[Ord. 9/5/78, S1.1]
This chapter shall be known as and referred to as the Zoning Ordinance of the Borough of Sussex, Sussex County, New Jersey.
[Ord. 9/5/78, S1.2]
This chapter is enacted for the following purposes: to promote the health, safety, morals and general welfare of the inhabitants of the Borough, to lessen congestion in the streets; secure safety from fire, flood, panic, and other dangers; provide adequate light, air, and open space; prevent the overcrowding of land or buildings; avoid undue concentration of population; and to conserve the value of property and encourage the most appropriate use of land; to promote the establishment of appropriate population densities and concentrations that will contribute to the well being of persons, neighborhood, communities and preservation of the environment; 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 will result in congestion or blight; to promote a desirable visual environment through creative development techniques and good civic design and arrangements; to promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
[Ord. 9/5/78, S1.3]
It is also the purpose of this chapter to state as clearly and simply as possible the intended requirements to encourage wide understanding of its meaning, and to avoid costly technical and legal problems. For the purposes hereinabove mentioned, this chapter designates, regulates and restricts the location and use of buildings and structures and land for residents, commerce, trade, industry and other purposes; the height and number of stories and size of buildings and other structures hereinafter erected or altered; regulates and determines the sizes of yards and other open spaces; and regulates and limits the density of population. In order to effect its purpose this chapter divides the Borough into zoning districts of such number, shape and area as may be deemed the best to carry out the purposes of this chapter.
[Ord. 9/5/78, S2.1]
For the purposes of this chapter, the Borough is hereby divided into the following types of zone districts:
[Ord. 9/5/78, S2.2]
The accompanying explanations express the intent of the Borough in establishing the districts, and shall be used as a guide in instances of question, in the recognition that all conceivable uses and circumstances may not be foreseen:
[Ord. 9/5/78, S2.2.1]
This zone is intended to apply to existing and projected future areas of predominantly one family homes.
[Ord. 9/5/78, S2.2.2]
This zone is established to recognize existing area of two family homes in certain sections of the Borough, and to allow a limited amount of new two family home construction and conversion of existing large homes under strict development standards; as well as to allow new office construction and conversion of existing residential buildings to office use, again, under strict development standards, recognizing that there is a need for such offices in the community and that the areas involved are less appropriate for exclusive, one family residential development than the R-I zone.
[Ord. 9/5/78, S2.2.3]
The intent of this zone is to provide for the further development of multifamily dwellings up to two stories in height in areas where this is appropriate due to existing garden apartment development or other factors, under strict controls as to density, recreation, parking facilities and other standards.
[Ord. 9/5/78, S2.2.4]
This zone provides for commercial uses primarily including retail stores and consumer services and forming the central shopping area of the community.
[Ord. 9/5/78, S2.2.5]
This zone is intended to allow for the further extension of the central business district through the encouragement of redevelopment of the abandoned creamery and railroad station area toward Clove Brook and the abandoned school site on top of the hill.
[Ord. 9/5/78, S2.2.6]
This zone is intended to allow for existing and potential commercial uses other than retail stores and eating places in order to provide space for these uses in appropriate areas while at the same time restricting retail uses to the C-1 zone in order to maintain a strong central shopping area and prevent adverse effects from outlying, scattered retail stores.
[Ord. 9/5/78, S2.2.7]
This zone is intended to provide for the orderly future growth of existing institutions such as regional hospitals, nursing homes and the like.
[Ord. 9/5/78, S2.2.8]
This zone is intended for parklands, as well as for agricultural and light industrial uses. This farm area, which in part is occasionally flooded, is currently zoned for light industrial uses. The master plan recommends that a 100 foot wide scenic river easement along Clove Brook be reserved, together with a 2 - 3 acre site opposite to Sussex Center, which is proposed to be developed for municipal park purposes. This park and playground would be connected by a footbridge to Sussex Center and hence be readily accessible to shoppers and visitors alike.
[Ord. 9/5/78, S2.2.9]
The intent of this zone is to permit manufacturing operations which will contribute to the employment and tax base of the community but which will not cause nuisances such as noise, smoke and heavy trucking. The southern end of Sussex Borough along Clove Brook is reserved for industrial and utilities uses, because the municipal garage, the sewer treatment plant, the utility and also the plastics company facilities are already located there.
[Ord. 9/5/78, S2.2.10]
This zone is intended to provide for the orderly existence and future expansion of public and semi-public facilities such as schools, parks, municipal buildings, swimming beaches, churches and the like.
[Ord. 9/5/78, S2.3]
The boundaries of the districts are hereby established as shown on the map entitled "Zoning Map of the Borough of Sussex" dated 1977, which accompanies and is made a part of this chapter. The map is on file in the office of the clerk of the Borough and is available for inspection, and copies thereof are available to interested members of the public.
[Ord. 9/5/78, S2.4]
District boundary lines are intended to follow street center lines and lot or property lines as they existed as of the date of enactment of this chapter unless otherwise indicated by dimensions on the zoning map. The exact location of any disputed district boundary line shall be determined by the zoning board of adjustment upon proper application made by any interested party.
[Ord. 9/5/78, S3.1]
Except where it is specifically defined herein, all words and terms used in this chapter shall carry their customarily accepted meanings: "lot" includes the words "plots" or "parcels"; "building" includes the words "structure"; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed, to be used or occupied"; "dwelling" includes the word "residence". It is not the intent of this chapter that any prohibited use or occupation shall be allowed because of a technical distinction in the meaning of any word. The following words or terms shall have the following meaning when used herein:
[Ord. 9/5/78, S3.2; Ord. 85-13; Ord. 3/25/86; Ord. 12/8/86; Ord. 09/95, S1; Ord. 05-2000, S1; Ord. 03-2001, SI; Ord. 2008-26, S1]
- ACCESSORY BUILDING OR USE
- Shall mean a use or structure customarily incident and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.
- Shall mean the use of land for farming or horticultural use or for raising poultry or livestock or otherwise devoted to any use contemplated by R.S. 54: 5-23.3.
- As applied to a building, this term means a change or rearrangement of supporting members, or exit facilities, or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another.
- Shall mean a system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
- ANTENNA SUPPORT STRUCTURE
- Shall mean a structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
- Shall mean a dwelling unit located in a building containing one or more similar units and adjoining said similar units above, below or to the side and which may share with said similar units common facilities, such as entryways, hallways, and utility systems.
- AUTOMOBILE OR TRAILER SALES AREA
- Shall mean an open area used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
- Shall mean a portion of a building partly underground, but having less than one-half of its clear height below the average grade of the adjoining ground.
- BOARDING HOUSE
- Shall mean a dwelling wherein not more than five people are sheltered or fed for profit.
- BUFFER STRIP
- Shall mean any concentration of massed trees or shrubbery as existing and to be preserved or to be placed parallel to a property line or zone district boundary line as a transition strip for the purpose of screening incompatible uses, unsightly uses, dust, noise or traffic. Such strip shall consist of dense growth from the ground to a height of not less than five feet. No structure shall be placed in a "buffer strip" and it shall be unbroken except for vehicle accessways or sidewalks. "Buffer strips" shall be planted with evergreens and deciduous trees as follows:
- BUILDING HEIGHT
- Shall mean the vertical distance measured from the average 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 a point halfway between eaves and ridge for gable, hip and gambrel roofs.
- BUILDING LINE
- Shall mean a horizontal line across a lot parallel to the front lot line at the required distance from the street center line or right-of-way line.
- BUILDING, MAIN OR PRINCIPAL
- Shall mean a building in which is conducted the main or principal use of the lot on which the building is located.
- Shall mean a portion of the building partly underground having one-half or more than one-half of its clear height below the average grade of the adjoining ground. Any space in which the ceiling or underside of beams is less than four feet above the surrounding grade. Not counted as a story in residential buildings.
- CENTER LINE OF STREET
- Shall mean the line midway between and parallel to the two right-of-way lines of a street.
- Shall mean lands and buildings devoted to and used exclusively for religious worship or asylum and entitled to exemption from taxation pursuant to the provisions of N.J.S.A. 55:4-3.6.
- CIVIC BUILDINGS
- Shall mean buildings owned by a governmental unit or by a non-profit or religious corporation which is used primarily for public gatherings for the purpose of promoting public education or knowledge or the general welfare.
- CLUB HOUSE
- Shall mean a building to house a club or social organization which is not conducted for profit and which is not adjacent to or operated by or in connection with a public tavern, cafe or other public place.
- Shall mean use of common PTWF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a PTWF on a structure owned or operated by a utility or other public entity.
- COMMERCIAL VEHICLES
- Shall mean trucks, buses, sedan delivery vehicles, station wagons with advertising matter on the side or any other commercially used vehicles except as passenger car with no advertising matter exposed to view and any vehicle registered as a commercial vehicle and displaying commercial plates.
- COMMON OWNERSHIP
- Shall mean ownership of two or more contiguous parcels or real property by one person or by two or more persons owning such property jointly or as tenants by the entirety or as tenants in common.
- 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 application or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the planning board or zoning board of adjustment.
- Shall mean the dividing or redividing of a residential unit, or any other existing structure, into more than one dwelling unit.
- Shall mean the ground area of all buildings on the lot, divided by the lot area, and expressed as a percent.
- CRAFT CENTER
- Shall mean studios, workshops, ateliers, and other similar craftmen's premises for creative hand crafts, boutiques and retail outlets for the crafts products and accessory dwelling units for resident craftsmen.
- Synonymous with the term "zone"; part of the territory of the Borough to which certain uniform regulations of this chapter apply.
- DOMESTIC ANIMALS
- Shall mean small tame animals normally kept or maintained in or about a dwelling as a pet, such as dogs, cats, and other similar household pets.
