a common or joint garage upon lots adjoining at the side, nor prevent the construction of a garage as a structural part of a dwelling provided that the outer walls of the garage are taken as the main walls of the building when measuring the front, side and rear yards required under the district schedule.

§ 32-8.8 Process for Conditional Use Continuance.

[Ord. No. 13-97]

Refer to Chapter 28, Land Use Procedures, Section 28-5.8 for procedures and conditions related to the continuance of conditional uses if approved.

§ 32-8.9 Public Utilities and Other Essential Public Service Facilities Other Than Customarily Required for Providing Individual Service on Site.

[Ord. No. 12-2000 § 3]

No conditional use permit shall be issued unless the Planning Board shall determine that:

The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system, and for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building or structure in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

Adequate and attractive fences, buffer areas and other safety devices will be provided.

Sufficient landscaping, including shrubs, trees and lawn are provided which will be periodically maintained.

Adequate off street parking will be provided.

All of the area, yard and building coverage requirements of the respective zone will be met.

§ 32-8.10 Churches and Other Houses of Worship.

[Ord. No. 11-2000]

Before authorizing the Building Inspector or Zoning Officer to issue any permit, the Planning/Zoning Board shall determine that the following standards are met:

That the parking and all other zoning requirements contained herein are met:

That the proposed use is a bonafide non-profit religious organization operated solely for the recreation and enjoyment of the members of the organization;

That the proposed use of the property as a church in the proposed location will not adversely affect the safe and comfortable enjoyment of the property rights or otherwise adversely affect the value of adjacent properties. Further, that the design of any structures erected in connection with such use are in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawn are provided to serve as a buffer between the use and adjoining properties and assure an attractive appearance for that use. In addition, any required parking for an existing use or expanded use will meet all requirements and fall under the conditions of this subsection c not adversely affecting the property rights or affecting the property values of adjacent properties.

§ 32-8.11 through § 32.8.12. (Reserved)

§ 32-8.13 Business District Zone Permitted Uses.

[1975 Code § 115-6.6; Ord. No. 015-78; Ord. No. 12-2000 § 5]

Neighborhood facilities which shall include the sale of retail goods such as, but not necessarily limited to the following types:

Grocery stores.

Drug stores.

Dry goods stores.

Meat and poultry stores.

Baked goods stores.

Packaged liquor stores.

Flower shops.

Confectionary stores.

Household supplies and furniture stores.

10.

Stationery supplies stores.

11.

Haberdashery and apparel stores.

12.

Hardware, plumbing supplies and electrical appliance stores.

Provision of service establishment such as, but not limited to the following types:

Barber or beauty shops.

Dry cleaning or tailor shops.

Self service laundry.

Shoe repair shops.

Business and professional offices including banks, post offices, real estate and insurance offices.

Restaurants and eating places without drive up or walk up window service or outside seating.

Radio and electrical repair establishments.

Newspaper and printing shops.

Movie theaters.

10.

Motor vehicle service stations.

Municipal buildings and other governmental uses as reviewed and recommended by the Planning Board.

Single and two family residences and residential apartments of up to six units.

Other uses that are permitted in residential districts with a conditional use permit or special use permit.

§ 32-8.14 Permitted Accessory Buildings, Structures and Uses Allowed in Business District (B-D) Zones.

[1975 Code § 115-6.7; Ord. No. 015-78]

Same as allowed in residential zones.

§ 32-8.15 Other Provisions Pertaining to the Business District (B-D) Zone.

[1975 Code § 115-6.8; Ord. No. 015-78]

Height, area and building requirements shall be as stated in Section 32-7, District Regulations.

All business district uses, except single family residences shall be subject to the site plan review provisions of this chapter.

Any uses specifically not permitted are prohibited unless determined by the Planning Board to be of a similar type to that allowed by subsection 32-8.13.

Signs may be installed in accordance with the provisions of Section 32-9 of this chapter.

All commercial uses in the B-D zone shall provide off-street paved parking in accordance with the following minimum requirements. Notwithstanding the above, none of the off-street parking facilities as required for this chapter shall be required for any existing building or use, unless the building or use shall be enlarged, or converted from a residential to a commercial use, in which case the provisions of this chapter shall apply only to the enlarged portion of the building or use, or to the portion used for commercial purposes.

