ACCESSORY BUILDING. An accessory building is a building or structure, on the same lot with and subordinate to a principal building, occupied and devoted exclusively to an accessory use. Where an accessory building is attached to a principal building by a breezeway, roof or the like, such accessory building shall be considered part of the principal building.
ACCESSORY USE. An accessory use is a use naturally and normally incident and subordinate to the principal and primary use upon any premises.
ADULT BOOK STORE. An establishment or business having as a predominant part of its stock in trade, books, magazines, periodicals, photographs, pictures, films, devices, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or 'specified anatomical areas," and limited in sale of such sexual matters to adults.
AUTO BODY SHOP. An auto body shop is any building structure, lot, or land in or upon which motor vehicle painting and/or body work is pursued.
ALTERATION OF BUILDING OR CHANGE OF USE. An alteration of building in any change in the supporting members of a building, such as bearing walls, columns, beams, girders, interior partitions, as well as any change in doors or windows, or any addition to or diminution of a building. A change of use is a change from the use permitted in one Zone District to use permitted in another Zone District, any reapproval of a building from one location to another, or the conversion of any building, or any part thereof, from a use permitted in one Zone District to a use permitted in another Zone District.
ATTIC. An attic is the open, non-habitable space between the ceiling beams of the top habitable story and the roof rafters in any building.
BASEMENT. A basement is an interior space, or a portion of an interior space, having a floor level below the lowest outside elevation of ground at the foundation wall of the structure in which it is contained.
BUFFER AREA. An area within a property or site generally adjacent to and parallel with the property line. Buffer areas shall be provided at a width specified by municipal ordinance and shall, in no case be less than twenty (20) feet in width when the subject site borders a commercial or industrial zone. Buffer areas shall be located completely within the applicants property and consist of either natural existing vegetation of the combined use of trees, shrubs, berms, fences, or walls designed to continuously limit view of the site from adjacent sites or properties. Plantings shall consist of massed evergreen and deciduous trees and shrubs, planted and maintained in such a fashion that they will produce within two growing seasons a continuous visual screen at least six (6) feet in height. The quantity of natural screening existing on the property shall be taken into consideration upon evaluation of the site plan. No other above ground construction or use shall be allowed within the boundaries of a buffer area except as to provide access to the property via a vehicle driveway or pedestrian sidewalk.
COMMON OWNERSHIP. Common ownership is ownership of two or more contiguous lots of real property by one person or by two persons owning such property in the same form of joint ownership.
DWELLING UNIT. A permanent building or portion thereof providing sleeping room(s), bathroom(s) and kitchen facilities for the use of one (1) or more persons. "Dwelling units" shall be differentiated one from the other as follows:
(a) DWELLING, SINGLE-FAMILY. A detached building designed for or occupied exclusively by one (1) family.
(b) DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two (2)' families living independently of each other.
(c) DWELLING, MULTIFAMILY. A building used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses but not including motels.
FAMILY. A family is up to three persons unrelated by blood, marriage or adoption or any number of individuals related by blood, marriage or adoption living privately together as a single housekeeping unit and using certain rooms and cooking facilities in common.
FLOOR AREA. Floor area is the aggregate area of all floors in a building enclosed by an exterior wall, excluding, however, attic and basement floors, open porches, breezeways and garages, provided however, any basement area in any non- residential zone that is used for sales or display and is open to the public shall be constructed as floor area.
GARDEN APARTMENTS. A garden apartment is a building or group of buildings situated on one lot and containing separate dwelling units for no less than four nor more than twelve dwelling units per structure.
HEIGHT OF BUILDING. The height of a building is the distance from the highest roof point to the average elevation of the ground
INSTITUTIONAL USES. Institutional uses are non-profit institutions limited to churches, church owned cemeteries, public or private schools covering grades kindergarten through grade 12, operated hospitals for humans, municipally owned or operated buildings or structures used for public purposes
LOT A lot is a parcel of land, the location, dimensions and boundaries of which are set forth on the latest Borough tax map. Despite what may be disclosed on the current Borough tax map, however, if contiguous lots are in common ownership and are either:
(a) lots which were not approved pursuant to South Bound Brook's 1954 Subdivision Ordinance or, any amendments thereto:
(b) lots which are substandard and fail to meet the minimum lot size requirements of the zone in which it falls then, for the purposes of administering and enforcing this Ordinance, said lots shall be construed to be one lot.
(1)CORNER LOT. A corner lot is a lot at the junction of and having frontage on two or more intersecting streets. A corner lot is also a lot bounded on two or more sides by the same street. The greater frontage of a corner lot is its depth, and its lesser frontage is its width.
(2)LOT DEPTH. Lot depth is the mean distance between the front and rear property lines of any lot.
(3)LOT WIDTH. Lot width is the shortest straight line distance between the two sidelines of any lot. if a lot shall not have parallel sidelines, the average of such widths taken at 10 foot intervals and parallel to the front street sideline throughout the depth of the lot shall constitute the average width of the lot.
(4) LOT AREA. Lot area is the total square unit contents of any lot as measured within the lot lines.
(5) LOT FRONTAGE. In the case of a lot running through from one street to another, the front of such lot shall, for the purposes of this Ordinance, be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the owner may, when applying for a Building Permit, specify on his permit application which lot line shall be considered the front lot line.
MUNICIPAL USE. A municipal use is any by the Borough of South Bound Brook of any property owned or leased by it.
NON-CONFORMING USE. A non-conforming use is a use which is being lawfully exercised within a structure or on land at the time of the adoption of this Ordinance, or any amendment thereto, and which does not conform with the regulations and requirements of the Zone District in which it is located after the adoption of this Ordinance or any such amendment.
NON-RESIDENTIAL ZONES. Non-residential zones are those zones set forth in Section 201 of this Ordinance known as the B and I Zone Districts.
OCCUPANCY OR OCCUPIED. Any dwelling unit shall be construed to be occupied if one or more persons or a family customarily reside in said dwelling unit overnight. In non-residential buildings, the installation, storage or use of equipment, merchandise or machinery in any commercial, public or industrial building shall be construed as constituting occupancy of said building.
OCCUPANCY OR OCCUPIED. Any dwelling unit shall be construed to be occupied if one or more persons or a family customarily reside in said dwelling unit overnight. In non-residential buildings, the installation, storage or use of equipment, merchandise or machinery in any commercial, public or industrial building shall be construed as constituting occupancy of said building.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PARKING AREA. A parking area is an open area other than a street or other public road or way used for the parking of motor vehicles, including access drives or aisles for ingress or egress thereto and therefrom.
PARKING SPACE. A parking space is a rectangular space 9 feet wide and 20 feet long used for an accommodation for off-street motor vehicle parking which shall have an area of not less than 180 square feet per vehicle, exclusive of access drives or aisles. All parking spaces shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide surface driveways or aisles to- meet the following minimum standards:
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
PERSON. Person shall include any person, individual, 'business entity, partnership, association, corporation, company or organization of any kind or nature.
PRINCIPAL USE OR STRUCTURE. A principal use is the primary or predominant use of any lot. A principal structure is one devoted to the principal use.