- DUPLEX APARTMENT
- Shall mean a detached building containing only two dwelling units.
- EDUCATIONAL INSTITUTION
- Shall mean education or training institutions providing instruction in such courses as adult education, ballet, business schools, ceramics and art studios, day schools, gymnastics classes, music schools, nursery schools and similar subjects.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including electric substations, telephone dial centers, poles, towers, 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. Essential services shall include firehouses, first aid and emergency aid squads, whether provided by a municipal or non-profit agency, pumping stations, sewerage treatment facilities, standpipes and water storage tanks.
- Shall mean any number of individuals living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common, but not including those individuals living in a hospital, nursing home, sanitarium, hotel, motel, boarding house, fraternity house, or similar building or institution provided that not more than two people not related by blood, adoption or marriage shall be a family.
- FARM BUILDING
- Shall mean any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, provided that such building is located on, operated in conjunction with and necessary to the operation of a farm.
- Shall mean an artificial constructed barrier of wood, masonry, stone, wire, metal or other manufactured or natural material (including shrubbery hedges) or combination of materials erected for the enclosure of land and/or dividing one piece of land from another.
- FLOOR AREA, LIVABLE
- Shall mean the total floor area of a dwelling but not including rooms with more than one-half of their cubic area below finished grade, rooms for heating equipment, garages, unenclosed porches, breezeways or other unheated areas. For the purpose of this chapter, floor area covered in whole or in part by a sloping ceiling shall be counted toward minimum livable floor area only for that portion having headroom of at least five feet six inches, provided further that at least 75 percent of such floor area has a ceiling height of at least seven feet six inches, and provided further that if such floor is situated above another floor, it shall be accessible from other livable floor areas in the dwelling by means of a permanent built-in stairway.
- FRONT YARD
- Shall mean an open, unoccupied space (unless occupied by a use or structure permitted by this chapter or other Borough regulation) extending across the full width of any lot and lying between the street right-of-way and the nearest building on such lot.
- GARAGE, PRIVATE
- Shall mean a detached or attached structure used only for the storage of vehicles owned or rented by the occupant of the principal structure or by his family.
- GARAGE, PUBLIC
- Shall mean any garage other than a private garage which is open to the public and used for the storage of motor vehicles.
- GARDEN TYPE APARTMENT
- (See Definition of Dwelling).
- Shall mean, when referring to a tower or similar structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
- HISTORIC DISTRICT
- Shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
- HISTORIC SITE
- Shall mean any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the master plan as being of historical, archeological, cultural, scenic or architectural significance.
- HOME OCCUPATION
- Shall mean an occupation for gain or support conducted only by members of a family owning and residing in a one family dwelling unit plus not more than one person not a resident of the dwelling unit provided that the resident owner of the dwelling unit is an on-site operator of the occupation; that the residential character of the building and property is not changed; that the occupation is conducted entirely within the dwelling in either the first floor or the basement, but not both; that not more than the equivalent of 50 percent of the area of the first floor in the dwelling unit used for the occupational or related use; that no sounds caused by the home occupation are audible outside of the building; that no display or advertising material is visible from outside the building; that no article is sold or offered for sale on the premises unless same is incidental to the service being offered; that no machinery or equipment is used, which will cause electrical or other interference with radio and television reception in neighboring residences; that the occupation shall not add to the traffic flow of the neighborhood, that the nature of the occupation does not require providing for additional off-street parking, and that no hazardous materials, as defined by the New Jersey Department of Environmental Protection shall be used in the home occupation.
- An institution (which is licensed as a "hospital" by the
State of New Jersey) providing primary health care services, consisting
of medical and surgical care for persons on both an inpatient and
outpatient basis, with the number of beds being sufficient to accommodate
the inpatient demand. The purpose of the health care being provided
is to offer services to persons suffering from contagious and other
similar disease, injury, deformity and other physical conditions.
Included as part of a hospital are such ancillary uses as laboratories,
outpatient facilities, training and exercise facilities, medical offices
and other support services and infrastructure. All hospitals, as so
defined, must obtain a certificate of need from the State of New Jersey.[Amended 5-15-2018 by Ord. No. 2018-02]
- Shall mean a building which contains furnished living units for its occupants, 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 as lobby, mail and valet services, linens, central dining room, lounges, concessions, room service, dispensary, game and hobby rooms, public assembly area, and other services and features customarily provided in a hotel, including 24 hour office service. Living units may be provided for the sole use of resident employees, provided same do not exceed three percent of the living units provided.
- LIGHT MANUFACTURING
- Shall mean the manufacture, compounding or assembly of articles from previously prepared materials (as opposed to the processing of raw materials) using processes which create no significant nuisance as defined in this chapter.
- Shall mean animals which are raised, kept or maintained as or for the provision of a product or service which for the purposes of this chapter, shall be interpreted to include among others, cattle, horses, sheep, goats, swine, chickens, and fur bearing animals such as mink or chinchilla.
- Shall mean a piece or parcel of land abutting on a street, the area of which in addition to the parts thereof occupied or which may hereafter be occupied by a principal building and its accessory buildings, is sufficient to provide the yard spaces required by this chapter and which conforms to minimum area requirements of this chapter. In the event that more than one plot or lot as set forth on any map filed in the Sussex County Clerk's office, or lot as set forth on the present or future tax maps of the Borough is used in part or in full with one or more other such plots or lots for the creation of a building and its accessories, including yards required by this chapter, the aggregate of all such plots or lots shall for the purpose of this chapter be deemed to be one lot.
- LOT AREA
- Shall mean the total area of a lot within the lot lines.
- LOT CORNER
- Shall mean a lot having frontage on two or more streets intersecting at an angle of less than 135 degrees.
- LOT DEPTH
- Shall mean the average horizontal distance between the front line and the line of the lot opposite thereto.
- LOT LINE FRONT
- Shall mean the street line of a lot. For a corner lot the front lot line shall be considered to be the shortest street line. A lot which extends through a block from street to street shall be considered to have two front lot lines and no rear lot line.
- LOT LINE REAR
- Shall mean the property line of a lot which is most distant from and most nearly parallel to the front lot line.
- LOT LINE SIDE
- Shall mean any property line of a lot which is not a front or rear lot line.
- LOT WIDTH
- Shall mean the distance between the side lot lines measured along the building line.
- NONCONFORMING BUILDING
- Shall mean a building or structure or portion thereof lawfully existing as of the date of the adoption of this chapter which was designed, erected or structurally altered so that it does not conform to the regulations of the district in which it is located.
- NONCONFORMING LOT
- Shall mean a lot or a parcel which does not have a minimum width or contain the minimum area of the zone in which it is located, or the use to which it is being put.
- NONCONFORMING USE
- Shall mean a use which lawfully occupies a building or land as of the date of the adoption of this chapter and which does not conform with the use regulations of the district in which it is located.
- Shall mean an offensive, annoying, unpleasant or obnoxious thing or practice; a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's rights including the actual or potential emanation of any physical characteristics or activity or use across a property line which can be perceived by or affect a human being of ordinary sensibility; or the generation of an excessive or concentrated movement of people or things, such as but not limited to: noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, noise or congregation of people, especially at night, passenger traffic, transportation of things by truck, rail or other means, invasion of nonabutting frontage by parking.
- NURSERY SCHOOL
- Shall mean a school designed to provide daytime care or instruction for two or more children from two to six years of age inclusive and operated on a regular basis.
- NURSING HOME
- Shall mean any premises meeting the standards of the New Jersey State Department of Institutions and Agencies to operate as a nursing home.
- OFF-STREET PARKING
- Shall mean an area, not on a street and at least ten by 20 feet, accessible from the street, both suitable and intended for the parking of a passenger motor vehicle.
- PARKING AREA, COMMERCIAL
- Shall mean an open area, deck or structure, other than a street or other public way, used for the parking of automobiles, and available to the public whether for a fee, free or as an accommodation for clients or customers.
- PARKING SPACE
- Shall mean an area of not less than 200 square feet (ten feet wide and 20 feet long) for the parking of a motor vehicle either within a structure or garage or in the open which, except in the case of residential properties, shall be exclusive of driveways or access drives.
- PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
- Shall mean facilities for the provision of the wireless communication services, including, but not limited to, antenna, antenna support structure, telecommunications towers, and related facility other than PWTEFs.
- PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
- Shall mean accessory facility serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.
- PRINCIPAL BUILDING OR USE
- Shall mean the primary purpose for which a lot or a main building is used.
- PRIVATE GARAGE
- Shall mean a building which is accessory to a dwelling and which is designed for the storage or parking of not more than three private passenger automobiles or commercial vehicles of a like size or for the storage or parking of vehicles used on the premises for agricultural purposes; provided that such building is not used or operated as a business.
- RECREATIONAL FACILITY ENCLOSURE
- Shall mean a fence that encloses tennis courts, basketball courts, handball courts and other recreational areas, which are substantially similar and which are designed to contain balls and other objects.
- RETAINING WALL
- Shall mean any wall more than two feet above grade in height and more than three courses, constructed for the purpose of retaining fill or soil.
- RIGHT-OF-WAY LINE
- Shall mean the property line separating the street from abutting land.
- ROOMING HOUSE
- Shall mean a dwelling unit containing rooms for the rooming and/or boarding of individuals.
- Shall mean public, parochial and private, elementary and secondary schools duly licensed by the State of New Jersey, attendance at which is a sufficient compliance with the compulsory education requirements of the state.
- Shall be defined as stated in Subsection 19-1.8 et seq.
- Shall mean a street, road, highway or other public thoroughfare which has been approved or accepted by the Borough.
- STREET FRONTAGE
- Shall mean that portion of the street line (or in the case of corner lots, the street line as extended to the center line of the abutting street) which lies upon or within the boundary line of any lot.