Barber and beauty shops, one and one-half (1 1/2) parking spaces per beauty chair or barber chair, plus one additional parking space for each employee.

Banks, financial and business offices and professional offices, one parking space for every 250 square feet of the building area or major fraction thereof devoted to the business purpose utilized in the building.

Retail and service stores, except when otherwise specifically covered herein, one parking space for every 200 square feet of commercial building area or major fraction thereof.

Stores for the retail sale of furniture, appliances or hardware, one parking space for every 500 square feet of commercial building area or major fraction thereof.

Supermarkets, self-service food stores, one parking space for every 100 square feet of commercial building area or major fraction thereof.

Laundromats, one parking space for every two washing machines.

Motor vehicle service stations, two parking spaces for each service bay, plus one parking space for each employee, with a minimum of two parking spaces for employees. Parking for disabled vehicles must be enclosed in a roofed building or structure approved by the Planning Board.

Motor vehicle sales and service, one parking space for every 200 square feet of building area or fraction thereof.

Restaurants, cafeterias, taverns, bars (indoor service only) one parking space for every four seats for customers, plus one space for every two employees.

10.

Auditoriums, churches, libraries, theatres, stadiums, recreational facilities, assembly halls, and similar places of public assembly having fixed seating facilities, one parking space for every four persons who may be legally admitted therein at one time under the State Fire Prevention Laws.

11.

Hospitals, nursing homes, and similar institutional uses for care of the ill or aged, one parking space for every four beds, plus one additional parking space for every two employees and members of the staff in the largest working shift.

12.

Mortuaries and funeral homes, one parking space for every 50 square feet of floor area in the slumber rooms, parlors or individual funeral service rooms.

13.

Public utility installations, five spaces; and one space for every one truck or public utility licensed vehicle stored on the premises.

14.

Parks and other outdoor recreation sites, five parking spaces for each gross acre of land up to 50 acres, and one parking space per gross acre of land above 50 acres.

15.

Residential apartments, one and one half (1 1/2) spaces per one or two bedroom apartment.

Off-Street Loading and Unloading Provisions.

For every building, structure, or part thereof having over 3,000 square feet of gross building area erected and occupied for commerce, hotel, hospital, laundry, dry cleaning, places of public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and 14 feet in height.

Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right of way that will not interfere with public convenience and that will permit orderly and safe movement of truck vehicles.

Loading space as required under this subsection shall be provided as area in addition to off-street parking space and shall not be considered as supplying off-street parking space unless waived by the Planning Board on site plan review.

Off-street loading and unloading areas shall be paved and adequately drained, all subject to approval of the Borough Engineer.

§ 32-9 OTHER SPECIAL PROVISIONS APPLICABLE TO ALL ZONING DISTRICTS.

§ 32-9.1 Signs.

[1975 Code § 115-8.3; Ord. No. 015-78; Ord. No. 011-89; Ord. No. 97-4; Ord. No. 13-97; Ord. No. 07-2000; Ord. No. 02-2005 § 1]

Definitions. As used in this section, the following terms shall have the meanings indicated:

DIRECTIONAL SIGN: Shall mean any sign which is designed and erected solely for the purpose of traffic or pedestrian direction which is placed on the property to which or on which the public is directed. Such signs may contain a business or professional name, but no advertising copy. Such design shall not exceed three square feet, except in residential districts where such signs shall not exceed one square foot, and as otherwise specified herein.

DISPLAY AREA: Shall mean the portion of the sign on which the message should be placed.

FACADE AREA: Shall mean the exterior width of a structure in commercial use, multiplied by 10 feet for each floor for which business is actively engaged, for the vertical dimension, to create an area in square feet for the purpose only of calculating allowable sign area. Storage, unimproved, vacant or noncommercial space, attics or lofts, all located above the first floor, shall not qualify for calculation of facade area. Noncommercial first floor area shall cause a proportionate reduction in the facade area for the calculation of allowable sign area.

POLITICAL SIGN: Shall mean a temporary sign which advertises candidates for public office or statements on issues for which residents of the Borough are eligible to vote.

PREMISES: Shall mean any building, within which a permitted commercial use is located, whether such business use occupies the entirety or any portion of the building.

