Except as otherwise provided in this chapter,
the lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however, that:
A.
Abandonment. A nonconforming use shall be adjudged
as abandoned when there occurs a change of any use or activity.
B.
Restoration. If any nonconforming building shall be
destroyed by reasons of windstorm, fire, explosion or other act of
God or a public enemy to an extent of less than 75% of the recorded
true valuation, then such destruction shall be deemed partial destruction
and may be rebuilt, restored or repaired. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition of
any wall, floor or roof which has been declared unsafe by the Construction
Code Official.
C.
Reversion. No nonconforming use shall, if once changed
into a conforming use, be changed back again to a nonconforming use.
D.
Alterations. A nonconforming building may not be enlarged
or extended, unless said building is changed to a building conforming
or more nearly conforming to the requirements of this chapter.
E.
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
Each of the sections and provisions of this
chapter shall apply to all zones unless otherwise stated.
No accessory structure may be built on any lot
on which there is no principal building or structure. Unless otherwise
regulated in this chapter, accessory structures shall meet the following
conditions:
A.
Accessory structures in residential zones.
(1)
Except for accessory structures used in connection
with agricultural uses, accessory structures shall not exceed 16 feet
in height.
(2)
Accessory structures shall meet the front and side
yard requirements for principal buildings within the zone.
(3)
Accessory structures erected in the rear yard shall
be that distance from a side or rear property line within the zone
in which they are located in accordance with the following schedule:
|
Zone
|
Distance
(feet)
| |
|---|---|---|
|
R-1
|
15
| |
|
R-2
|
10
| |
|
R-3
|
6
| |
|
R-4
|
6
|
(4)
Accessory structures shall be at least 10 feet from
a principal building and at least six feet from another accessory
building.
(5)
Except for accessory structures used in connection
with agricultural uses, the total ground floor area of all accessory
structures on a lot shall not exceed the ground floor area of the
principal building.
[Amended 3-9-2004 by Ord. No. 04-08]
(6)
No accessory structure shall be used as a dwelling.
B.
Accessory structures in all other districts. For the
purposes of this chapter, accessory structures in all other districts
shall meet the height and yard requirements for principal buildings.
No such accessory building shall be located closer to another building
than the height of the shorter building.
C.
Roof-mounted
solar panels and solar panel arrays not exceeding a height of 12 inches
from the existing roof surface of a peaked rood and not exceeding
a height of four feet from the existing roof surface of a flat-roofed
structure and not resulting in an overall height in excess of that
permitted for the principal structure in the zone district in which
the principal structure is located shall be a permitted accessory
use in all zone districts.
[Added 12-13-2011 by Ord. No. 11-12]
D.
Ground-mounted
solar panels arrays designed and capable of production of electrical
energy not to exceed 110% of the energy needs of the principal structure
located upon the same lot, based upon the average electric utility
usage over the three-year period immediately prior to the application
for the zoning permit shall be a permitted accessory use in all zone
districts; provided, however, that no portion of the solar panel array
shall exceed a height of eight feet above existing grade. Such solar
panel arrays shall be located in the side yard and rear yard areas,
only, of the lot and must meet the setbacks for accessory structures
and maximum accessory structure area limitations for the zone district
in which the solar panel array is located. If located in the side
yard area of the lot, the ground-mounted solar panel array shall be
buffered from view of adjoining properties and roadways by fencing,
screening or vegetation such as evergreen plantings having a minimum
planted height of 48 inches and not exceeding an on-center planting
spacing of 10 feet. Not more than 10% of the area of the lot or 2,500
square feet, whichever is lesser, shall be devoted to the use. Ground-mounted
solar panel arrays shall not be located in any environmentally constrained
area.
[Added 12-13-2011 by Ord. No. 11-12]
No commercial vehicle having a gross weight
which exceeds four tons shall be parked out of doors overnight or
on Sunday in any residential zone, and not more than one commercial
vehicle may be garaged on each lot in a residential zone. No display
vehicles for commercial purposes shall be parked in any district.
The provisions of this section shall not be deemed to apply to the
parking of vehicles used in connection with a farm.
