[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:
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R-1
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Low Density Residential
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R-2
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Medium Density Residential
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R-3
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High Density Residential (Garden apartments)
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C-1
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Central Business District
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C-2
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Redevelopment Area District
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C-3
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General Commercial District
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Inst.
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Institutional District
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A & I
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Agriculture & Light Industry District
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L & I
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Light Industrial & Light Industry District
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P
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Public and Semi-Public Use District
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[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]
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.
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.
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.
Shall mean a dwelling wherein not more than five people are
sheltered or fed for profit.
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:
Evergreens spaced five feet in from outside line and ten feet
apart in row. Two parallel rows of staggered planting are recommended.
Every 40 feet, a deciduous tree should be planted in the center
of the strip.
Deciduous trees can be any of the following:
Pin oak (Quercus palustris).
Red oak (Quercus borealis maxima rubra).
Scarlet oak (Quercus coccinea).
Gingko (Gingko biloba), male species only.
London plane (Platanus acerifolia).
Sugar maple (Acer rubrum).
Red maple (Acer rubrum).
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More than one species may be used. All deciduous trees should
be of one and one-half inches caliper and balled and burlapped stock.
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All plants should be staked properly for at least three years.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Shall mean a detached building containing only two dwelling
units.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Shall mean any garage other than a private garage which is
open to the public and used for the storage of motor vehicles.
(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.
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.
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.
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.
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.
Shall mean the total area of a lot within the lot lines.
Shall mean a lot having frontage on two or more streets intersecting
at an angle of less than 135 degrees.
Shall mean the average horizontal distance between the front
line and the line of the lot opposite thereto.
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.
Shall mean the property line of a lot which is most distant
from and most nearly parallel to the front lot line.
Shall mean any property line of a lot which is not a front
or rear lot line.
Shall mean the distance between the side lot lines measured
along the building line.
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.
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.
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.
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.
Shall mean any premises meeting the standards of the New
Jersey State Department of Institutions and Agencies to operate as
a nursing home.
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.
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.
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.
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.
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.
Shall mean the primary purpose for which a lot or a main
building is used.
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.
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.
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.
Shall mean the property line separating the street from abutting
land.
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.
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.
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.
Shall mean a freestanding structure on which one or more
antennas are located, including lattice towers, guyed towers, monopoles
and similar structures.
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.
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.
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.
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.
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.
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.
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]
a.
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.
b.
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]
a.
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.
b.
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.
c.
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]
a.
No lot shall have erected upon it more than one residential building
except as otherwise specifically authorized in this chapter.
b.
Porches, balconies, breezeways and terraces shall not be considered
as part of a principal structure and may project into required open
spaces.
c.
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.
d.
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.
e.
An accessory building attached to the main building shall comply
with, in all respects, the requirements of this chapter applicable
to the main building.
f.
An accessory building in a residence district or a private parking
area shall not be located in any required front yard space.
g.
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.
h.
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.
i.
Private Pools. Private pools in yard areas of single-family lots
shall be permitted provided:
1.
They shall be located only in rear or side yard areas.
2.
The edge of any pool shall be at least ten feet from all property
lines and ten feet from any structure.
3.
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; 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, S4.9]
a.
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.
[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, S5.1]
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.
[Ord. 3/25/86]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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]
a.
Single family residences.
[Ord. 9/5/78, S6.2; Ord. 12/8/86; Ord. 09-95, S2]
The following accessory uses shall be permitted:
a.
The office of a physician, surgeon, dentist, minister, architect,
engineer, attorney, optometrist, accountant, or veterinarian when
located within his dwelling, provided that:
1.
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.
2.
That not more than one person not a resident of such dwelling is
employed in such office.
3.
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.
4.
Approval of the zoning board of adjustment is obtained, following
the submission of a properly prepared and documented application.
b.
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:
1.
The proposed use must be entirely consistent with the principal use
of the premises for residential purposes.
2.
The proposed use shall not result in any undue increase in traffic,
parking, noise, odor or any other factor detrimental to adjoining
residences.