REAL ESTATE SIGN: Shall mean any sign pertaining to the sale, lease or rental of lands or buildings.

SIGN: Shall mean any device that is intended to provide visual communication to others. A "sign" may have any and all of the following elements:

SIGN AREA: Shall mean the area in square feet of a rectangle drawn so as to include the entire sign face. Any area upon which any logo, trademark, or otherwise protected design, image or wording shall count towards sign area.

SIGN FACE: Shall mean a plane consisting of the total area of the display area and decorative features as viewed from a point of optimal visibility of the display area and decorative features. No sign shall have more than two "sign faces."

SIGN STRUCTURE: Shall mean any structure which supports, has supported or is capable of supporting a sign, including decorative cover.

STRUCTURE –: Shall mean the material means by which the other portions of the sign are held in place.

General Provisions.

Signs in all zones, whether permitted or nonconforming, shall be kept in good repair, which shall include replacement or repair of broken or malfunctioning structural elements, casings, facings or lighting elements and the maintenance of legibility. Upon determination that a sign has become structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the owner of the building or premises by which such unsafe sign is affixed or erected.

In residential districts, no stationary signs shall be permitted, except customary professional signs, tourist home signs not larger than one square foot, real estate signs not larger than eight square feet, when placed on properties offered for sale or rent, customary signs identifying any building or use permitted under this chapter and signs necessary to the public welfare.

In the business district, no stationary signs shall be permitted except those permitted in the residential districts and signs in accordance with the schedule of sign area which governs the number of signs, the total sign area and maximum sign area according to the facade area of the business premises. The number of signs permitted in the schedule of sign area shall not be exceeded except as follows:

(a)

Within a structure having a separate facade, entry and postal designation, each such unit shall be considered a premises, or

(b)

Where there are multiple uses within a single premises, any business served solely by a separate entrance and having a separate facade from the primary entrance to the premises may erect a wall mounted sign not to exceed six square feet on the facade on which the facade is located and within five feet of the entrance.

No sign may extend over the sidewalk or other public way for a distance of more than five feet. All signs extending over a sidewalk shall be erected at least 10 feet above the sidewalk, but shall be no higher than 15 feet at the top edge of the sign. The maximum area shall be 20 square feet. A sign erected in this fashion shall be considered a single sign face, even if lettered on both sides.

Advertising display on a building or structure shall be considered as coming within the meaning of the above regulations.

Directional signs having an area of less than two square feet are exempt from any location regulations, except that they should be located a minimum of five feet from any property line.

No sign using red, green, blue or amber illumination in a beam, beacon or flashing form, resembling emergency lights, shall be erected in any location.

No sign that fails to conform to these regulations shall be rebuilt, enlarged, changed or moved.

No sign except temporary signs, window signs, political, community bulletin boards or directional signs shall be erected prior to the issuance of a permit.

10.

A community bulletin board may be allowed upon the approval of the Mayor and Council. Mayor and Council may allow or cause to be erected signage areas deemed to be appropriate for the advertising and display of items considered to be in the public interest.

11.

Signs required by the USDOT Manual of Uniform Traffic Control Devices for Motor Vehicle, Pedestrian Safety and USADA compliance.

Prohibited Signs. The following are prohibited in all zones:

Any sign which does not advertise a permitted business or use located in the same premises.

Roof signs and signs extending above the wall to which they are attached.

Permanent marquees extending over the sidewalk beyond the street line, except as stated in paragraph b,4 above.

Signs posted on fences, posts, utility poles or trees.

Signs posted on Borough property, except where specifically authorized by the Borough.

Signs installed or painted on sidewalks or curbs.

Signs using mechanical or electrical devices or wind to revolve, flash or display movement or the illusion of movement or to spell alternating messages.

Signs on abutments, retaining walls or embankments.

Signs painted directly on buildings which obstruct any windows.

10.

Signs which constitute a hazard to the traveling public by obstructing driving vision, regulatory directional signs or signals.

11.

Pylon signs, except as permitted herein.

12.

Billboard signs.

13.

Automobile trailers, attached or unattached, or vehicles of any nature bearing signs or advertisements, parked or left stationary for more than 24 hours upon any vacant land or public street.

14.

Signs using any lighting or control mechanism which may cause radio or television interference.

