[Ord. 11/9/94; § 16-1.1; Ord. No. 02-11 § 1]
For the purpose of this chapter, the Borough of East Newark is hereby divided into districts as follows:
R-2
Single and Two Family Residential
NB/C
Neighborhood Business/Commercial
GB/C
General Business/Commercial
I
Industrial
CR
Commercial/Recreation
MURD
Mixed Use Residential District
[Ord. 11/9/94; § 16-1.2]
The boundaries of these zoning districts are established on a map entitled "Proposed Zoning Map of the Borough of East Newark."
[1]
Editor's Note: The Zoning Map can be found on file at the Borough Offices.
[Ord. 11/9/94; § 16-1.3]
Zoning district boundary lines are intended to follow street centerlines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this chapter unless otherwise indicated by dimensions on the zoning map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the centerline of that street is used for the location of a zoning district line. The exact location of any disputed zoning district boundary line shall be determined by the Board. The zoning standards, controls and designations shall apply to every structure, lot and use within each district and the district lines shall extend vertically in both directions from ground level.
[Ord. 11/9/94; § 16-1.4]
Where a zoning district boundary line divides a lot other than by following a stream or street, any use permitted in either district may be extended not more than 20 feet into the adjacent district. A use permitted in the zoning district so extended shall thereafter be a permitted use in the extended area. A zoning district line however, shall be altered only once by utilizing this section of the chapter, after which the lot use shall be governed by the regulations of the zoning district in which it is located after the zoning district boundary line adjustment. Ingress and egress across a commercial or industrial zone for the purpose of access to a residential zone shall be permitted.
[Ord. 11/9/94; § 16-1.5]
No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be affected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yard and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street.
[Ord. 11/9/94; § 16-3]
The chapter is adopted pursuant to R.S. 40:55D-1, et seq., in order to promote and protect the public health, safety, morals and general welfare, and in furtherance of the following related and more specific objectives:
a. 
To secure safety from fire, flood, panic and other natural and man-made disasters.
b. 
To provide adequate light, air and open space.
c. 
To ensure that the development of the Borough of East Newark does not conflict with the development and general welfare of neighboring municipalities, the County and the State as a whole.
d. 
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.
e. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
f. 
To provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
g. 
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.
h. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
i. 
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 fostering the more efficient use of land.
j. 
To promote utilization of renewable energy sources.
k. 
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.
[Ord. 11/9/94; § 16-4]
The rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Borough under the terms of this chapter shall give primary consideration to the above mentioned matters and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the appropriate Borough agency may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules, regulations or restriction shall control.
[Ord. 11/9/94; § 16-5]
All uses not expressly permitted in this chapter shall be prohibited.
[Ord. 11/9/94; § 16-6]
All applicable requirements shall be met at the time of erection or enlargement of structures and change or expansion of use and shall apply to the entire parcel or structure whether or not the entire parcel or structure are involved in the change.
[Ord. 11/9/94; § 16-7]
Any word or term not defined herein shall be defined by the Unabridged Edition of the Random House Dictionary of the English Language. Moreover, whenever a term is used in the chapter which is defined in N.J.S.A. 40:55D-1 et seq., it shall be utilized unless specifically defined to the contrary in this chapter.
ACCESSORY APARTMENT
Shall mean a residential use located within a principal or accessory structure on the same lot that is clearly incidental and subordinate to the principal use of the structure it is located in.
ADMINISTRATIVE OFFICER
Shall mean the Administrative Officer who is appointed by the Borough Council.
ADVERSE EFFECT
Shall mean conditions or situations creating, imposing, aggravating or leading to impractical, unsafe, or unsatisfactory conditions on a subject property, or off-tract property such as, but not limited to: improper circulation and drainage, rights-of-way as defined in N.J.S.A. 40:55D-34, inadequate drainage facilities, insufficient street widths, unsuitable street grades, unsuitable street locations to accommodate prospective traffic or coordinate and compose a convenient system, inappropriate design features which are not compatible with the surrounding environment, locating and/or designing lots and structures in a manner not adaptable for the intended purposes without danger to health or peril from flood, fire, erosion or other menace, providing for lots of insufficient size and neither providing nor making future allowance for access to the interior portion of the lot or for other facilities required by this chapter.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Shall mean any change in or addition to the supporting members of a building such as walls, columns, beams, girders, posts or piers.
ALTERNATIVE TREATMENT CENTER
Means an organization issued a permit pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit.
[Added 7-14-2021 by Ord. No. 08-2021]
APPLICANT
Shall mean the landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT
Shall mean the application or appeal forms and all accompanying documents required by this chapter for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
BUFFER
Shall mean a strip of land containing natural woodlands, earth mounds or other planted screening materials and separating one kind of land use from another or separating a planned development from any other development.
