[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This chapter is adopted pursuant to the Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq., for all of the purposes set forth in N.J.S.A. 40:55D-2, and for the purpose of promoting the public health, safety and welfare by the regulation and control of land use. This Part 1 being necessary for the welfare of the Town of Morristown and its inhabitants, it shall be construed liberally to effect the purposes thereof and to allow the full and complete exercise of all powers delegated to municipalities by the Municipal Land Use Law, as the same exists or may in the future be amended. Under the powers established in N.J.S.A. 40:55D-62(a) and N.J.S.A. 40:55D-65(a), buildings and uses are limited to zones based upon the character of each district and the peculiar suitability of the buildings and uses. Under powers established in N.J.S.A. 40:55D-62(a) and N.J.S.A. 40:55D-65(b) bulk standards are established.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
The locations and boundaries of the districts are shown on the 2018 Zoning Map of the Town of Morristown, prepared by Topology NJ LLC, dated June 28, 2018, which map and any subsequent amendments are hereby incorporated by reference and made part of this Chapter 30. The Zoning Map is depicted in Article 2C.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Except when otherwise referenced on the Map, it is the intent of this Chapter 30 that:
a.
Properties shall be fully contained within a zone district. In the
case of a split zoned property, or in the case of uncertainty as to
the true location of any district boundary line, the Board of Adjustment
shall have jurisdiction for interpretation pursuant to N.J.S.A. 40:55D-70(b).
District boundary lines shown on streets, roads, alleys or railroad
or utility rights-of-way are located on center lines.
b.
Boundaries indicated as following boundaries of public or private
property lines, rights-of-way, or easements shall be construed as
following such boundaries.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Where the requirements of the Morristown Zoning Code conflict
with the applicable requirements of any law, statute, rule, regulation,
ordinance, or code, or contains a conflict with a different part of
the Zoning Code, the most restrictive or that imposing the higher
standard shall govern.
a.
This Zoning Code replaces the Zoning Regulations of the Town of Morristown,
1979. The regulations contained within this Zoning Code apply to all
properties within the Town of Morristown.
b.
No lot, building, structure or use, except to the extent that it
exists as a valid, preexisting nonconforming use or structure as of
the date of adoption of this chapter, shall be developed, erected,
built, used or occupied unless the same complies with all of the requirements
of this Zoning Code.
c.
Except as specifically otherwise provided in this chapter, no lots
or parcels of land shall be used, and no building or structure shall
be erected, altered, moved, added to, enlarged or occupied, for any
purpose or in any manner:
1.
Not specifically permitted as a permitted use in the district in
which it is located.
3.
Not specifically complying with building height requirements.
4.
Not specifically complying with any other provisions of this chapter
or any federal, state or local licensing requirements prerequisite
to the conduct of any business, trade or use, or in violation of any
previously granted variance, site plan, building or occupancy permit.
d.
In interpreting the provisions of this Chapter 30, except as otherwise expressly provided:
1.
One principal structure per lot. No more than one principal structure
shall be allowed on any lot unless multiple buildings are explicitly
permitted as seen in the respective building type diagram or building
type description.
2.
Area, bulk and yard requirements must be satisfied on same lot. All land designated to satisfy bulk and area requirements of this Chapter 30 must be located on the same lot.
3.
In commercial districts, two or more uses may be permitted on a property
unless specifically prohibited by the district.
4.
Use and bulk parameters specific to a zone may not be applied to
an overlay nor may use and bulk parameters in a specific overlay be
applied to a zone.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
The provisions of this Zoning Code shall define the minimum and maximum
limitations, as the case may be, adopted for the promotion of the
public health, safety and general welfare.
b.
The following general rules of construction shall apply to the text
of this Zoning Code.
1.
Headings. Section and subsection headings shall not be deemed to
govern, limit, modify or in any manner affect the scope, meaning,
or intent of any provision of the Zoning Code.
2.
Illustrations. In case of any difference of meaning or implication
between the text of any provision and any illustration, the text shall
control, unless the intent of the Zoning Code is clearly otherwise.