15.

Illuminated signs where the source of light is directly visible from adjoining properties or streets.

16.

Neon, internally illuminated or other fluorescent signs.

17.

No provision contained herein shall be construed to prohibit signs which issue warnings or safety messages such as, but not limited to, "no hunting," "no trespassing," "beware of dog" or traffic directional signs.

18.

All temporary signs, except as set forth herein.

19.

Sidewalk signs.

Temporary Signs or Banners.

Not more than one temporary sign shall be permitted on any lot identifying architects, engineers, builders, brokers, contractors or others connected with the construction of any building on such lot. No such sign shall be displayed beyond the effective date of any certificate of occupancy affecting the premises. Unless affixed to the principal building, such signs shall be set back at least 10 feet from all property lines. Such temporary signs shall not exceed 15 square feet in area or 15 feet in height above the ground level.

One temporary sign may be erected or installed without a permit announcing that the property on which it is located is for sale or rent. Such sign shall not exceed eight square feet. The sign shall be set back a distance equal to one and one-half (1 1/2) times its area in square feet. The "for sale" or "for lease" sign shall be removed within seven days following the completion of the sale or lease transaction.

One sign may be installed upon issuance of a permit for the announcement of grand openings or business closures (with a State issued going out of business permit) not to exceed 30 days of total signage for any of the above purposes.

Directional signs advertising "Open House" on a property, yard sales, car washes, etc. shall be allowed to be placed at the closest main intersection on the day of the event only. Direction signs shall not exceed four square feet. At no time shall a directional sign remain overnight. The person who placed the signs shall be responsible to take those signs down, in accordance with the time frame of no signs to remain overnight.

Political Signs. Temporary political signs shall be permitted in all zones for a period of two months prior to a primary, general or special election and for one week thereafter. The sign shall not exceed 12 square feet.

Window Lettering and Window Signs. Window lettering and signs shall be permitted only in the commercial zones. For the purpose of enforcing this chapter, window lettering and signs shall be subject to the following restrictions:

All window lettering and signs shall be on the window interior and shall be considered as a sign as defined in this chapter.

Permanent window lettering or signs shall be permitted only if the rectangle or circle confining such lettering or sign or the background upon which it appears does not exceed 20% of the window area and further, that no window sign shall exceed the total window area permitted for a sign. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains lettering or background advertising.

The window lettering or signs shall pertain only to the establishment occupying that portion of the premises where the window is located.

Temporary window lettering or signs advertising special sales or events shall be removed within seven days following the advertised event or within 30 days after the affixing of the same, whichever is earlier. Such temporary window lettering or signs, in conjunction with any permanent window lettering or sign, shall not cover more than 50% of the window area nor exceed the area permitted for a sign.

The following window lettering and signs are specifically prohibited:

(a)

Those having exterior source of illumination.

(b)

Moving signs.

All window lettering and signs shall be kept in good repair.

The Zoning Officer shall have the authority to order the removal of any window lettering or sign which does not conform to these specifications. Any owner or tenant not complying within 72 hours of such order shall be in violation of the provisions of this chapter and subject to the penalties set forth herein.

Permits.

No sign shall be erected, enlarged or relocated except in accordance with the provisions of this section and until a permit has been issued. Any sign meeting all the requirements as set forth in this section shall be issued a permit by the Zoning Officer without site plan review, provided that no additional structure is necessary to mount the proposed sign, and further provided that the sign to be erected will not be illuminated.

All applications for sign permits shall be either submitted directly to the Planning Board, where illumination is requested, or forwarded to the Zoning Officer before a permit may be issued. Such application shall be accompanied by sketches and drawings showing details of construction, support and attachment and shall delineate the size, shape, design, coloring, lettering, lighting and position in relation to the building from or upon which it shall be displayed.

In addition, the issuance of a sign permit hereunder shall not relieve the owner or the lessee of the premises from the duty to apply for a construction permit, if required by the Uniform Construction Code, nor relieve the permittee from the duty of maintaining any structure in a safe condition.

The following signs shall be permitted without the required sign permit:

(a)

Signs designating entrance or exit to and from parking areas for institutional public use, limited to one sign with the maximum area of two square feet for each such exit or entrance. One additional sign per parking area designating the conditions of use or identity thereof, with a maximum area of six square feet, shall be permitted.