BUILDING
Shall mean any structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property. "Building" shall include the words "structure," "dwelling" or "residence."
BUILDING COVERAGE
Shall mean the square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outer most extremities of the roof above the columns.
BUILDING HEIGHT
Shall mean the vertical distance measured from the average ground level at the front of the building to the extreme high point of the building exclusive of chimneys and similar fixtures.
CANNABIS CONSUMPTION AREA
Means, as further described in Section 28 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS CULTIVATOR
Means any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Cultivator license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS DELIVERY SERVICE
Means any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 Cannabis Delivery license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS DISTRIBUTOR
Means any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS MANUFACTURER
Means any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 Cannabis Manufacturer license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS-ORIENTED BUSINESS
Means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis distributor, a cannabis retailer, or a cannabis delivery service.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS RETAILER
Means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 7-14-2021 by Ord. No. 08-2021]
CANNABIS WHOLESALER
Means any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
[Added 7-14-2021 by Ord. No. 08-2021]
CARTWAY
Shall mean the hard or paved surface portion of a street customarily used by vehicles in the regular course of travel. Where there are curbs, the cartway is that portion between the edges of the paved or graded width.
COMPLETE APPLICATION
Shall mean an application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless:
a. 
The application lacks information indicated on the checklist adopted by this chapter and provided to the applicant; and
b. 
The municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
The applicant must request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicants obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Borough.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use and upon the issuance of an authorization therefor by the Planning Board.
DEMOLITION
Shall mean the razing of any improvement, or the obliteration of any natural feature of a designated landmark.
DENSITY
Shall mean the permitted number of dwelling units per gross area of land to be developed.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, and any use or change in use of any building or other structure or land or extension of use of land, for which permission may be required.
DRAINAGE AND UTILITY RIGHT-OF-WAY
Shall mean the lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DWELLING UNIT
Shall mean a room or series of connected rooms designed for permanent residency containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling unit shall be self-contained and shall not require passing through another dwelling unit or other indirect route to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit:
a. 
DETACHED SINGLE-FAMILYShall mean a building physically detached from other buildings or portions of building which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities. A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.
b. 
MULTIFAMILYShall mean units that share common vertical and horizontal separations.
c. 
TWO-FAMILYShall mean a building containing two dwelling units only, each having separate entrances, intended for residential occupancy by two housekeeping units, each living independently of each other and each with its own sleeping, cooking and sanitary facilities. The dwelling units shall be entirely separated from one another by vertical walls or horizontal floors, unpierced except for access to outside or to a common basement.
EASEMENT
Shall mean a use or burden imposed on real estate by deed or other legal means to control the use of land by the public, a corporation, or particular persons for specific uses.
FLOODPLAIN
Shall mean the relatively flat area adjoining a water channel which has been or may be covered by flood water of the channel, including the following components:
a. 
FLOODWAYShall mean the river or other watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
b. 
FLOOD HAZARD AREAShall mean land in the floodplain subject to a 0.2% or greater chance of flood in any given year.
c. 
FLOOD FRINGE AREAShall mean the portion of the flood hazard area outside of the floodway.
FLOOR AREA RATIO (FAR)
Shall mean the gross floor area of all buildings on a lot divided by the lot area.
GROSS FLOOR AREA
Shall mean the area measured by using the outside dimension of the building, excluding the area of a garage, attic, open porch or patio. Only those floor areas which have a ceiling height as prescribed by the Borough building code for residential uses and those floor areas either having a ceiling height of eight feet or more or used for storage space in nonresidential uses shall be included in the gross floor area.
HOTEL
Shall mean a building which contains furnished living units for its occupants which has entrances from inside the building and in which no living unit contains more than two rooms, exclusive of bathroom, foyer, closet or dressing area, terraces or balconies and providing, among other things, such services and features such as, central dining rooms, lounges, public assembly areas.
HOUSEKEEPING UNIT
Shall mean one or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
IMPERVIOUS SURFACE
Shall mean any ground cover which reduces the rate of absorption of stormwater into undeveloped land. Retention and detention basins and drywells allowing water to percolate directly into the ground shall not be considered as impervious surfaces.
LAND
Shall mean any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the municipality. Such term shall also include improvements and fixtures on, above or below the surface.
LAND DISTURBANCE
Shall mean any activity involving the clearing, grading, transporting of land and any other activity which causes land to be exposed to danger of erosion.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT CORNER
Shall mean any lot which occupies the interior angle of the intersection of two street lines which make an angle of less than 135° with each other, the owner, of a corner lot having the privilege of specifying which street line and being required, when requesting a building permit, to so specify.
