[Adopted by Ord. No. 18-1993; amended by Ord. No. 12-1995]
The City is divided into the following zones:
|
Zone
|
Description
|
|---|---|
|
RA
|
Single-Family Residential
|
|
RB
|
One and Two-Family Residential
|
|
RC
|
Townhouse Residential
|
|
RM
|
Medium-Density Residential
|
|
RM-G
|
Garden Apartments
|
|
RM-T
|
Townhouses
|
|
RM-H
|
Multilevel Dwellings
|
|
B-1
|
General Business
|
|
B-2
|
Highway Commercial
|
|
M-1
|
Light Industrial
|
|
M-2
|
Heavy Industrial
|
|
Overlay Zone
|
Riparian Zone
[Added 6-3-2009 by Ord.
No. 11-2009] |
|
SDD
|
Special Design District in B-1 District
|
[Amended 11-8-1978 by Ord. No. 1016; 4-5-1983 by Ord. No. 1093; 2-7-2001 by Ord. No. 2-2001]
Editor's Note: See § 53-130 for Redevelopment Plans.
A.
The City of South Amboy is hereby divided into zones or districts
as shown on the Tax Map entitled "Zoning Map of the City of South
Amboy dated 1977," as amended and as revised August, 1978, December
7, 1982, July 14, 1995, August 1, 2000 and December 11, 2000, which
is hereby adopted by reference and declared to be part of this chapter.
[1]
Editor's Note: Zoning Map on file at the City Offices. Additional
revisions are indicated on the Zoning Map.
Where uncertainly exists as to the boundaries of districts as
shown on the Official Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed as following such
center lines unless such zone boundary lines are fixed by dimensions
shown on the Official Zoning Map.
B.
Boundaries indicated as approximately following platted lot lines
and where they do not scale more than 10 feet distance therefrom shall
be construed as following such lot lines, unless specifically shown
otherwise.
C.
In unsubdivided land and where a zone boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions
shown on the map, shall be determined by the use of the scale appearing
thereon.
D.
Boundaries indicated as approximately following municipal limits
shall be construed as following municipal limits.
E.
Boundaries indicated as following railroad lines shall be construed
to be midway between the main tracks.
F.
Boundaries indicated as following shorelines shall be construed as
following such shore lines, and in the event of change in the shoreline,
shall be construed as moving with the actual shoreline. Boundaries
indicated as approximately following the center lines of streams,
rivers or other bodies of water shall be construed as following such
center lines.
G.
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through F above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian right areas are adjoined.
H.
Where a zoning lot is located in part in one zoning district and
in part in another zoning district, the entire zoning lot or portion
thereof located in the neighboring zone may be used for a purpose
permitted in either zone upon application for a conditional use permit
and upon determining by the Planning Board that the following standards
and conditions are met:
(1)
The use contemplated can best be established by utilizing the portion
of the zoning lot in the neighboring zone district without materially
affecting the adjoining areas.
(2)
The site plan shall be appropriate to the adjoining area.
(3)
A set of plans, specifications and plot plans shall be filed in triplicate
with the Planning Board, showing overall dimension, topographical
conditions, the location and intended use of existing and proposed
buildings, the relationship of the proposed use to the streets and
adjacent property and other physical features which might act as a
deterrent to the general welfare.
The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered unless in
conformity with all of the regulations herein specified for the district
in which it is located.
B.
No building or other structure shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
families, to occupy a greater percentage of lot area or to have narrower
or smaller rear yards, front yards, side yards or other open spaces
than herein required, or in any other manner contrary to the provisions
of the chapter.
C.
No part of a yard or other open space or off-street parking or loading
space required about or in connection with any building for the purpose
of complying with this chapter shall be included as part of a yard,
open space or off-street parking or loading space similarly required
for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall
be reduced in dimension or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
E.
Only those uses specifically identified as a permitted principal
use, permitted accessory use, conditional use, permitted sign or other
permitted use shall be permitted. All other uses are prohibited.
F.
All territory which may hereafter be annexed to the municipality
shall be considered to be zoned in the same manner as the contiguous
territory inside previous municipal limits until otherwise classified.
A.
Zoning Officer.