For the purpose of regulating the locations
of principal buildings and accessory buildings on corner lots and
on lots extending through between two parallel streets, all portions
of a corner lot or a through lot which front on a public street shall
be subject to the front yard requirements of the zone district in
which said corner lot or through lot is located. All yards not fronting
on a public street shall be considered side yards.
A.
Fences and walls erected in the Borough shall adhere
to the following:
(1)
Before a fence or wall shall be erected, a building
permit must be obtained from the Construction Official. A request
for a permit shall be accompanied by a site plan which shall show
the height and location of the fence or wall in relation to all other
structures and buildings and in relation to all streets, lot property
lines and yards.
[Amended 6-22-2004 by Ord. No. 04-15]
(2)
Fences and walls may be erected, altered or reconstructed
to a height not to exceed three feet above ground level when located
within 25 feet of the street.
(3)
Fences and walls may be erected, altered or reconstructed
to a height not to exceed six feet above ground level when located
more than 25 feet from the street line.
B.
These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
C.
These restrictions shall not be applied so as to restrict
the erection, alteration or reconstruction of fences used in connection
with farms or farm operations except insofar as such fences might
affect the public safety.
Every building shall be built upon a lot with frontage upon a public street or a street improved to meet the Borough's requirements pursuant to Chapter 350, Subdivision of Land, unless relief has been granted by the Land Use Board under the provisions of N.J.S.A. 40:55D-32 et seq. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be increased by 1/2 the difference between the width of the street and said greater width. The provisions of this section shall not apply if an established setback has been formed in accordance with § 410-22, Continuance of existing uses.
A.
The height limitations of this chapter shall not apply
to farm silos, church spires, belfries, cupolas and domes not used
for human occupancy which are part of a principal structure. Silos
on farms and used for storage of farm products principally produced
on the farm need not be a part of a principal structure.
B.
Chimneys, ventilators, skylights, water tanks, television
and radio antennas and similar features, necessary mechanical appurtenances
usually carried on and above the roof level and parapet walls or cornices
used for ornamentation may exceed the height limitations of this chapter.
Mechanical appurtenances, ventilators, skylights and similar features
shall not exceed the top of the roof structure by more than five feet.
Chimneys, water tanks and antennas shall not exceed the height limitations
by not more than 15 feet, provided that they do not exceed 10% of
the roof area. No part of the structure subject to this provision
shall be used for occupancy.
C.
Public and quasi-public buildings, schools, churches
and other similar permitted uses shall increase the front, rear and
side yards by one foot for each foot by which such buildings exceed
the height limit herein established for such zone in which it is located.
Outdoor storage or display of any article or
material as an accessory use to any commercial operation is permitted
in the B-1, B-2, B-3 and I Zones only subject to the following regulations:
A.
The outdoor storage of any article or material, other
than merchandise for sale on the premises, shall be limited to the
side and rear yards and shall be screened by fencing, planting or
both as approved by the Land Use Board. The height of the fence shall
be equal to or greater than the height of the material stored, but
not greater than six feet, and the height of the material to be stored
shall not exceed six feet. Said storage shall be located at least
10 feet from a property line. Material so stored shall be kept in
an orderly manner at all times, and such material shall not include
any discarded or abandoned articles.
B.
The outdoor storage of merchandise for sale on the
premises is permitted in the front, side and rear yards, provided
that the same is located at least 25 feet from a street right-of-way
line and 10 feet from a property line. The area devoted to such storage
shall be approved by the Land Use Board and shall be screened along
any side or rear line adjoining a residential zone. The height of
material so stored shall not exceed six feet except for isolated individual
articles which have a height of more than six feet. No article or
material shall be stored in any required parking area or so located
as to interfere with vehicular or pedestrian traffic movement or safety.
In addition, no article or material shall be stored or displayed on
a sidewalk.
C.
The outdoor storage of live plants being displayed
for sale on the premises may be located within 10 feet of a street
right-of-way line and up to a property line, provided that the height
of such material does not exceed three feet within 25 feet of the
street right-of-way or within 10 feet of a property line.
D.