LOT DEPTH
Shall mean the shortest horizontal distance between the front lot lien and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT WIDTH OF
Shall mean the distance between the property side lines, measured at the setback line as herein or otherwise established.
MUNICIPAL AGENCY
Shall mean the Planning Board, Board of Adjustment, or Borough Council, or any agency created by or responsible to one or more municipalities, when acting pursuant to N.J.S.A. 40:55D-1 et seq.
NONCONFORMING USE
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
OFF-SITE
Shall mean located outside the lot lines of the lot in question but within the property, of which the lot is a part, which is the subject of a development application if contiguous portion of a street or right-of-way.
OFF-TRACT
Shall mean not located on the property which is the subject if a development application or on a contiguous portion of a street or right-of-way.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
Shall mean located on the property which is the subject of a development or on a contiguous portion of a street or right-of-way.
OWNER
Shall mean any person in legal possession of the fee simple title to a parcel of land or having such other interest or estate therein as will permit exercise of effective rights of ownership, possession thereof or dominion thereover.
PERFORMANCE GUARANTEE
Shall mean any security in accordance with the requirements of this chapter which may be accepted in lieu of a requirement that certain improvements be made including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERMITTED USE
Shall mean any use of land or buildings as permitted by this chapter.
PLAT
Shall mean the map of a subdivision or site plan and used interchangeably in this chapter with "plan."
a. 
SKETCH PLATShall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of this chapter.
b. 
PRELIMINARY PLATShall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
c. 
FINAL PLATShall mean the final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these requirements.
PRINCIPAL BUILDING
Shall mean the building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
PUBLIC GARAGE
Shall mean a garage conducted as a business. The rental of storage space for one commercial vehicle or for more than two pleasure vehicles not owned by a person or persons residing on the premises shall be deemed a business use.
SETBACK
Shall mean the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SITE
Shall mean any plot or parcel of land or combination of contiguous lots or parcels of land. A site can be vacant or developed.
SOIL
Shall mean any earth, sand, clay, loam, gravel, humus, rock or dirt, and includes both surface (or top) soil and subsoil.
STORY
Shall mean that portion of a building included between the surface of any aboveground floor and the surface of the floor next above. A "half story" is the area under a pitched roof at the top of a building, the floor of which is not more than two feet below the plate.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way which is an existing State, County, or municipal roadway, is shown upon a plat heretofore approved pursuant to law, is approved by N.J.S.A. 40:55D-1 et seq., or is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats. Streets shall include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street line.
STREET LINE
Shall mean the edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
SUBDIVISION
Shall mean the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:
a. 
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
b. 
Divisions of property by testamentary or intestate provisions;
c. 
Divisions of property upon court order including, but not limited to judgments of foreclosure;
d. 
Consolidation of existing lots by deed or other recorded instruments; and
e. 
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the Administrative Officer to conform to the requirements of the municipal development regulation and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "re-subdivision."
SUBDIVISION, MAJOR
Shall mean any division of land not classified as a minor subdivision.
SUBDIVISION, MINOR
Shall mean any division of land containing an aggregate of not more than three lots (two lots and the remaining parcel), each fronting on an existing street or streets; not involving a planned development or any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42 and Section 33-8 of this chapter or the extension of Township facilities; and not in conflict with any provision of the Master Plan, Official Map, or this chapter, not being a further division of an original tract of land for which previous minor subdivision(s) have been approved by a municipal agency within the past five years and where the combination of the proposed and approved minor subdivision(s) constitutes a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of the ordinance of which this is a revision as shown on the Borough tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
YARD, FRONT
Shall mean an open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight street line or the tangent lines of curved street lines. The minimum required front yard shall be the same as the required setback.
YARD, REAR
Shall mean an open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required setback.
YARD, SIDE
Shall mean an open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the tangent lines of curved side lot lines.
[Ord. 11/9/94; Ord. No. 17-07 § 1]
The Planning Board of the Borough of East Newark shall act in lieu of the Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c).
[Ord. 11/9/94; § 16-9; New]
a. 
Public notice of a hearing shall be given for the following applications for variance:
1. 
Any request for a variance.
2. 
Any request for conditional use approval.
3. 
Any request for the issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street. (See N.J.S.A. 40:55D-3 and N.J.S.A. 40:55D-60b.)
4. 
Any request for minor subdivision approval involving one or more of the aforesaid elements.
[Ord. 11/9/94; § 16-9.1; Ord. No. 17-07 § 1]
The Secretary of the Board shall notify the applicant at least two weeks prior to the public hearing at which the application will be discussed. Notice of a hearing requiring public notice shall be given by the applicant at least 10 days prior to the date of the hearing in the following manner:
a. 