- STREET LINE
- Shall mean the right-of-way of a street as shown on the records of Sussex County or as otherwise legally established and the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from sidewalk line, curb line or edge-of-pavement line. In cases where title runs to the center of the street subject to the public easement, the right-of-way line shall be considered the street line. On a street shown on the adopted master plan of the Borough the street line shall be considered to be the proposed right-of-way line from the street.
- Shall mean anything constructed or erected which has or requires permanent location on the ground or attachment to something having such location.
- TELECOMMUNICATIONS TOWER
- Shall mean a freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
- TOURIST HOME
- Shall mean a dwelling in which accommodations are provided for sleeping or feeding not more than ten transient overnight paying guests.
- Shall mean the teaching or instruction of academic, business or artistic subjects.
- VETERINARY HOSPITAL
- Unless otherwise specified, shall mean and be deemed to be any structure containing facilities for diagnosis and treatment or other care of ailments incurred by animals owned by other than the operator or owner of the structure.
- WIRELESS COMMUNICATIONS
- Shall mean any personal wireless service as defined by the Federal Telecommunications Act of 1996 (FTA), as amended, which includes FCC license commercial wireless telecommunication services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhance specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. Specifically excluded from this definition is any amateur facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
- YARD, FRONT
- Shall mean an open space extending the full width of the lot the depth of which is the minimum horizontal distance between the nearest point on the street line and the nearest part of the main or accessory building.
- YARD, REAR
- Shall mean an open space extending the full width of the lot between the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building toward the nearest point of the rear lot line. Only accessory structures shall be located in the rear yard in accordance with the provisions of this chapter.
- YARD, SIDE
- Shall mean an open space extending from the front yard to the rear yard between the main building and the side lot line. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.
- ZONING PERMIT
- Shall mean a document signed by the zoning officer which is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with all provisions of this chapter or a variance therefrom duly authorized according to law.
[Ord. 9/5/78, S4.1]
Except as previously or hereinafter provided, it shall be unlawful to locate, relocate, erect, construct, reconstruct, enlarge, or structurally alter any building or structure except in conformity with the regulations of the district in which such building or structure is located.
[Ord. 9/5/78, S4.2]
Except as previously or hereinafter provided, it shall be unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located.
[Ord. 9/5/78, S4.3]
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter provided that construction from such plan shall be or shall have been started within 60 days from the date of issuance thereof and shall be diligently pursued to completion.
[Ord. 9/5/78, S4.4]
No open space contiguous to any building shall be encroached upon or reduced in any manner except in conformity to the yard, lot, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated elsewhere in this chapter for the zone for which the building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and the certificate of occupancy for such building shall become null and void.
No open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing open space for any other building.
[Ord. 9/5/78, S4.5]
Within any residential district no building shall be constructed or altered so as to be inharmonious with the residential character of the area. The following types of construction shall be considered not to be residential in character:
[Ord. 9/5/78, S4.6]
No store, shop or office in any building shall use any noise making instruments such as phonographs, loud speakers, amplifiers, radios; televisions or similar devices which are so situated as to be heard outside the building; provided, however, that nothing herein shall be deemed to prohibit the playing of holiday music in commercial districts in connection with holiday displays and decorations sponsored by any civic or business group and approved by the Borough Council.
No smoke, fumes or objectionable odor shall be emitted from any building in any zone nor shall any accumulation of trash, garbage, offal, junk or the like be permitted. No livestock shall be kept on tracts of less than six acres.
The storage or display of merchandise on the exterior of any building or on any public street or sidewalk is prohibited, except as otherwise specifically permitted and regulated in this chapter; but this section shall not be construed to prohibit the maintenance of garden shops, restaurant terraces and similar areas maintained in connection with a store or other business establishment, provided such areas are enclosed by a wall, trellis or screened planting at least four feet in height and further provided that such outdoor storage shall be subject to site plan approval.
[Ord. 9/5/78, S4.7; Ord. 2009-18, S1]
No lot shall have erected upon it more than one residential building except as otherwise specifically authorized in this chapter.
Porches, balconies, breezeways and terraces shall not be considered as part of a principal structure and may project into required open spaces.
The minimum lot widths of corner lots in all residential districts shall be 20 percent larger than the minimum lot widths required under the respective bulk regulations.
The height limitations of this chapter shall not apply to chimneys, church spires, stand pipes, gables, cupolas, flag poles, monuments, television antennae or towers, cables, lofts or water tanks, elevator housings and similar structures and necessary mechanical appurtenances for the zone in which the building is located; provided that no such exception shall cover at any level more than ten percent of the area of the roof on which it is located.
An accessory building attached to the main building shall comply with, in all respects, the requirements of this chapter applicable to the main building.
An accessory building in a residence district or a private parking area shall not be located in any required front yard space.
Accessory buildings in residence districts shall not exceed one story or 15 feet in height and may not occupy more than 30 percent of the required rear yard.
In residence districts the minimum distance of any accessory building from an adjacent building shall be five feet. An accessory building may be permitted to straddle a side or rear lot line for service to two residences by common consent of the adjoining property owners concerned.
Private Pools. Private pools in yard areas of single-family lots shall be permitted provided:
They shall be located only in rear or side yard areas.
The edge of any pool shall be at least ten feet from all property lines and ten feet from any structure.
In the case of a pool in a side yard, the same setbacks apply and a six foot fence shall be required to create a buffer between the pool and the road.
[Ord. 9/5/78, S4.8]
No commercial vehicle exceeding 3/4 ton rated capacity shall be parked or maintained on any premises in the residential districts other than in an enclosed building. No tractor trailer, or diesel-operated commercial vehicle shall be kept or maintained on any premises in a residential zone or district except on a farm, and then may not be kept within 300 feet of any residence on adjoining property.
[Ord. 9/5/78, S4.9]
Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership or under contract of sale as of the date of adoption of this chapter, when the owner thereof owned and continues to own no adjoining lands may be used as a lot for any purpose permitted in the zone, provided that all other regulations prescribed for the zone by this chapter are complied with.
[Ord. 9/5/78, S4.10]
The removal of sod, loam, sand, gravel or quarried stone for sale, and any substantial excavation or addition of material on a lot to alter its topography, except when incidental to, or in connection with, the construction of a building on the same lot shall be permitted only on application for the special approval of the planning board. Any area from which sod is removed and which is not covered with building, pavement or other surface covering, shall have topsoil replaced and be reseeded.
No buildings shall be erected in areas subject to flood or on soil saturated with water for more than three months of the year, unless satisfactory evidence, as determined by the Borough Engineer, is submitted to demonstrate that these conditions will be adequately alleviated as part of the proposed construction. No filling of swamps or diversion of stream channels shall be undertaken without approval of the Borough Council upon the recommendation of the Borough Engineer.
[Ord. 9/5/78, S5.1]
Any nonconforming uses or structures existing as of the date of adoption of this chapter may be continued upon the lot or in the building so occupied and any structure may be restored or repaired in the event of partial destruction thereof subject to the requirements of this chapter.
[Ord. 9/5/78, S5.2]
No nonconforming building may be enlarged or expanded to cover a larger area than it occupied at the date of adoption of this chapter. No nonconforming use may be extended or expanded over a larger area than it occupies at the time of enactment of this chapter.
[Ord. 9/5/78, S5.3]
Anything contained elsewhere in this chapter to the contrary notwithstanding, any single-family dwelling which was in existence on the date of the adoption of this and which is totally destroyed in any manner either by design or by accident, may be reconstructed upon its former location provided that the exterior dimensions of such dwelling, as reconstructed, are no greater than the exterior dimensions of the original structure. Such reconstruction shall not constitute a violation of any of the yard, area, height, or building area requirements of the zone within which such dwelling is located.
[Ord. 9/5/78, S5.4]
After a nonconforming building or use has been converted to a permitted use it shall not be changed back again to a nonconforming use.
[Ord. 9/5/78, S5.5]
Once a nonconforming use has been abandoned such use shall not be recommenced. Cessation of a nonconforming use for a continuous period of one year may be taken as prima facie evidence of an intent to abandon such use.
[Ord. 9/5/78, S5.6]
Any parcel of land with an area or dimension less than that prescribed for a lot in the zone in which such lot is located, which parcel was in existence at the date of the adoption of this chapter and whose owners since that date have not subdivided that parcel nor owned any adjoining land, may be used as a lot for any purpose permitted in the zone provided that all other regulations prescribed for the zone by this chapter are complied with.
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate stating that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming.
Application pursuant hereto may be made to the zoning officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the zoning board of adjustment.
Such application shall contain the name and address of the applicant, the nonconforming use so operated, the date on which the use commenced, the tax lot and block number of its location, any buildings or structures in which such use is contained or are necessary for the operation of such use, and the numbers and types of equipment and/or vehicles utilized in the operation of said use.
The applicant shall have the burden of proof as to all matters alleged. Where application is to the zoning officer it shall be in the form of an affidavit and shall be notarized. Where application is made to the zoning board of adjustment the application shall be processed as in the case of all other applications to said board. Notice of such application shall be given in accordance with the provisions of N.J.S.A. 40:55D-12.
If the zoning officer fails or refuses to issue a certificate he shall notify the applicant in writing as to the reasons therefor within 45 days from the date of application. Such denial may be appealed to the zoning board of adjustment in accordance with the provisions of N.J.S.A. 40:55D-72, notice of which shall be given in accordance with the provisions of N.J.S.A. 55D-12.
[Ord. 9/5/78, S6.1; Ord. 12/8/86]
Single family residences.