3.
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.
c.
Private garages.
d.
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 .
e.
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]
a.
General single family residential requirements.
1.
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.
2.
Maximum coverage. The coverage of all buildings on the lot shall
not exceed 20 percent.
3.
Building height: 35 feet.
b.
Minimum lot areas for churches shall be three acres.
c.
Minimum floor area: 1,000 square feet.
[Ord. 9/5/78, S6.5]
As required in section 19-17.
[Ord. 9/5/78, S6.6]
As regulated in section 19-18.
[Ord. 9/5/78, S7.1; Ord. 2008-26, S1]
a.
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]
a.
General single family and duplex residential requirements:
1.
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.
2.
Maximum lot coverage shall be 20 percent.
3.
Building height: 35 feet.
b.
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]
As required in section 19-17.
[Ord. 9/5/78, S7.6]
As regulated in section 19-18.
[Ord. 9/5/78, S8.2]
[Ord. 9/5/78, S8.3]
None.
[Ord. 9/5/78, S8.4]
b.
For garden apartments:
1.
Minimum lot area: Three acres.
2.
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.
3.
Maximum height: Two stories, not including garages; no apartments
below ground level.
4.
Maximum density: 12 units per acre of site area excluding public
streets.
5.
Setbacks from public streets: 50 feet; no parking permitted in this
setback area.
6.
Setbacks from lot lines: 50 feet.
7.
Setbacks from driveways and parking areas: 20 feet, except for garages
under buildings.
8.
Maximum coverage of land by buildings: 20 percent.
9.
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.
10.
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.
11.
Minimum floor space: one bedroom apartment, 750 square feet; two
bedroom apartments, 950 square feet.
12.
Minimum off-street parking: two spaces per dwelling unit.
13.
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.
14.
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.
15.
Electric and telephone utility lines: shall all be installed underground.
16.
Buffer strip adjoining a one-family residential zone: minimum ten
feet.
17.
Minimum distance from parking area to garden apartment building:
25 feet.
[Ord. 9/5/78, S8.5]
As required in section 19-17.
[Ord. 9/5/78, S8.6]
As regulated in section 19-18.
[Ord. 9/5/78, S9.1; Ord. 85-13]
a.
General business and professional offices.
b.
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.
c.
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.
d.
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]
a.
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:
a.
Parking area commercial.
c.
Cannabis retailer (as such term is defined in Section 3 of P.L. 2021,
c. 16, N.J.S.A. 24:6I-33). Cannabis retailers shall meet the following
conditions when permitted as a conditional use:
[Added 8-10-2021 by Ord.
No. 2021-14]
1.
Location. The cannabis retailer facility shall front on Main Street,
Newton Avenue or Route 23.
2.
Building. Cannabis retailers shall be in a building separate and
distinct from a building containing growing operations. All cannabis
retailers shall be enclosed in heated/air-conditioned permanent buildings,
not trailers, outdoors, movable kiosks, etc. Cannabis retail operations
shall not be combined with other permitted uses.
3.
Site plan approval. All cannabis retailers require site plan approval.
A zoning certificate cannot be issued until Board approval is obtained.
When seeking site plan approval, cannabis retailers shall submit a
safety and security plan, an emergency services access plan and a
plan for disposal of cannabis waste.
4.
Accessibility. Any cannabis retailer shall only have one primary
public access point, which shall be directly adjacent to the public
right-of-way or parking area of the building. Access shall not be
through common entrances with other uses.
5.
Hours of operation. Opening no earlier than 10:00 a.m. and closing
no later than 10:00 p.m.
6.
Interior security. Cannabis retailers interiors shall provide a secure
location for storage of products with a minimum amount of products
displayed in any customer service area.
7.
Product consumption. No products shall be permitted to be consumed
on-site.
[Ord. 9/5/78, S9.4]
[Ord. 9/5/78, duray S9.5]
As required by section 19-17.
[Ord. 9/5/78, S9.6]
As regulated in section 19-18.