(b)

A sign with a maximum area of two square feet indicating the name and address of the occupant of any dwelling and/or any professional activity carried on therein.

(c)

Signs identifying the names of schools, colleges, churches or other similar public or semipublic institutions, provided that:

(1)

The area of any freestanding sign shall not exceed 10 square feet and not more than one such sign shall be placed along any street on which such property fronts.

(2)

Not more than two additional such signs may be located on the walls of any structures on the site. The area of such signs shall not exceed the lesser of 25 square feet or two (2%) percent of the area of the wall to which it is affixed. The wall area shall be measured from the ground level to the bottom of the roof eaves and from one side of the building to the other.

(d)

Any sign erected by the Borough, County, State or Federal government.

(e)

Signs used for protection of the public during construction, repairs and emergencies.

Residential Districts. Only the following signs shall be permitted in any residential district:

Signs advertising the permitted use of that building, provided that it shall not exceed three square feet and it shall not be illuminated.

Signs advertising the home or office of medical practitioners, provided that it does not exceed one square foot.

Historic District. All signs within the designated historic district must be in keeping with the area and style architecture of the property on which it is being placed. The enforcing officer at his or her sole discretion may refer any application for a sign to the Historic Preservation Review Commission for their comment prior to the issuance of a permit.

Enforcing Officer. The Zoning Officer shall enforce the provisions hereof.

Schedule of Building Facade Area and Allowable Sign Area.

Facade area	Up to 200 Sq. Ft.	201 to 350 Sq. Ft.	351 to 500 Sq. Ft.	501 to 750 Sq. Ft.	750 to 999 Sq. Ft.	1000 and Greater
Sign Area, Percentage of Facade	20%	17%	14%	11%	8%	7%
Maximum Sign Area	30 Sq. Ft.	45 Sq. Ft.	50 Sq. Ft.	55 Sq. Ft.	60 Sq. Ft.	70 Sq. Ft.
Maximum Number of Sign Faces	3	3	3	3	4	5
Maximum Area per Sign Face	15	20	20	20	25	30

Facade area is defined as the width of a building facade multiplied by 10 feet of height for each floor used for business purposes.

If a floor above the first floor is used only partly for business uses, the facade area for that floor will be multiplied by the percentage of the floor used for business purposes.

Storage space, lofts and attics above the first floor do not count towards facade area.

Example: Business "A" is in a building measuring 38 feet wide. The entire first floor is occupied by businesses, as is half of the second level. The third floor is residential apartments.

First Floor: 38 feet times 10 equals 380

Second Floor: 38 feet times 10 times 50% equals 190

Third Floor: 38 feet times zero (no business uses)

Total area equals 570 square feet. The applicant can have 55 square feet of signage on up to 3 sign faces.

§ 32-9.2 Temporary Permits.

[1975 Code § 115-8.4; Ord. No. 015-78]

Temporary permits may be authorized by the Planning Board for a period not to exceed one year for nonconforming uses incidental to housing and construction projects, including such structures and uses as a shed for the storage of building supplies and machinery and a real estate office located on the tract offered for sale, provided that such permits shall be issued only upon agreement by the owner to remove the structure or structures upon expiration of the permit. A trailer may be used for such office purposes but not for housing or sleeping. Such permits may be renewed for a further period of one year upon good cause shown.

§ 32-9.3 Fences.

[1975 Code § 115-8.5; Ord. No. 015-78; Ord. No. 06-81; Ord. No. 13-97]

Fences placed, erected, constructed or planted in the Borough shall conform to the following standards and specifications:

Fence.

No fence shall exceed six feet in height.

Only fences meeting the following conditions may extend closer to the street than the front line of a building on a particular lot:

(a)

The fence must not exceed 30 inches in height;

(b)

The fence must be constructed of wood or a substitute material which gives the appearance of a wooden fence, either painted or natural;

(c)

The fence must be of an open design with at least 40% open space between pickets or rails. Lattice or woven fences shall be considered a closed design and are not permitted in the required front yard.

(d)

All other general conditions for fences must be met.

The finished side of a fence shall face out from the property owner erecting that fence.