PRIVATE GARAGE. A private garage us a detached accessory building, or a portion of a principal building, used primarily for the storage of motor vehicles owned or used by the occupant of the principal building to which the garage is an accessory.
PRIVATE SWIMMING POOL. Any artificially constructed basin or other structure for the holding of water for use by the processor, his family or guests, for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground capable of holding not more than 500 gallons of water.
PUBLIC GARAGE OR GASOLINE SERVICE STATION. A public garage or gasoline service station is any building, structure, lot or land in or upon which a business, service or industry involving the fueling, storage, maintenance, washing or servicing and storage in connection therewith, of motor vehicles is maintained, conducted, operated or rendered.
PUBLIC GARAGE OR GASOLINE SERVICE STATION. A public garage or gasoline service station is any building, structure, lot or land in or upon which a business, service or industry involving the fueling, storage, maintenance, washing or servicing and storage in connection therewith, of motor vehicles is maintained, conducted, operated or rendered.
PUBLIC OPEN SPACE. An open space area conveyed or otherwise dedicated to a public body for recreational or conservational uses.
PUBLIC UTILITY FACILITIES. Public utility facilities are telephone and electric lines, poles, equipment and structures, water or gas pipes, mains, valves or structures, or sewer pipes, valves or structures, maintained, operated and conducted for the service, convenience, necessity, health and welfare of the general public, whether owned by any arm or creature of the local, State or Federal government or by any privately owned public utility corporation.
RESIDENTIAL ZONES. Residential zones are those zones set forth in section 201 of this Ordinance and known as the R-1, R-2, R-3, R-4, and O-R zone districts.
SINGLE-FAMILY RESIDENCE. A single-family residence is a building or structure designed for and lawfully accommodating only one family.
SINGLE OWNERSHIP. Ownership of a single lot without any abutting property owned by the owner of said lot in which the ownership is by one person, or jointly by two or more persons, whether as joint tenants, tenants by the entirety, or tenants in common.
SIGNS. Signs shall mean and include any device, freestanding or attached to a building or structure, or erected, painted, represented or reproduced upon or in any building or structure, which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or representation used for one or more of the following purposes: To identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or any part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than State, County or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration or any representation used to advertise or intended to advertise or promote the interests of any person.
STORY. A story is that portion of a building included between the surface of any one floor, exclusive of any basement, and the surface of the floor next above it, or if there is no floor above it, then that Portion of the building included between the surface of any floor and the ceiling next above it.
STREET SIDELINE. A street sideline is the outermost line of the whole area devoted to street purposes on either side thereof. Street sideline is synonymous with street right- of-way line.
STRUCTURE. A structure is an object consisting of one or more fabricated or natural materials which is constructed, erected or placed below, upon or above ground level and shall include any building, edifice, construction or piece of work, or any part thereof, or any combination of related parts, including an object attached thereto.
TERMS. In the construction of this Ordinance, the present tense shall include the future, the singular number shall include the plural, and the plural the singular. The word "shall" is always used in its mandatory and not its permissive sense. The words "zone" and "district"' are synonymous, and the words "building" and "structure" are synonymous. The word "used" shall include the words $'arranged, designed, or intended to be used."
YARDS.
(a) FRONT YARD. A front yard is an open, unoccupied space (unless occupied by a use hereinafter specifically permitted) extending across the full width of any lot and lying between the front street sideline and the nearest lines of any building on said lot; provided, however, that where there is a proposed widening of the right-of-way of any street as shown on the Master Plan of the Borough of South Bound Brook, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on said Master Plan rather than from the existing front street sideline. No steps shall extend into any street right-of-way in any Zone District. Front steps extending not more than 60 inches from the front line of any building and within the required front yard shall not be construed as part of said building unless the top step or platform is fully enclosed.Œ
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(b) REAR YARD. A rear yard is an open, unoccupied space (unless occupied by an accessary building or use hereinafter specifically permitted) extending across the full width of any lot between the rear line of any principal building thereon and the rear lot line of said lot.
(c) SIDE YARD. A side yard is an open, unoccupied space (unless occupied by a use hereinafter specifically permitted) extending from the rear front yard line to the front rear yard line of any lot between either side lot line and the sideline of the principal building nearest thereto.Œ
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ARTICLE 4. GENERAL PROVISIONS
No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this Ordinance for the Zone District in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulation provided for the Zone District in which such land, premises, building or structure is located.
No Building Permit or Zoning Permit and no Certificate of occupancy shall be issued by the Building Inspector for any use other than a one or two family residence except upon application therefor in conformity with all the provisions of Article 10 of this Ordinance. No sign erection permit shall be issued by the Building Inspector except upon application therefor in conformity with the terms of Article 9 of this Ordinance.
whenever a new lot or lots is, or are, formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to violate any of the requirements of this Ordinance and shall be in accordance with the Subdivision of Land Ordinance of the Borough of South Bound Brook.
There shall be provided for every lot front, rear and side yards as required in the Zone District in which said lot is located. All front yards must face upon a dedicated public street and shall be of the size required for the particular zone District in which the lot is located, provided, however, that on streets less than 50 feet in width, the required front yard shall be increased by onehalf the difference between the width of the street and 50 feet, and, provided further, that any lot which abuts a street with a proposed right-of-way greater than 50 feet in width as shown on the Master Plan for streets of the Borough of South Bound Brook, adopted pursuant to N.J.R.S. 40:55-
1.10 shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan.
No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this Ordinance for one building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirements of any other building.
No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
(a) The following requirements shall be met in all residential zones:
(1) No accessory building or structure shall have a ground area greater than the ground area of, the principal building or structure on the same lot.
(2) No accessory building or structure shall exceed the height of the principal building or structure or 16 feet whichever results in the lesser height.
(3) No accessory building or structure shall be permitted in any front yard.
(4) All accessory buildings shall be located at least 10 feet from any principal building situated on the same lot.
(5) Accessory buildings may be built within any side yard if the distance from any accessory building to the sideline of the lot is equal to or greater than the required side yard setback for the principal building on said lot , provided , however accessory buildings built on corner lots must comply with Paragraph 405(a)(7).
(6) Accessory buildings built in any rear yard shall not be closer than 3 feet from any side or rear property line of the lot containing said accessory building.
(7) Accessory buildings on corner lots shall not be erected nearer to any street sideline than the front yard setback required on the lot adjacent to the rear lot line of the lot upon which the accessory building is located.
(b) The following requirements shall be met in all non-residential zones.
(1) No accessory buildings shall have a ground area greater than the ground area of the principal building on the same lot.
(2) No accessory building or structure shall exceed the height of the principal building or structure.
(3) No accessory building shall be permitted in any front yard.
(4) No accessory building shall be closer to the principal building on the lot on which it is located than 10 feet or the height of said accessory building, whichever is greater.
(5) Accessory buildings may be built within any side yard if the distance from said accessory building to the sideline of the lot is equal to or greater than the required side yard setback for the principal building on said lot.
(6) Accessory buildings built in any rear yard shall not be closer than 3 feet from the rear property line of the lot containing said accessory building.