[Ord. 9/5/78, S6.2; Ord. 12/8/86; Ord. 09-95, S2]
The following accessory uses shall be permitted:
The office of a physician, surgeon, dentist, minister, architect, engineer, attorney, optometrist, accountant, or veterinarian when located within his dwelling, provided that:
That sufficient head-on off-street parking spaces be provided so as to comply with Subsection 19-17.2, but that no less than five off-street head-on parking spaces be provided.
That not more than one person not a resident of such dwelling is employed in such office.
The proposed home professional use shall not result in any undue increase in traffic, parking, noise, odor, or any other factor detrimental to the adjoining residences or the residential neighborhood in which the proposed use would be situated.
Approval of the zoning board of adjustment is obtained, following the submission of a properly prepared and documented application.
Home occupations as defined in this chapter subject to the approval of the zoning board of adjustment, which shall be guided by the following considerations:
The proposed use must be entirely consistent with the principal use of the premises for residential purposes.
The proposed use shall not result in any undue increase in traffic, parking, noise, odor or any other factor detrimental to adjoining residences.
The proposed use shall not be a use permitted in any business district unless such use is one which is customarily conducted in the home and is usually considered to be a home occupation.
The renting of dwelling space to not more than two roomers, provided that at least two additional off-street parking areas are provided on the property where the roomers will be residing .
Any other use which the zoning board of adjustment determines is one customarily incident to the principal permitted use on the premises, provided that the principal permitted use is not a nonconforming use.
[Ord. 9/5/78, S6.3]
The following uses shall be permitted only after review and approval by the planning board or zoning board of adjustment in accordance with the regulations governing the approval of conditional uses as set forth in this chapter.
[Ord. 9/5/78, S6.4]
General single family residential requirements.
Minimum lot size, 10,000 square feet, with a minimum lot width of 100 feet and minimum lot depth of 100 feet. Minimum distance from any building to the street line: 25 feet. Minimum distance from any building to any lot line other than a street line: ten feet.
Maximum coverage. The coverage of all buildings on the lot shall not exceed 20 percent.
Building height: 35 feet.
Minimum lot areas for churches shall be three acres.
Minimum floor area: 1,000 square feet.
[Ord. 9/5/78, S6.5]
[Ord. 9/5/78, S6.6]
[Ord. 9/5/78, S7.1; Ord. 2008-26, S1]
Single family detached residences.
[Ord. 9/5/78, S7.3; Ord. 85-13; Ord. 2008-26, S1]
The following uses shall be permitted only after review and approval by the planning board or zoning board of adjustment in accordance with the regulations governing the approval of conditional uses as set forth in this chapter.
[Ord. 9/5/78, S7.4; Ord. 2008-26, S1]
General single family and duplex residential requirements:
Minimum residential lot area and dimension shall be 15,000 square feet with a minimum lot width of 100 feet. Minimum lot depth: 150 feet. Minimum distance from any building to the street line: 25 feet. Minimum distance of principal building to rear property line: 50 feet. Minimum distance from any building to any lot line other than the street line, ten feet.
Maximum lot coverage shall be 20 percent.
Building height: 35 feet.
Minimum lot area for conditional uses shall be determined in each case based on the adequacy of off-street parking facilities.
[Ord. 9/5/78, S7.5]
[Ord. 9/5/78, S7.6]
[Ord. 9/5/78, S8.2]
[Ord. 9/5/78, S8.3]
[Ord. 9/5/78, S8.4]
For garden apartments:
Minimum lot area: Three acres.
Minimum street frontage: 50 feet if on a public street. If not, there shall be a satisfactory access to public streets, as determined by the planning board, at two separate points.
Maximum height: Two stories, not including garages; no apartments below ground level.
Maximum density: 12 units per acre of site area excluding public streets.
Setbacks from public streets: 50 feet; no parking permitted in this setback area.
Setbacks from lot lines: 50 feet.
Setbacks from driveways and parking areas: 20 feet, except for garages under buildings.
Maximum coverage of land by buildings: 20 percent.
Minimum distance between buildings: 50 feet between front and rear elevations of buildings; 50 feet between ends of buildings; front facade of a building not to overlap the sidewalk of an opposite building by more than eight feet.
Maximum length of buildings: 180 feet; length of an unbroken building facade not over 60 feet, with a setback of not less than five feet considered a satisfactory break in the building line.
Minimum floor space: one bedroom apartment, 750 square feet; two bedroom apartments, 950 square feet.
Minimum off-street parking: two spaces per dwelling unit.
Access drives: minimum 20 feet where no parking is permitted on either side. Parallel curb parking on access drives is not to be counted toward required off-street parking.
Minimum area of common recreation space: 20 percent of site area excluding public streets, developed for active or passive recreation for the residents of the apartment development.
Electric and telephone utility lines: shall all be installed underground.
Buffer strip adjoining a one-family residential zone: minimum ten feet.
Minimum distance from parking area to garden apartment building: 25 feet.
[Ord. 9/5/78, S8.5]
[Ord. 9/5/78, S8.6]
[Ord. 9/5/78, S9.1; Ord. 85-13]
General business and professional offices.
Retail sales and services establishments designed to meet the needs of the region, such as banks, food markets, variety and department stores, delicatessens, meat markets, drug stores, bakeries, restaurants, barber shops, beauty parlors, laundries and the like.
Buildings containing apartments, as defined by Borough ordinance, on the second or third floors of a building containing a retail store, service establishment or office on the first floor of a building. Each apartment located on the second or third floors of a building as described above, shall contain the following minimum floor space: One bedroom apartment, 800 square feet. These minimum floor spaces shall not include stairways, public hallways, public foyers, or other means of ingress or egress.
Any other use determined by the zoning board of adjustment to be similar to and of the same general character as the above specified uses.
[Ord. 9/5/78, S9.2]
Garages to house commercial vehicles normally associated with the permitted uses in the district.
[Ord. 9/5/78, S9.3; Ord. 05-2000, S3]
The following uses shall be permitted only after review and approval by the planning board or the zoning board of adjustment in accordance with the regulations governing the approval of conditional uses as set forth in this chapter:
[Ord. 9/5/78, S9.4]
[Ord. 9/5/78, duray S9.5]
[Ord. 9/5/78, S9.6]
Apartments, as permitted in Subsection 19-9.1c, shall meet the following requirements:
Not more than four apartments shall be located on any floor of any building.
Each apartment shall be self-contained to the extent of having its own kitchen and bathroom facilities and shall have its own private entry, either to the outside of the building or to a common entry.
Cooking facilities, bathrooms and water closet compartments shall be adequately ventilated, in accordance with the applicable codes.
One off-street parking space shall be provided for each apartment. Said parking shall be located within a walking distance of 300 feet of the property on which the building is located.
All apartments shall be subject to the requirements of any applicable state or local health, housing, fire, building and safety codes.
[Ord. 17-93, S1; Ord. No. 2006-11, S1; Ord. 2008-26, S1]
General business offices, professional offices and medical offices.
One family detached residential structures.
An apartment in the same building as an office use, provided the apartment is not located on the first floor, the building contains no more than one apartment and no apartment has more than four bedrooms.
[Ord. 17-93, S1]
All uses normally associated with a principal residential use.
Storage and repair facilities if combined with the administrative offices of a public utility.
Outdoor storage in conjunction with public utility uses only, provided it is appropriately screened and concealed in the opinion of the planning board.
[Ord. 17-93, S1]
General business offices, professional offices and medical offices:
Minimum lot size: 10,000 sq. ft.
Minimum lot width: 75 ft.
Minimum lot depth: 100 ft.
Minimum front yard setback: 25 ft.
Minimum side yard: 10 ft.
Minimum rear yard: 30 ft.
Maximum building coverage: 40%.
Maximum lot coverage: 85%.
Maximum height: 35 ft./2-1/2 stories.
Buffer: side yards: 5 ft.
Buffer: rear yard: 10 ft.
[Ord. 17-93, S1]
As per section 19-17, together with the following limitations and provisions:
No parking shall be allowed between the curb line and the existing or proposed building line.
The parking obligation for any use can be met at an off-site location if approved by the planning board.
No parking facilities used in connection with nonresidential properties shall have direct access to First Street.
[Ord. 17-93, S1; Ord. 09-95, S4]
[Ord. 17-93, S1]
All buildings, when constructed, reconstructed or altered, shall be designed to maintain the residential appearance of the neighborhood. Large plate glass windows shall be avoided. Clapboard siding shall be encouraged and the fenestration and decorative trim associated with early 20th century and late 19th century structures shall be utilized, where appropriate.
[Ord. No. 2006-11, S2; Ord. No. 2010-21]
The following uses shall be permitted only after review and approval by the planning and zoning board in accordance with the regulations governing the approval of conditional uses as set forth in this chapter.
[Ord. 9/5/78, S10.1; Ord. 85-13]
Municipal buildings and offices.
Post office, library, banks, and similar public use.
Regional shopping and service center.
Apartments Over Permitted and Commercial Uses. The same conditions for apartments above commercial uses, as set forth under subsections 19-9.1e and 19-9.7, shall be in effect under this section.
Horticultural uses, parks, ponds and lumber yards.
[Ord. 9/5/78, S10.2]
The following accessory uses shall be permitted:
[Ord. 9/5/78, S10.3]
Same as Subsection 19-9.3.
[Ord. 9/5/78, S10.4]
Minimum lot size: 40,000 square feet.
Minimum lot width: 100 feet.
Minimum lot depth: 200 feet.
Front yard setback: 25 feet.
Side yards: 15 feet.
Rear yard: 50 feet.
Maximum lot coverage: 30 percent.
Maximum height: not applicable.
Buffer strips adjoining residential zones: 15 feet.
[Ord. 9/5/78, S10.5]
[Ord. 9/5/78, S10.6]
[Ord. 9/5/78, S11.1; Ord. 85-13]
Automotive sales, service and repair; automotive accessories, body shops, etc.