[Ord. 85-13]
Apartments, as permitted in Subsection 19-9.1c, shall meet the following requirements:
a.
Not more than four apartments shall be located on any floor of any
building.
b.
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.
c.
Cooking facilities, bathrooms and water closet compartments shall
be adequately ventilated, in accordance with the applicable codes.
d.
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.
e.
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]
a.
General business offices, professional offices and medical offices.
b.
One family detached residential structures.
c.
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]
a.
All uses normally associated with a principal residential use.
c.
Storage and repair facilities if combined with the administrative
offices of a public utility.
d.
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]
a.
General business offices, professional offices and medical offices:
1.
Minimum lot size: 10,000 sq. ft.
2.
Minimum lot width: 75 ft.
3.
Minimum lot depth: 100 ft.
4.
Minimum front yard setback: 25 ft.
5.
Minimum side yard: 10 ft.
6.
Minimum rear yard: 30 ft.
7.
Maximum building coverage: 40%.
8.
Maximum lot coverage: 85%.
9.
Maximum height: 35 ft./2-1/2 stories.
10.
Buffer: side yards: 5 ft.
11.
Buffer: rear yard: 10 ft.
[Ord. 17-93, S1]
As per section 19-17, together with the following limitations and provisions:
a.
No parking shall be allowed between the curb line and the existing
or proposed building line.
b.
The parking obligation for any use can be met at an off-site location
if approved by the planning board.
c.
No parking facilities used in connection with nonresidential properties
shall have direct access to First Street.
[Ord. 17-93, S1; Ord. 09-95, S4]
As regulated in section 19-18.
[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]
a.
Municipal buildings and offices.
b.
Post office, library, banks, and similar public use.
c.
Regional shopping and service center.
d.
Craft center.
e.
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.
f.
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]
a.
Minimum lot size: 40,000 square feet.
b.
Minimum lot width: 100 feet.
c.
Minimum lot depth: 200 feet.
d.
Front yard setback: 25 feet.
e.
Side yards: 15 feet.
f.
Rear yard: 50 feet.
g.
Maximum lot coverage: 30 percent.
h.
Maximum height: not applicable.
i.
Buffer strips adjoining residential zones: 15 feet.
[Ord. 9/5/78, S10.5]
As required in section 19-17.
[Ord. 9/5/78, S10.6]
As regulated in section 19-18.
[Ord. 9/5/78, S11.1; Ord. 85-13]
a.
Automotive sales, service and repair; automotive accessories, body
shops, etc.
b.
Bulk storage, such as lumber and coal yards and similar uses.
c.
Warehouses, feed and grain stores; agricultural and construction
machinery and equipment.
d.
Light machine shops, metal, woodworking shops.
f.
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]
b.
Cannabis retailer (as such term is defined in Section 3 of P.L. 2021,
c. 16, N.J.S.A. 24:6I-33). Cannabis retailers shall meet the following
conditions when permitted as a conditional use:
[Added 8-10-2021 by Ord.
No. 2021-14]
1.
Location. The cannabis retailer facility shall front on Route 284
or Loomis Avenue.
2.
Building. Cannabis retailers shall be in a building separate and
distinct from a building containing growing operations. All cannabis
retailers shall be enclosed in heated/air-conditioned permanent buildings,
not trailers, outdoors, movable kiosks, etc. Cannabis retail operations
shall not be combined with other permitted uses.
3.
Site plan approval. All cannabis retailers require site plan approval.
A zoning certificate cannot be issued until Board approval is obtained.
When seeking site plan approval, cannabis retailers shall submit a
safety and security plan, an emergency services access plan and a
plan for disposal of cannabis waste.
4.
Accessibility. Any cannabis retailer shall only have one primary
public access point, which shall be directly adjacent to the public
right-of-way or parking area of the building. Access shall not be
through common entrances with other uses.
5.
Hours of operation. Opening no earlier than 10:00 a.m. and closing
no later than 10:00 p.m.
6.
Interior security. Cannabis retailers interiors shall provide a secure
location for storage of products with a minimum amount of products
displayed in any customer service area.