(a) No lot shall contain more than one principal building or structure except as permitted and regulated in the R-4 and R-5 zone districts.
No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this Ordinance. No lot, yard, parking area or other open space which is already less than the minimum required under this Ordinance shall be further reduced in area or dimension.
Garaging as an accessory use for not more than 3 motor vehicles may be erected on a single lot in any residential zone district. Not more than one boat, house trailer, other trailer, or truck with a maximum weight carrying capacity of one and one-half (1 1/2) ton pick-up or panel delivery owned or used by a resident on said lot, may be garaged on said lot, provided, however, that said boat, house trailer, other trailer, or truck shall be kept in an enclosed garage when on said lot.
All corner lots shall meet the front yard requirements for the front yard and 75 percent of the front yard requirements for the side yard abutting the side street. For the purpose of administering this section the side of the lot having the least amount of street frontage shall be construed as the front of the lot.
The control and regulation of the uses of buildings and structures by this Ordinance shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
(a) Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones.
(b) In all non-residential zones, outdoor storage is only permitted in the side and rear yards as herein regulated. No article, equipment, vehicle, supplies or materials shall be kept, stored or displayed outside the confines of any building unless and until the same is screened by special planting or fencing, as approved by the Planning Board, and maintained in good condition, so that it shall not be visible from any adjacent property or public street, provided, however:
(c) Where otherwise permitted by this Ordinance, the display, condition for retail sales, of new and used motor vehicles as a permitted accessory use in the non-residential zone district shall not be required to be screened by a planting or fence.
All trees adjoining street sidelines in all zones shall have their branches trimmed at all times to insure unobstructed vision 8 feet above street pavement level. On any corner lot in any residential zone, no fence, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question, shall be erected or maintained within 25 feet of the intersection formed by the projections of the two street sidelines at the corner.
No fence, hedge, shrubbery or planting on any lot in any residential zone shall be permitted within 3 feet from any street sideline. The branches of all trees projecting beyond any such street sideline must be trimmed at all times to insure unobstructed vision and clearance 8 feet above ground or sidewalk level. Grass lawn or ground cover is permitted to extend to the traveled roadway.
The conversion of existing structures to a use permitted in the Zone District in which said structure is located is equally subject to the same regulations as are new structures to be constructed in said Zone District.
No driveway shall be permitted to serve any use other than the permitted use on the lot upon which said driveway is located.
The combined use of residential and business ox industrial within one structure is prohibited unless as hereinafter specifically permitted.
Any institutional use, municipal use or public utility facility may be located in each of the Zone Districts created by this Ordinance. Before any Building Permit or Certificates of Occupancy, as the case may be, may be issued for any such use in any residence Zone District, however, a site plan shall be submitted to and approved by the Planning Board as required in Article 7 of this Ordinance. Any use permitted under this Section shall meet all yard, height and area requirements for the Zone District in which it is located and off-street parking and landscaping requirements shall be met as required by Article 8 of this Ordinance, except as set forth in Section 421 of this Ordinance. Nothing contained herein shall be construed to permit business offices, storage yards or buildings generating plants or telephone exchange buildings in any residential zone.
No sign shall hereafter be permitted in the Borough of South Bound Brook unless it shall comply with the requirements of Article 9 of this ordinance.
The height limitations required in each zone district shall not apply to church steeples, church buildings, public school buildings and structures, masts, flagpoles, residence receiving antennae, solar energy devices, or any municipally owned, leased or operated buildings, structure or use shall not exceed 45 feet in height above the average elevation of the ground at the foundation of the structure.
No permit is required for the construction of any fence or wall which is four feet or less in height. Any fence or wall which exceeds four feet in height and is more than 10 percent solid shall be set back from any property line a distance of at least one foot unless said fence or wall is required to screen off-street parking areas as required in Article 8 of this Ordinance. No fence or wall shall exceed 6 feet in height provided, however, necessary retaining walls may exceed 6 feet in height after a site plan has been reviewed and approved by the Borough Planning Board. Fencing enclosures of Public Utilities are exempted from the regulations of this Section.
Except as hereinafter specified, yards and courts required under this Ordinance shall be entirely free of buildings or parts thereof:
(a) Cornices and eaves may project not to exceed two (2) feet over any required yard or court;
(b) Sills, leaders, belt courses and similar
ornamental or structural features may project six (6) inches into any required yard or court. An open fire balcony or fire escape may project into a required yard not more than four (4) feet.
(c) Ground story bay windows may project not more than three (3) feet into any required front yard, side yard or rear yard in the R-1, R-2 and R-3 Zones.
No curb cut shall be permitted in any non-residential zone which is nearer than 25 feet to intersecting right-ofway lines on any corner lot.
ARTICLE 5. PUBLIC GARAGES AND GASOLINE-SERVICE STATIONS
Public garages and gasoline service stations are permitted in the "B" Zone Districts as conditional uses. No permit for any public garage or gasoline service station shall be issued unless and until all the requirements of this Article are met.
Any person desiring to use any premises or to erect, construct or alter any new or existing building or structure arranged, intended or designed to be used as a public garage or gasoline service station shall make application therefor in writing to the Building Inspector of the Borough of South Bound Brook, who shall forthwith forward such application to the Planning Board for site plan review as required in Article 7 of this Ordinance. The application and supporting papers or documents shall set forth the following information:
(a) A site plan, drawn to scale, showing the location of the premises and of the building or buildings thereon and the building or buildings to be erected or constructed thereon, the street entrances and exits or driveways, and the precise locations of all tanks, pumps, lifts and other machinery and equipment appurtenant thereto;
(b) The width of the street or streets and of the sidewalk, parkway and paved areas thereon upon which said premises may abut;
(c) The location, nature of construction 'and present use of all buildings within 300 feet of the lot lines of the premises for which the application has been filed;
(d) And, if the applicant is a person other than the owner of the premises, the written consent of the owner or owners authorizing the filing of the application.
The nearest lot line of the lot or parcel of land to be used as a public garage or gasoline service station shall be at least 300 feet, measured in a straight line, from the nearest lot line of any lot upon which is located any building used as a theater, auditorium, or other place of public assembly, capable of seating over 100 persons, or used as a church, hospital for humans, college, school, public library, or institution for dependents or children, or any public playground or athletic field.
No part of any public garage or gasoline service station, wherever located, shall be used for any other purpose.
No part of any public garage or gasoline service station, nor any driveway entrance or exit to or from the same, shall be located within 300 feet of any lot line of any lot upon which is located any other public garage or gasoline service station.
The minimum lot size for any lot upon which any public garage or gasoline service station is located shall be 10,000 square feet and the minimum street frontage of said lot shall be 100 feet. If a public garage or gasoline service station is located on a corner lot, the minimum street frontage on each street shall be 100 feet.
Entrance and exit driveways to and from any lot upon which is located a public garage or gasoline service station shall have an unrestricted width of not less than 16 or more than 30 feet, shall be located not nearer than 10 feet from ,any lot line and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.