Bulk storage, such as lumber and coal yards and similar uses.
Warehouses, feed and grain stores; agricultural and construction machinery and equipment.
Light machine shops, metal, woodworking shops.
Any use determined by the zoning board of adjustment to be of the same general character as the above specified uses.
[Ord. 9/5/78, S11.2]
[Ord. 9/5/78, S11.3; Ord. 05-2000, S4]
[Ord. 9/5/78, S11.4]
Minimum lot area: 20,000 square feet.
Minimum lot frontage: 100 feet.
Minimum lot depth: 150 feet.
Minimum front yard: 25 feet.
Minimum side yard: ten feet.
Minimum rear yard: 50 feet.
Maximum lot coverage: 40 percent.
Maximum height: two stories.
Minimum buffer to residential district or use: 15 feet.
[Ord. 9/5/78, S11.5]
[Ord. 9/5/78, S11.6]
[Ord. 9/5/78, S11.7]
All uses within this district shall be subject to site plan approval by the planning board in accordance with the procedures for site plans as set forth in the Site Plan Review Ordinance.
Before the planning board gives its final approval for any building, structure or use, the site plan shall be submitted by the applicant to the board of health for its review and approval with regard to municipal, State and Federal health requirements.
Before the planning board shall give its approval for any building, structure or use, satisfactory evidence shall be presented to the planning board with the application that the proposed use shall conform to the following performance standards:
Vibration. No vibration shall be discernible beyond the property line.
Smoke. No emission of visible gray smoke of a shade equal to or darker than No. 1 on the Ringelmann chart as visible at the nearest point on the paved public highway or street.
Odors. No odor shall be noticeable at the lot line or beyond.
Fly ash, dust. No emission which can cause any damage to health, to animals or vegetation or other forms of property, or any excessive soiling.
Glare. No excessive direct or sky-reflected glare shall be visible at the property line.
Liquid or solid wastes. No discharge into any disposal system, public or private, or streams or into the ground of any materials of such nature or temperature that can contaminate any water supply, including ground water supply. Adequate sewage treatment shall be provided on the site in accordance with Borough and State health regulations. Sewage treatment facilities shall be free of odor, shall be screened from public view and shall not be located closer than 100 feet to any residential zone.
Radioactivity. No activities which emit dangerous radio-activity at any point, as covered by Federal government standards.
Noise. No continuous hum, intermittent noise or noise with any noticeable shrillness of a volume of more than 50 decibels, measured at the property line.
Fire and explosion hazard. No process or storage of material in such manner as to create undue hazard by reason of fire or explosion.
The planning board may obtain expert advice, at the expense of the applicant, regarding performance standards or site plans. Where appropriate, the planning board may require the installation, maintenance and operation by the applicant of continuous recording instruments to demonstrate the operation of any machine or devices which create or are used to control or lessen noise, glare, odor, air pollution, water pollution, fire or safety hazards.
[Ord. 9/5/78, S12.1; amended 5-15-2018 by Ord. No. 2018-02]]
Long-term care (e.g., nursing home) or intermediate care (e.g., assisted living) facilities licensed as such by the State of New Jersey;
Medical and dental offices;
Other medical services offered on an outpatient basis such as diagnostic imaging services, diagnostic testing and laboratory services, rehabilitation services (excluding substance abuse services), emergency and/or urgent care services (excluding such services offered by retailers or in association with a retail business);
State-licensed day-care facilities for children or adults, excluding facilities associated with substance abuse services.
[Ord. 9/5/78, S12.2; amended 5-15-2018 by Ord. No. 2018-02]
The following accessory uses shall be permitted:
Parking facilities, both parking garages and surface parking areas;
All ancillary uses included in the definition of "hospital" in this Chapter 19, together with various hospital support facilities, including, but not limited to, gift shops and cafeterias;
Solar panels located only on the roof.
[Ord. 9/5/78, S12.3; amended 5-15-2018 by Ord. No. 2018-02]
Conditional Uses: Wireless telecommunications antennae located only on the roof, subject to the conditions set forth in § 19-16.7, as applicable.
Treatment centers (whether or not licensed by the State of New Jersey), providing housing, treatment and/or counseling services (counseling sessions, meetings, treatments, the dissemination of products, prescriptions and information, together with any other associated activities) including, without limitation, to persons with the following needs or conditions:
Criminal rehabilitation, such as a criminal halfway house, or a facility for the housing of persons judged to be juvenile delinquents, or a criminal work release or pre-release facility;
Addiction or dependency on any substance or material, including, but not limited to, alcohol, controlled substances, or chemicals; and/or
Any type of mental illness or other behavior that causes a person to be a danger to his or her own safety or the safety of others.
[Ord. 9/5/78, S12.4]
Minimum lot frontage: 100 feet.
Minimum lot depth: 150 feet.
Maximum lot coverage: 30%; provided, however, that "hospitals" as defined in this Chapter 19 are exempt from this bulk requirement.
[Amended 5-15-2018 by Ord. No. 2018-02]
Width of buffer strip adjoining residential: 15 feet.
[Ord. 9/5/78, S12.5]
[Ord. 9/5/78, S12.6]
[Ord. 9/5/78, S13.1]
[Ord. 9/5/78, S13.2]
[Ord. 9/5/78, S13.3; Ord. 05-2000, S5]
[Ord. 9/5/78, S13.4]
Minimum lot frontage: 200 feet.
Minimum lot depth: 200 feet.
Minimum front yard: 40 feet.
Minimum side yard: 25 feet.
Minimum rear yard: 50 feet.
Maximum lot coverage: 40 percent.
Maximum height: two stories.
Width of buffer strip adjoining residential district: 25 feet.
[Ord. 9/5/78, S13.5]
[Ord. 9/5/78, S13.6]
[Ord. 9/5/78, S14.1]
[Ord. 9/5/78, S14.2]
The following accessory uses shall be permitted:
[Ord. 9/5/78, S14.3; Ord. 05-2000, S6]
[Ord. 9/5/78, S14.4]
Same as Subsection 19-13.4.
[Ord. 9/5/78, S14.5]
[Ord. 9/5/78, S14.6]
[Ord. 9/5/78, S15.1; Ord. 85-13; Ord. 87-14]
[Ord. 9/5/78, S15.2]
[Ord. 9/5/78, S15.3; Ord. 05-2000, S7]
[Ord. 9/5/78, S15.4]
[Ord. 9/5/78, S15.5]
[Ord. 9/5/78, S15.6]
As regulated by section 19-18.
[Ord. 9/5/78, S16.1]
It is the purpose in this section to provide specific regulations applicable to all conditional uses provided for in this chapter.
[Ord. 9/5/78, S16.2]
A church, parish house or Sunday school building shall be located on a lot having not less than three acres. No parsonage or other dwelling unit shall be located on the same lot as a place of worship.
Height limit for towers or spires shall be 50 feet.
Off-street parking shall be provided on the basis of one space for each four seats or one space for each 72 inches of seating space when benches rather than seats are used.
[Ord. 9/5/78, S16.3]
[Ord. 9/5/78, S16.4]
Minimum area: 6,000 square feet or ten off-street parking spaces.
Parking area shall be paved.
No cars shall be parked within 25 feet of the street right-of-way line.
Parking lot layout design shall be such that no vehicle shall back into the street.
At least 20 percent of the off-street parking area shall be landscaped.
All aisles shall be at least 25 feet in width.
Editor's Note: Former Subsection 19-16.5, Regulations for Residential Conversions, previously codified herein and containing portions of Ordinance Nos. 9/5/78 and 85-13 was repealed in its entirety by Ordinance No. 2008-26.
Editor's Note: Former Subsection 19-16.6, Community Residences for the Developmentally Disabled and Community Shelters for Victims of Domestic Violence, previously codified herein and containing portions of Ordinance 10/4/82 was repealed in its entirety by Ordinance No. 2008-31.
[Ord. 05-2000, S2]
Personal wireless telecommunications facilities and equipment shall be permitted as conditional uses in designated districts in the borough, subject to compliance with the following standards:
Height Standards. The maximum height of all new PWTFs shall be 100 feet. PWTFs may exceed the maximum height limitations, provided the height has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate. PWTEFs are limited to 12 feet in height.
All PWTFs and PWTEFs shall be subject to the minimum yard requirements of the zoning district in which it is located, provided the minimum setback may be increased where necessary to address safety concerns.
If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25 percent of the roof area.
No PWTFs and PWTEFs shall be placed within 100 feet of a residential district, unless said structures are located on municipal property.
Location Priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communication service within the Sussex Borough community, PWTFs and PWTEFs shall be permitted as a conditional use at the following prioritized locations:
The first priority location shall be on lands and structures owned by the Borough of Sussex;
The second priority location shall be collocation on existing PWTFs (or existing water tanks) provided that the new installation does not increase the height by more than ten percent.
The third priority location shall be on lands and structures owned by the Sussex-Wantage Regional School District; and
The fourth priority location shall be on such locations the applicant proves are essential to provide required service to the Sussex Borough community.
Visual Impact Standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection 19-16.7c shall be deemed more acceptable than lower priority sites.
Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographical features and/or other structures to the maximum extent feasible.
PWTFs and PWTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and the vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.
Site Design Standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this subsection:
Collocation. Limitations on the number of structures on a lot shall not apply when PWTFs and PWTEFs are located on a lot with buildings or structures already on it.
Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by a security feature such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required as needed, and as approved by the planning/zoning board as may be necessary.
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All PWTEFs shall be screened by an evergreen hedge eight to ten feet in height at planting time and/or a solid fence eight feet in height.
Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTFs and PWTEFs.
