A. Continuance.
(1) Any lawful nonconforming use on a lot which existed on the date of adoption of this chapter may be continued.
(2) Any existing structure designed, arranged, intended or devoted to a nonconforming use may be structurally altered subject to the following regulations:
(a) A nonconforming use shall not be enlarged unless the use is changed to a conforming use; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height, area and/or yard regulations, said use may be enlarged, provided that height, area or yard regulations are not further violated, and further provided that in the case of a building which is located in violation of a side or rear yard regulation, any expansion thereof within the same plane of the wall which is in violation of said yard regulations shall be considered a further violation and shall require granting variance therefor, prior to such expansion.
(b) A nonconforming use changed to a conforming use shall not thereafter be changed back to a nonconforming use.
(c) A nonconforming use in existence at the time of adoption of this chapter shall not be permitted to be changed to another nonconforming use unless such change would reduce the degree of nonconformance.
(d) If any nonconforming use shall terminate or cease its activity for a continuous period of not less than two years, it shall not be reestablished but shall be replaced with a use in full conformity with the provisions of this chapter, except that the Board of Adjustment may permit such nonconforming use to be reestablished only to the extent that it existed upon passage of this chapter if it shall find, upon petition therefor and presentation of adequate factual evidence, that such peculiar circumstances exist, whether it is in the form of structural improvements, formation or character of the lot and lands, that no other use in closer conformity to the standards of this chapter may be established thereon.
(e) Any existing lot which is nonconforming may be modified, provided that 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.
(f) A zoning permit may only be issued for a nonconforming use or structure after application to the Zoning Board of Adjustment and a hearing on the same, upon notice to all parties entitled thereto.
B. Completion of existing buildings. Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been issued when construction has been diligently prosecuted within six months following the date of such permit and completed within the term of such permit.
C. Termination of existing nonconforming uses. If the owner of property upon which a nonconforming use exists wishes to terminate such use and replace it with a use of less objectionable or obnoxious character or with a use in closer conformity with the standards established in the zone for health, safety and neighborhood character, be may do so upon appeal to the Zoning Board and upon finding thereto upon submittal of appropriate factual evidence. The Zoning Board, in granting such appeal, shall impose such conditions as shall ensure adequate limitations upon the extent of such use and the design or alteration of any structure to these ends.
D. Unlawful use not authorized. Nothing in this chapter shall be interpreted as implied authorization for or approval Of the continuance of use a structure premises in violation of zoning regulations in effect at the time of adoption of this chapter.
E. Nonconforming structures, land or uses due to reclassification. The foregoing provisions of this article shall also apply to structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this chapter or any subsequent change in the regulations of this chapter.
A. Existing natural features, such as trees, wetlands, 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.
B. Streams and streambeds. No structure shall be built on a lot any side of which fronts on a natural watercourse unless a permit or certificate of exemption has been issued by the New Jersey Department of Environmental Protection or its successor agency as required by the Stream Encroachment Law (N.J.S.A. 58:1-26 et seq.2) and the act regarding floodplains (N.J.S.A. 58:16A-50 et seq.).
**Webmasters Note: The previous sections, 285-1 through 285-25.B, have been amended as per Supplement No. 2.
C. Topsoil. No topsoil shall be removed from any lot in the township unless documentation is provided by the applicant that there is sufficient remaining topsoil to cover all disturbed areas of the lot at a minimum thickness of six inches. Only excess topsoil which is not needed for redistribution on disturbed areas of the lot may be removed from the lot to another lot within the township, subject to the filing of an erosion and sediment control plan for the destination point of the topsoil. Topsoil shall not be permitted to be removed from the township.
(1) Only one principal building may be erected on a lot, except for related buildings forming one principal use and limited to the following:
(a) Public or institutional building complexes.
(b) Industrial, manufacturing or retail shopping complexes.
(c) Such uses as may be allowed in a planned unit development or planned residential development, except single-family detached dwelling uses.
(d) On farm properties of fifty (50) acres or more qualified under the Farmland Assessment Act, which have been permanently preserved (the development rights have been acquired by any Federal, State, County or Township entity, agency or program), including, but not limited to, preservation pursuant to the Farmland Preservation Act (N.J.S.A. 4:16-1, et. seq.) not in excess of two (2) single family residential dwelling houses may be established providing that: each of the residences is served by a driveway, which may be a common driveway (or farm lane), conforming to the requirements of Chapter 130-Driveways; each of the dwelling houses is served by separate wells and separate septic systems unless common wells and/or common septic systems are permitted by law and are approved by the Warren County Board of Health and/or the New Jersey Department of Environmental Protection; all applicable front, side and rear yard setbacks shall be met; and the dwelling houses and the parcels upon which they are located and which are attributable to each of the dwelling houses (the curtilages), shall be non-severable (not subdividable) and a deed covenant and restriction to that effect shall be required to be established.