3.
Terminology. "Shall" is always mandatory and not permissive. "May"
is permissive. "Should" is advisory and identifies guidance provided
by the governing body in the implementation of these regulations.
Applications incorporating advisory standards may apply these advisory
standards towards the positive criteria presented in the case where
variance relief is required.
4.
Conjunctions. Unless the context clearly indicates otherwise, the
following conjunctions shall be interpreted as follows:
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
Rounding: Where requirements or limitations are to be computed
for purposes of this Zoning Code, fractions shall be carried forward
in the summation, and the total rounded to the nearest whole number.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
If the provision of any section, paragraph, subdivision or clause
of this code shall be judged invalid by any court of competent jurisdiction,
such order or judgment shall not affect or invalidate the remainder
of any such section, paragraph, subdivision or clause, and to this
end the provision of this code is hereby declared to be severable.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
All ordinances or parts of ordinances inconsistent with the
code, unless otherwise stated within the code, are hereby repealed
to the extent of such inconsistency.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
This code shall take effect immediately upon its final passage,
publication and as required by law.
[Ord. No. O-25-2018, 7-12-2018; amended 8-8-2023 by Ord. No. O-11-2023]
a.
This section shall apply to all structures, buildings and uses lawfully
in existence before the adoption of the first Morristown Zoning Ordinance
or lawfully established, including by variance, prior to the adoption
of any revision, amended ordinance or subsequent Zoning Ordinance
or this chapter, which do not conform to all other requirements of
this chapter, and to all such buildings, structures or uses which
become nonconforming by reason of any subsequent amendment to this
chapter or by the granting of any variance or exception from the terms
thereof. Any such nonconforming use or structure may be continued
upon such lot or in such structure, provided that no nonconforming
use or structure shall be:
1.
Enlarged, extended, intensified or altered, or placed on a different
portion of its lot, parcel of land, building or structure.
2.
Reestablished once abandoned or discontinued. A presumption of abandonment
exists if the use is discontinued or interrupted for a period of two
years or longer or the use is changed to or replaced by a conforming
use.
3.
Repaired or restored if partially destroyed, damaged or deteriorated
to the extent that 50% of the usable floor area is rendered unsafe
or unusable or the cost to restore the building or structure shall,
in the sole judgment of the Construction Code Official, exceed 75%
of the value of the building or structure on the day prior to the
damage or destruction, or it would be unsafe to allow the building
or structure to be repaired or replaced. Normal maintenance or incidental
repair of the nonconforming building or structure shall be allowed,
provided that it does not result in the expansion of the volume or
area devoted to the nonconforming use.
4.
Completely replaced, including foundation, except as specifically
authorized herein. With respect to buildings that are nonconforming
by reason of subsequent amendment of the Zoning Ordinance, a portion
of a residential structure constituting less than 25% of usable floor
area, including finished attic, basement and porches, may be completely
removed and rebuilt including the foundation, without the need for
a variance, upon the following conditions:
(a)
The removal and reconstruction is part of the maintenance of
the residential structure.
(b)
The replacement is rebuilt to appear and have the same or lesser
dimensions as the section that was removed.
(c)
The removal and reconstruction of the replacement section is
completed within one year of the date of the issuance of the building
permit.
(d)
The replacement must conform to all other applicable codes.
(e)
A zoning permit is issued.
b.
In the case a structure other than the principal residence, completely
replaced, except as specifically authorized herein. With respect to
an existing retaining wall located in required front, side or rear
yards the location of which is nonconforming by reason of subsequent
amendment of the Zoning Ordinance, the wall may be replaced, without
the need for a variance, upon the following conditions:
1.
The removal and reconstruction is part of the maintenance of the
wall.
2.
The replacement wall will be of the same or lesser dimensions and
in the exact location of the existing wall.
3.
The existing wall and replacement wall do not exceed four feet in
height at any point.
4.
The removal and replacement of the wall is completed within one year
of the date of the issuance of the building permit.
5.
The replacement wall must conform to all other applicable codes.
6.
A zoning permit is issued.