7.
Product consumption. No products shall be permitted to be consumed
on-site.
[Ord. 9/5/78, S11.4]
a.
Minimum lot area: 20,000 square feet.
b.
Minimum lot frontage: 100 feet.
c.
Minimum lot depth: 150 feet.
d.
Minimum front yard: 25 feet.
e.
Minimum side yard: ten feet.
f.
Minimum rear yard: 50 feet.
g.
Maximum lot coverage: 40 percent.
h.
Maximum height: two stories.
i.
Minimum buffer to residential district or use: 15 feet.
[Ord. 9/5/78, S11.5]
As required by section 19-17.
[Ord. 9/5/78, S11.6]
As regulated in section 19-18.
[Ord. 9/5/78, S11.7]
a.
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.
b.
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.
c.
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:
1.
Vibration. No vibration shall be discernible beyond the property
line.
2.
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.
3.
Odors. No odor shall be noticeable at the lot line or beyond.
4.
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.
5.
Glare. No excessive direct or sky-reflected glare shall be visible
at the property line.
6.
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.
7.
Radioactivity. No activities which emit dangerous radio-activity
at any point, as covered by Federal government standards.
8.
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.
9.
Fire and explosion hazard. No process or storage of material in such
manner as to create undue hazard by reason of fire or explosion.
d.
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]]
b.
Long-term care (e.g., nursing home) or intermediate care (e.g., assisted
living) facilities licensed as such by the State of New Jersey;
c.
Medical and dental offices;
d.
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);
e.
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:
a.
Parking facilities, both parking garages and surface parking areas;
b.
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;
c.
Solar panels located only on the roof.
[Ord. 9/5/78, S12.3; amended 5-15-2018 by Ord. No. 2018-02]
a.
Conditional Uses: Wireless telecommunications antennae located only on the roof, subject to the conditions set forth in § 19-16.7, as applicable.
b.
Prohibited Uses:
2.
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:
(a)
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;
(b)
Addiction or dependency on any substance or material, including,
but not limited to, alcohol, controlled substances, or chemicals;
and/or
(c)
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]
b.
Minimum lot frontage: 100 feet.
c.
Minimum lot depth: 150 feet.
e.
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]
g.
Width of buffer strip adjoining residential: 15 feet.
[Ord. 9/5/78, S12.5]
As required in section 19-17.
[Ord. 9/5/78, S12.6]
As regulated in section 19-18.
[Ord. 9/5/78, S13.1]
[Ord. 9/5/78, S13.2]
[Ord. 9/5/78, S13.3; Ord. 05-2000, S5]
b.
Cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
cannabis distributor and cannabis delivery service (as such terms
are defined in Section 3 of P.L. 2021, c. 16, (N.J.S.A. 24:6I-33).
[Added 8-10-2021 by Ord.
No. 2021-14]
1.
Cannabis Delivery. Cannabis delivery services shall meet the following
conditions when permitted as a conditional use:
(a)
Building. Cannabis delivery shall be in a separate building
distinct from growing operations. All cannabis delivery services shall
be enclosed in heated/air-conditioned permanent buildings, not trailers,
outdoors, movable kiosks, etc. Cannabis delivery shall not be combined
with other permitted uses.
(b)
Site plan approval. All cannabis delivery services require site
plan approval. A zoning certificate cannot be issued until Board approval
is obtained. When seeking site plan approval, the applicant for cannabis
delivery services shall submit a safety and security plan, an emergency
services access plan, and a plan for disposal of cannabis use.
(c)
Interior security. Cannabis delivery services shall provide
a secure location for storage of products.
(d)
Exterior loitering and security. Customers shall not be permitted
to pick up products from a cannabis delivery service.
(e)
Product consumption. No products shall be permitted to be consumed
on-site.
(f)
Delivery vehicles are limited to a maximum of three.
2.
Cannabis cultivator, manufacturer, wholesaler or distributor. Cannabis
cultivator, manufacturer, wholesaler, or distributor shall meet the
following conditions when permitted as a conditional use:
(a)
Building. All facilities shall be enclosed in stand-alone, heated/air-conditioned
permanent buildings, not hoop houses or greenhouses.