**Webmasters Note: The previous subsection, A(1), has been amended as per Ordinance No. 03-22.
(2) Unless otherwise regulated in this chapter, no principal building shall be located closer to another building than the height of one of the buildings, but in no event closer than 15 feet.
B. Required areas on lot to be in zone where required. All yards, open space, off-street parking areas and required buffer strips must be contained within the zone in which the use to be served thereby is permitted.
C. Street frontage required. Primary structures shall be built only upon lots having frontage upon a street improved to meet the township's requirements.
D. Yards affected by Master Plan or Official Map. Where a lot has frontage on a street which the Master Plan or the Official Map of the township indicates is proposed for right of way widening, the required yard area shall be measured from the proposed street line.
E. Front yard modifications. In any residential zone, in lieu of the minimum front yard depths required by this chapter, when 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, the front yard depth at the front of a proposed building:
(1) Shall conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment exceeds the minimum front yard depth required in the zone within which such proposed building is situated; provided, however, that in no case shall the depth of such front yard be required to exceed such minimum depth by more than 10 feet.
(2) May conform to the average alignment of the two nearest buildings within such 200 feet in cases where such average alignment is less than the minimum front yard depth required in the zone within which such proposed building is of situated; provided, however, that in no case shall such front yard have a depth less than 25 feet.
F. Comer lots and through lots. Where a lot has frontage on two intersecting streets or where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. Detached accessory buildings shall be located to the rear of the front building line of the primary building and shall also conform to the side and rear yard requirements of this chapter for the zone as applicable.
G. Attached garages. Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that, when so constructed, the garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.
H. Usable yard areas.
(1) Purpose. It is recognized that there are certain critical areas within a parcel of land which would inhibit the appropriate development of the land on which they exist. These constrained areas are to be reserved during the planning process from development. It is the intent of this section to identify those areas which are constrained and to establish areas within each lot which are suitable for development of a conventional building.
(2) Constrained areas. Except in the AH Zone, the following areas are determined to represent constraints on the development of a lot:
(a) Wetlands and buffers.
(b) Floodplains.
(c) Slopes greater than or equal to 15
(d) Rock outcroppings.
(e) Depth to seasonal high water less than 1.5 feet (where septic systems are proposed).
(f) Depth to bedrock less than 3.5 feet (where septic systems are proposed).
(g) Conservation easement areas.
(3) All lots shall meet the minimum area and all other dimensional requirements within the zone but shall also enclose within each lot an area which is constraint-free.
(a) The constraint-free area shall meet the following requirements:
(b) Not less than 1/2 of the constraint-free land shall be within the minimum required yards.
(c) The constraint-free area shall be contiguous and shall be of such a shape that the length to the width shall not be in a ratio of greater than four to one.
(d) The Planning Board shall have the authority to allow, in certain specific instances, variations from the shape parameters and the requirement that the constraint-free area be contiguous, provided that the applicant can demonstrate that a dwelling can be constructed on the parcel having the following improvements in constraint-free areas:
[1] A primary and reserve septic system;
[2] A well meeting the one-hundred-foot minimum required isolation distance from the septic system;
[3] An area for the dwelling with an area adjacent to the dwelling for recreation purposes; and,
[4] An area adjacent to the dwelling for the maneuvering of automobiles.
I. Open and unobstructed yards.
(1) The space in a required front yard shall be open and unobstructed above ground level except for:
(a) Steps giving access to a porch or first floor entry door.
(b) Other projections specifically authorized in §89-26I(2) and (3).
(2) Every part of a required yard shall be open to the sky unobstructed except for accessory buildings and except for the ordinary projection of sills, belt courses and except for ornamental eaves not projecting more than two feet.
(3) Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided that the total area of all such porches which extend into such yards does not exceed 200 square feet.
J. Display of goods for sale in yards. The display of goods for sale or the location of coinoperated vending machines of any type in a manner which would infringe upon the required yard areas specified in this chapter is prohibited.
K. Commercial vehicles in residential zone. No commercial vehicle 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 primarily in connection with a farm; provided, however, that for the purposes of interpreting this article, passenger cars, station wagons, pickup trucks and vans used for commercial purposes shall not be subject to the provisions of this article if there is not more than one vehicle per lot and the vehicle shall have no more than two tires on each of two axles and shall have a net-rated weight not to exceed one ton.
L. Comer clearance.
(1) In order to afford maximum safety to the traveling public, clear sight areas shall be established and maintained on all comer lots. The clear sight area shall be bounded by the right-of-way lines of the intersecting streets and a diagonal line connecting a point on the minor street right-of-way line located 30 feet from the major street right-of way line and a point on the major street right-of-way line located 100 feet from the minor street right-of-way line. The 30 feet by 100 feet clear sight area has been established and shall be maintained to provide the following minimum intersection sight distance when viewed from a point 15 feet behind the curbline of the major street:
(2) On comer lots where the major or through roadway exhibits significant horizontal curvature, the township may require a larger clear sight area to ensure that the minimum intersection sight distances shown above are provided.