By publication in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough. A copy of the notice, as printed in the newspaper, shall be submitted to the Administrative Officer.
b. 
To all owners of real property as shown on the current tax duplicate located in the State and within 200 feet in all directions of the property which is the subject of the hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above and below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. It is not required that a return receipt be obtained. Notice is deemed complete upon mailing (N.J.S.A. 40:55D-14).
c. 
Notice to a partnership owner may be made by service upon any partner; notice to a corporate owner may be made by service upon its President, a Vice President, Secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
d. 
To the Municipal Clerk of any adjoining municipality or municipalities when the property involved is located within 200 feet of the adjoining municipality or municipalities; such notice shall be given by personal service or certified mail.
e. 
To the Hudson County Planning Board when the application for development involves property adjacent to an existing County road or proposed road shown on the Hudson County Official Map or the Hudson County Master Plan or adjoins County land.
f. 
The Commissioner of Transportation of the State of New Jersey when the property abuts a State highway.
g. 
To the Director of the Division of State Regional Planning in the Department of Community Affairs when the hearing involves an application for development of property which exceeds 1,250 acres or 500 dwelling units, in which case the notice shall include a copy of any maps or documents required to be on file with the Borough Clerk.
h. 
The applicant shall file an affidavit or proof of service with the Planning Board or Board of Adjustment, as the case may be.
i. 
The notice shall state the date, time, and place of the hearing and the nature of the matters to be considered, and an identification of the property proposed for development by street address, if any, or by reference to the block and lot numbers as shown on the current tax duplicate in the Tax Assessor's office, and the location and times at which any maps or documents for which approval is sought are available for inspection.
j. 
Public utilities, cable companies and local utilities who possess a right-of-way in the municipality and have registered with the Borough in accordance with N.J.S.A. 40:55D-12.1.
[Ord. 11/9/94; § 16-9.2]
Upon the written request of an applicant, the Tax Assessor shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice. The applicant shall be charged a sum not to exceed $0.25 per name or $10, whichever is greater, for said list, and to give notices to any owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to paragraph b of subsection 33-9.2 who do not reside in the Borough.
[1]
Editor's Note: Ordinance No. 17-07 deleted "Appeals of Use Variance Approvals" previously codified in this section.
[Ord. 11/9/94; § 16-11]
Each decision on any application for development shall be reduced to writing as provided in the following subsections and shall include findings of facts and conclusions based thereon:
a. 
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
b. 
The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes action to grant or deny approval, or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
c. 
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of the majority of the members of the municipal agency who voted for the action previously taken and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of such an action of the municipal agency and not to be an action of the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
d. 
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes on the mailings, filings and publications.
[Ord. 11/9/94; § 16-11.1]
Any decision of the Board when acting upon an application for development and any decisions of the Borough Council when acting upon an appeal shall be given notice in the following manner:
a. 
A copy of the decision shall be mailed to the applicant or appellant or, if represented to his Attorney without charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision.
b. 
A brief notice of the decision shall be published in the official newspaper of the Borough if there be one or in a newspaper of general circulation in the Borough. Such publication shall be arranged by and paid for by the applicant and shall be published within four weeks from the date of the decision.
c. 
A copy of the decision and all submitted documents of record shall be filed with the Borough Clerk.
[Ord. 11/9/94; § 16-12.1]
General Business/Commercial Districts are primarily for the conduct of retail trade and general business. In a General/Business Commercial District no lot, plot, parcel or tract of land shall be used and no building, other structure or device shall be built, altered, erected or placed to be used for any purpose other than that of:
a. 
Stores, shops and business offices.
b. 
Storage yard for contractor vehicles.
c. 
Restaurants and bars.
[Added 7-14-2021 by Ord. No. 08-2021]
Within the BG/C General Business/Commercial Districts, the following conditional uses are permitted, subject to the conditions specified.
a. 
Class 5 Licensed Cannabis Retailer for medical or personal use under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
[Ord. 11/9/94]
Neighborhood Business/Commercial Districts are primarily for the development of a small convenience shopping and support area for the adjacent residential neighborhoods which can be integrated harmoniously into the adjacent residential areas. In any Neighborhood Business/Commercial District, no lot, parcel or tract of land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than that of:
a. 
Small neighborhood food or drug store, restaurant, delicatessen, dairy or ice cream store.
b. 
Gift shop.
c. 
Liquor store/neighborhood tavern.
d. 
Barber or beauty salon.
e. 
Stationery store.
f. 
Florist.
g. 