(b)
Site plan approval. All cannabis facilities require site plan
approval. A zoning certificate cannot be issued until Board approval
is obtained. When seeking site plan approval, applicant shall submit
a safety and security plan, an emergency services access plan and
a plan for disposal of cannabis waste.
(c)
Odor control. The facility shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored periodically,
at the discretion of the Borough, by a licensed, qualified contractor
chosen by the Borough.
(d)
Delivery vehicles are limited to a maximum of three.
[Ord. 9/5/78, S13.4]
[Ord. 9/5/78, S13.5]
As required in section 19-17.
[Ord. 9/5/78, S13.6]
As regulated in section 19-18.
[Ord. 9/5/78, S14.1]
[Ord. 9/5/78, S14.2]
The following accessory uses shall be permitted:
a.
All uses normally considered accessory to the principal permitted
uses.
[Ord. 9/5/78, S14.3; Ord. 05-2000, S6]
b.
Cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
cannabis distributor and cannabis delivery service (as each such term
is defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33).
[Added 8-10-2021 by Ord.
No. 2021-14]
1.
Cannabis Delivery. Cannabis delivery services shall meet the following
conditions when permitted as a conditional use:
(a)
Building. Cannabis delivery shall be in a separate building
distinct from growing operations. All cannabis delivery services shall
be enclosed in heated/air-conditioned permanent buildings, not trailers,
outdoors, movable kiosks, etc. Cannabis delivery shall not be combined
with other permitted uses.
(b)
Site plan approval. All cannabis delivery services require site
plan approval. A zoning certificate cannot be issued until Board approval
is obtained. When seeking site plan approval, the applicant for cannabis
delivery services shall submit a safety and security plan, an emergency
services access plan, and a plan for disposal of cannabis waste.
(c)
Interior security. Cannabis delivery services shall provide
a secure location for storage of products.
(d)
Exterior loitering and security. Customers shall not be permitted
to pick up products from a cannabis delivery service.
(e)
Product consumption. No products shall be permitted to be consumed
on-site.
(f)
Delivery vehicles are limited to a maximum of three.
2.
Cannabis cultivator, manufacturer, wholesaler or distributor. Cannabis
cultivator, manufacturer, wholesaler, or distributor shall meet the
following conditions when permitted as a conditional use:
(a)
Building. All facilities shall be enclosed in stand-alone, heated/air-conditioned
permanent buildings, not hoop houses or greenhouses.
(b)
Site plan approval. All cannabis facilities require site plan
approval. A zoning certificate cannot be issued until Board approval
is obtained. When seeking site plan approval, applicant shall submit
a safety and security plan, an emergency services access plan and
a plan for disposal of cannabis waste.
(c)
Odor control. The facility shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored periodically,
at the discretion of the Borough, by a licensed, qualified contractor
chosen by the Borough.
(d)
Delivery vehicles are limited to a maximum of three.
[Ord. 9/5/78, S14.4]
Same as Subsection 19-13.4.
[Ord. 9/5/78, S14.5]
As required by section 19-17.
[Ord. 9/5/78, S14.6]
As regulated in section 19-18.
[Ord. 9/5/78, S15.1; Ord. 85-13; Ord. 87-14]
[Ord. 9/5/78, S15.2]
a.
All uses normally considered accessory to the principal permitted
uses.
[Ord. 9/5/78, S15.3; Ord. 05-2000, S7]
[Ord. 9/5/78, S15.4]
Not applicable.
[Ord. 9/5/78, S15.5]
As required by section 19-17.
[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.
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.
b.
Height limit for towers or spires shall be 50 feet.
c.
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]
a.
Minimum area: 6,000 square feet or ten off-street parking spaces.
b.
Parking area shall be paved.
c.
No cars shall be parked within 25 feet of the street right-of-way
line.
d.
Parking lot layout design shall be such that no vehicle shall back
into the street.
e.
