ATTACHMENTS
Schedule 1 - Schedule of Zone Regulations
[1982 Code § 16-1.1]
This chapter shall be known and may be cited as the "Zoning Chapter of the Borough of Victory Gardens."
[1982 Code § 16-1.2]
It is the intent and purpose of this chapter:
a. 
To guide the appropriate use or development of all lands in the Borough in a manner which will promote the public health, safety and general welfare;
b. 
To secure safety from fire, flood, panic and other natural disasters;
c. 
To preserve adequate light, clean air, open space and clean water;
d. 
To ensure that land development does not conflict with the development and general welfare of neighboring municipalities; the County and the State as a whole;
e. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and preservation of the environment;
f. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
g. 
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;
h. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
i. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
j. 
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;
k. 
To encourage development which incorporates the best features of design and relates the type, design, and layout of residential, commercial, industrial and recreation development to the particular site;
l. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view toward lessening the cost of such development and to the more efficient use of land;
m. 
To establish building lines and the location of buildings designed for residential, commercial, industrial, office or other uses within such lines and to fix reasonable standards to which buildings or structures shall conform;
n. 
To prohibit uses, buildings or structures which are incompatible with the character of the development or the permitted uses within specified zoning districts;
o. 
To prevent additions to, and alterations or remodeling of, existing buildings or structures that would not comply with the restrictions and limitations imposed hereunder;
p. 
To protect against fire, explosions, noxious fumes and other hazards in the interest of the public health, safety, comfort and the general welfare;
q. 
To conserve the taxable value of the land and buildings throughout the Borough, and
r. 
To meet the housing needs of the future citizens of the Borough and the region.
Former Section 23-2, previously codified herein and containing portions of 1982 Code § 16-2, was repealed in its containing portions of 1982 Code § 16-2, was repealed in its entirety by Ordinance 8/26/08.
[1982 Code § 16-3]
The Borough of Victory Gardens is hereby divided into the following zone districts:
S-1
Single and Two-Family Residential District
MF
Multifamily Residential District
MF-TH/C
Multifamily Townhouse/Condominium District
B
Business District
LI-OR
Light Industry and Office Research District
These Districts are shown on the Official Zone Map of the Borough of Victory Gardens.[1]
[1]
Editor's Note: The official Zoning Map of the Borough of Victory Gardens may be found in the Municipal Building.
[1982 Code § 16-4.1]
Within any S-1 District, no building, structure, lot or land shall be used for other than one or more of the following uses:
a. 
Single-family detached dwelling.
b. 
Two-family attached dwelling.
c. 
Church or other place of worship, parish house.
d. 
Public park or playground.
e. 
Public or private school approved by the New Jersey State Department of Education.
[1982 Code § 16-4.2]
a. 
Customary accessory structures and uses.
b. 
Private garage or private parking area.
c. 
Signs, pursuant to this chapter.
[1982 Code § 16-4.3]
For lot and yard requirements, see Schedule I, Schedule of Zone Regulations.[1]
[1]
Editor's Note: The Schedule of Zone Regulations is included as an attachment to this chapter.
[1982 Code § 16-4.4]
No one-story dwelling house shall hereafter be erected unless the building has a minimum ground floor area of 875 square feet exclusive of porches, basements, breezeways and attached garages. No two-story dwelling house shall hereafter be erected unless the building has a minimum ground floor area of 585 square feet on the first floor exclusive of porches, basements, breezeways, and attached garages. No building shall be considered a two-story dwelling unless the second floor thereof shall contain at least 50% of the square footage floor area of the first floor, using a minimum four-foot knee wall.
[1982 Code § 16-4.5]
One on-site parking space shall be provided for each dwelling unit.
[1982 Code § 16-4.6]
Within any S-1 District, the erection of public utility buildings or structures shall be permitted subject to approval by the Borough Planning Board.
[1982 Code § 16-5.1]
Within any MF District, no building, structure, lot or land shall be used for other than one or more of the following uses.
a. 