Bakery.
h. 
Laundromat or dry-cleaning establishment.
i. 
Shoe store.
j. 
Clothing store.
k. 
Bank.
l. 
Hardware store.
m. 
Real estate, insurance or travel agency.
n. 
Residential apartments above first floor business not to exceed three apartment units.
[Added 7-14-2021 by Ord. No. 08-2021]
Within the NB/C Neighborhood Business/Commercial Districts, the following conditional uses are permitted, subject to the conditions specified.
a. 
Class 5 Licensed Cannabis Retailer for medical or personal use under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
[Ord. 11/9/94 § 16-12.3; Ord. No. 17-07 § 1]
a. 
Permitted Structures and Uses. Industrial Districts are for the use and conduct of commerce and industry. The following uses and structures are permitted in Industrial Districts:
1. 
All buildings, structures and uses permitted in Business Districts.
2. 
Lumber- and coal yards.
3. 
Building material storage yards and commercial storage warehouses.
4. 
Repair and machine shops and woodworking shops without limit as to size.
5. 
Cleaning and dyeing works of any size when constructed and operated under fire safety conditions approved by the Municipal Council.
6. 
All other structures and uses except those prohibited by 33-12.4.
7. 
Cogeneration facility, as herein defined, as part of any new building or structure or located within an existing structure, subject to the following provisions:
(a) 
Such cogeneration facility shall be located wholly within the structure.
(b) 
Such use shall be accessory to the main use on the lot.
(c) 
There shall be no noise or vibration therefrom discernible from outside the building in which it is located.
8. 
Telecommunications towers as per Ordinance 01-03 (Ch. XXV).
[Added 7-14-2021 by Ord. No. 08-2021]
a. 
Within the Industrial Districts, the following conditional uses are permitted, subject to the conditions specified in § 33-12A.
1. 
Class 1 License - Cannabis Cultivator for medical or personal use under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
2. 
Class 2 License - Cannabis Manufacturer for medical or personal use under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
3. 
Class 3 License - Cannabis Wholesaler for medical or personal use under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
4. 
Class 4 License - Cannabis Distributor for medical or personal use under N.J.S.A. 24:6I-31 in accordance with § 33-12A.
[Ord. 11/9/94; § 16-12.4]
Specifically prohibited in Industrial Districts are:
a. 
Any process of assembly, manufacture or treatment constituting an unusual nuisance by reason of odor, smoke or noise when placed in proximity to residential or business areas, including but not limited to the manufacture or refining of asphalt; the manufacture or processing of cork, fertilizer, linoleum or oilcloth, soap and glue or gelatin; the tanning of hides and skins; the rendering of tallow or other fats; slaughterhouses, except for poultry; the manufacture of paint, oil and varnish; boiler works or drop forges; and the production of power in excess of 25 rated horsepower by the use of bituminous coal except with the use of smoke- and fly-ash-elimination appliances.
b. 
Any process of assembly, manufacture or treatment constituting an unusual hazard of fire, explosion or chemical fumes and gases, including but not limited to the manufacture or bulk storage of fireworks or other explosives; the manufacture or bulk storage of ammonia and chlorine; and the manufacture of illuminating gas or other explosive or poisonous gases except as may be incidental and essential to a manufacturing process permitted under this chapter.
c. 
Junkyards or automobile wrecking yards, or yards used for the storage of discarded automobiles, and yards used for the handling or storage of scrap paper, rags and bottles.
d. 
General farming operations.
e. 
The erection of a building or the structural alteration of a building for dwelling purposes, except that dwelling quarters in connection with any industrial establishment may be established in Industrial Districts for watchmen and caretakers and their families employed upon the premises.
f. 
The processing of garbage or other refuse matter by the use of an incinerator or other means designed to dispose of animals, or vegetable matter, trash, ashes or other refuse matter, either as a principal or accessory use, and including the use of land within the Industrial Districts of the Borough for the dumping of garbage for the purpose of using the same as landfill in connection with a sanitary landfill plan.
g. 
Gasoline service stations.
[Ord. 11/9/94; § 16-12.5]
The R-2 Districts are for residential units and associated uses. In a R-2 District no lot, plot, parcel or tract of land shall be used and no building, other structure or device shall be built, altered, erected or placed to be used for any purpose other than that of:
a. 
Residential units not to exceed two families per building.
b. 
Municipal buildings.
c. 
Municipal parks and open space.
d. 
Public schools.
[Ord. 11/9/94; § 16-12.6]
Within the R-2 District the following conditional uses are permitted subject to the special requirements as specified.
a. 
Private schools provided the school is housed within its own building and is not shared with any other uses other than normal activities associated with the conduct of the school.