The area of all driveways and other areas over which motor vehicles are intended to be driven or parked, on any lot upon which is located a public garage or gasoline service station shall be paved with a bituminous or concrete surface sufficient to meet Borough paving specifications applicable to streets and roadways.
on any premises upon which a public garage or gasoline service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed. Any vehicles stored outside overnight shall be so stored as to meet the provisions of Section 413 of this Ordinance.
No part of any building used as a public garage or gasoline service station and to filling pump or other service appliance, whether for gasoline, oil or any other "combustible liquid or material, shall be erected within 10 feet of any side or rear lot line and the 10 foot free area required hereunder shall at all times be kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.
At any public garage or gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 75 gallons shall be located wholly underground and no nearer than 35 feet from any lot line other than any street side line. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 15 feet of any street side line and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
No permit for the alteration or expansion of any existing public garage or gasoline service station shall be issued except upon compliance by the applicant with all the provisions of this Article.
ARTICLE 6 NON-CONFORMING USES AND STRUCTURES
Any non-conforming use or structure which lawfully existed at the time of the passage of this Ordinance may be continued and any such existing non-conforming building or structure may be reconstructed or structurally altered provided it shall meet the requirements of this Article.
Non-conforming uses or structures in all Zone Districts shall conform to the following requirements:
(a) Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.
(b) There shall be no structural alterations made to any non-conforming building or structure that is non-conforming because of use. Structural alterations may be made in a building which is non-
conforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Ordinance, so long as the structural alteration does not extend or enlarge the non-conformance. This shall be construed to mean said structural alteration shall comply with all use, height, yards, off-street parking requirements, and all other provisions of this Ordinance.
(c) A non-conforming use changed or altered to a conforming use may not thereafter be changed back to a non-conforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the Building Inspector, the Chief of the Borough Fire Department or the Borough Engineer.
(d) In the event that there shall be cessation of operation of any non-conforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such non- conforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandonment non-conforming use (the provisions of Section 601 of this Ordinance notwithstanding) shall be deemed a violation of the terms of this Ordinance.
(e) Nothing in this Ordinance shall require any change in plans, construction or designated use of a structure or building for which a building permit has been heretofore validly issued or if a variance has been authorized by the Board of Adjustment or if construction has been started and diligently prosecuted at the time of the adoption of this Ordinance.
(f) Nothing in this ordinance shall be construed as authorization for or approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this Ordinance unless made conforming by the enactment of this Ordinance.
(g) Any non-conforming use that is non-conforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Ordinance, shall not be changed or altered to enlarge the non-conformance.
Nothing in this Ordinance shall prevent the restoration or continuance of a non-conforming building or structure which is non-conforming because of its use and which is partially destroyed by' fire, explosion, act of God, or of any public enemy, or the like, if the extent of the destruction be not more than 50 percent of the true value based upon assessed value of the whole building or structure at the time of the partial destruction. If, however, any such building or structure shall be destroyed in the manner aforesaid to an extent exceeding 50 percent of said true value of the whole building or structure at the time of such destruction, then the same may only be reconstructed and thereafter used in such a manner as to conform to all the requirements, terms and conditions of this Ordinance.
Nothing in this ordinance shall prevent the restoration or continuance of a non-conforming building or structure which is non-conforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this ordinance, and which is partially destroyed by fire, explosion, act of God, or of any public enemy, or the like; provided, however, that any restoration of any such building or structure shall not enlarge the previously existing non-conformance.
ARTICLE 7. SITE PLAN REVIEW
ARTICLE 8. OFF-STREET PARKING AND LOADING
All off-street parking areas for non-residential uses permitted in residential zones, and all off- street parking areas in non-residential zones shall meet all of the following requirements:
(a) All off-street parking areas shall be surfaces with either a bituminous concrete pavement with a minimum 5 inch bituminous concrete base and a 2 inch asphalt wearing surface or a 6 inch reinforced concrete pavement and maintained in good condition, and shall be so graded and drained as to dispose of all surface waters to the satisfaction of the Borough Engineer.
(b) All parking spaces within any parking area shall be clearly marked and maintained to show the parking arrangement within said parking area with "hairpin" striping;
(c) All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets, residential zones and residential buildings;
(d) All parking areas shall be effectively screened on any side which abuts or faces any premises situated in any residential zone by a fence, wall or hedge at least five (5) feet in height, maintained in good condition, if required by the site plan approved by the Planning Board; provided, that such fence, wall or hedge may be waived by the Planning Board if, because of topographic or other extraordinary or exceptional conditions, the same shall not be necessary to protect any abutting or facing premises situated in any residential zone;
(e) If any fence, wall or hedge shall have been required for any parking area under sub-paragraph (d) of this Section, then said fence, wall or hedge shall be protected by a concrete curb or bumper guard, or the equivalent, which shall run parallel to said fence, wall or hedge, be at least 5 inches in height above the paved surface adjacent to said fence, wall or hedge, and be sufficient distance therefrom to protect said fence, wall or hedge from the impact of motor vehicles. Utility poles or railroad ties shall not be used to meet required curbing or bumper guards;
(f) If any parking area shall have been permitted in any front yard the Planning Board shall have the power to require a concrete curb, bumper guard, or the equivalent, at least 5 inches in height above the paved surface, along and parallel to any landscaped area in the front yard as sufficient to protect the same from the impact of motor vehicles;
(g) All such parking areas shall be used only for the parking of automobiles. No commercial repair work or sales of any kind shall be conducted in any parking areas. No sign other than entrance, exit, identification and conditions of use signs shall be maintained in any parking area. No such sign shall be larger than 4 square feet in area. Nothing herein contained shall be construed to permit any required parking area to be used for the commercial storage of new or used motor vehicles by a new or used car dealer or motor vehicle rental agency;
(h) Each and every off-street parking area shall be subject to site plan approval by the Planning Board. The Planning Board shall consider the effect of any parking area upon traffic safety and abutting properties and shall ascertain that all requirements of this Ordinance are met;
(i) All required parking shall be provided on the same lot as the principal building said parking is serving;
(j) Off-street parking is permitted in the rear yard. Off-street parking is permitted in the side yard provided no parking area shall be closer to the side property line than 5 feet. Off-street parking is permitted in any front yard provided said parking is at no point closer to the front street property line than 10 feet.
No off-street parking is regulated in this Section shall be permitted closer than five (5) feet to any property line unless said parking area will abut an approved parking area on the adjacent property.
In all B zones, off-street parking shall not be required In all O-R Zones, off-street parking shall be provided for permitted residential uses at a ratio of one (1.75) usable off-street parking stall per dwelling unit. Office uses permitted in the O-R Zone as set forth in this ordinance shall be provided with off-street parking at a ratio of one (1) parking stall for each 200 square feet of floor area, exclusive of any access drive or aisles within the parking area. In cases of permitted home professional office uses in the O-R Zone, the floor area devoted to office use shall be utilized in determining off-street parking requirements specified by this Section. Medical and Dental office uses in the O-R Zone as permitted by the Ordinance shall be provided with off- street parking at a ratio of one (1) parking stall per doctor, plus an additional one (1) parking stall for each 100 square feet of floor area devoted to such medical or dental use. In all I Zones and LI Zones, provision shall be made for-one off-street parking space exclusive of any access drive or aisles within the parking area for every 600 square feet of floor area, or any fraction thereof, of all buildings upon the premises exclusive of private garages. All parking spaces shall be provided with access drives and aisles as defined in Section 319. For the purpose of administering this Section, any basement area in any nonresidential zone that is used for sales or display and is open to the public shall be construed as floor area. All fractional spaces required under the terms of this Article shall be construed as whole spaces.
