This chapter shall be known as the "City of Summit Development Regulations Ordinance."
This chapter is adopted pursuant to the Municipal Land Use Law (MLUL), (N.J.S.A. 40:55D-1 et seq.), in order to promote and protect the public health, safety, morals and general welfare.
It is the purpose of the City in adopting this chapter to exercise to the fullest the powers granted to the City by the State of New Jersey to manage land use through zoning, subdivision and site plan control, and through the police power generally. It is the further purpose of the City in adopting this chapter to organize and codify all such powers of land use management into one comprehensive, cohesive system in order to facilitate the administration of land use procedure while providing maximum protection of the public health, safety and general welfare in accordance with the provisions of N.J.S.A. 40:55D-2 et seq. It is the intent and purpose of this chapter to:
A. 
Plan and guide the appropriate use or development of all land in a manner which will promote the public health, safety, morals and general welfare by means, including the following:
1. 
Regulate the location of buildings and establish standards of development; establish setback lines of buildings designed for residential, commercial, industrial, office or other uses and by fixing reasonable standards to which buildings or structures shall conform.
2. 
Prohibit incompatible uses and prohibit uses, buildings or structures which are incompatible with the character and scale of development of the permitted uses within specified zoning districts and surrounding areas.
3. 
Regulate alterations of existing buildings, and prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
4. 
Establish regulations to guide individual lot development so as not to negatively impact neighboring properties.
5. 
Conserve the value of land and buildings throughout the City.
B. 
Secure safety from fire, flood, panic and other natural and man-made disasters.
C. 
Provide adequate light, air and open space.
D. 
Ensure that land development in the City of Summit does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole, provided that where there is conflict between the City and adjoining municipal development patterns and regulations, the greater deference shall be given to the City planning and zoning provisions in regulating the propriety of the City's ordinances and Master Plan.
E. 
Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, maintenance of the character of the neighborhoods, preservation of the environment and quality of life.
F. 
Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
G. 
Provide sufficient space in appropriate locations for a variety of residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
H. 
Encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion or blight and minimizing negative impacts to residential streets.
I. 
Promote a desirable visual environment through creative development techniques and good civic design and arrangements.
J. 
Promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper land use.
K. 
Encourage coordination of various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
L. 
Provide, within the community's resources, for the future housing needs of the citizens of the City of Summit.
M. 
Promote utilization of renewable energy sources and sustainable building practices.
N. 
Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
O. 
Establish orderly and uniform procedures relating to land use and development regulation.
P. 
Generally achieve and advance the various purposes of the Municipal Land Use Law (P.L. 1975, c. 291) as set forth in the Statement of Purposes of said law in N.J.S.A. 40:55D-2.
Q. 
Preserve and enhance the character of Summit by promoting development that is harmonious with surrounding development while adhering to the goals and objectives of the Master Plan and design requirements set forth in Article XIV and design guidelines located in the Appendix of this chapter.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
A. 
Where the provisions of this chapter impose greater restrictions than those imposed by any other law, ordinance, regulation or resolution, the provisions of this chapter shall control. Where the provisions of any other law, ordinance, regulation or resolution impose a greater restriction than this chapter, the provisions of such other law, ordinance, regulation or resolution shall control.
B. 
Matters not regulated herein shall be governed by applicable provisions of the MLUL. In the event of any conflict between the provisions of this chapter and the MLUL, the MLUL shall control.
C. 
The requirements of this chapter shall be held paramount to any less restrictive provisions or requirements established by deed restriction, private covenant or agreement. Without limiting the foregoing, where this chapter imposes a greater restriction or limitation upon the use of buildings or premises or upon the height of buildings or lot coverage, or requires greater lot areas or larger yards, courts or other open spaces than are required by covenants or restrictions imposed by deed or private agreement, the provisions of this chapter shall control.
D. 
Related facilities, such as yards, parking and shared parking, cannot be attributed more than once to structures; e.g., a side yard belongs to the house on its lot, and cannot also serve the house on the adjacent lot.
E. 
It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter. No building permit shall be issued unless the plans are accompanied by an approved zoning permit. No zoning permit shall be issued unless the proposed structure, use, temporary activity, or construction activity is in compliance with this chapter or is a valid prior nonconforming use. In cases involving the new use of an existing structure, no certificate of occupancy for the new use shall be issued until a zoning permit has been issued.
F. 
All provisions are minimal unless otherwise stated or clearly maxima by context. They apply with equal force to initial construction and subsequent modification or addition.