Multifamily dwelling.
b. 
Church or other place of worship, parish house.
[1982 Code § 16-5.2]
Within any MF District, the following accessory uses shall be permitted:
a. 
Customary accessory structures and uses.
b. 
Private garage or private parking area.
c. 
Signs, pursuant to this chapter.
[1982 Code § 16-5.3]
For lot and yard requirements, see Schedule I, Schedule of Zone Regulations.
[1982 Code § 16-5.4]
All one-bedroom dwelling units shall have a livable minimum floor area of 700 square feet exclusive of porches, staircases, basements, breezeways, balconies and attached garages. Two-bedroom dwelling units shall have a minimum floor area of 900 square feet.
[1982 Code § 16-5.5]
Two parking spaces shall be provided for each dwelling unit.
[1982 Code § 16-5.6]
Within any MF District, the erection of public utility buildings or structures shall be permitted subject to approval by the Borough Planning Board.
[1982 Code § 16-5.7]
Within any MF District, the minimum lot area for multifamily dwellings shall be 3,100 square feet per one-bedroom apartment; 4,300 square feet per two-bedroom apartment and 5,500 square feet per three-bedroom apartment. No more than 5% of the apartment units shall be three bedrooms.
[Ord. 12-22-86 § 6.100]
Within any MF-TH/C District, no building, structure, lot or land shall be used for other than one or more of the following uses:
a. 
Townhouse Dwelling. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each is separated from any other unit by one or more common fire resistant walls.
b. 
Condominium Dwelling. A one-family dwelling in a structure of at least three such units in which each unit has direct access to the outside or to a common hall, units can be located atop one another, back-to-back units are prohibited and each unit is separated from any other unit by one or more common fire resistant walls.
[Ord. 12-22-86 § 6.102]
Within any MF-TH/C District, the following accessory uses shall be permitted:
a. 
Customary accessory structures and uses except home occupations and professions.
b. 
Private garage attached to the principal building or private parking areas.
c. 
Signs, pursuant to this chapter.
d. 
Common open space and recreation facilities.
[Ord. 12-22-86 § 6.103]
a. 
Density. Townhouses shall have a maximum of 12 dwellings per acre and 20 bedrooms per acre. No three bedroom units are permitted. Condominiums shall have a maximum of 20 dwellings per acre and 28 bedrooms per acre. No three bedroom units. Bedroom shall mean all rooms not used as living, dining, kitchen, bath or hall.
b. 
Height. Townhouse shall be a maximum of 2 1/2 stories and 32 feet. Condominium shall be a maximum of three stories and 38 feet. Height shall be defined as the vertical distance of a structure measure from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure.
c. 
Structure Size. Townhouses shall be limited to eight dwellings in a structure. Condominiums shall be limited to 18 dwellings in a structure.
d. 
Front Yard. The front yard of each structure shall be at least equal to the height of the structure, but not less than 30 feet.
e. 
Side Yard. The side yard of each structure shall be at least equal to 0.5 times the height of the structure but not less than 15 feet.
f. 
Rear Yard. The rear yard of each structure shall be at least equal to the height of the structure but not less than 30 feet.
g. 
Parking. Two spaces per dwelling unit.
h. 
Building Coverage. 35% of the tract.
i. 
Minimum Open Space. 35% of the tract.
j. 
Minimum Floor Area. One-bedroom dwelling units shall have a livable minimum floor area of 700 square feet and two-bedroom dwelling units shall have a livable minimum floor area of 900 square feet exclusive of porches, staircases, basements, breezeways, balconies, common entranceways and attached garages.
k. 
Minimum width for townhouse units is 24 feet.
l. 
Minimum distance between parking or access drive and structure is 10 feet.
m. 
Minimum width of internal streets is 24 feet.
n. 
Appropriate facilities shall be specifically developed for recreation for the residents of the development, subject to the approval of the Planning Board, based on the projected needs of the residents for such facilities and consistent with the overall design and appearance of the development.
o. 