There shall be no barbed wire or any sharp protrusions in, above, about or on the sides of any fence.

A fence shall only be placed on the property owned by the person erecting that fence, unless a written mutual agreement is made by both adjoining property owners involved, allowing the fence to be placed on the property line between the two adjoining properties.

No fence shall be erected where it creates a traffic vision barrier.

A fence must be of a color and durable material that is harmonious with the environment of the area where it is located.

A fence shall be maintained in good condition by the owner of the fence.

Living Fence.

Living fences shall be planted at least three feet from the property line, except that they may be planted on the property line with the written consent of both of the property owners involved.

Living fences shall be kept reasonably neat and trimmed within the property line.

Living fences shall be subject to the same regulations for fences as set forth in paragraph a.

Living fences shall be of evergreen or deciduous species and will not have thorns, barbs or sharp protrusions.

Additional Standards.

No fence or living fence shall have any material or any growth on the ground level in such a manner as to be conducive to the harborage of rodents.

Any tennis court or basketball court shall be fenced by a fence not exceeding 10 feet in height and shall be of a material that permits for at least 80% of the fence to be open area.

§ 32-9.4 Recycling.

[1975 Code § 115-8.7; Ord. No. 015-78; Ord. No. 01-90]

Materials designated in Chapter 17, Solid Waste Management, shall be separated from other solid waste by the generator, and storage area for recyclable material shall be provided as follows:

For each subdivision application for two or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to meet health, safety and building standards of the Borough to accommodate mandated recyclable materials (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

For each subdivision application for multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to meet health, safety and building standards of the Borough to accommodate an accumulation of mandated recyclable material (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in a laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.

For each site plan application for commercial, business and industrial development, the applicant shall provide the Borough of Allentown Planning Board/Board of Adjustment with estimates of the quantity of mandated recyclable materials (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans, high-grade paper and corrugated cardboard) that will be generated by the development during each week. A separate storage area must be provided to accommodate accumulation of recyclable materials. The Borough of Allentown Planning Board/Board of Adjustment may require the location of one or more common storage areas at convenient locations within the development.

The recyclable materials designated in this section shall not be deemed to be the exclusive recyclables to be considered during a development application. If and in the event Chapter 17 shall be amended to provide for other recyclable materials, the Planning Board/ Board of Adjustment shall require an applicant to make accommodations for additionally designated recyclables.

§ 32-10 SITE PLAN REQUIREMENTS AND REVIEW PROCESS.

§ 32-10.1 Submission of Site Plan.

[1975 Code § 115-9.1; Ord. No. 015-78; Ord. No. 018-87]

Upon application for a conditional use permit, a zoning permit for the construction of any building or structure or the development of any activity or the change of any use other than one and two family residences, the applicant for development shall submit with such application 15 copies of a preliminary site plan and five completed copies of the Borough's site plan application. The preliminary site plan shall be a true and accurate plot plan drawn to a scale of not less than one inch equals 50 feet and shall contain at a minimum the following:

The site for which application is being made, identified by the Borough lot and block number and including the exact dimensions and acreage of each plot to be built upon, and the north reference point.

Existing surrounding uses of land and their structures for a distance of at least 200 feet on all sides of applicant's site and their tax block and lot number.

The type of structure or structures, including accessory structures, which are proposed, illustrated by a floor plan sketch, front and side elevations drawn to scale.

The proposed on-site vehicular circulation system, access, ingress and egress ways and service roads, if applicable.

Present and proposed off-site street or public way systems within 500 feet of each ingress and egress point to applicant's proposed development site.

On-site parking facilities drawn to the dimensions required by this chapter.

On-site loading facilities, if applicable, drawn to the dimensions required by this chapter.

A projection of the proposed number of employees who will be using the site on a full-time or part-time basis.

Landscaping, shade tree and screening proposals, including preservation of existing natural screening devices.

The location, dimensions and lighting of proposed freestanding signs and signs to be affixed to the improvements on the property.

Existing and proposed modifications of changes to existing topography and drainage at two foot contour intervals.

Proposed drainage to existing facilities and locations of new drainage facilities, including a report on stormwater quality, runoff management and drainage facilities calculations.

Location of all present water, sewer and other utility services on-site or at off-site locations within 200 feet of the proposed development; and proposals for on-site installations of utility services and inter-connection with existing utility services.