(3) Within the clear sight area, no wall, fence or other structure shall be erected and no vehicle, object or obstruction shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of 20 inches above the center line elevation of the street, except that trees whose branches are trimmed to a height of at least 10 feet above the center line elevation of the street shall be permitted, provided that they do not create a safety hazard.
M. Fences and walls.
(1) No fence erected on or around a residential lot or parcel of land shall exceed six feet in height. Preconstructed fences of a standard six-foot height must be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum height of six feet.
(2) Fences shall be permitted to be constructed subject to the following conditions, and provided that the construction of such fences does not violate any of the other provisions of this chapter.
(a) Maximum height: six feet.
**Webmasters Note: Subsection (b) has been deleted as per Ordinance No. 03-100.
(c) The minimum distance to front property line shall be 10 feet from the street right-of-way line or 15 feet from the existing curbline or edge of pavement, whichever is greater.
(d) Finished surfaces of fences shall face adjacent properties or, in the event there be none, then the street or property line closest to which the fence is located.
(e) No fence shall be constructed of woven, interwoven or laced plastic material.
(f) Fences constructed adjacent to driveways must be designed to provide adequate sight distance in conformance with Chapter 130, Driveways.
(g) Living fences or screening shall be planted a minimum distance of 10 feet from any street right-of-way and a minimum of three feet from any property line not fronting on a public street. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with visibility on comer lots.
(h) The following fences and fencing materials are specifically prohibited unless used on a farm: barbed wire fences, short pointed fences, canvas, cloth, electrically charged fences, poultry netting, temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction on such property.
(i) Fences may be erected on farms for containment of farm animals. The type of fence shall be appropriate for the type of animals to be contained and must be in place prior to animals being permitted on the property. Fencing may include but is not limited to wood or plastic post and board fence, high tensile wire fences, electric wire fences, barbed wire fences or chain link or woven wire fences.
(3) A fence permit shall be required from the Construction Code Official for all fences erected in the Township, except for living fences. Except as provided in Subsection (g), none of the other restrictions or provisions shall apply to living fences. The application shall include a copy of a survey or, if none available, a plan, a statement as to the height and location of the fence, method to be employed in its support and the materials used in its construction. In addition, the applicant shall advise the Construction Code Official as to the date on which said fence is to be constructed in order to provide for the inspection thereof.
**Webmasters Note: The previous Sections 285-26(M)(2)(h) through 285-26(M)(3) has been amended as per Ordinance No. 01-9.
N. Lot grading requirements. Lots shall be graded in a manner which will minimize any detrimental impacts of stormwater runoff on the lot and on adjoining properties, roadways or existing drainage facilities. [Added 12-21-2004 by Ord. No. 04-36]
(1) Lots shall be graded so that stormwater is directed away from buildings to prevent flooding and foundation problems.
(2) Wherever possible, lots shall be graded to direct stormwater into natural or man-made channels or other existing drainage facilities.
(3) Lots should be graded so that existing drainage patterns are maintained. Drainage shall not be diverted from one watershed to another or from one direction to another. Drainage flows shall be permitted to continue across property lines, provided that proposed flows do not exceed existing flows and that the character of the flow (i.e., sheet flow or concentrated flow) is not changed.
(4) Lots should be graded to avoid the concentration of flows and provide for dissipation of velocities at all concentrated discharge points.
(5) No grading shall be permitted which will cause an overload of existing drainage channels or other drainage facilities or cause erosion and sedimentation onto adjoining properties or public roadways.
(6) No property owner shall be permitted to block or divert existing drainage channels or drainage facilities.
(7) Lots shall be graded and stabilized in a manner to prevent erosion and sedimentation on the lot or on adjoining lots or roadways. Immediately upon completion of grading, vegetative cover shall be reestablished in accordance with the Standards and Specifications for Soil Erosion and Sediment Control in New Jersey adopted by the Warren County Sail Conservation District.
**Webmasters Note: The previous subsection, N., has been added as per Ordinance No. 04-36.
The height provisions of this chapter shall not apply to the erection of building appurtenances, such as church spires, belfries, towers or flagpoles designed exclusively for ornamental purposes. The height provisions of this chapter shall, moreover, not apply to chimneys, flues, bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located and further provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
Outdoor storage or display of any article or material as an accessory use to any commercial operation is permitted in the B-2, B-3 and I Zones only and then 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 or planting, or both, as approved by the Planning Board pursuant to the provisions of Chapter 224, Site Improvement Standards. 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 Planning Board pursuant to the revision of Chapter 224, Site Improvement Standards, 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 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 or parking lot aisle.
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 2.5 feet within 25 feet of the curbline or within 10 feet of a property line nor conflict with the provisions of § 285-28A above.
D. Excepting the outdoor storage of live plants, not more than 50% of any yard shall be devoted to outdoor storage or display. 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 or unless the same are new vehicles being stored or displayed at a licensed motor vehicle dealership. For the purposes 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 which conforms to all requirements of the New Jersey Division of Motor Vehicles.
E. 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.