Color. PWTFs shall be of a color appropriate for the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
Activity and access. All equipment shall be designed and automated to the greatest extent possible to reduce the need for on site maintenance and thereby minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimum off-street parking shall be permitted as needed and as approved by the planning board.
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.
Lighting. No lighting is permitted except as follows:
PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on a timing device and/or sensors so that the light is turned off when not needed for safety or security purposes; and
No lighting is permitted on a PWTF except lighting that is specifically required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as to not project towards adjacent and nearby properties.
Monopole. Any proposed new telecommunications tower shall be a "monopole" unless the applicant can demonstrate that a different type of pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except in emergency situations requiring a backup generator.
Radio frequency emissions. The FTA gives the FCC sole jurisdiction in the field of regulation of radio frequency (RF) emission and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
Structural integrity. PWTFs must be constructed to the Electronic Industries Association/ Telecommunications Industries Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTFs shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
The municipal engineer shall maintain an inventory of existing PWTF locations within or near the Sussex Borough community.
An applicant proposing a PWTF at a new location shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Sussex Borough community inventory, any such facilities in the abutting towns which provide service to areas within the Sussex Borough community, and changes proposed within the following 12 month period, including plans for new locations and discontinuance or relocation of existing facilities.
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was not chosen. The analysis shall address the following issues:
How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the Sussex Borough community at the time full service is provided by the applicant throughout the Sussex Borough community;
How the proposed location of the proposed PWTF relates to the location of any existing antennas within or near the Sussex Borough community;
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within or near the Sussex Borough community by the applicant and by other providers of wireless communication services within the Sussex Borough community;
How its plan specifically relates to the objective of collocating the antenna of many different providers of wireless communication services on the same PWTF; and
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the Sussex Borough community.
The planning/zoning board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable costs associated with such consultation, which costs shall be deposited in accordance with relevant escrow provisions.
Removal of Abandoned PWTFs. Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTFs shall remove same within 90 days of notice from the zoning officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the municipality may remove such PWTF at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If the facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the zoning officer, upon good cause shown, the one year reuse period may be extended for a period not to exceed one additional year.
State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas shall bring such towers and antennas into compliance with such revised standards and regulations within 120 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this subsection, which do not comply with the requirement of this ordinance (Nonconforming PWTFs) are subject to the following provisions:
Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this subsection.
Nonconforming PWTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit but without otherwise complying with this subsection. If this destruction is greater than partial, then repair restoration shall require compliance with this subsection.
The owner of any nonconforming PWTFs may repair, rebuild and/or upgrade (but not expand such PWTFs or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antenna or facilities, or to upgrade the facility to current engineering, technological or communications standards without having to conform to the provisions of this subsection.
Additional Site Plan Submission Requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted for review and approval as part of the site plan submission:
Documentation by a qualified expert regarding the capacity of any proposed PWTFs for the number and type of antenna;
Documentation by a qualified expert that any proposed PWTF will have sufficient structural integrity to support the proposed antenna and the anticipated future collocated antenna and that the structural standards developed for the antenna by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met.
A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and
A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.
[Ord. 9/5/78, S17.1]
All off-street parking areas other than single family residential parking areas shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water as approved by the Borough Engineer. In residential zones parking areas may be either paved or covered with shale, gravel, stone or other like material to a minimum depth of four inches.
(Ord. 9/5/78, S17.2; Ord. 85-13; Ord. 3/25/86)
All uses permitted or conditionally permitted in any of the districts herein established shall provide minimum off-street parking as follows:
For each dwelling unit, two spaces, except where specified otherwise. All parking areas shall be either to the side or rear of a dwelling unit. In no case shall parking areas be approved for location between the dwelling unit and the sidewalk or roadway. In the case of corner properties, parking shall be restricted to the rear and side of the building opposite the street-side of the property.
For a church, theatre or other use involving the assembly of persons, one space for every four seats or seating accommodations.
For a hospital, nursing home, motel, hotel, or similar use one space for every two beds, plus one for each employee in the maximum working shift. One off-street loading space shall be provided for each 30,000 square feet of gross floor area and an ambulance space shall also be provided.
[Amended 5-15-2018 by Ord. No. 2018-02]
For a school, educational institution, municipal or governmental building or a similar use, one space for each employee, plus adequate parking for visitors.
For a restaurant or similar use one space for every four seats plus one for every employee.
For a professional office or studio, one space for each 200 square feet of gross floor area so used or one and one-half for each employee, whichever is greater.
For shopping centers and offices as follows:
For all agricultural uses - adequate area for the storage of all equipment and vehicles.
For business uses, one off-street parking space shall be required for each employee estimated to be working at any one time plus one space for each 350 square feet of floor selling or service area of the building.
For a funeral home four spaces for each 200 square feet so used, and one space for each additional vehicle.
For light industrial and utility uses - one space per employee on peak shift.
For wholesaling and warehousing; one space per employee on peak shift, plus visitor parking for minimum three vehicles.
For all general commercial uses not specified above, off-street parking shall be adequate for the particular use as required by the approving municipal agency on site plan review.
All off-street parking areas shall be used solely for the parking of motor vehicles and no commercial repair work or service of any kind shall be conducted on such parking lot. No signs other than entrance, exit and condition of use sign shall be maintained.
Off-street parking facilities shall be provided on the same lot with the permitted principal building except that owners of two or more business buildings may jointly sponsor off-street parking facilities provided that the area of the parking facilities equal the total parking area requirements of each owner participating therein and comply in all respects with the requirements of this section.
Parking lots one acre or larger in size shall provide 20 percent of the gross area for evenly distributed landscaped plantings.
Illumination. Illumination for all parking facilities other than those required for residential use shall be provided during night time operating hours. Illumination shall be shielded from roads and adjoining property.
Off-Street Loading Requirements. Each business use shall provide off-street loading space at the side or rear of the building at the rate of one space (10 feet by 25 feet with adequate ingress and egress) for each 5,000 square feet of floor area or a fraction thereof in each building.
Handicapped Parking. Provisions shall be made by the developer to have the appropriate number of handicapped parking spaces designated, in accordance with applicable state or federal regulations or guidelines.
[Ord. 09-95, S3]
Scope. This ordinance covers the construction, erection and maintenance requirements for signs and outdoor display structures with respect to safety, size, attachment or anchorage, geographical location, height, age, projection and other regulations.
Definitions. For the purpose of this ordinance, the following terms and phrases shall have the meaning given herein:
- AREA OF A SIGN
- Shall mean the area of a sign shall be computed by multiplying the greatest vertical dimension by the greatest horizontal dimension of the sign space. The framing or edging of the sign shall be considered part of the sign area. For the purpose of calculating the sign permit fee, the total area, including both faces of a double-faced sign is included, but for calculating maximum area permitted, the area of only one face of a double-faced sign is counted toward the maximum area permitted.
- AWNING SIGN - CANOPY SIGN
- Shall mean roof like covering extending over a walkway, sidewalk or exterior place supported by a frame attached to a building and/or ground with a surface made of fabric or more rigid material and either retractable or fixed in place, covered by any lettering, logo, or other characters, symbols or figures.
- Shall mean any temporary sign printed or displayed upon cloth or other flexible material.
- BILLBOARD SIGN
- Shall mean a sign which directs attention to a location, product or activity, business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
- DIRECTIONAL SIGN
- Shall mean a sign of noncommercial nature which directs the reader to the location of: public or educational institutions; historical structures; historical areas, public parks, or public buildings.
- DIRECTORY SIGN
- Shall mean a sign which directs attention to a business conducted on the premises or to a product sold or service supplied by such business.
- GROUND SIGN
- Shall mean a sign which is supported by one or more uprights or braces in or upon the ground.
- ILLUMINATED SIGN
- Shall mean any sign having a source of light for illumination either externally or internally or a combination of both.
- NEON SIGN
- Shall mean a sign illuminated by the means of neon or other gasses which glow.
- OFFICIAL SIGN
- Shall mean any sign erected and maintained by a federal, state, county, or local government agency for public purposes.
- OFF-SITE SIGN
- Shall mean a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed. The term off-site shall include an outdoor advertising sign (billboard).
- POLITICAL SIGN
- Shall mean a sign related to any political event or campaign.
- PROJECTING SIGN
- Shall mean a sign which is affixed to any building and projecting beyond the building wall or parts thereof, structure, building line or property line more than eight inches, but which is not constructed or erected so as to extend above the roof line of the structure to which it is affixed.
- PYLON SIGN
- Shall mean a structure in the form of a tower or pier, the chief purpose of which is to attract attention and display a sign.
- REAL ESTATE SIGN
- Shall mean a temporary sign placed upon the property for the purpose of advertising to the public the sale or lease of said property.
- ROOF SIGN
- Shall mean a sign erected, constructed and maintained on or above the roof of any building or structure.
- Shall mean any device used to attract the attention of the public for advertising purposes, the word sign includes letters, figures, drawings, lines, trademarks, photographs and other markings encompassed within the area of a sign.
- SIGN PERMIT
- Shall mean a document obtained from the Zoning Officer upon payment of required fees, which grants permission to erect the sign described therein.
- WALL SIGN
- Shall mean a sign which is affixed to or painted on an exterior wall of any building, when such signs shall project not more than eight inches from the building wall or parts thereof. No wall sign shall be constructed or erected above the roof line of the structure to which it is fixed.
- WINDOW SIGN
- Shall mean a sign which is affixed to the inside of any window or glass portion of any door.
[Ord. 09-95, S3]
All signs, together with their supports, braces, guys and anchors, shall be kept in good repair. All signs shall be so maintained that their appearance is in keeping with the standards of Sussex Borough and does not constitute a blighting factor for adjoining property owners.