Interior streets or driveways are to be owned and maintained by the developer or condominium association, but the Borough's designated enforcing officials shall have written approval to patrol and to prohibit parking on interior streets or driveways.
p. 
All electric, telephone, and cable television lines are to be underground.
q. 
There shall be a minimum of two means of access to the site from a public street or streets, one of which shall be in the Borough. In the alternative, the interior roadway shall form a loop connecting to a single access to a public street in the Borough. This access road shall be paved to a width of 28 feet at the entrance, with a reservation of a right-of-way 50 feet in width.
r. 
Concrete sidewalks five feet wide shall be required from each building entrance to the parking areas and shall connect with sidewalks from other buildings as required by the Planning Board. Concrete or Belgian block curbs shall separate all grass and paved areas, and concrete sidewalks and curbing shall be erected along all public street frontages where required by the Planning Board.
s. 
All parking areas shall be located in side yards or rear yard areas.
[1982 Code § 16-7.1; Ord. 8/26/08]
Within any B District, no building, structure, lot or land shall be used for other than one or more of the following uses:
a. 
Retail store.
b. 
Office, office building.
c. 
Bank, Savings and Loan Association.
d. 
Personal service store or studio.
e. 
Restaurant, tavern.
f. 
Cannabis Dispensary. For this purpose, a Cannabis Dispensary is a facility licensed by the State of New Jersey Cannabis Regulatory Commission to dispense cannabis in any form approved by the State for medical purposes to qualified patients who (1) possess prescriptions issued by a licensed physician; and (2) are registered with the State of New Jersey to receive same. A Cannabis Dispensary shall also include a facility that may be approved by the State to dispense cannabis for recreational purposes in the future pursuant to amendment to the Constitution of the State of New Jersey and the statutes, laws, rules and/ or regulations which derive therefrom. The total number of locations in the B District shall be one (1) as set forth herein.
[Added 11-10-2020 by Ord. No. 11-10-20(1)]
[1982 Code § 16-7.2]
Within any B District, the following accessory uses shall be permitted:
a. 
Accessory off-street parking.
b. 
Signs, pursuant to the provisions of this chapter.
[1982 Code § 16-7.3]
For lot and yard requirements, see Schedule I, Schedule of Zone Regulations.
[1982 Code § 16-7.4]
One parking space shall be provided for every 200 square feet of principal building(s).
[1982 Code § 16-7.5]
Within any B District, the following conditional uses shall be permitted subject to approval of the Borough Planning Board.
a. 
Funeral home.
b. 
Membership club.
c. 
Public utility building or structure.
d. 
Hotel and motel.
[Added 11-10-2020 by Ord. No. 11-10-20(1)]
a. 
Performance Standards. In addition to the performance standards set forth in Section 21-14 of Chapter 21 of the Borough Code, the following shall apply to a Cannabis Dispensary in the B District.
1. 
Odor. A Cannabis Dispensary shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system and air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on an adjacent property, within public rights-of-way, and/or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building.
2. 
Noise. A Cannabis Dispensary shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and/or other noise-generating equipment or machinery including, but not limited to, power supply, cooling and/or ventilation equipment.
3. 
Security. A Cannabis Dispensary shall be secured and shall have full-time security protocols. All sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of cannabis products. Footage must be maintained for the duration required under State law. All facilities must provide the New Jersey State Police and/or any other law enforcement agency with access to security footage immediately upon request by the New Jersey State Police and/or any other law enforcement agency. To the extent not already required by the entity's State license, all licensed facilities must provide at least one security guard (or more if required by the State) during all times the facility is open to the public. At a minimum, the security guard shall be a State Certified Security Officer whose certification is in good standing.
4. 
Permitted Zone District. A Cannabis Dispensary shall only be permitted in the B District and shall be subject to all requirements of the Municipal Land Use Law, including, but not limited to, a public hearing and site plan approval by the Borough of Victory Gardens Planning Board. A Cannabis Dispensary shall comply with all other requirements for the B District including, but not limited to, all setback and/or distance requirements.
