[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.
[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.
[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.
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:
c. Bank, Savings and Loan Association.
d. Personal service store or studio.
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.
c. Public utility building or structure.
[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:
b. Offices, office building, research institute or laboratory.
[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.
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.
l. Manufacture or storage of explosives or fireworks.
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.
u. Service station/repair garage.
x. Vehicle sales establishment.
y. Construction equipment storage.
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 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.
[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 of the Borough.
[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.
|
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)]