No use or occupancy of any building, structure or land shall hereafter be changed to a different use or occupancy 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, except as hereinafter provided.
A.
Prohibited uses in all zones. Uses that are prohibited in all zones are uses not expressly permitted in the Schedule of District Regulations,[1] including, not by way of limitation, the following:
(1)
Junkyards, including automobile wrecking.
(2)
Earth extraction or land mining operations.
(3)
Dumping or disposal of waste or scrap material of any kind, except when approved as a conditional use.
(4)
Bulk storage (more than 5,000 gallons) of petroleum, petroleum products or any other flammable liquids, solids, or gases.
(5)
Commercial slaughterhouses.
(6)
Mobile homes or trailers for human habitation on separate lots or in mobile home or trailer parks.
(7)
Fertilizer production or processing.
(8)
The use of any land, building, or equipment of any kind for the temporary or permanent storage of spent nuclear fuel or radioactive waste material of any kind. The transportation of such spent nuclear fuel or radioactive waste material through the Township shall conform to all applicable Nuclear Regulatory Commission and Department of Environmental Protection regulations.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
B.
All classes of cannabis establishments (including cannabis cultivators, cannabis manufacturers, cannabis wholesalers, and cannabis retailers), cannabis distributors, and cannabis delivery services, as such terms are defined in Section 3 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16) (the "Act");[2] all medical cannabis-related land use and development, including but not limited to medical cannabis cultivators, medical cannabis manufacturers, medical cannabis dispensaries, and all other alternative treatment centers as defined by the Act; and all other cannabis-, medical-cannabis-, and marijuana-related land use and development, whether recreational, medical or otherwise, and whether or not licensed or regulated pursuant to other laws, including but not limited to cannabis, medical cannabis, and marijuana cultivation, production, manufacturing, testing, and sales, are prohibited in all Elsinboro Township zoning districts, provided that the lawful transfer and delivery of cannabis items, medical cannabis items, and cannabis- and medical-cannabis-related supplies to locations within Elsinboro Township by transfer or delivery services that are based outside of Elsinboro Township, and the lawful possession and lawful private use of cannabis, medical cannabis, or other marijuana-related products by persons within Elsinboro Township shall not be prohibited. The foregoing prohibitions have been enacted in conformance with Section 31.b of the Act, to become effective prior to the August 22, 2021, deadline established in Section 31.b of the Act.[3]
[Added 7-6-2021 by Ord. No. 2021-06]
A.
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 a narrower or smaller rear yard, front yard, side yard or other open spaces than are herein provided, or in any other manner contrary to the provisions of this chapter, except as hereinafter provided.
B.
Contiguous lots. If two or more lots or combinations of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area less than the requirements stated in this chapter.
C.
Corner lots. Building setback lines for a corner lot shall be the same as required on the adjoining lot along either block.
D.
Existing lots. A lot failing to meet the district requirements for area or width and which is demonstrated to have been of public record and not of contiguous frontage with other lots in the same ownership at the time of enactment of this chapter may be used for a permitted use in the district in which it is located only upon the issuance of a variance by the approving authority after public hearing and a showing by the applicant that he cannot reasonably obtain additional space to meet chapter requirements. Any variance granted shall constitute the minimum adjustment necessary to permit the reasonable use of the lot.
E.
Front yard requirement modifications.
(1)
Where a lot has frontage upon a county road proposed for right-of-way widening on the Master Plan or Official Map of the County of Salem, the required front yard depth shall be measured from and parallel to the proposed right-of-way line measured at right angle unless the existing street line is a greater distance from the road center line.
(2)
Where a lot has frontage on any road with the street line at less than 25 feet measured at right angle from the center line, the required front yard depth shall be measured from a line parallel to and at that distance from the center line.
F.
Irregularly shaped lots. In the case of irregularly shaped lots on cul-de-sac or curved street sections, the minimum lot width specified in the schedule shall be measured at the building setback, provided that in no case shall a distance between side lot lines be reduced to less than 75% of the minimum lot width requirement at the street line.
G.
Overlapping required space. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any buildings 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.
H.
Yard reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in size 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 as established by this chapter.
I.
Uniformity. Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
J.
Public street frontage. Every principal building shall be built upon a lot having sufficient frontage on a public street as defined in this chapter.
K.
Height exceptions.
(1)
All buildings and structures shall be subject to height limitations specified in the Schedule of District Regulations[1] except spires, belfries, silos, domes, cupolas, scenery lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses, water tanks, towers, antennas, skylights, bulkheads, and similar decorative features and necessary mechanical appurtenances usually carved above roof level, provided that the following requirements are met:
(a)
The total horizontal area covered by such features shall not exceed 20% of the area covered by the principal building. Agriculture buildings shall not be subject to the horizontal area limitation.
(b)
The excess height of any structure shall not be greater than the shortest distance from such structure to any required yard nor shall the total height exceed twice the building height limitation in the district in which it is located.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
(2)
The foregoing does not pertain to transmission towers and associated right-of-way widths which are to be determined by standards in the National Electrical Safety Code.
L.
Projections. Building projections, including bays, chimneys, cornices and gutters, may extend into required yard areas for a distance not to exceed five feet and shall not be located within 10 feet of any property line.
M.
Minimum gross habitable floor area. The minimum gross habitable floor area specified in the Building Standards of the Schedule of District Regulations shall be observed in all new construction and maintained in all existing dwelling units. These standards are minimums based upon general welfare and public health consideration and vary based upon the number of bedrooms, which indicates the approximate number of anticipated residents.
A.
Any nonconforming structure or use lawfully existing at the time of enactment of this chapter or any subsequent amendment may be continued with the following limitations:
(1)
A nonconforming use shall terminate upon abandonment at any time, which shall be presumed when the actual conduct of a nonconforming use is discontinued for a period of 12 consecutive months for any reason or is resumed for less than one month within a year. The structure, premises, or structure and premises in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(2)
A nonconforming use shall not be enlarged, extended, moved to a different position on the lot, or structurally altered in any way, except as may be required for normal maintenance or to prevent damage or injury. A preexisting, nonconforming use in a structure may be changed to a use permitted in the district in which it is located.
(3)
A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity and shall not be moved any distance whatever unless it will thereafter conform to the regulations of the district in which it is located.
(4)
A nonconforming structure or use shall not be reconstructed except in conformance with this chapter should such structure be destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction.
(5)
Any nonconforming structure or use which is superseded by a permitted structure or use shall thereafter conform to the regulations of the district in which it is located and the nonconforming structure or use shall not be reinstituted.
B.
An application may be made to the Planning Board for relief if a nonconforming structure or use is not permitted to be continued based upon the conditions listed in Subsection A of this section if warranted by hardship or special reasons. Such application shall conform to the procedures listed in Article VI, Development Review Procedures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]