5. 
Location. Only one Cannabis Dispensary shall be located in the B District as permitted.
6. 
Hours of operation. Hours of public operation of a Cannabis Dispensary shall be limited to no earlier than 8:00 a.m. and close no later than 10:00 p.m. daily.
7. 
Buffering. As applicable, and to the fullest extent possible, a Cannabis Dispensary must provide for adequate buffering from surrounding uses.
8. 
On-site consumption. There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, or marijuana and/or any marijuana products by any patrons. Salespersons/ operators of the facility shall not consume marijuana and/or marijuana products on site.
[1982 Code § 16-8.1]
Within any LI-OR District, no building, structure, lot or land shall be used for other than one or more of the following uses:
a. 
Light manufacturing.
b. 
Offices, office building, research institute or laboratory.
c. 
Storage building.
[1982 Code § 16-8.2]
a. 
Customary accessory uses and structures.
b. 
Private garage or parking area.
c. 
Signs, pursuant to the provisions of this chapter.
[1982 Code § 16-8.3]
For lot and yard requirements, see Schedule I, Schedule of Zone Regulations.
[1982 Code § 16-8.4]
Within any LI-OR District, public utility buildings or structures shall be permitted subject to approval by the Borough Planning Board.
[1982 Code § 16-8.5]
One parking space shall be provided for each 300 square feet of floor space per building.
[1982 Code § 16-9; Ord. 12-22-86]
See Schedule I, Schedule of Zone Regulations, included as an attachment to this chapter.
[1982 Code § 16-10.1; Ord. 8/26/08 § 1]
Any use not specifically permitted in a zoning district established by this chapter is specifically prohibited from that district, and the following uses and activities are specifically prohibited on all and every property in the Borough.
a. 
All billboards of any type plus signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
b. 
Carousels, roller coasters, ferris wheels, pony or train rides, midways, sideshows, and similar outdoor commercial recreation facilities.
c. 
Trailer coach or mobile home parks.
d. 
Junk yards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags, or other scrap or waste material.
e. 
Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
f. 
The use of any building or premises in such a manner that the health, safety or welfare of the community may be damaged.
g. 
Outdoor drive-in theaters.
h. 
Drive-in restaurants.
i. 
Any trade, industry or use which is noxious or offensive by reason of the emission of smoke, noise, gas, odor, dust, vibration or excessive light beyond the limits of its lot, so as to be dangerous or prejudicial to the public health, safety or general welfare.
j. 
Rendering plants for animals products.
k. 
Trailer camps.
l. 
Manufacture or storage of explosives or fireworks.
m. 
Dump or junkyard.
n. 
Vending machines not located entirely within a principal building.
o. 
Open front stores arranged and designed for the purpose of making sales to persons on the public street or sidewalk.
p. 
Open air retail sales establishments other than for automotive fuels, agricultural, or horticultural products.
q. 
Sand or gravel pits, rock quarries.
r. 
Rear dwellings.
s. 
Adult bookstore.
t. 
Massage parlor.
u. 
Service station/repair garage.
v. 
Taxi/limousine service.
w. 
Private parking lot.
x. 
Vehicle sales establishment.
y. 
Construction equipment storage.
z. 
Automobile sales.
aa. 
Adult entertainment uses.
[Added 3-13-2018 by Ord. No. 3-13-18(2)]
bb. 
Hotels and Motels.
[Added 3-13-2018 by Ord. No. 3-13-18(2)]
[1982 Code § 16-11.1]
All multiple dwellings (excluding attached two-family dwellings) and senior citizen structures shall adhere to the regulations itemized in this section.
[1982 Code § 16-11.2]
The following minimum distances shall be maintained:
a. 
Between all main buildings and detached accessory buildings: 50 feet.
b. 
Between ends of buildings where walls are parallel to each other with driveway between buildings: 60 feet.
c. 
Between ends of buildings where walls are parallel to each other: 30 feet.
d. 
