[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, S2.2.2]
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, S2.2.8]
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.
[Added 12-19-2023 by Ord. No. 2023-25]
This zone provides for residential uses, with the ability to
mix same with certain commercial and/or office uses, and shall permit
such development in the area identified as Block 503, Lot 1 on current
Sussex Borough Tax Map (as of October 2023).
[Ord. 9/5/78, S2.3; amended 12-19-2023 by Ord. No.
2023-25]
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. The property designated as Block 503, Lot 1, on the
current Sussex Borough Tax Map (as of October 2023) is designated
as being within the Mixed Use District, and the Zoning Map is revised
accordingly.
[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.
AGRICULTURE
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.
ALTER.
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.
ANTENNA
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.
APARTMENT
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.
BASEMENT
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:
a.
Evergreens spaced five feet in from outside line and ten feet
apart in row. Two parallel rows of staggered planting are recommended.
b.
Every 40 feet, a deciduous tree should be planted in the center
of the strip.
c.
Evergreen species should be as follows:
1.
50 percent Austrian pine (Pinus nigra austriaca), three to four
feet, balled and burlapped.
2.
25 percent white pine, (Pinus strobus), three to four feet,
balled and burlapped.
d.
Deciduous trees can be any of the following:
1.
Pin oak (Quercus palustris).
2.
Red oak (Quercus borealis maxima rubra).
3.
Scarlet oak (Quercus coccinea).
4.
Gingko (Gingko biloba), male species only.
5.
London plane (Platanus acerifolia).
6.
Sugar maple (Acer rubrum).
More than one species may be used. All deciduous trees should
be of one and one-half inches caliper and balled and burlapped stock.
|
e.
All plants should be staked properly for at least three years.
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.
CELLAR
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.
CHURCH
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.
COLLOCATION
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.
CONVERSION
Shall mean the dividing or redividing of a residential unit,
or any other existing structure, into more than one dwelling unit.
COVERAGE
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.
DISTRICT
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.
DWELLING
a.
SINGLE FAMILY ATTACHEDShall mean a building occupying a single lot consisting of two or more separate dwelling units, with closed partition between each, with independent means of ingress and egress in front and rear, and with separate sewer, water and other utility services.
b.
SINGLE FAMILY DETACHEDShall mean a building occupying a single lot occupied or intended to be occupied exclusively for residence purposes by one family or one housekeeping unit.
c.
DUPLEXShall mean a building occupying a single lot consisting of two separate dwelling units, with closed partition between each, with independent means of ingress and egress in front and rear, and with separate sewer, water and other utility services.
d.
MULTI-FAMILYShall mean a building or portion thereof used or designed as a residence for two or more families living independently of each other and doing their own cooking in the building, including apartment houses, apartment hotels and flats but not including hotels or garden-type apartments.
e.
GARDEN TYPE APARTMENTShall mean a building not exceeding two stories in height containing a group of separate dwelling units and which is so designed that not more than two apartments are served by a common entry.
f.
TOWN HOUSEShall mean a building not exceeding two stories, as a contiguous structure of three or more dwelling units, each separated by vertical party walls and having direct access, front and rear; to the outside, and so laid out that each unit is susceptible to sale on an individual lot.
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.
FAMILY
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.
FENCE
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.
HEIGHT
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.
HOSPITAL
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]
HOTEL
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.
LIVESTOCK
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.
LOT
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.
NUISANCE
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 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.
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.
SCHOOL
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.
SIGNS
Shall be defined as stated in Subsection 19-1.8 et seq.
STREET
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.
STRUCTURE
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.
TUTORING
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, S4.8; amended 4-20-2021 by Ord. No. 2021-06]
No commercial vehicle exceeding 12,000 pounds rated capacity
shall be parked, stored, kept, repaired or maintained on any premises
in the residential districts other than in an enclosed building with
the exception of school buses. No tractor trailers or commercial vehicles
shall be kept, repaired, 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, S4.10]
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.
[Added 8-10-2021 by Ord. No. 2021-14]
All cannabis related uses of any nature or business license class are prohibited in all zones except as set forth herein (this subsection and Subsections
19-9.3c, 11.3b, 13.3b and 14.3b). No more than four cannabis establishments limited to a) two cannabis retailers (one each in the C-1 Zone and C-3 Zone), b) one cannabis cultivator and c) one cannabis manufacturer, wholesale, distributor or deliverer shall be permitted to locate in the Borough of Sussex.
Editor's Note: See §
3-12, Cannabis Consumption in Public Places, for further provisions concerning cannabis.
[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, 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.