(a) In all B zones, off-street parking shall not be required.
(b) in all I zones, for all primary intended uses as allowed in Article 16, Section 1601 of this Ordinance provision shall be made for one (1) offstreet parking space exclusive of any access drive or aisles within the parking area for every 600 square feet of floor area, or any fraction thereof, of all buildings upon the premises exclusive of private garages. All parking spaces shall be provided with access drives and aisles as defined in Section 319. For the purpose of administering this Section, any basement area in any non-residential zone that is used for sales or display and is open to the public shall be construed as floor area. All fractional spaces required under the terms of this Article shall be construed as whole spaces.
(c) In all I zones, for all permitted conditional uses as regulated by Article 16A, Section 16A-01, provisions shall be made for two and one-half (2 1/2) off-street parking spaces exclusive of any access drive or aisles within the parking area for each dwelling unit.
In all residential zone districts, off-street parking shall be furnished for all new buildings or additions to buildings at a ratio of (2) usable off-street parking space for each new dwelling unit on the premises upon which said dwelling unit is located. In all residential zone districts permitted non-residential uses shall be provided with (2) off-street parking space exclusive of any access drives or aisles within the parking area for every 200 square feet of floor area, or any fraction thereof, of any building used for said use exclusive of a private garage. Any permitted non-residential use which is on the same lot with a permitted residential use shall be provided with off-street parking for each of said uses and the computation for each use shall be made separately and cumulatively. All offstreet parking spaces as required by this section shall be provided with adequate access drives and aisles as defined in Section 323.
Any owners of property in the O-R Zone District may meet the required parking provisions of this Article by participating in a joint parking program involving two (2) or more office or home professional uses; provided, however, that plans for such a joint parking program shall have been approved by the Planning Board, and, provided, further that the area for the parking facilities shall equal the collected parking area requirements of the participating properties to be served.
If any applicant can clearly demonstrate to the Planning Board that, because of the nature of his operation or use, the parking requirements of this section are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this section; provided, however, that a landscaped area of sufficient size to meet the efficiency shall be set aside and reserved for the purposes of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off- street parking space necessary. Anything in this Section or in Article 10 of this Ordinance to the contrary notwithstanding, no certificate of occupancy shall be valid except for the particular use for which it was issued and any change on any premises previously improved under this sub- paragraph shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Planning Board. All parts of any yards not used for off-street parking areas shall be adequately landscaped, subject to approval by the Planning Board, and maintained in good condition.
**Webmaster's Note: Inconsistant numbering verified in original
In the R-1, R-2, R-3, R-4, Zone Districts, only the following signs shall be permitted:
(a) one nameplate sign or customary sign for permitted uses, not more than two square feet in area, which may be either non-illuminated or illuminated nonflashing sign, provided that the- direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property.
(b) A non-illuminating temporary sign pertaining to the lease or sale of the premises upon which it is placed, not exceeding 12 square feet in total area, -provided that it shall be removed within 7 days after signing the contract of sale or the signing of a sale transaction or the execution of a lease. Signs as -permitted by this section that are smaller than 4 square feet need not obtain a permit.
(c) A sign deemed necessary to the public welfare by the Governing Body.
(d) A sign not more than 8 square feet in area setting forth the name of a school or place or worship on the same premises, and its coming activities.
(e) None of the signs permitted in the residential districts shall be erected nearer any street or road than half the setback required for the principal building to be erected on said plot, provided that nameplate sign not more than 72 square inches in area as regulated above may be placed anywhere within the front yard.
(f) Notwithstanding any other provisions of this Ordinance, one sign no larger than 8 square feet is permitted as accessory to each garden apartment development within the R-4 Zone.
In the B District and for all permitted office uses in the O-R District, no sign shall be permitted which is not accessory to the business or office use conducted on the property. Any such sign may be attached to any entrance wall or wall facing on a street providing all the following requirements are met:
(a) No sign shall be lighted by means of intermittent illumination. Illumination non-flashing signs are permitted provided that floodlights where used shall only be permitted where the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property.
(b) The total sign area for any sign permitted on the face of any wall shall not exceed one square foot of street frontage, with a maximum of 50 feet for each business establishment.
(c) No sign shall extend or project above the highest elevation of the wall to which it is attached.
(d) Buildings located on corner lots shall be construed as having frontage on both streets and signs as regulated in this section shall be permitted accordingly.
In addition to the above requirements flat signs shall not extend farther than fifteen inches from the face of the building wall upon which it is attached, provided; however, where a sign extends more than 3 inches from the face of said wall the bottom of said sign shall not be closer than 10 feet from the ground level below said sign.
Signs for home professional office use as permitted in the O-R zone shall be regulated by the requirements of this section. Signs for residential uses permitted in the O-R zone shall be regulated by Section 902.
In the Industrial District and Light Industrial District, no sign shall be permitted which is not accessory to the business conducted on the property and further subject to the following requirements:
(a) Signs attached to the wall of the principal building are permitted as regulated in Section 903.
(b) Each industrial use is permitted one freestanding sign provided said sign is not placed in the front half of the setback required for the principal building.
(c) Said sign complied with the side yard requirements for the principal building.
(d) The length of the permitted sign is not over 20 percent of the width of the building that the sign will set in front of, but, in no case shall the Length of the sign exceed 20 feet.
(e) The height of said sign shall not exceed onehalf the length as permitted above, but in no case shall the height of the sign exceed 10 feet.
In addition to the above, this zone also permits signs as regulated in Section 902 (b), (c), and (d).
ARTICLE 10. BUILDING AND ZONING PERMITS AND CERTIFICATES OF OCCUPANCY
No building or structure or part thereof except a fence or wall as regulated by Section 422 shall be erected, razed, moved, extended, enlarged, altered or demolished unless and until a permit has been granted by the Building Inspector therefor. Application therefor shall be filed in triplicate with the Building Inspector by the owner, or his agent, and shall state the intended use of the structure and the land. The application shall be accompanied by detailed plans and specifications and new buildings or additions to buildings shall be accompanied by a plot plan showing finished grades, and existing grades, open spaces, the established building lines within the block upon which the land is located and such other information as may be required to show that the proposed building or other structure shall comply with all of the requirements of this Ordinance for the Zone District in which the premises is located. Said plan shall be drawn to scale and shall show actual dimensions and figures. All plans, specifications, and plot plans shall be signed by a licensed architect or a licensed professional engineer of the State of New Jersey, provided, however, that the owner of a single-family residence may sign said plans in the event he has prepared them and intends to occupy said premises and the owner shall file an affidavit to that effect with said plans. A plot plan, but only a plot plan, may be prepared and certified by a licensed land surveyor of the State of New Jersey.