Excepting the outdoor storage of live plants, not
more than 50% of any yard shall be devoted to outdoor storage or display.
E.
Disabled and/or nonregistered vehicles may not be
stored in any zone except in an enclosed garage unless the same are
awaiting repair at a licensed public garage and stored on the same
premises or unless the same are new or used vehicles being stored
or displayed at a licensed motor vehicle dealership. For the purpose
of this chapter, the term "disabled" shall refer to a motor vehicle
which is in such a state of disrepair that it cannot readily be made
operable and conforming to all requirements of the New Jersey Division
of Motor Vehicles.
F.
In residential zones, no front yard shall be used
for open storage of boats, vehicles or any other equipment except
for vehicular parking on driveways.
G.
Business structures or uses shall not display coin-operated
vending machines of any type in any location which would infringe
upon the required yard areas specified in this chapter.
A.
No structure shall be built on land where structures
are prohibited by state or federal law, such as floodplain or wetlands
areas. No building shall be constructed on land subject to periodic
overflow or on land which has an average water table within two feet
of the ground surface.
B.
No persons, firm or corporation shall strip, excavate
or otherwise remove topsoil for sale or other use other than on the
premises from which taken, except in connection with the construction
or alteration of a building on such premises and excavating or grading
incidental thereto or except as hereinafter specified.
C.
Existing natural features such as trees, brooks, drainage
channels and views shall be retained. Whenever such features interfere
with the proposed use of such property, a retention of the maximum
amount of such features consistent with the use of the property shall
be required.
Any use not specifically permitted in a zoning
district established by this chapter is hereby specifically prohibited
from the district, and further provided that the following uses and
activities shall be specifically prohibited in any zone in the Borough
of Alpha:
A.
All billboards, signboards, advertising signs or devices
not expressly related to the business being conducted on the premises
or otherwise specifically permitted by this chapter.
B.
Auction markets.
C.
Golf driving ranges and similar outdoor commercial
recreation facilities.
D.
Junkyards, automobile wrecking or disassembly yards,
the storing or baling of scrap metal, paper, rags or other scrap or
waste materials.
E.
The keeping or raising of swine, chickens, game birds or fowl of any kind or horses, cows or other farm animals of any kind, except in connection with a permitted farm use as defined in § 410-3, or mink, foxes or other fur-bearing animals.
F.
Trailer courts, trailer coaches used as a dwelling
or commercial activities related to the outdoor storage or display
of trailer coaches.
G.
Privately operated dumps for the disposal of garbage,
trash, junk, refuse and similar materials.
H.
Open-air drive-in moving-picture theaters.
I.
Any use of any building or premises in such a manner
that the health, morals, safety or welfare of the community may be
endangered.
J.
Kennels.
K.
All classes
of cannabis establishments, cannabis distributors and/or cannabis
delivery services as said terms are defined in Section 3 of P.L. 2021,
c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 8-17-2021 by Ord. No. 2021-06]
[1]
Editor's Note: See N.J.S.A. 24:6I-31.
The provisions of this section are intended
to apply to utility uses as defined by this chapter within the Borough
of Alpha. Use types for the purpose of this section are established
based upon their potential for associated impacts upon the health,
safety and welfare of the residents of the Borough of Alpha subject
to site plan review by the Land Use Board. The following utility use
types are herein established:
A.
Use types.
(1)
Light utilities. This use type includes all underground
installations and associated and necessary aboveground maintenance
and/or storage buildings and structures related thereto. Said uses
may include but need not necessarily be limited to groundwater production
wells and well houses, sewage pump and/or ejector stations and telecommunication
facilities, provided that:
(a)
No building or group of buildings shall have
a building area greater than 500 square feet, not exceeding 16 feet
in height.
(b)
No structure or group of structures shall have
a footprint greater than 1,000 square feet and shall not exceed three
feet in height above the natural grade wherein said structure is to
be located.
(c)
No fumes, electrical or radio interference,
vibration or any other similar effect shall be discernible beyond
the lot on which said structure is located.
(d)
Normal and customary noise associated with the
operation of said facility shall not exceed the standards as set forth
in N.J.A.C. Title 7, Chapter 29, as herein incorporated by reference.