(Ord. 09-95, S3)
No sign shall be erected, constructed or maintained so as to obstruct any fire escape, or any window, door or opening used as a means of egress or for fire-fighting purposes, or so as to prevent free passage from one part of a roof to any other part thereof. No sign shall be attached in any form, shape or manner to a fire escape.
All connections of signs to frame structures shall be by steel angle plates properly secured to the building with bolts or lag screws. No sign shall be secured with wood strips or light gauge wire. All signs shall be constructed to resist a wind pressure of fifty pounds per square foot.
All wiring to freestanding signs shall be underground.
[Ord. 09-95, S3]
The following are prohibited:
Banners, except as a temporary sign.
Illuminated signs which flash, spell, or move.
Tubing or stringing of lights outlining roof lines, doors, windows or wall edges of any building, excluding seasonal decorations.
Signs which are a menace to public safety or which obstruct the views of any street, intersection or crosswalk.
Signs placed on sidewalks or public right-of-ways.
Revolving, rotating or moving signs.
Signs which project beyond any property line into a public right-of-way.
Signs that extend above the roof line of the structure to which it is affixed.
Temporary signs which are illuminated.
Signs or advertising structures which direct attention to business, commodity, service or entertainment conducted, sold or offered elsewhere from upon the premises.
[Ord. 09-95, S3]
Nothing in this section shall be deemed to restrict or prohibit the erection, construction or maintenance within the Borough of Sussex of signs or markers for use in policing, directing or controlling of traffic or parking when legally authorized by the State of New Jersey and/or the County of Sussex, and/or the Borough of Sussex.
[Ord. 09-95, S3]
At the termination of any use of any premises, building structure or lot, the permission to display signs associated with such use shall terminate. All signs and the brackets and posts which support the signs shall be removed from the premises within 90 days from the date of termination of such use, unless approval for an extension of time is requested from and granted by the Zoning Officer.
[Ord. 09-95, S3; Ord. 2007-09, S2]
Real Estate Signs. Signs designating property for sale shall not exceed eight square feet.
Removal, New Occupancy, Special Event or Banner Signs. Removal or new occupancy signs shall not exceed ten square feet in area. They shall be removed within 15 days of removal or new occupancy. No outdoor banner, flag, paper, canvas or cloth signs used to advertise a special event shall be erected until the proper permit is obtained.
Charitable Organization Drives. Signs for campaign or money-raising drives for religious or charitable organizations shall not exceed 16 square feet in area. Signs shall be erected no sooner than two weeks prior to the publicized event and shall be removed no later than 48 hours after the event.
Construction Signs. Signs pertaining to the construction, repair, remodeling of any building shall be located at the principal entrance to the building. They shall not exceed 16 square feet in area. They shall be removed within seven days after the completion of the construction work.
Window Signs. Window signs designed to promote the sale of any article or business activity shall not exceed in total sign area 15 percent of the total window area. Such signs shall not remain in a window longer than 30 continuous days. They shall be removed within two days after the event or activity has taken place.
Political Event Signs. Political event signs announcing political events or campaigns may be erected providing that they do not constitute a safety hazard by blocking sign distance, pedestrian or vehicular traffic and the like. Such signs shall be removed within seven days after completion of the event or campaign.
Sidewalk Signs. Any property zoned commercial located in the Borough may place a temporary sign or display for advertising purposes on the sidewalk in front of the respective commercial use during the hours of operation, with the following limitations:
Sign may only be in front of the lawful place of business;
Sign may only be on the sidewalk during the commercial use hours of operation, but not prior to 6:00 a.m. or after 11:00 p.m.;
Sign or display shall be placed to provide for a minimum of 36 inches of unimpeded access for all pedestrian traffic;
Sign may not exceed six square feet of display area, with an overall height not to exceed four feet;
Sign must be removed during any public parades or events during which pedestrian observers are likely to attend.
[Ord. 09-95, S3]
Temporary real estate signs as described.
Public ground signs as described.
An announcement sign not exceeding one square foot in area indicating the practice permitted and occupancy on the premises, and the name of the practitioner.
One ground or wall sign not exceeding ten square feet in area identifying the name of the premises of an apartment house, condominium, or townhouse. This sign may be illuminated with uncolored electric lights.
Signs erected upon the premises of houses of worship and charitable and nonprofit organizations shall not exceed 24 square feet in area.
Signs advertising charitable organization drives as described.
Construction signs as described.
Political event signs as described.
One name plate sign for each family housed in a residence, not to exceed one square foot in area per sign.
[Ord. 09-95, S3; amended 2-4-2020 by Ord. No. 2020-01]
All Signs Permitted in a Residential District (R-1/R-2).
Signs which direct attention exclusively to a permitted business conducted on the premises on which such a sign is located, or to a product sold or service supplied by such business.
Two business signs painted on the windows and/or doors of each business bearing the name, street number and/or type of business of the principal occupant, provided that there shall be no more than one such sign on each window or door, and that the total area of all signs shall not exceed ten square feet.
Credit card signs and trading stamp signs may be displayed on windows provided that the total area of all such signs shall not exceed three square feet in area.
Signs required by law to be exhibited by the occupancy of the premises, provided the same do not exceed six square feet in total area.
Special signs serving the public convenience, such as "notary public," "public telephone" or words or directions of similar import, provided that each sign does not exceed 72 square inches in total area, and only one sign of each type is displayed.
Awnings and canopies. A sign on an awning, marquee or canopy shall be considered part of a main business sign and shall be counted in determining the maximum sign area permitted on the face of the building.
Ground Signs. Regulations:
Height and area. No post or ground sign shall exceed ten feet in height measured from the ground level or 30 square feet in area. Not more than one such sign shall be erected for one business occupancy.
Wall Signs. Regulations:
Supports and attachments: Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached to the same by means of metal anchors, bolts, or expansion screws of not less than three-eighths inches in diameter which shall be embedded at least four inches. No wooden blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings with walls of wood.
Placement. Wall signs shall be placed in the solid wall spaces between the heads of a window and sills of windows. Wall signs shall be placed on the first story or street level of each building with the exception of signs which identify the name of the building.
Projection. No wall sign shall project higher than the highest point of the facade of the building upon which it is to be erected and it shall not project more than eight inches from the facade of the building.
Number. No more than one wall sign per face of a building which fronts on a street shall be permitted to any one business occupancy.
Size. The total area of all wall signs on any one building shall not exceed in area 15 percent of the total area of the first story or ground level face of the building on which they are erected or 40 square feet, whichever is less.
Corner properties. Corner properties fronting on two or more streets shall be permitted no more than one illuminated wall sign, fastened or painted on each wall fronting upon a street.
Projecting Signs. Regulations:
Materials. All projecting signs shall be built of material with a minimum of a one-hour fire-resistance rating.
Supports and attachments.
Projecting signs shall be securely attached to a building or structure by metal bolts, anchors, supports, chains, wire ropes or steel rods. No staples or nails shall be used to secure any projecting sign to any building or structure.
The dead load of projecting signs not parallel to the building or structure and the load due to wind pressure shall be supported by structural shapes, chains, wire ropes or steel guy rods. When chains, wire ropes or steel guy rods are used, such supports shall be erected and maintained preferably at any angle of 45 degrees or more to the horizontal to resist the dead load and at an angle of 45 degrees or more to the face of the sign in an approximately horizontal plane to resist wind pressure. The lateral supports shall be secured to a bolt or expansion screw capable of developing the strength of the supporting chain, wire rope or steel rod. Expansive device and details of the anchorage shall be subject to the approval of the construction official. Turnbuckles or other approved means of adjustment shall be placed in all chains, wire ropes, or steel rods supporting or bracing the projecting signs.
Chains, wire ropes or steel rods used to support the dead or wind load of projecting signs may be fastened to solid masonry walls with expansion bolts or other devices approved by the construction official; but no such support shall be attached to an unbraced parapet wall. Where the supports must be fastened to walls made of wood, the supporting device must be fastened securely in a manner approved by the construction official.
All chains, wire ropes and their attachments shall be galvanized or of a corrosive-resistant material. Other metal supports and braces shall be painted.
Projection, height and area. A projecting sign shall not project beyond the building line more than four feet, and in no case shall a projecting sign project beyond any property line into public rights-of-way. The bottom of the sign shall be at least eight feet clear above the walk or ground. The area of the sign shall not exceed 30 square feet.
Quantity allowed. Only one projecting sign shall be permitted for each building or structure.
Electrical Equipment. All electrical equipment used in connection with outdoor advertising display signs shall, in the absence of specific requirements, be installed in accordance with the National Electrical Code, American CI-1946, or the latest edition thereof approved by the American Standards Association, Inc. Lighting reflectors may project beyond the face of a sign if approved by the construction official. All electrical equipment shall be approved by the electrical subcode official of the Borough of Sussex.
Nonconforming Signs. A nonconforming sign shall not be altered, rebuilt, enlarged or extended. The right to maintain a flashing, blinking, fluctuating or animated sign shall terminate within 90 days after the sign becomes nonconforming. The failure to keep a nonconforming sign in good repair for a period of one year shall constitute an abandonment of the sign, and the sign shall be removed within ten days following the completion of that year. Any sign found not to have been legally erected and maintained as described above shall be removed within 30 days of notification of the violation to the sign owner and/or property owner, unless said sign conforms to the regulations as stated, in which case, the proper permit shall be obtained within 30 days of the violation.
Permits, Fees and Enforcement.
Permit. No sign shall be erected, constructed, altered or required until approval has been obtained from and a permit has been issued by the Zoning Officer and the required fee has been paid.
Exemptions. Except as to safety, the requirements for a permit shall not apply to:
A sign not exceeding 144 square inches of display surface on a resident building, stating only the name and profession of the occupant.
Temporary window signs.