At least 20 percent of the off-street parking area shall be landscaped.
f.
All aisles shall be at least 25 feet in width.
[1]
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.
[1]
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:
a.
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.
b.
Setback Standard.
1.
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.
2.
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.
3.
No PWTFs and PWTEFs shall be placed within 100 feet of a residential
district, unless said structures are located on municipal property.
c.
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:
1.
The first priority location shall be on lands and structures owned
by the Borough of Sussex;
2.
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.
3.
The third priority location shall be on lands and structures owned
by the Sussex-Wantage Regional School District; and
4.
The fourth priority location shall be on such locations the applicant
proves are essential to provide required service to the Sussex Borough
community.
d.
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.
1.
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.
2.
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.
3.
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.
e.
Site Design Standards. The following design standards shall apply
to PWTFs and PWTEFs installed or constructed pursuant to the terms
of this subsection:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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).
6.
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.
7.
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.
8.
Lighting. No lighting is permitted except as follows:
(a)
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
(b)
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
f.
Collocation Policy.
1.
The municipal engineer shall maintain an inventory of existing PWTF
locations within or near the Sussex Borough community.
2.
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.
3.
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.
4.
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:
(a)
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;
(b)
How the proposed location of the proposed PWTF relates to the
location of any existing antennas within or near the Sussex Borough
community;
(c)
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;
(d)
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
(e)
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.
5.
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.
g.
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.
h.
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.
i.
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:
1.
Nonconforming PWTFs may continue in use for the purpose now used,
but may not be expanded without complying with this subsection.
2.
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.
3.
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.
j.
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:
1.
Documentation by a qualified expert regarding the capacity of any
proposed PWTFs for the number and type of antenna;
2.
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.
3.
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
4.
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:
a.
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.
b.
For a church, theatre or other use involving the assembly of persons,
one space for every four seats or seating accommodations.
c.
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]
d.
For a school, educational institution, municipal or governmental
building or a similar use, one space for each employee, plus adequate
parking for visitors.
e.
For a restaurant or similar use one space for every four seats plus
one for every employee.
f.
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.
g.
For shopping centers and offices as follows:
h.
For all agricultural uses - adequate area for the storage of all
equipment and vehicles.
i.
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.
j.
For a funeral home four spaces for each 200 square feet so used,
and one space for each additional vehicle.
k.
For light industrial and utility uses - one space per employee on
peak shift.
l.
For wholesaling and warehousing; one space per employee on peak shift,
plus visitor parking for minimum three vehicles.
m.
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.
n.
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.
o.
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.
p.
Parking lots one acre or larger in size shall provide 20 percent
of the gross area for evenly distributed landscaped plantings.
q.
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.
r.
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.
s.
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.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance No. 9/5/78.
[Ord. 09-95, S3]
a.
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.
b.
AREA OF A SIGN
AWNING SIGN - CANOPY SIGN
BANNER
BILLBOARD SIGN
DIRECTIONAL SIGN
DIRECTORY SIGN
GROUND SIGN
ILLUMINATED SIGN
NEON SIGN
OFFICIAL SIGN
OFF-SITE SIGN
POLITICAL SIGN
PROJECTING SIGN
PYLON SIGN
REAL ESTATE SIGN
ROOF SIGN
SIGN
SIGN PERMIT
WALL SIGN
WINDOW SIGN
Definitions. For the purpose of this ordinance, the following terms
and phrases shall have the meaning given herein:
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.
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.
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.
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.
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.
Shall mean a sign which is supported by one or more uprights
or braces in or upon the ground.
Shall mean any sign having a source of light for illumination
either externally or internally or a combination of both.
Shall mean a sign illuminated by the means of neon or other
gasses which glow.
Shall mean any sign erected and maintained by a federal,
state, county, or local government agency for public purposes.
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).
Shall mean a sign related to any political event or campaign.
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.
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.
Shall mean a temporary sign placed upon the property for
the purpose of advertising to the public the sale or lease of said
property.
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.