No Building Permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or any part thereof, unless and until the plans and intended uses therefor indicate that such building or structure is designed to conform in all respects to the provisions of this and all other applicable ordinances of the Borough of South Bound Brook. No Building Permit shall be issued for the erection, razing, moving, extending, enlargement or alteration of any building or structure, or part thereof, in any R-4, LI or I Zone District unless and until the requirements of Article 7 have been met.
No land shall be occupied or used in whole or in part for any purpose whatsoever unless and until a Zoning Permit therefor shall have been issued by the Building Inspector.
A.Zoning Permit shall be required for the use of any premises which does not have upon it a building. Whenever there shall be a change contemplated in the use of any premises which does not have a building upon it, a new Zoning Permit therefor shall be required.
No building or structure hereafter erected or altered and no building in which the occupancy or nature of use shall have been changed shall be occupied or used in whole or in part for any purpose whatsoever unless and until a Certificate of Occupancy shall have been issued therefor by the Building Inspector. The issuance of a Certificate of occupancy shall negate the necessity of securing a Zoning of occupancy shall supersede and revoke and Zoning Permit Permit for the same premises. The issuance of a Certificate of Occupancy shall supersede and revoke and Zoning Permit already granted for the same premises
The Building Inspector shall issue or deny a Zoning Permit within 7 days of the application therefor where site plan .Approval by the Planning Board is not required and within 7 days after affirmative action, on the site plan by the Planning Board where site plan approval is required. The Building Inspector shall issue or deny a Certificate of Occupancy within 7 days of the application therefor where site plan approval by the Planning Board is not required, and within 7 days after affirmative action on the site plan by the Planning Board where site plan approval is required.
No Zoning Permit or Certificate of Occupancy shall be issued by the Building Inspector until he has ascertained that all the requirements of this Ordinance and any other applicable Borough or State regulations and ordinances, Board of Adjustment decisions, necessary resolutions of the governing body of the Borough, and site plan as approved by the Planning Board, have been and are fully complied with. All improvements shown on any site plan shall have been installed on the premises in question before any Zoning Permit or Certificate of Occupancy as the case may be, shall be issued.
A.fee for any Building Permit, Zoning Permit or Certificate of occupancy shall be paid to the Borough of South Bound Brook at the time application is made therefor. Fee for a Building Permit shall be that specified by the Building Code of the Borough of South Bound Brook. The fee for a Zoning Permit or Certificate of Occupancy shall be as follows:
Certificates of Occupancy
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
Zoning Permits
$50 for all non-residential uses not requiring a Building Permit or Certificate of Occupancy.
A.Zoning Permit or Certificate of Occupancy shall specify the use of the land, or building or buildings, as the case may be, and any terms or conditions imposed thereunder. Any change in use shall be treated as a new use and a new Zoning Permit or Certificate of Occupancy as the case may be, shall be required therefor. Before any Zoning Permit or Certificate of Occupancy, as the case may be, shall-issue for any such change in use, all provisions of this Ordinance shall be complied within the same manner as if the new use where an initial use of land or a new structure or building.
It shall be the duty of the Building Inspector, to keep records of all applications for Building Permits, Zoning Permits or Certificates of Occupancy and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safe keeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Borough of South Bound Brook. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law.
The use or occupancy of land or buildings prior to securement of a Building Permit, Zoning Permit, or a Certificate of Occupancy, as the case may be, when one is required, shall be a direct violation of this Ordinance and shall subject the violator or violators to the penalties hereinafter prescribed.
ARTICLE 11. R-1 SINGLE-FAMILY RESIDENCE DISTRICT
This Zone District is designed for single-family residential use but permits:
(a) All public buildings owned or leased by any unit of government and public or institutional uses and public utilities but the procedure set forth in Section 419 above must be followed.
(b) Signs conforming to Section 902.
(c) Accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this Article.
(d) Private garages as regulated in Section 408.
(e) Parking and parking facilities conforming to Section 803 above.
(f) Public parks and playgrounds.
(g) Not more than 2 roomers or boarders per dwelling unit.
Any use other than those uses listed in Section 1101 is prohibited.
The following requirements must be complied with in the R-1 Residence District:
(a) HEIGHT. No building shall exceed a maximum of two and one-half stories or 35 feet in height, whichever is the lesser.
(b) FRONT YARD. There shall be a front yard of not less than 30 feet.
(c) SIDE YARD. There shall be 2 side yards and no side yard shall be less than 10 feet provided further that the aggregate width of the two side yards combined must equal 30 percent of the lot width at the building line.
(d) REAR YARD. There shall be a rear yard of at least 25 feet.
(e) MINIMUM LOT AREA. Each lot shall have a minimum lot area of 7,500 square feet, with an average width of 75 feet measured within 100 feet of the front property line.
(f) MINIMUM FLOOR AREA. Each dwelling unit shall have a minimum floor area of 1,200 square feet exclusive of any basement area provided, however, any dwelling other than a one story structure shall have a total minimum floor area of 800 square feet on the ground floor level.
ARTICLE 12. R-2 SINGLE-FAMILY RESIDENCE DISTRICT
This Zone District is designed for single-family residential use and permits any use as permitted and regulated in the R-1 Residence Zone.
Any use other than those uses listed in Section 1201 is prohibited.
The following requirements must be complied with in the R-2 Residence District:
(a) HEIGHT. No building shall exceed a maximum of two and one-half stories or 35 feet in height, whichever is the lesser.
(b) FRONT YARD. There shall be a front yard of not less than 25 feet.
(c) SIDE YARD. There shall be 2 side yards and no side yard shall be less than 6 feet provided further that the aggregate width of the two side yards combined must equal 30 percent of the lot width at the building line.
(d) REAR YARD. There shall be a rear yard of at least 25 feet.
(e) MINIMUM LOT AREA. Each lot shall have a minimum lot area of 5,000 square feet, with an average width of 50 feet, measured within 100 feet of the front property line.
(f) MINIMUM FLOOR AREA. Each dwelling unit shall have a minimum floor area of 1,000 square feet exclusive of any basement area provided, however, any dwelling other than a one story structure shall have a total minimum floor area of 800 square feet on the ground floor level.
ARTICLE 13. R-3 SINGLE AND TWO-FAMILY RESIDENCE DISTRICT
This Zone District is designed for single and two-family residential use but permits any use as permitted and regulated in the R-1 Residential Zone.
Any use other than those listed in Section 1301 is prohibited.
The following requirements must be complied with in the R-3 Residence District:
(a) HEIGHT. No building shall exceed a maximum of two and one-half stories or 35 feet in height, whichever is the lesser.
(b) FRONT YARD. There shall be a front yard of not less than 25 feet.
(c) SIDE YARD. There shall be two side yards, and no side yard shall be less than 6 feet, provided, further that the aggregate width of the two side yards combined must equal 30 percent of the lot width at the building line.
(d) REAR YARD. There shall be a rear yard of at least 25 feet.
(e) MINIMUM LOT AREA. Each lot shall have a minimum lot area of 5,000 square feet, with an average width of 50 feet measured within 100 feet of the front property line.