1. 
Minimum lot area 10,000 square feet.
2. 
Minimum building setbacks as follows:
Front yard 10 feet, rear yard 50 feet, side yards 10 feet each.
3. 
Building height two stories or 30 feet, whichever is less.
4. 
Sufficient lot area shall be devoted to outdoor playground activities as may be required by State law.
b. 
Churches provided the church is housed within its own building and is not shared with any other uses except residence for the pastor of said church.
1. 
Minimum lot area 5,000 square feet.
2. 
Minimum building setbacks as follows:
Front yard 10 feet, side yards five feet, rear yard 25 feet.
[Ord. 11/9/94; § 16-12.7]
Commercial Recreation Districts are exclusively for the development of outdoor recreation facilities providing for open air activities for the enjoyment of its patrons while providing adequate open space for passive recreation activities so as to create a low intensity use harmonious with the surrounding residential neighborhood.
In any Commercial Recreation District, no lot, parcel or tract of land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than those listed below and subject to not more than 80% of the tract being utilized for any one or combination of the permitted uses listed below.
a. 
In ground swimming pool.
b. 
Paved skate boarding facilities.
c. 
Tennis and basketball courts.
d. 
Picnic grounds to include tables, grills and ancillary recreation activities to include horse shoes, boccie ball and playground equipment.
e. 
Accessory Uses as Follows:
1. 
Buildings and pavilions not to exceed 200 square feet in area and not to exceed 0.5% of the total lot area.
2. 
Fences. No fence within the Commercial Recreation District shall exceed six feet in height.
[Ord. 11/9/94; § 16-12.8]
There shall be provided within the Commercial Recreation District a minimum of 20% of the total tract area maintained as grassed open space exclusive of those areas of required setbacks as per Section 33-15, Bulk Requirements. Within this required open space picnic areas with tables and grills, horse shoe pits, boccie ball courts and children's playground equipment are permitted ancillary uses.
[Ord. No. 02-11 § 2]
This District shall include Lots 1, 2, 3, 45.03, 46.01, 47, 48 in Block 14.
a. 
Permitted Uses in MURD. Permitted uses are predominantly residential, with a combination of commercial use(s) independent of the primary residential use and/or accessory uses and accessory parking on the ground floor level and residential uses on the upper floors.
b. 
Building Height. The maximum height shall be four stories and the minimum floor to ceiling height shall be nine feet on all floors. Terraces and balconies may be provided on the interior courtyard spaces, but not on any of the frontages on the three public streets abutting this district. An interior courtyard on the second level, accessible to all is encouraged.
c. 
Parking Requirements. Parking shall be provided at a ratio of 1.5 spaces to each dwelling unit. No parking is required for any independent commercial uses. Overall required parking may be reduced by 5% for each car provided on premises (or on-street in a Borough designated reserved parking space) by any private sector car-sharing program, such as Zip-Car, up to a maximum of 20% reduction in the required parking.
All off-street parking areas shall be secured with remote controlled entrance gates and/or doors. Because of this requirement, all such entrances may be a minimum of 10 feet, any other provision to the contrary notwithstanding. The parking area under the building shall be fully enclosed, be heated and be mechanically ventilated or, if naturally ventilated, provided with a heated plenum under all residential floors above. Any parking spaces under the main building but only accessible from an exterior entry point, shall provide either a heated plenum under any residential floors above or fully insulated voids beneath the residential floors and secured roll-up remote controlled access doors to each such parking space.
d. 
Building Material and Design Elements. Materials and design elements shall employ the character of the important historic buildings in the Borough including the Clarke Thread Mill and the East Newark Elementary School, while keeping the overall design obvious as one built during the 21st Century. This means elements such as red brick and Victorian cornices will be incorporated with modern materials and facade design elements.
e. 
Streetscape and Landscape. Streetscape elements shall be provided that use the Central Avenue concept as appropriate for this section of the Borough. Brick pavers shall be incorporated into the streetscape as well as streetlights and street trees. Only street trees that are low pollen producers shall be allowed, to be certified by a landscape architect on the landscape plan required for Planning Board site plan review.
[Added 7-14-2021 by Ord. No. 08-2021]
Wherever conditionally permitted, cannabis uses as defined herein shall be permitted, subject to the following:
a. 
Licensing.
1. 
All licensing shall be in accordance with state licensing rules. Vertically integrated licenses shall be in accordance with N.J.S.A. 24:6I-31.
2. 
The maximum number of cannabis-oriented businesses shall not exceed two for each "Class" type as defined by P.L. 2021, c. 16 that are permitted within the Borough (cultivation, manufacturing, wholesaling, distribution, and retail). Cannabis-oriented businesses include both medical use and personal use. A cannabis business engaging in medical and personal cannabis shall count as one towards the maximum number of each "Class" type.
b. 