Signs advertising the sale or lease of real estate.
Temporary signs of a political nature.
Temporary signs advertising charitable fund raising events.
Fees. Fees shall be collected by the Zoning Officer in accordance with the Sussex Borough Fee Ordinance. Fees shall be required for all new signs and all signs replacing existing signs.
Revocation. All rights and privileges acquired under the provisions of this section or any amendment thereto, are mere licenses revocable at any time for any violation as stated in this section.
Inspection. The Zoning Officer shall inspect each sign for which a permit is required upon completion of its installation to confirm the same complies with the permit. The construction official shall inspect each such sign to confirm the same has been properly constructed and installed.
Unsafe signs. In the event that any sign is found to be in a dangerous structural condition, the construction official shall notify the owner of such sign and/or the owner of the property on which it is erected in writing and advise in what manner the owner shall make the same safe and secure. In the event the owner does not comply with the requirements as specified within 72 hours from receipt of such notice, the sign may be removed by Sussex Borough, in which case the owner of the sign and the owner of the building shall be jointly and severably liable to the Borough for the costs of removal.
Defective signs. In the event any sign is found to be in violation of size, number of location provisions of this ordinance, the Zoning Officer shall notify the owner of such sign and the owner of the property on which the sign is erected of such violation in writing, and the owner shall, within ten days, correct such violation.
Penalties. Every person, firm or corporation violating any of the provisions of this section for which another penalty is not prescribed shall be liable, upon conviction, for each and every violation to a minimum fine of $100, and not exceeding the amount of $1,000, or to imprisonment in the county jail or in a place provided by the Borough of Sussex for the detention of prisoners for a term not exceeding 90 days, or to such fine, imprisonment and/or imposition of period of community service.
[Ord. 03-2001, SIII]
Fences shall be permitted in front, side and rear yards.
No fence shall be located on any property in any way which violates the provisions of the Borough ordinance which provides for site triangles at street corners, at intersections of driveways and parking area access with streets. No fence shall be located in the Borough right-of-way.
Fences which may present a danger or hazard to the public welfare are prohibited.
All fences must comply with all Department of Environmental Protection Regulations and current BOCA Construction Codes.
The following fences and fencing materials are specifically prohibited in any location on the lot upon which a dwelling or structure is situated:
Barbed wire fences, razor wire fences, sharp pointed fences, canvass cloth, electrically charged fences, poultry netting, temporary fences (i.e., snow fences), expandable fences and collapsible fences. All fences must be painted, stained, galvanized or otherwise treated to prevent rust, rot, excessive weathering or other rapid deterioration and should otherwise be properly maintained.
In all front yards of any residential lot, and on lots in any other zone on which residential properties are erected, only split rail or decorative (see-through) fencing may be erected, subject to height regulation contained in Subsection 19-18.10b.
In nonresidential zones, not more than four strands of barbed wire may be added to the top of fencing, which is a minimum of eight feet in height. Barbed wire shall not be permitted in front yards in nonresidential zones.
In the event that both sides of a fence or free-standing wall are not identical, the finished/preferred side shall be required to face the street and/or abutting properties, as applicable. The finished/preferred side is defined as the side which best conceals fence posts, rails and other supporting parts, and/or which is painted, stained, coated when only such side is so treated.
Agricultural uses are allowed barbed wire, electrified fence, temporary fences and other fences reasonably related to the agricultural use.
No fence, hedge, shrubbery or planting shall be permitted on any lot or adjacent thereto in any zone within the street right-of-way. All trees adjoining street sidelines in all zones shall have their branches trimmed to insure unobstructed site lines. On any corner lot in any zone, no shrubbery, planting, fence or other obstruction to vision shall be permitted adjacent to the street property line.
In residential zones, fences shall not exceed four feet in height when located in the front yard. They shall not exceed six feet in height when located in the side or rear yards.
Fences shall not exceed four feet in height when located in the front yard. They shall not exceed eight feet in height when located in the side or rear yards.
Fences for recreational facilities may be up to eight feet in height in the residential zone, except for fences located in the front yard in any zone, which shall not exceed four feet.
Residential fences on side and rear yards which abut and adjoin property lines shall maintain at least a one foot setback, provided however, in cases where the fence or free-standing wall on the side or rear yard is permitted to exceed six feet in height by variance, the fence or free-standing wall shall be set back from the property line a distance of an additional one foot for every foot over six feet.
Nonresidential fences on side and rear yards must be set back from the property line a distance of two feet. In cases where a fence or free-standing wall in a side or rear yard is permitted to exceed eight feet by height by variance, the fence or free-standing wall shall be set back from the property line an additional distance of one foot for every foot over eight feet.
Every fence shall be maintained in a safe, sound, upright condition in accordance with the approved plan on file with the building inspector. Failure to maintain the fence and/or planting, after notice of such failure to maintain the fence has been given from the building inspector, may cause the building inspector to order fining in accordance with Borough ordinances, and removal of the fence, wall or planting at the owner's expense.
[Ord. 9/5/78, S19.1; Ord. 2-91]
The office of zoning officer is hereby created. The office of zoning officer shall be separate and distinct from the office of building inspector. The building inspector is not prohibited from serving as both building inspector and zoning officer; however, he is not required nor entitled to serve in both offices. It shall be the duty of the zoning officer to enforce this chapter in accordance with the provisions of this chapter and the Land Use Procedures Ordinance of the Borough of Sussex. The zoning officer shall not be required to be a resident of the Borough of Sussex.
[Ord. 9/5/78, S19.2; Ord. 3/25/86]
It shall be unlawful for an owner, tenant, or occupant to use or to permit the use of any structure, building or land or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning permit has been issued by the zoning officer. Such zoning permit shall show that such building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of this chapter or in conformity with the provisions of a variance granted according to law.
Any person desiring to change the use of his premises shall apply to the zoning officer for a zoning permit stating under oath such facts as required. A copy of the zoning permit shall be kept on file upon the premises affected until construction is completed and shall be displayed upon request of any authorized official.
All zoning permits shall be issued in triplicate and one copy shall be posted conspicuously on the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other persons shall perform any building operations of any kind unless the zoning permit covering such operation has been previously issued. Furthermore, no building operations of any kind shall be performed after notification of the revocation of said zoning permit.
A record shall be kept of all zoning permits issued and the original applications therefor shall be kept on file in the same manner as applications for building permits. No owner, tenant, or other persons shall use or occupy any building or structure thereafter erected or altered, the use of which shall be changed after passage of this chapter, without first obtaining a zoning permit.
A zoning permit once granted shall continue in effect so long as there is no change of use, or occupancy of the premises.
The zoning officer shall act upon all such applications within 15 days after receipt of a fully filled-in application, or shall notify the applicant in writing of his refusal to issue such permit and the reasons therefor.
Failure to notify the applicant in case of such refusal within said 15 days shall entitle the applicant for a zoning permit to file an appeal to the zoning board of adjustment as in the case of a denial.
The zoning officer may waive plans on minor alterations not affecting structural change.
If it shall appear at any time to the zoning officer that the application or accompanying plans are in any material respect false or misleading, or that the work is being done upon the premises differing materially from that called for in the application previously filed with him, and may be in violation of any provision of this chapter, he may forthwith revoke the zoning permit.
Upon written request from the owner, tenant or occupant made within six months of the effective date of this chapter, the zoning officer, after inspection, shall issue a zoning permit for an existing use legally in existence at the time this chapter takes effect, including nonconforming uses, certifying the extent and kind of use and whether any such existing use conforms with the provisions of this chapter; and if not, specifying the nonconformity in detail. After the expiration of the six month period, a zoning permit may only be issued for an existing use by the zoning board of adjustment after a hearing held on notice to all persons entitled thereto.
[Ord. 9/5/78, S20.1; Ord. 2004-11, S1]
The Borough shall serve a notice of abatement for any and every violation of the provisions of this chapter upon the owner, contractor, tenant or any other person or entity who commits, takes part in or assists on any violation of this chapter, or who maintains any structure or premises in which any violation of this chapter shall exist. The notice of abatement shall be served by certified mail, return receipt requested or personal service. Any and every such violation shall be within five days after receipt of the written notice. Any person or entity violating any provision of this chapter shall, upon conviction before a court of competent jurisdiction, be subject to a fine of not more than $1,250, or imprisonment in the county jail for a period not to exceed 90 days, or both at the discretion of the court or judicial officer.
Each and every day that such violation continues after receipt of the notice of abatement shall be considered a separate and specific violation of this chapter.
In addition to the fines and penalties authorized herein, any person or entity who violates a provision of this chapter shall reimburse the Borough of Sussex for all costs incurred for investigation, inspections and prosecution of violations of this chapter, including the costs of litigation and reasonable attorney's fees. All costs and fees awarded pursuant to this section to the Borough of Sussex shall constitute an assessment and lien against the subject real property and shall accrue interest as provided by law.
[Ord. 9/5/78, S21.1]
If any section, paragraph, sentence, clause or provision of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify this chapter as a whole and such adjudication shall apply only to the section, paragraph, subdivision, clause or provisions so adjudged and the remainder of this chapter shall be deemed valid and effective.
[Ord. 9/5/78, S22.1]
Any and all ordinances or parts thereof in conflict with or inconsistent with any of the terms and provisions of this chapter are hereby repealed to such extent as they are so in conflict or inconsistent, provided, however, that the adoption of this chapter shall not prevent or bar the continuance of or institution of any proceedings for offenses heretofore committed in violation of any existing ordinances of the Borough of Sussex.
[Ord. 9/5/78, S23.1]
This chapter shall be read in para materia with the Land Use Procedures Ordinance of the Borough of Sussex and, where appropriate, with the Land Subdivision Ordinance of the Borough of Sussex.