Proposed reservations, showing size, shape and location of public areas, indicated on the Master Plan and Official Map.

Areas on-site and within 200 feet of the proposed development designated as flood control or flood hazard areas.

Proposed locations, features and types of exterior lighting for on-site use.

Environmental and community services impact statement.

Traffic impact report as required by the Board.

§ 32-10.2 Filing of Site Plan Application.

[1975 Code § 115-9.2; Ord. No. 015-78]

The application, site plans and other supporting documentation, including the fees required, shall be filed by the applicant for development with the administrative officer within the time limits and in accordance with the provisions of land use procedures and review by the appropriate municipal agency shall be in accordance with the procedures set forth in such ordinance.

§ 32-10.3 Standards for Site Plan Approval.

[1975 Code § 115-9.3; Ord. No. 015-78]

In considering and approving site plan applications and referrals, the Planning Board shall take into consideration the public health, safety and general welfare; the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and may attach such conditions and safeguards, including adequate screening, as a precondition to approval of such plans, as in the Municipal Agency's opinion, may be necessary to protect adjoining premises from unsightly development, obnoxious odors, and sound levels, excessive and uncontrolled traffic conditions and such other types of improvements to be erected on-site which would detrimentally affect the use of adjoining properties. The Planning Board shall make findings with respect to the following at a minimum:

Traffic Access. All proposed traffic access ways are adequate in number, width, grade, alignment and visibility to serve the proposed use without jeopardizing the safety of pedestrians on abutting sidewalks, or the safety of passing traffic on the street or public way, or at nearby intersections, or other places of public assembly and travel.

Circulation, Parking and Loading. Off-street parking and loading space will be provided in an amount and location sufficient to minimize on-street curb parking of vehicles belonging to persons connected with, employed by, delivering to or from, or visiting the proposed use; that safe and adequate on-site pedestrian walk areas are provided; that the interior road network will provide safe access to all required off-street parking, loading and waste removal facilities for both on-site and off-site ingress and egress purposes.

Landscaping and Screening. All playground, parking and service areas and any and all other features of the proposed development and the location thereof on the site, which may exert a deleterious effect on adjoining premises shall be screened, at all seasons of the year, from the view of such premises and of adjoining streets; and that the general landscaping of the site will be in character with that prevailing in the neighborhood.

Existing On-Site Natural Resources. The maximum amount of floodplain and fresh water wetlands, beneficial vegetation, rock formations, topography of land and other similar natural features on the site prior to development are maintained, preserved, and protected, where desirable, to minimize any deleterious effect of the development of the site on surrounding properties.

Lighting. Adequate on-street and on-site lighting be provided to preserve the safety of the users of the development site without detrimentally affecting the use and enjoyment of neighboring property.

Other Findings. All other standards for site plan approval under this chapter that are derived from information provided by the applicant in his application and submissions made and testimony taken before the Planning Board, Zoning Board of Adjustment, and other municipal and governmental agencies, conform with the requirements, intent and purpose of this chapter, and the design criteria for the improvements contained in this chapter, the subdivision regulations and other applicable ordinances of the Borough.

Approvals. Preliminary and final approval of all site plans shall be in accordance with N.J.S.A. 40:55D.

§ 32-11 through § 32-15. (RESERVED)

§ 32-16 (RESERVED) [1]

[Ord. No. 12-2000 § 6]

[1]

Editor's Note: Former Section 32-16, Conditional Use Permits, previously codified herein and containing portions of Ordinance Nos. 015-78, and 13-97 and 1975 Code §§ 115-10.1, 115-10.3 and 115-10.6 was repealed in its entirety by Ord. No. 12-2000.

§ 32-17 NONCONFORMING USES, LOTS AND BUILDINGS.

§ 32-17.1 Continuance.

[1975 Code § 115-11.1; Ord. No. 015-78]

Except as otherwise provided in this section the lawful use of land or buildings existing on the date of adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or buildings is located, provided, however:

That no nonconforming lot shall be further reduced in size.

That no nonconforming building shall be enlarged, extended or increased, unless the proposed construction would comply with the current yard setback requirements.

§ 32-17.2 Abandonment.

