[1]
Editor’s Note: As provided by Ord. No. 13-04, adopted 3-11-2013, to the extent there are any inconsistencies between this chapter and the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., the provisions of the Municipal Land Use Law shall govern.
[Amended 12-14-1981 by Ord. No. 21-81]
The title of the ordinance comprising this chapter shall be: "A comprehensive ordinance regulating and limiting the uses of land and the use and locations of buildings and structures regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Borough into districts for such purposes; adopting a map of said Borough showing boundaries and the classification of such districts; establishing rules, regulations and standards governing the subdivision of land within the Borough; establishing a Planning Board and Zoning Board of Adjustment; and prescribing penalties for the violation of its provisions."
[Amended 12-14-1981 by Ord. No. 21-81]
The short form by which this chapter may be known shall be the "Land Development Ordinance of the Borough of Chatham."
[Amended 12-14-1981 by Ord. No. 21-81]
The chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq., in order to promote and protect the public health, safety, morals and general welfare, and in furtherance of the following related and more specific objectives:
A. 
To secure safety from fire, flood, panic and other natural and man-made disasters;
B. 
To provide adequate light, air and open space;
C. 
To ensure that the development of the Borough of Chatham does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;
D. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well being of persons, neighborhoods, and preservation of the environment;
E. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
F. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements;
G. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
H. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangements;
I. 
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the municipality and to prevent urban sprawl and degradation of the environment through improper use of land;
[Amended 9-9-1991 by Ord. No. 11-91]
J. 
To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zoning district.
K. 
To encourage coordination of the 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. 
To 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.
[Added 9-9-1991 by Ord. No. 11-91]
[Amended 12-14-1981 by Ord. No. 21-81]
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of the chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions that are imposed or required by this chapter, the provisions of such other laws, rules, regulations or restrictions shall control.
[Amended 12-14-1981 by Ord. No. 21-81; 7-12-2010 by Ord. No. 10-10]
A. 
Any use not specifically listed as a permitted use, an accessory use, or a conditional use shall be deemed a prohibited use. This prohibition shall be liberally construed as protective of the zoning scheme and any doubt shall be resolved in favor of interpreting the doubtful use as prohibited.
B. 
The following uses are expressly prohibited in each and every zone in the Borough of Chatham.
(1) 
Certain adult entertainment uses. The following adult entertainment uses shall be prohibited in all zones in the Borough:
(a) 
Any establishment that sells, distributes, rents, depicts, or exhibits obscene or pornographic material as defined in this chapter.
(b) 
Any establishment that presents live human activity and/or live human with animal activity that displays, depicts or exposes specified anatomical areas or specified sexual activity in an obscene or pornographic way as defined in this chapter.
(2) 
No land or building in any zoning district within the Borough of Chatham shall be used or shall be allowed to be used as any classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16.[1]
[Added 6-14-2021 by Ord. No. 21-15]
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of the principal use and/or structures and shall apply to the entire structure or structures where involved in the erection, enlargement, alteration, moving or change in use.
[Amended 12-14-1981 by Ord. No. 21-81]
No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, any subdivision shall be effected in such a manner as not to impair any already occupied by a building, any subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building(s) and all yard requirements in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located and so that all lots have frontage on a street.
This chapter may be amended from time to time by the governing body after the appropriate referrals, notices, hearings and other requirements of law.