From the front facade of a structure to the front facade of an opposite structure where walls are parallel: 100 feet.
e. 
From the rear facade of a structure to the rear facade of an opposite structure where walls are parallel: 70 feet.
f. 
From the front facade of a building to the side wall of an adjoining building where walls are parallel but do not overlap: 20 feet, with no intervening driveway.
g. 
The front facade of a building shall not overlap the side wall of an opposite building by more than eight feet unless the buildings are joined together. In no case shall windows in any wall be obstructed by any abutting walls.
h. 
The term "parallel" as used in this subsection shall include the meaning approximately or approaching parallel positions.
i. 
No building shall be erected closer than 50 feet to a public street (or right-of-way). No structure shall be closer to a property line than 50 feet, except that an accessory garage shall be no closer to a property line than 40 feet. Where adjoining one-family residential lots exist, or where the adjoining property is zoned for residential use, a buffer strip shall be maintained at the property line within the required setback area of at least 10 feet in width. This buffer strip shall be left in its natural state or planted to establish a visual screen in accordance with the recommendations of the Planning Board.
[1982 Code § 16-11.3]
a. 
Internal access roads or driveways shall be paved 14 feet wide for a one-way roadway and 18 feet wide for a two-way roadway. Parking is prohibited in all access roads or driveways.
b. 
There shall be a minimum of two means of access to the site from a public street or streets, one of which shall be in the Borough or, in the alternative, the interior roadway shall form a loop connecting to a single access to a public street in the Borough. This access road shall be paved to a width of 25 feet at the entrance, with a reservation of a right-of-way 40 feet in width.
c. 
Concrete or asphalt sidewalks five feet wide shall be required from each building entrance to the parking areas and shall connect with sidewalks from other buildings as required by the Planning Board. Concrete or Belgian-block curbs shall separate all grass and paved areas, and concrete or asphalt sidewalks and curbing shall be erected along all public street frontages where required by the Planning Board.
d. 
All parking areas shall be paved. Parking spaces shall be provided on the basis of two spaces for each dwelling unit and shall otherwise conform to all requirements of the zoning chapter. Parking stalls in all parking spaces shall be closer than 10 feet to principal apartment buildings. All parking areas shall be located in side-yard or rear-yard areas. Parking stalls in all parking spaces shall be closer than 10 feet to principal apartment buildings.
[1982 Code § 16-11.4]
No structure shall be more than 160 feet in length. Within that distance the facade should contain breaks or other treatments to subtly and aesthetically interrupt the facade wall.
[1982 Code § 16-12.1]
Any restrictions or requirements with respect to buildings or land or both which appear in other ordinances of the Borough as established by law and which are greater than those set forth in this chapter shall take precedence over those herein. Otherwise the provisions of this chapter shall apply.
[1982 Code § 16-12.2]
No building shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt, nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth by the Schedule, nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designed in the Schedule and this chapter for the zone in which each building or space is located. In the event of any such unlawful encroachment or reduction, the building shall be deemed to be in violation of the provisions of this chapter.
[1982 Code § 16-12.3]
No land may be used and no structure may be erected, raised, moved, extended, enlarged, altered, demolished or used for any purpose other than that permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
[1982 Code § 16-12.4]
No building or part thereof shall be erected, constructed, altered, repaired or moved until a building permit has been issued by the Construction Official.
[1982 Code § 16-12.5]
No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a Certificate of Occupancy shall have been issued by the Construction Official. The Certificate of Occupancy shall state that the use of building and premises complies with all the provisions of this chapter and all other applicable and State requirements. Certificates of Occupancy shall be granted or denied within 10 days after application thereof has been received by the Construction Official.
[1982 Code § 16-12.6]
A lot used for a single-family residence purpose shall contain only one principal structure. Every principal structure shall be built upon a lot with frontage upon the public street.
[1982 Code § 16-12.7]
Off-street parking spaces shall be provided as specified in this chapter and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not be encroached upon or reduced in any manner.