(f) MINIMUM FLOOR AREA. Each dwelling unit shall have a minimum floor area of 800 square feet per unit.
ARTICLE 14. R-4 GARDEN APARTMENT RESIDENCE DISTRICT
This Zone District is designed for single-family residential uses as well as multiple family structures commonly referred to as garden apartments. This zone also permits any use as regulated in the R-1 Residence District.
Any use other than those listed in Section 1401 is prohibited.
The following conditions must be complied with for all garden apartment buildings hereinafter constructed in the R4 Zone.
(a) HEIGHT. No building shall exceed a maximum of two stories.
(b) YARDS. Every garden apartment development shall be so designed so that no structure containing a dwelling unit shall be closer than 40 feet to any abutting street line or 25 feet to any other property line'.
(c) OPEN SPACE. There shall be a minimum distance of 30 feet between all structures containing dwelling units, provided, however, no open court yard formed by either one building or a group of buildings shall be less than 60 feet.
(d) DENSITY. Every garden apartment development shall have at least 3,000 square feet of lot area per dwelling unit and shall have no more than 14 units per acre.
(e) ROOMS. No garden apartment unit as permitted shall contain more than two bedrooms. However, no more than 20 percent of any such apartment unit shall contain more than one bedroom. For the purpose of administering this Section, a bedroom shall be construed as any room other than kitchen, living room or bath.
(f) SUPERINTENDENT. Each garden apartment project, whether contained in one structure or more than one structure, shall have superintendent residing in the
(g) BASEMENT APARTMENTS. be permitted in any basement.
(h) MINIMUM LOT SIZE
No garden apartment project, whether consisting of one or more than one structure, shall be located on any lot having an area of less than one acre and a minimum lot width of less than one acre and a minimum lot width of less than 125 feet.
(i) LANDSCAPING. All open spaces in any garden apartment project shall be adequately landscaped and maintained in good condition after approval by the Planning Board. All parking and service areas will be so screened that adjacent residential areas are shielded from said parking or service areas, and all ingress and egress driveways to and from said parking and service areas shall only be located within the R-4 Zone District.
(j) LIGHTING. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All wiring shall be laid underground and all lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential areas.
(k) MINIMUM FLOOR AREAS. Every garden apartment dwelling unit containing only one bedroom shall have a minimum floor area of 700 square feet per unit. Two bedroom units shall have a minimum floor area of 900 square feet per unit.
(l) PARKING AREA. One and one-half (1 1/2) parking spaces per dwelling unit will be provided.
ARTICLE 14A. O-R OFFICE RESIDENTIAL DISTRICT
The following uses are permitted in the O-R District:
A) Single-family residential use as permitted and regulated in the R-1 Residential District.
B) Single-family and two-family residential use as permitted and regulated in the R-3 Residential District and as permitted by this Article.
C) Professional office use including medical, dental or legal offices, banks and similar financial institutions, real estate offices, and other uses of a similar nature as defined by this Ordinance.
D) Home Professional use as defined by this Ordinance.
A) Professional office and home professional office use as permitted by Sections 14B-01 (C) and (D) of this Ordinance are prohibited in any building which contains more than one (1) residential unit.
B) Any use which is not expressly permitted in Section 14A-01 is prohibited.
The following requirements shall be complied with in the O-R Office Residential District:
A) HEIGHT. No building shall exceed a maximum of two and one-half (2 1/2) stories or 35 feet in height, whichever is the lesser.
B) FRONT YARD. There shall be a front yard of not less than 25 feet.
C) SIDE YARD. There shall be two (2) side yards, and no side yard shall be less than six (6) feet, provided, further that the aggregate width of the two (2) side yards combined shall equal 30 percent of the lot width at the building line.
D) REAR YARD. There shall be a rear yard of at least 25 feet.
E) MINIMUM LOT AREA. Each lot shall have a minimum ,lot area of 5,000 square feet, with an average width of 50 feet measures within 100 feet of the front property line.
F) MINIMUM RESIDENTIAL FLOOR AREA. Each dwelling unit shall have a minimum floor area of 800 square feet per unit.
G) COMBINED USES. Combined residential and professional office or home professional office uses shall comply with the following additional requirements:
1. Professional office use and home professional use shall only be permitted on the ground floor level of any building.
2. A separate exterior entrance shall be provided to the residential unit of buildings having professional office use, except in the case of home professional office use conducted by the resident of such premises, in which case uses shall be physically separated by a door or other type of partition to be approved by the Municipality.
3. All open spaces on premises of professional office use or home professional uses shall be adequately landscaped and maintained in good condition after approval by the Borough. All parking service areas shall be so screened that adjacent residential areas are shielded from said parking or service areas.
4. Lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon during business hours of all professional office and home professional uses. All wiring shall be laid underground and all lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area.
5. Off-street parking shall be provided in accordance with Article 8 of this ordinance.
ARTICLE 15. BUSINESS DISTRICT
This Zone District is limited to business uses of a strictly retail sales and service type but also permits:
(a) Business, professional and administrative offices.
(b) Accessory uses customarily incident to the above.
(c) Public garages as regulated in Article 5.
Any use other than those permitted by Section 1501 above is prohibited and more particularly none of the following uses shall be permitted: used car lots, unless an accessory use, junk yards, auction establishments, adult book stores, auto body shops, warehouses, storage buildings, trailer camps or tourist homes, roller skating rinks, residential uses of any kind, rooming or boarding houses, eating establishments where food or drink is consumed outside the confines of a structure on the premises and any industrial use. In the event the Building Inspector receives application for an intended use in the B Business District and he believes that the intended use is not a strictly retail sales and service nature or that it does not comply with all of the provisions of Section 1501 above, he shall refer the application to the Board of Adjustment for a decision after a hearing, as to whether or not said intended use violates the spirit and intent of this Article. The Building Inspector shall act pursuant to the decision of the Board of Adjustment.
The following requirements must be complied with in the B Business District:
(a) HEIGHT. No building shall exceed a maximum of two (2) stories or 28 feet in height, whichever is the lesser.
(b) FRONT YARD. No front yard is required.
(C) SIDE YARD. Business buildings may be built without side yards except that where a side yard in the B Business District adjoins the side yard of a residence zone district, there shall be a minimum side yard of 10 feet. If a side yard is provided, it shall not be less than 10 feet.
(d) REAR YARD. There shall be a rear yard of at least 10 feet. where property abuts any residence zone district, there shall be a rear yard of 25 feet.
ARTICLE 16. INDUSTRIAL ZONE AND LIGHT INDUSTRIAL DISTRICT
This zone is designed for offices of business or professional, executive or administrative purposes, scientific or research laboratories and selected industrial and manufacturing uses. The intensity of operations shall not exceed the limitations imposed by the performance standards hereinafter set forth in this Article. Before the issuance of a building or occupancy permit, the Planning Board shall review and approve a site development plan of the proposed use. The Planning Board shall ascertain that all the following requirements are complied with. All uses permitted shall be conducted wholly within a completely enclosed building except for loading and unloading operations and on-site parking of delivery vehicles.