(1)
A Zoning Officer shall administer and enforce this section of this
chapter. He may be provided with the assistance of such other persons
as the governing body may direct.[1]
(2)
If the Zoning Officer shall find that any of the provisions of this
chapter are being violated, by inspection or examination by the Administrative
Official or his duly authorized assistants of any building, plans
or premises, and he shall have the right to enter any building or
premises during daylight hours in the course of his duty; he shall
notify in writing the person responsible for such violations, indicating
the nature of the violation and ordering the action necessary to correct
it; he shall order discontinuance of illegal use of land, buildings
or structures; removal of illegal buildings or structures or of additions,
alterations or structural changes thereto; discontinuance of any illegal
work being done; or shall take any other action authorized by this
chapter to ensure compliance with or to prevent violation of its provisions.
The stated violation shall then be corrected by action of the violating
party, and a second inspection and approval shall be accomplished
within 30 days.
B.
Certificates of zoning compliance.
(1)
For any development application, it shall be unlawful to use or occupy
or permit the use or occupancy of any building or premises, or both,
or part thereof, hereafter created, erected, changed, converted or
wholly or partly altered or enlarged in its use or structure, until
a certificate of zoning compliance shall have been issued therefor
by the Administrative Official, stating that the proposed use of the
building or land conforms to the requirements of this chapter and
adequate planning standards.
(2)
No permit for erection, alteration, extension, enlargement, movement
or repair of any building shall be issued until a certificate of zoning
compliance has been duly issued in accordance with the provisions
of this chapter. The certificate of zoning compliance shall be issued
by the Administrative Official, stating that the proposed use of the
building or land conforms to the requirements of this chapter and
adequate planning standards. No certificate of zoning compliance shall
be issued by the Administrative Official unless the application for
the said certificate is in conformity with all the provisions of this
chapter or has been duly exempted by variance.
(3)
Failure to obtain a certificate of zoning compliance shall be a violation
of this chapter.
C.
Expiration of building permit.
(1)
If the work described in any building permit has not commenced within
90 days from the date of issuance thereof, said permit shall expire
and be canceled by the Administrative Official and written notice
thereof shall be given to the persons affected.
(2)
If the work described in any building permit has not been substantially
completed within two years of the date of issuance thereof, said permit
shall expire and be canceled by the Administrative Official and written
notice thereof shall be given to the persons affected, together with
notice that further work as described in the canceled permit shall
not proceed unless and until a new building permit has been obtained.
D.
Construction and use to be as provided in applications, plans, permits
and certificates of zoning compliance. Building permits or certificates
of zoning compliance issued on the basis of plans and applications
approved by the Administrative Official authorize only the use, arrangement
and construction set forth in such approved plans and applications
and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized shall be deemed a violation
of this chapter. If any such permit has been authorized and not lifted
from the office of the Administrative Official and executed by the
applicant within a period of six months from the date of authorization,
then such authorization shall be null and void and no permit shall
be issued thereunder.
E.
Exempted uses. The following uses shall be permitted to be located
anywhere in the municipality and shall be exempt from the provisions
of this chapter except as specifically stated in this Article:
(1)
Outdoor telephone booths owned and operated by the New Jersey Bell
Telephone Company. Erection of said booths shall be subject to the
approval of the Administrative Official and the Municipal Engineer
as to sites and construction so that the same shall not constitute
traffic and/or safety hazards. Such telephone booths shall be kept
in a good state of repair and appearance. The erection and maintenance
of said booths shall be subject to such regulations as may be prescribed
from time to time by the Administrative Official and Municipal Engineer
in the interest of health, safety and general welfare of the public.
(2)
Normal and customary public utility and service and distribution
lines.
(3)
All municipal uses and utilities.
(4)
Outdoor shelters for school bus children or bus patrons. Erection
of such shelters shall be subject to the approval of the Administrative
Official and the Municipal Engineer as to sites and construction so
that the same shall not constitute traffic and/or safety hazards.
Such shelters shall be kept in a good state of repair and appearance.
The erection and maintenance of such shelters shall be subject to
such regulations as may be prescribed from time to time by the Administrative
Official and Municipal Engineer in the interest of health, safety
and general welfare of the public. Such shelters may not carry any
advertising or other commercial display.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements, adopted for the
promotion of the public health, safety, morals and general welfare.
Whenever the requirements of this chapter are at variance with the
requirements of any other lawfully adopted rules, regulations, ordinances,
deed restrictions or covenants, the most restrictive or that imposing
the higher standards shall govern.
Whenever a violation of this chapter occurs or is alleged to
have occurred, any person may file a written complaint. Such complaint
stating fully the causes and basis thereof shall be filed with the
Administrative Official. He shall record properly such complaint,
immediately investigate and take action thereon as provided by this
chapter.