[1982 Code § 16-12.8; Ord. 8/26/08 § I]
a. 
All accessory structures or buildings shall conform to the side and rear yard setback requirements for a principal building. Height of an accessory building or structure shall not exceed 15 feet in any residential zone and 20 feet in any nonresidential zone. No accessory building or structure shall be erected in the required front yard setback or front yard area between the front plane of the principal building and the right-of-way.
b. 
Accessory buildings or structures that do not have a foundation shall not exceed 80 square feet in area. The height of a non-foundation accessory building or structure shall not exceed eight feet. A non-foundation accessory building or structure shall conform to side and rear setback requirements for a principal building. No non-foundation accessory building or structure shall be located in the required front yard setback or front yard area between the front plane of the principal building and the right-of-way.
[1982 Code § 16-12.9]
Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets.
[1982 Code § 16-12.10]
No yard or other space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
[1982 Code § 16-12.11]
Notwithstanding the lot area, lot width and lot coverage requirements, a single-family dwelling, where it is a permitted or a special exception use, may be erected on any lot separately owned and not adjacent to any lot in the same ownership at the effective date of this chapter, provided that the aggregate width of the side yards is not less than 25% of the lot width, and that the narrower side yard is not less than three feet in width.
[1982 Code § 16-12.12]
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.
[1982 Code § 16-12.13; Ord. 9/8/09]
The height limitations of this chapter shall not apply to chimneys, silos, church spires, gables, cupolas, standpipes, flagpoles, monuments, television and radio antennas or towers, cables, scenery lofts or water tanks and similar structures and necessary mechanical appurtenances for that zone in which the building is located provided that no exceptions, when connected to and a part of a principal building, shall cover at any level more than 10% of the area of the roof on which it is located. All items in excess of the height regulations shall be set back from the property line at least a distance equal to their height.
a. 
Height of Building. Height of building or structure (residential) means the average distance between the ridge and eave of the roof to the average finished grade to be calculated in accordance with the Uniform Construction Code.
[1982 Code § 16-12.14]
No permit shall be granted for a structure or use if the design or construction of the same involves or is likely to involve exceptional risk of traffic congestion, public safety or hazard. No lighting of any kind shall be permitted which interferes with or is likely to involve a risk of traffic safety.
[1982 Code § 16-12.15; Ord. 4-11-00]
Notwithstanding any other provision of this chapter, the parking or storage of mobile homes, travel trailers and campers in a residential district is prohibited except as follows:
One unoccupied travel trailer owned by property owner, or tenant or
One unoccupied camper owned by property owner or tenant, or
One unoccupied mobile home owned by property owner or tenant may be parked within the property lines of a residence under the following conditions:
a. 
Such vehicles shall not be occupied at any time;
b. 
Such vehicles shall not be parked where such parking shall constitute a clear and demonstrable vehicular traffic hazard or be a threat to public health or safety;
c. 
Such vehicle shall not be parked within the front yard where there is an existing driveway or other access leading to the rear yard of a residence that can accommodate such vehicle;
d. 
Such vehicle shall not exceed 25 feet from front bumper to rear bumper;
e. 
For the purposes of this section, the side and rear yard setbacks are not to apply;
f. 
Such vehicle must have a current valid registration.
[1982 Code § 16-12.16]
No building or use which is markedly incongruous with the character of the neighborhood so as to materially affect the value of adjacent or nearby property shall be constructed, erected or used.
[1982 Code § 16-12.17]
In the business and industrial zones, no articles or material shall be kept, stored (except articles for sale) outside the confines of a building unless the same is so screened by special planting or a fence as approved by the Planning Board so that it is not visible from an adjacent residential zone or public street. Seasonal farm products grown on the premises is a specifically permitted outdoor use and may be displayed in the front yard of any lot without being screened.