The LI, Light Industrial District is designed for industrial uses which do not involve the storage, use, manufacturing, or fabrication of dangerous substances or involve objectionable noise production, effluents and generally do not create a major hazard to the general public or employees thereof. Permitted uses in the LI Zone District include business office, warehousing of nonhazardous materials, fabrication processes and other industrial uses as determined by the Borough Planning Board which are not of a nuisance-generating character.
Single-family Attached development and customarily incidental accessory uses as regulated by Article 16A, Section 16A-01.
No land or building shall be used or occupied for a use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable, fire explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, movement of air; electrical or other disturbance; glare; liquid or solid waste in any manner or amount unless it conforms with the performance standards of Section 1604 or any use which shall be detrimental to the health, safety, morals or general welfare of the Borough of South Bound Brook. in addition, the following uses are specifically prohibited:
(a) Residential construction or conversion except as conditionally permitted in Section 1601.1 of this ordinance.
(b) Commercial incineration.
(c) Junk yards.
(d) Rubbish, garbage or trash dumps except by the municipality or its agent.
(a) HEIGHT. No building shall exceed a maximum of 35 feet.
(b) FRONT YARD. There shall- be a front yard of not less than 25 feet. Parking areas as required shall not be permitted in the front yard. No parking area shall be nearer than 5 feet to any other property line nor 10 feet to any building. Corner lots in this zone shall meet one-half (1/2) the front yard setback requirements on the side street.
(c) SIDE YARD. There shall be two (2) side yards and no side yard shall be less than 25 feet. Parking as required may be permitted in the side yard provided no parking area is closer than 10 feet to any building nor 10 feet to any side property line.
(d) REAR YARD. There shall be a rear yard of at least 50 feet. The rear yard may be used for offstreet parking provided no parking area shall be nearer than 10 feet to any building nor 10 feet to any property line.
(e) LANDSCAPING. Those portions of all front, rear, and side yards that are not used for off- street parking shall be attractively planted with trees, shrubs, plants and grass lawns, as required by the Planning Board to insure that proper conditions will exist for drainage and absorption of surface waters and in order to preclude and prevent traffic hazards.
(f) ZONE DISTRICT BOUNDARY LINE RESTRICTIONS. No structure shall be constructed within this Zone District which shall be nearer than 50 feet from any residential zone district boundary. Within the fifty- foot (50) wide buffer area hereby created, a solid and continuous landscape screen shall be planted and maintained consisting of massed evergreen and deciduous trees and shrubs of such species and size as will produce, within two (2) growing seasons, a screen at least six (6) feet in height, and such density as will obscure, throughout the full course of the year, 75 percent of the glare of automobile headlights emitted from the premises. The landscape screen described above shall be located adjacent to the residential zone district boundary line. In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one (1) year.
(g) MINIMUM LOT SIZE. Each lot shall have a minimum lot area of 12,500 square feet with a minimum lot width of 100 feet.
Before the issuance of any building or occupancy permit for any use in the Industrial District, all of the following regulations must be complied with:
(a) FIRE AND EXPLOSION HAZARDS. All activities shall be carried on only in structures which conform to the standards, of the National Board of Fire Underwriters or the Borough Building Code or Fire Ordinance, whichever is more restrictive. All operations shall be carried on and all explosive raw materials, fuels, liquids, and finished products shall be stored in accordance with the standards of said Board of Fire Underwriters.
(b) RADIOACTIVITY. Any Industrial activity which emits dangerous radioactivity outside any permitted structure at any point is prohibited.
(c) SMOKE, DUST, FLY ASH AND OTHER AIR POLLUTANTS. All industrial activities shall be carried on in accordance with the regulations set forth in the New Jersey Air Pollution Control Code as published by the New Jersey State Development of Health.
(d) LIQUID OR SOLID WASTES. No industrial operator shall discharge industrial wastes of any kind into any reservoir, pond or lake. The discharge of untreated industrial wastes into a stream shall be prohibited. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough and New Jersey State Health Departments. Effluent from a treatment plant shall at all times comply with the standards set forth by the Middlesex County Sewerage Authority and the New Jersey State Water Policy Commission as the same shall apply.
(e) VIBRATION. There shall be no vibration beyond the immediate site on which such use is conducted.
(f) NOISE. There shall be no noise emanating from the operation or use measured from any point on the property line of the lot on which the industrial operation is located which shall exceed the values given in the following table in any octave band of frequency. The sound pressure level shall be measured with sound level meters and/or analyzers conforming to "United States of America Standard Specification for General-Purpose Sound Level Meters.," S1.4-1961, or latest revision, "United States of America Standard Specification for Octave, Half-Octave, and Third- Octave Band Filter Sets", S1.11-1966 or latest revision, published by United States of America Standard Institute, New York, N.Y.
Maximum permissible sound levels by Receiving Property Category, in dBA
Receiving Property Category
Sound Source
Property Category
**Webmaster's Note: Graphics are not displayed in the glossary frame. The graphic associated with this definition can be found in the ordinance body.
The following are exempt from the sound level limits of the above table:
(a) Noise from domestic power tools, lawn mowers, and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays, provided they produce less than 85 dBA at or within any real property line of a residential property;
(b) Sound from church bells and church chimes when a part of a religious observance or service;
(c) Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers, except as provided in 6.2.7;
(d) Noise from snowblowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal.
(e) Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29.
(f) Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within fifteen (15) minutes after it has been activated.
ARTICLE 17. BOARD OF ADJUSTMENT
Superceded by "Land Development Ordinance."
ARTICLE 18. ENFORCEMENT, VIOLATIONS AND PENALTIES
This Ordinance shall be enforced by the Building Inspector who shall in no case, except under a written order of the Board of Adjustment or the Governing Body, issue a permit for the erection or structural alteration of any building nor grant any Zoning Permit or Occupancy Permit for any land or building where the proposed erection, structural alteration, or use thereof would be in violation of any of the provisions of this Ordinance. It shall be the further duty of the Building Inspector to investigate any violation or alleged violation of this Ordinance coming to his attention, whether by complaint or third persons or from his own personal knowledge or observation. when any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of any provision of this Ordinance, it shall be the duty of the Building Inspector to proceed with the enforcement of this Ordinance and the penalties provided for hereunder. He may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him.
The Building Inspector shall file a monthly report on his-activities, including the complaints and cases processed by him and his disposition thereof, with the Councilman designated by the Borough Council.
For any and every violation of the provisions of this ordinance, the owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building, land or premises where such violation has been committed or shall exist, and who shall refuse to abate said violation within five (5) days after written notice so to do has been served upon him by certified mail, return receipt requested, or by personal service upon him, shall for each and every violation be subject to a fine not to exceed $1,000.00 or 90 days imprisonment or both, at the discretion of the Court of Judicial Officer before whom a conviction may be had. Each and every day that such violation shall continue after such abatement notice shall have been served shall be considered a separate and specific violation of this ordinance and not as a continuing offense.
ARTICLE 19. VALIDITY
In case any Section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance as a whole or any other part thereof other than the part so held unconstitutional or invalid.
ARTICLE 20. REPEALER
ARTICLE 21. WHEN EFFECTIVE