Alpha City Zoning Code
ARTICLE I
General Provisions
§ 410-1 Title.
This chapter shall be known and may be cited as the "Alpha Borough Zoning Ordinance of 2000."
§ 410-2 Purpose and intent.
The purpose of this chapter is to encourage the most appropriate use of land throughout the Borough and to conserve the value of property, with due consideration for the character of the zones and their peculiar suitability for particular uses, all in accordance with a comprehensive plan designed to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to that end to regulate the height, design, appearance, number of stories and size of buildings and other structures, the percentage of the area of the lot that may be occupied, the size of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes and the height, size and location of these uses within the limits of the Borough.
§ 410-3 Definitions; word usage.
A.
Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
B. ACCESSORY STRUCTURE ACCESSORY USE ADULT ADULT BOOKSTORE AND/OR GIFT STORE ADULT MOTION-PICTURE THEATER AFFORDABLE HOUSING UNIT ALTER AREA OF SOLAR ARRAY BASEMENT BUILDING BUILDING COVERAGE COAH CELLAR CERTIFICATE OF OCCUPANCY CHURCH CLUB, NONPROFIT CLUSTER DEVELOPMENT COMMERCIAL VEHICLES CORNER LOT DENSITY, GROSS DENSITY, NET DWELLING or DWELLING UNIT DWELLING, MULTIFAMILY DWELLING, ONE-FAMILY DWELLING, ONE-FAMILY ATTACHED DWELLING, TWO-FAMILY FAMILY FARM FARM BUILDING FENCE FLOOR AREA, TOTAL GARAGE, PRIVATE GROUND-MOUNTED SOLAR ARRAY HEIGHT OF BUILDING HOME OCCUPATION HOTEL or MOTEL HOUSING OFFICER INSTITUTIONAL USE INTERIOR LOT LAND USE BOARD LOT AREA LOT, CORNER LOT COVERAGE LOT WIDTH LOW INCOME MANUFACTURING MODERATE INCOME MOTOR VEHICLE SERVICE ESTABLISHMENT MOTOR VEHICLE SERVICE STATION NEIGHBORING PROPERTIES NONCONFORMING BUILDING NONCONFORMING LOT NONCONFORMING USE OFFICE OFF-STREET LOADING SPACE OFF-STREET PARKING AREA OFF-STREET PARKING SPACE PRIMARY USE PRINCIPAL BUILDING PRINCIPAL USE PLANNED RESIDENTIAL DEVELOPMENT (PRD) QUASI-PUBLIC(1) (2) REGION RESIDENTIAL SITE IMPROVEMENT STANDARDS RESTAURANT RESTAURANT, DRIVE-IN ROOFTOP SOLAR ARRAY SENIOR CITIZENS HOUSING SIGN SIGN AREA MEASUREMENT SIGN, IDENTIFICATION SIGN, TRAFFIC CONTROL SOLAR ENERGY SYSTEM SOLAR PANELS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES STORE, RETAIL STORE, WHOLESALE DISPLAY STORY STORY, HALF SWIMMING POOL, PRIVATE TRACT USE UTILITIES UTILITY WAREHOUSE YARDS(1) (2) (3) ZONING OFFICER
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
A separate, subordinate structure on the same lot with a principal structure and devoted exclusively to an accessory use.
A use naturally and normally incident and subordinate to the principal use of a structure or lot.
Any person or persons who have attained the age of 18 years.
An establishment having as a substantial or significant portion of its stock-in-trade gifts, devices, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) and limiting the sale of such sexual material to adults.
An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (as defined herein) for observation by patrons.
A dwelling unit designated and deed restricted for occupancy by a qualified low- or moderate-income household for a specified number of years meeting the requirements of the New Jersey Council on Affordable Housing (COAH).
To change the supporting members of a structure to add to or reduce the size of a structure, to change the use from that permitted in one zone to a use permitted in another, to convert a structure or a part thereof or to move a structure from one location to another.
The area of the smallest encompassing square, rectangle (or other geometric figure) of a ground-mounted solar array.