[1982 Code § 16-12.18]
Except as hereinafter provided, no building or premises shall be used except in conformity with the provisions of this chapter which apply to the district in which it is located. However, any nonconforming use existing at the time of passage of this section[1] may be continued provided that the building or premises involved shall neither be altered nor enlarged unless the use thereof shall be changed to a use permitted in the district. No nonconforming use, if once changed to a use permitted in the district in which it is located shall ever be changed back to a nonconforming use. Nothing in this chapter shall prevent the restoration of a building destroyed less than 50% of its value, exclusive of the foundations, by fire, explosion, act of God, or act of public enemy subsequent to the passage of this section, or shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof. Nothing in this chapter shall prevent the restoration of a wall declared unsafe by the Construction Official.
[1]
Editor's Note: This zoning chapter was originally adopted August 8, 1979.
[1982 Code § 16-12.19]
An open porch not over one story in height may project into any required side yard provided it does not come nearer to the side lot line than a distance equivalent to 6% of the width of the lot, and in no case less than three feet.
[1982 Code § 16-12.20]
This chapter shall be enforced by the Construction Official under the rules and regulations to be adopted by the Board of Adjustment[1] of the Borough.
[1]
Editor's Note: See Chapter 20, Land Use Procedures, Section 20-3.
[1982 Code § 16-12.21]
All applications for building permits shall be accompanied by a plan in duplicate, drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon; the exact size and location on the lot of the building together with the lot and block number of the premises as shown on the Tax Map of the Borough of Victory Gardens and such other information as may be necessary to determine and provide for the enforcement of the chapter.
[Ord. 8/26/08 § 1]
a. 
To meet the purposes, goals and standards set forth in this Zoning Ordinance, the Borough Master Plan and Municipal Land Use Law, the applicable provisions of the Zoning Ordinance relating to minimum residential lot area shall be modified in areas of slopes greater than 15%.
1. 
Minimum lot area for a residential lot shall be determined by multiplying the total land area in various slope categories by the following factors that aggregate to, at least, the minimum lot area required in the respective residential zone district.
Slopes
(percent)
Factor
0-15
1.0
16-19
0.5
20-29
0.2
30 or greater
0.0
Slope calculations shall be based on contour intervals of two feet.
Example:
Slope
Gross Land Area
(square feet)
Factor
Net Land Area
(square feet)
0-15
3,000
1.0
3,000
16-19
2,000
0.5
1,000
20-29
5,000
0.2
1,000
30+
1,000
0.0
0
11,000
5,000
b. 
No development or improvements shall be permitted on slopes of 30% or higher. Manmade steep slopes are exempt.
c. 
No lot for one single-family home shall be required to be greater than 10,000 square feet.
d. 
No lot for one two-family home shall be required to be greater than 15,000 square feet.
e. 
All single-family lots and two-family lots in existence at the time of adoption of this amendment to the zoning ordinance shall be classified as conforming. Subdivision of any lot or property in the Borough, however, shall be governed by this section.
[Ord. 8/26/08]
The maximum impervious surface permitted on residential property shall be based on the percentage of slope as follows:
Slopes (%)
Maximum Impervious Surface
0-15
As permitted in the Zoning Ordinance
16-19
50% of that permitted in zone
20-29
20% of that permitted in zone
30+
No development permitted
[New]
The official Zone District Map may be found in the Municipal Building of the Borough of Victory Gardens.
a. 
Map amendments.
1. 
The Zone District Map of the Borough of Victory Gardens, a true and accurate copy of which is attached hereto and made a part hereof, is hereby amended and revised by moving the zoning boundary between the S- 1 Single and Two-Family Dwellings Zone and the B Business Zone in an eastern direction whereby all lots fronting on South Salem Street shall remain in the Business Zone, with all remaining lots in the B Business Zone to the west fronting on either Washington Avenue or Franklin Road shall be rezoned to the S-1 Single and Two-Family Dwellings Zone within the Borough of Victory Gardens.
Editor's Note: The zoning map may be found in the Borough offices.
[Added 3-13-2018 by Ord. No. 3-13-18(1)]