(e)
Any building or group of buildings or any structure which exceeds the maximum size requirements as established in Subsection A(1)(a) and (b) above shall be considered a principal use and structure requiring a fee-simple lot, and said use and structure shall comply with all yard, bulk and area requirements for the zone in which said use is located.
(f)
No outdoor storage of materials, equipment,
supplies or refuse is permitted.
(2)
Heavy utilities. This type includes all aerial and
surface intensive facilities, including and limited to the distribution
of electricity; electric substations and transformer facilities; electric
transmission lines; radio, television and microwave relay towers,
satellite antennas; but specifically excluding incinerators, landfills
and resource recovery facilities.
(3)
Service utilities. This use type includes all local
telephone, gas, water, sewer, electric or community antenna distribution
lines and related equipment required for local service which are designed,
intended and used primarily to provide direct service to properties
along the service route within the Borough. Service utilities are
herein exempt from the provisions of this section.
B.
Use regulations.
(1)
Light utility.
(a)
Permitted zones. Light utility uses as defined
herein are permitted in all zoning districts in the Borough. Said
use may be located on a fee-simple lot, leasehold or easement.
(b)
Area requirements. Light utilities shall be
located on a lot, leasehold or easement of sufficient area to allow
for access, maintenance and landscaping of the facility. Said area
shall be of a size normal and customary to the facility and industry
or 1,500 square feet, whichever is greater, provided that all other
requirements of this chapter are met.
(c)
Yard requirements. All light utility buildings
and structures shall have a minimum front, side and rear yard area
of 15 feet as measured from the lot, leasehold or easement line as
necessary to provide for required landscaping.
(d)
Parking requirements. Light utility uses as
defined herein do not require off-street parking, provided that required
maintenance and/or servicing of the facility is not expected to occur
more than 12 times per year, and provided that sufficient on-street
parking is available for said use as deemed appropriate by the Land
Use Board. On-street parking shall not be located on curved road alignments,
steep slope area or where similar unsafe conditions may exist.
(e)
Landscaping. All light utility lots, leaseholds
and easements shall be appropriately landscaped to buffer and screen
said facility from all adjoining properties and street lines.
(f)
Planning and design. Any such building, structure
or use shall be so designed and arranged so as not to detract from
the character of the surrounding properties and neighborhood and at
a minimum shall have a gable roof with a minimum pitch of five on
12 or a hip roof with a minimum pitch of four on 12.
(g)
The Land Use Board may impose such other reasonable
conditions as may be appropriate with respect to building design,
appearance and landscaping.
(2)
Heavy utility.
(a)
Permitted zone. Heavy utilities as defined herein
are permitted by conditional use in the Industrial Zone only. Said
use shall be entirely located on a fee-simple lot, parcel or tract
of land under one or joint ownership.
(b)
Area requirement. Said use shall be located
on a lot of sufficient area to allow for proper access, operation,
maintenance and landscaping of the facility. Said area shall be of
a size normal and customary to the facility and industry or five acres,
whichever is greater.
(c)
Yard requirements. All heavy utility buildings,
structures and uses shall have a minimum front, side and rear yard
area of 100 feet.
(d)
Landscaping. All lots on which heavy utilities
are located shall be appropriately landscaped to buffer and screen
said facility from all adjoining properties and street lines.
(e)
Planning and design. Any such building, structure
or use shall be so designed and arranged so as not to detract, to
the greatest extent practicable, from the character of the surrounding
properties and uses.
(f)
Impact assessment. All heavy utility uses within
the Borough of Alpha shall prepare and submit a community impact assessment
which shall evaluate the impact of the proposed land use on the district
and surrounding land uses. Such assessment shall include but may not
necessarily be limited to the analyses of potential and/or foreseeable
impacts upon the Borough's air quality, water quality, community appearance,
vegetation, wildlife, land use, traffic and transportation safety
and community facilities.
(g)
The Land Use Board may impose such other reasonable
conditions as may be appropriate with respect to site planning and
circulation, building design, facility appearance and landscaping.