On-site consumption of cannabis or cannabis-derived products including smoking, ingesting edibles, or applying topical applications, or any other means of ingestion shall be prohibited. Cannabis retail establishments are not permitted to have lounge areas as part of their establishment.
c. 
Signage.
1. 
All signage shall conform to Chapter 28, except as detailed in this section.
2. 
All signage shall be limited to the name of the business. Illustrations, pictures, and other imagery is prohibited.
3. 
Moving, rotating, animated, blinking, flashing, or internally illuminated signs are prohibited.
4. 
All signs shall be constructed of durable materials maintained in good condition and not be allowed to become dilapidated.
5. 
Signs shall not be internally illuminated. Signs shall be permitted to be illuminated externally with goose-neck, up-lighting, or similar fixture types. Any external lighting shall be focused on the sign.
6. 
Projecting signs shall be prohibited.
7. 
Window signs and window advertisements shall be prohibited.
8. 
Retail and establishments shall be limited to one facade sign not to exceed 10% of the storefront area. In no case shall the facade sign exceed 25 square feet.
9. 
Cultivation, manufacturing, wholesale, and distribution facilities located in the I - Industrial Zones may have one facade sign not to exceed 10% of the primary facade area. In no case shall the facade sign exceed 35 square feet. One freestanding sign in addition to the permitted facade sign shall be permitted.
10. 
Freestanding signs shall be subject to the same content restrictions as facade signs. Freestanding signs are permitted at driveway entrances and signs shall not exceed 25 square feet and five feet in height, and shall be set back a minimum of five feet from any property line.
d. 
Transparency and product visibility.
1. 
Cannabis plants, products, accessories, and paraphernalia contained within a cannabis retail business are not permitted to be displayed in the windows of the retail establishment. Windows of the establishment are not permitted to be obstructed in a manner that would prevent the East Newark Police Department from being able to see into the establishment for security reasons.
2. 
An identifiable primary entrance to the facility shall be located on the primary front facade and visible from the public right-of-way.
3. 
All fenestrations must be transparent for retail establishments. No window shall be coated in any type of protective film, laminate or glazing which advertises or promotes the business or its products and prevents the East Newark Police Department from being able to look into the establishments for security reasons. Tinting is permitted to mitigate sunlight only.
e. 
Locations.
1. 
No cannabis retail business shall be located within 250 feet of a school of any kind or a licensed day care or child-care facility, as measured from the property line.
2. 
No cannabis retail business shall be located within 250 feet of playground, park, as measured from the property line.
3. 
No cannabis cultivation, manufacturing, wholesale, or distribution facility may be adjacent to or share a property line with a residential use or zone.
f. 
Hours of operation. Retail operations shall be limited to 9:00 a.m. to 9:00 p.m. on Monday through Saturday and 11:00 a.m. to 8:00 p.m. on Sunday, with the exception of on-site security.
g. 
Odor mitigation.
1. 
All cannabis facilities shall be enclosed in heated/air-conditioned buildings.
2. 
All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor absorbing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line. The ventilation system and its maintenance, including the schedule indicating how frequently filters will be replaced, must be approved by the Borough of East Newark Health Department.
h. 
Security.
1. 
All proposed cannabis-oriented businesses shall be required to submit a security plan as part of a permit application and a site plan application. Details shall be provided for all safes, security systems, and hours of proposed on-site security. The security plan shall be submitted to the East Newark Police Department for review and approval.
2. 
All cannabis-oriented businesses shall be required to utilize a video recording system for all areas within the buildings and outside all entrances and exits. Video recording systems shall operate 24 hours, seven days a week. The security footage shall be stored for a minimum of 30 days.
i. 
Additional application requirements.
1. 
All cannabis-oriented businesses shall be subject to site plan review by the Planning Board.
2. 
All cannabis-oriented businesses shall provide the following information, as part of the site plan application:
(a) 
All cannabis businesses shall provide a copy of any license application or license to the state or Borough, including any agreements or conditions of approval.
(b) 
All cannabis businesses shall provide a resolution adopted by the Borough Council in support of the application. Failure of the cannabis business to obtain a resolution of support from the Borough Council will invalidate any approvals made by the Planning Board. Cannabis-oriented businesses may be required to enter into a community host agreement, by and between the cannabis-oriented business and the Borough.
(c) 
On-site security measures both physical and operational.
(d) 
Odor mitigation/management plan detailing all proposed ventilation and filtration/treatment systems.
(e) 
Employee safety and training plan.