[1975 Code § 115-11.2; Ord. No. 015-78]

A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated and the structure shall not be reoccupied, except in conformance with this chapter.

§ 32-17.3 Construction Approved Prior to Chapter.

[1975 Code § 115-11.3; Ord. No. 015-78]

Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has heretofore been issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to plans as filed within one year from the date of adoption of this chapter.

§ 32-17.4 Reversion.

[1975 Code § 115-11.4; Ord. No. 015-78]

No nonconforming use shall, if once changed into a conforming use, be changed back to a nonconforming use.

§ 32-17.5 Restoration.

[1975 Code § 115-11.6; Ord. No. 015-78]

Notwithstanding anything to the contrary hereinabove set forth, nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged or destroyed by fire, explosion, flood, windstorm or other act of God; provided, however, that there shall be no enlargement of the original structure and that the work shall be initiated within six months from the occurrence of such damage or destruction and shall be diligently pursued to completion.

§ 32-17.6 Future Changes.

[1975 Code § 115-11.7; Ord. No. 015-78]

Whenever this chapter or the zoning map shall be modified, amended or supplemented, the foregoing provision shall also apply to any nonconforming uses, structures or buildings created thereby.

§ 32-18 through § 32-21. (RESERVED)

§ 32-22 ADMINISTRATION AND ENFORCEMENT.

§ 32-22.1 Interpretation of Provisions.

[1975 Code § 115-12.1; Ord. No. 015-78]

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the purposes of this chapter as set forth in Section 32-2. Officials charged with the interpretation and enforcement of this chapter shall be mindful of the general intent as expressed in this chapter and shall so interpret and enforce this chapter so that no substantial detriment to the public good shall result and so that decisions shall not substantially impair the intent and purpose of the Zone Plan and this chapter.

§ 32-22.2 Enforcing Officer.

[1975 Code § 115-12.2; Ord. No. 015-78]

The provisions of this chapter shall be enforced by the Zoning Officer. It shall be the duty of the Zoning Officer to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Mayor and Council and other officials of the Borough of Allentown. The Zoning Officer may also be the Construction Code Official.

§ 32-22.3 Zoning Permits.

[1975 Code § 115-12.3; Ord. No. 015-78]

Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any building or part of building costing more than or having a value of more than $100. Zoning permits shall hereafter be secured from the Zoning Officer for any use coming within the provisions of any section of this chapter.

All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use of the building or structure and shall be accompanied by a plan drawn to scale and dimensions showing the proposed building in its exact relation to lot and street lines based upon a current survey of the property as prepared by a New Jersey licensed professional surveyor.

§ 32-22.4 Occupancy Permits.

[1975 Code § 115-12.4; Ord. No. 015-78]

No building hereafter constructed, erected or altered shall be occupied or used in whole or in part for any use whatsoever, and no change of use of any building or part thereof shall hereafter be made, until an occupancy permit has been issued by the Zoning Officer, certifying that the building or use complies with provisions of this chapter and with the zoning permit issued therefor, if any. Such occupancy permits shall be issued or denied by the Zoning Officer within 10 days from date of written application therefor.

§ 32-22.5 Fees.

[1975 Code § 115-12.5; Ord. No. 015-78; Ord. No. 6-93; Ord. No. 06-2018]

Fees for zoning permits are established as follows:

The fee for a zoning permit shall be $20.

In the event that a zoning fee has been paid in accordance with this section and there is an application required in connection with that fee to be made to the Planning and Zoning Board of the Borough, then the fee paid hereunder for the zoning permit shall be applied to and credited against the application fee for development to the Planning/Zoning Board.

§ 32-22.6 Copy to be Filed With County Planning Board.

[1975 Code § 115-12.6; Ord. No. 015-78]

Immediately upon adoption of this amended chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law.

§ 32-22.7 Violations and Penalties.

[1975 Code § 115-12.7; Ord. No. 015-78; Ord. No. 021-81; Ord. No. 13-97]

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof and upon suit instituted by the Zoning Officer, be liable to the penalty stated in Chapter 1, Section 1-5.

The continuation of such violation in each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense. In addition to the above, where the public health, safety and welfare require it, the borough may institute or maintain a separate action for injunctive relief to restrain or prevent continued violation.