Conditional uses in all zone districts. There
shall be permitted, as a conditional use in all zone districts in
the Borough of Alpha and upon prior approval thereof by the Land Use
Board pursuant to N.J.S.A. 40:55D-67, emergency warning signal device
systems (either individual units or chains or groups of units electronically
interconnected), the purpose of which shall be to provide early notification
and warning to 100% of the threatened population of an actual or imminent
risk to the public health and safety on account of any natural or
man-made disaster, event or risk.
All yards, open space, off-street parking and
required landscaping must be contained within the zone in which the
use is permitted.
When a new lot is formed so as to include within
its boundaries any part of a former lot on which there is an existing
building or use, the subdivision must be carried out in such a manner
as will not infringe upon any of the provisions of this chapter either
with respect to any existing structures or use or any proposed structures
or use or any bulk requirements.
[Amended 3–25–2008 by Ord. No. 08–05]
A.
It is recognized that it may be in the interests of
the Borough of Alpha and in accordance with the purpose of this chapter
to permit temporary activities for a limited period of time, which
activities may not be permitted by other provisions of this chapter.
If such uses are of such a nature and are so located that at the time
of application they will in no way exert a detrimental effect upon
the lawful use of land and activities normally permitted in the zone
in question and will contribute materially to the welfare and well-being
of the Borough, upon proper application and favorable findings by
the Borough Council, it may direct the Zoning Officer to issue a permit
for a period not to exceed six months.
B.
Such temporary uses and the structures housing same
may include, but shall not be limited to, structures such as trailers,
storage containers or other such nonpermanent temporary storage facilities
which shall not be located upon any form of footing, foundation, concrete
pad, gravel base, etc.; shall be utilized exclusively for purposes
of temporary storage structure; and subject to the following limitations:
(1)
The structure shall be located in the rear yard area
of the lot, unless it is impractical to do so, whereupon the structure
may be located in the side yard area.
(2)
No such structure shall be located within the front
yard setback area, as defined and regulated by the Zoning Ordinance,
nor in front of the principal structure located upon the lot.
(3)
The use of the temporary storage structure shall be
clearly accessory to the use or activity for which it has been established,
such as temporary storage of the belongings of the owner of the subject
property, including construction materials, tools or equipment being
actively utilized for construction of improvements to the principal
structure located upon the lot.
(4)
Such structures shall be located at least six feet
from any side or rear property line.
(5)
Such structure shall be removed no later than six
months 180 days from the date of issue of the zoning permit authorizing
same.
(6)
Such structures shall be limited to an area of 200
square feet.
At the intersection of two or more streets,
no hedge, fence or wall (other than a single post or tree) which is
higher than two feet above curb level, nor any obstruction to vision,
shall be permitted in the triangular area formed by the intersecting
street lines and a line joining each 30 feet distant from said intersection
along the street line.
Any parcel of land with an area or width less
than that prescribed for a lot in the zone in which such lot is located,
which parcel was under single ownership at the date of the adoption
of this chapter, and the owner thereof owns no adjoining land, may
be used as a lot for any purpose permitted in the zone, provided that
the minimum area requirements for such lot shall be 5,000 square feet
of lot size and 50 feet of lot width, and further provided that all
other regulations prescribed for the zone by this chapter are complied
with.
A.
Front yards. In such cases in residential zones where the frontage on both sides of the street within the same block is 50% or more developed, then the required front yard for a new structure not the subject of a site plan or subdivision may be modified to the average for such existing development. Otherwise, the requirements of § 410-21, Schedule of Area, Yard and Building Requirements, shall apply.
B.
Side yards. In the case of lots upon which an existing structure is located or which comply with the provisions for modification of § 410-41, combined total side yard requirements, as specified in Column 11 of the Schedule of Area, Yard and Building Requirements,[1] shall be reduced by six inches for each foot by which
a lot is less than the minimum requirement specified in Column 4 of
the Schedule of Area, Yard and Building Requirements, for the zone
in which located. In any case, the side yard area for either side
yard shall not be reduced to less than 50% of the requirement of Column
10 of the Schedule of Area, Yard and Building Requirements.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