(f) 
A statement on neighborhood compatibility and a plan for addressing potential compatibility issues.
(g) 
Waste management plan.
(h) 
Cannabis cultivators and manufacturers shall provide a storage and hazard response plan for all pesticides, fertilizers, solvents, and any other hazardous materials kept on the cultivator or manufacturer's site. Plans shall include a list of all pesticides, fertilizers, solvents, and any other hazardous materials that are expected to be used in the cultivation or manufacturing process.
(i) 
Vicinity map showing at least 1,000 feet of surrounding area and the distances to the following uses: any school, park, playground, recreation or youth center, and residential zones or uses. Distance shall be measured from the nearest point of the property line of the site that contains the cannabis business to the nearest point of the property line of the enumerated use using a direct straight-line measurement.
[Ord. 11/9/94; § 16-13]
Parking shall be provided at the ratio as required per Section 33-15. Each parking space shall consist of a nine-foot width and a length not less than 18 feet.
[Ord. 11/9/94; § 16-13]
a. 
A nonconforming activity, use, structure or lot may not:
1. 
Be enlarged or extended.
2. 
Be changed to another use, activity, structure or lot size that is nonconforming.
3. 
Revert to nonconformity after having once been made conforming.
4. 
Be reinstated if the activity or use is discontinued for a period of 12 consecutive months, regardless of the intent to abandon.
5. 
Be restored in case of destruction, provided that this restriction shall not be construed to prohibit restoration or repair of a nonconforming structure in the event of partial destruction.
b. 
Notwithstanding the foregoing provisions of paragraph a, a nonconforming activity use or structure within the Business District consisting of retail merchandising or services dealing directly with the consumer, except the operation of junkyards and used car lots, may be enlarged or extended or may be reinstated if it is discontinued for a period in excess of 12 consecutive months, unless it has been changed to a conforming use during such period, or may be restored in case of destruction regardless of the magnitude of the destruction, provided that such enlargement, extension or restoration complies with all other applicable provisions of this chapter.
[Ord. 11/9/94; § 16-14.1]
a. 
In interpreting and applying provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, public safety, convenience, prosperity and general welfare.
b. 
The provisions of this chapter shall be enforced by the Construction Official. The Construction Official shall be a member of the Department. The Construction Official shall 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, which shall form a part of the records of his office and shall be available for the use of the Municipal Council and other Borough officials.
[Ord. 11/9/94; § 16-14.2]
a. 
A zoning permit shall be secured from the Construction Official Inspector prior to construction, erection or alteration of any building or part of building or structure having a cost or valuation of $100 or more and of all stationary signs and billboards larger than 20 square feet.
b. 
A request for a zoning permit shall be made in writing by the owner or his authorized agent. It 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 dimensioned, showing the proposed building in its exact relation to lot and street lines. A building permit issued in accordance with the building code shall satisfy the purpose of a zoning permit upon compliance with the conditions and requirements of this chapter.
[Ord. 11/9/94; § 16-14.3]
No building constructed, erected or altered after November 1, 1994 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 Construction Official, certifying that the building or use complies with the provisions of this chapter. An occupancy permit shall be granted or denied within 10 days from date of written application therefor.
[Ord. 11/9/94; § 16-14.4]
The Construction Official may issue a special permit, upon authorization of the Board.
[Ord. 11/9/94; § 16-14.5]
The Council may, from time to time, on its own motion or on petition, after public notice and hearing, amend, supplement or change the regulations and districts herein established and adopt rules and regulations for the purpose of interpreting and carrying this chapter into effect. When owners of more than 50% of the frontage within a district or part of district comprising not less than one block shall present to the Council a duly signed petition for the change, relocation or revision of said district or part of district, the Council shall act upon the petition within 60 days after the filing of the petition with the Borough Clerk. The petition shall be accompanied by a map showing the area for which the change of district is asked and all immediately abutting property and uses thereof and shall be accompanied by a statement setting forth the grounds or reasons for the proposed change. In case of protest against such proposed change, signed by owners of 20% or more of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending 100 feet therefrom or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of 3/4 of all members of the Municipal Council.
[Ord. 11/9/94; § 16-14.6]
Due public notice and hearing as required by this chapter shall be interpreted as being the same as applies to all other ordinances of the Borough.
[Ord. 11/9/94; § 16-14.7; New]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 as established in Chapter 1, Section 1-5, General Penalty. A separate offense shall be deemed on each day during or on which a violation occurs or continues.
[Ord. 11/9/94 § 16-15; Ord. No. 06-15; Ord. No. 04-17]
[1]
Editor's Note: The Bulk Requirements table is included as an attachment to this chapter.