Absecon City Zoning Code
ARTICLE XVIII
Regulations Applicable to All Zoning Districts
§ 224-106 General regulations.
[1997 Code § 224-106]
In order to protect the general health, safety and welfare of Absecon City residents and in recognition of the high density of development of the City, the following regulations shall apply.
§ 224-107 Prohibited uses in all districts; vehicle storage restrictions.
[1997 Code § 224-107; Ord. No. 11-2009 § 224-107]
A.
The following uses are prohibited in all districts:
(1)
Automotive Salvage Yards. Outdoor salvage of wrecked automobiles or parts thereof for more than 60 days.
(2)
Buses, 25 feet or less in length, travel trailers, mobile homes, boat trailers, campers, house trailers or self-propelled recreational vehicles, hereinafter referred to as Permitted Vehicles, stored at private residences must be in the side or rear yards or in the driveway and no closer than three feet from all rear and side property lines. The Permitted Vehicles stored at private residences must be owned by individuals who reside at the private residence. None of the aforementioned Permitted Vehicles shall be used for occupancy at any time while parked pursuant to this chapter, nor shall they be hooked up to any utility service. No such Permitted Vehicles shall be stored in the common parking area of apartments, high-rises or townhouses. No such Permitted Vehicles may be stored so as to block any sidewalk or obstruct the ability of others to see oncoming traffic, thereby creating a hazard.
[Ord. No. 11-2009]
(3)
Boats occupied for more than 48 hours, and in no case shall they be hooked up to a permanent utility service.
(4)
Sanitary landfills or other similar waste disposal areas.
(5)
The use of any mobile home, travel trailer, tractor-trailer or similar mobile unit for the sale of goods therefrom while parked for any period of time adjacent to any building or the use of any mobile unit for storage purposes for a period in excess of one week while parked adjacent to any building.
(6)
Any use which includes the storage of gasoline or other petroleum product not permitted in any other section of this chapter.
(7)
Any use which includes the manufacturing of acid, cement, lime, gypsum or plaster of paris.
(8)
Any use which includes the manufacture or storage of explosives, fat, fertilizer, gas, glue, PCB, asbestos or vinyl chloride or the reduction of garbage, offal or dead animals.
(9)
Any use which involves the smelting of tin, copper, zinc or iron ores.
(10)
Any uses which by reason of emission of odor, dust, gas, smoke or noise is detrimental to the health, safety or general welfare of the community.
(11)
Any use which creates vibration or glare that goes beyond property lines.
(12)
Storage of combustible materials for other than on-site use and/or refining of combustible materials.
(13)
Campgrounds or campsites.
(14)
Buses over 25 feet in length stored at private residences must be in the side or rear yards and no closer than three feet from all rear and side property lines. Buses over 25 feet in length stored at private residences must be owned by individuals who reside at the private residence. Buses over 25 feet shall not be used for occupancy at any time while parked pursuant to this chapter, nor shall they be hooked up to any utility service. Buses over 25 feet shall not be stored in the common parking area of apartments, high-rises or townhouses. Buses over 25 feet shall not be stored so as to block any sidewalk or obstruct the ability of others to see oncoming traffic, thereby creating a hazard.
[Ord. No. 11-2009]
§ 224-108 Nonconforming uses and structures.
[1997 Code § 224-108; Ord. No. 10-2004]
The otherwise lawful use of a building or land existing at the time of the adoption of this chapter may be continued although such use does not conform to the provisions of this chapter, provided that:
A.
Such use shall not be extended or enlarged without conforming to all regulations of the district in which it is located.
(1)
Exception: An existing single-family dwelling on a lot with pre-existing nonconforming lot area, lot width or lot depth may be expended provided the proposed building expansion does not increase the pre-existing nonconforming setbacks and provided that the proposed building expansion conforms to the required building setbacks, building and site coverage requirements and height requirements of the district.
[Ord. No. 10-2004]
B.
The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire tract or lot.
C.
Whenever a nonconforming use is discontinued or changed to a conforming use it shall not thereafter be changed back to a nonconforming use.
D.
Whenever a nonconforming structure has been damaged by fire or other causes to the extent of 75% of its market value as determined by the Construction Official, it shall be rebuilt or repaired in conformity with the regulations of the district in which it is located.
E.
If a nonconforming use or structure ceases operations for a period of more than one year, such use will be considered abandoned, and any subsequent use shall conform to the regulations of the district in which it is located.
§ 224-109 Unsafe conditions.
[1997 Code § 224-109]
If the Construction Official, upon inspection, determines that an unsafe condition exists with respect to building soundness, fence or wall soundness or sign soundness, he shall notify the owner of his findings and state his reasons and order the condition repaired or, in the case of signs and fences, removed within a reasonable time period.
§ 224-110 Parabolic or dish-type antennas.
[1997 Code § 224-110]
A.
No parabolic or dish-type antenna shall be erected, constructed, altered or maintained on any lot without complying with the terms of this section.
B.
All parabolic or dish-type antennas outside of the building shall meet the following requirements:
(1)
Only one such antenna is permitted on the residential lot.
(2)
Maximum height: 15 feet.
(3)
Maximum diameter: 10 feet.
(4)
Minimum setback from all property lines: the same as for accessory structures in each district.
(5)
No antenna may be located in a front or side yard.
No such antennas shall be roof-mounted unless its maximum height is not more than 15 feet above the existing roofline and it does not exceed the district maximum height. |
C.
These standards shall apply in all districts. Site plan review, or site plan waiver if appropriate, shall be necessary for all such antennas to be located other than as accessory to single-family dwellings.