Shall mean a document obtained from the Zoning Officer upon
payment of required fees, which grants permission to erect the sign
described therein.
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.
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)
a.
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.
b.
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.
c.
All wiring to freestanding signs shall be underground.
[Ord. 09-95, S3]
The following are prohibited:
a.
Banners, except as a temporary sign.
b.
Illuminated signs which flash, spell, or move.
c.
Tubing or stringing of lights outlining roof lines, doors, windows
or wall edges of any building, excluding seasonal decorations.
d.
Roof signs.
e.
Signs which are a menace to public safety or which obstruct the views
of any street, intersection or crosswalk.
f.
Signs placed on sidewalks or public right-of-ways.
g.
Revolving, rotating or moving signs.
h.
Signs which project beyond any property line into a public right-of-way.
i.
Signs that extend above the roof line of the structure to which it
is affixed.
j.
Temporary signs which are illuminated.
k.
Billboards.
l.
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]
a.
Real Estate Signs. Signs designating property for sale shall not
exceed eight square feet.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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:
1.
Sign may only be in front of the lawful place of business;
2.
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.;
3.
Sign or display shall be placed to provide for a minimum of 36 inches
of unimpeded access for all pedestrian traffic;
4.
Sign may not exceed six square feet of display area, with an overall
height not to exceed four feet;
5.
Sign must be removed during any public parades or events during which
pedestrian observers are likely to attend.
[Ord. 09-95, S3]
Signs permitted:
a.
Temporary real estate signs as described.
b.
Public ground signs as described.
c.
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.
d.
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.
e.
Signs erected upon the premises of houses of worship and charitable
and nonprofit organizations shall not exceed 24 square feet in area.
f.
Signs advertising charitable organization drives as described.
g.
Construction signs as described.
h.
Political event signs as described.
i.
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]
Signs permitted:
a.
All Signs Permitted in a Residential District (R-1/R-2).
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
b.
Ground Signs. Regulations:
1.
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.
c.
Wall Signs. Regulations:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
d.
Projecting Signs. Regulations:
1.
Materials. All projecting signs shall be built of material with a
minimum of a one-hour fire-resistance rating.
2.
Supports and attachments.
(a)
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.
3.
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.
(a)
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.
(b)
All chains, wire ropes and their attachments shall be galvanized
or of a corrosive-resistant material. Other metal supports and braces
shall be painted.
4.
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.
5.
Quantity allowed. Only one projecting sign shall be permitted for
each building or structure.
e.
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.
f.
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.
g.
Permits, Fees and Enforcement.
1.
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.
(a)
Exemptions. Except as to safety, the requirements for a permit
shall not apply to:
(1)
A sign not exceeding 144 square inches of display surface on
a resident building, stating only the name and profession of the occupant.
(2)
Temporary window signs.
(3)
Signs advertising the sale or lease of real estate.
(4)
Temporary signs of a political nature.
(5)
Temporary signs advertising charitable fund raising events.
2.
Regulations.
(a)
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.
(b)
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.
3.
Enforcement.
(a)
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.
(b)
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.
(c)
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.
(d)
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]
a.
General Regulations.
1.
Fences shall be permitted in front, side and rear yards.
2.
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.
3.
Fences which may present a danger or hazard to the public welfare
are prohibited.
4.
All fences must comply with all Department of Environmental Protection
Regulations and current BOCA Construction Codes.
5.
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.
6.
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.
7.
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.
8.
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.
9.
Agricultural uses are allowed barbed wire, electrified fence, temporary
fences and other fences reasonably related to the agricultural use.
10.
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.
b.
Height Regulations.
1.
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.
2.
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.
3.
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.
c.
Setback Regulations.
1.
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.
2.
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.
d.
Maintenance Standards.
1.
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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
A zoning permit once granted shall continue in effect so long as
there is no change of use, or occupancy of the premises.
f.
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.
g.
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.
h.
The zoning officer may waive plans on minor alterations not affecting
structural change.
j.
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.
k.
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]
a.
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.
b.
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.
c.
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.