[Added 12-13-2011 by Ord. No. 11-12]
A portion of the building partly underground, but having less than 1/2 of its clear height below the average grade of the adjoining ground. (See "cellar.")
Any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
The New Jersey Council on Affordable Housing.
A portion of the building partly underground, having 1/2 or more than 1/2 of its clear height below the average grade or adjoining ground. (See "basement.")
A certificate issued by the Construction Official upon completion of construction, alteration or change in occupancy or use of a building.
[Amended 6-22-2004 by Ord. No. 04-15]
A building or group of buildings, including customary accessory buildings, designed or intended for public worship or religious education. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations, as well as parish houses, convents and such accessory uses.
A building used to house a social, fraternal or service organization or club not organized or conducted for profit and which is not adjunct to or operated by or in conjunction with a public tavern, cafe or other place of business.
The permitted reduction in lot sizes and lot area requirements in major subdivisions in which the density requirement (dwelling units per acre) is maintained and where all resulting open land within said subdivision is deeded to the Borough of Alpha for public purposes or reserved as permanent open space.
Commercially licensed vehicles of any kind, except passenger cars and station wagons which do not have commercial advertising, lettering, signs or names and addresses on the exposed portions thereof, provided that the word "signs" does not apply to the usual trademarks or labels of the manufacturer or dealer. The term "commercial vehicles" shall also include school buses and omnibuses. The definition of the terms in this section relating to motor vehicle types shall be as provided in N.J.S.A. 39:1-1.
A lot at the junction of and having frontage on two or more intersecting streets.
The total number of dwelling units existing or permitted on a tract divided by the total area of the tract. The result is expressed as dwelling units per acre.
The total number of dwelling units within a designated portion of a tract divided by the total land area of the designated portion of the tract, including the open space, roadways, parking areas and common facilities devoted exclusively to that portion of the tract. The result is expressed as dwelling units per acre.
A building or portion thereof designed and used as the residence of a family.
A building designed for and containing three or more dwelling units.
A building designed for and containing one dwelling unit only.
A one-family dwelling connected to at least one other one-family dwelling by common wall(s), trellis(es), patio(s), garage(s), or the like, in which each unit has its own direct access to the outside and no unit is located over another unit.
A building containing two dwelling units.
One or more persons living privately as a single housekeeping unit and using cooking facilities in common and not under a normal landlord-tenant relationship.
Any parcel of land which is used for gain in the raising of agricultural products, including crops, livestock, poultry or dairy products.
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of the farm as defined by this section. The term "farm building" shall not include a dwelling located on a farm.
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.
The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said area shall be measured between the outside faces of exterior walls or from the center line of walls separating two uses. Said areas shall not include areas below the average level of the adjoining ground, garage space or accessory building space.
A secondary building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
A solar energy system, as defined herein, that is mounted on armatures anchored to the ground with ground cover beneath.
[Added 12-13-2011 by Ord. No. 11-12]
The vertical distance measured from the average finished grade level immediately adjacent to the building foundations to the extreme high point of the building, exclusive of parapet walls not exceeding four feet in height for structures with a flat roof, church steeples and spires, chimneys, antennas, farm silos, solar panels, HVAC systems, and similar fixtures.
[Amended 11-24-2020 by Ord. No. 2020-15]
A permitted commercial activity conducted entirely within a dwelling unit or permitted accessory structure thereto conducted by members of the family residing therein; which is clearly incidental and accessory to the residential use of the dwelling in a residential zone, does not change the residential character of the dwelling or lot thereon and is in accordance with the provisions of this chapter.
An establishment providing lodging and usually meals for the general public, especially transient guests. It may include such uses incident to the operation as follows: rest rooms, offices, meeting rooms, restaurants, cocktail lounges, beauty parlors, barbershops, apparel stores, confectionery shops and the like. Such incidental uses shall be conducted solely within the primary building.
The Clerk of the Borough of Alpha and/or any entity designated by the Borough Council to act as the agent of the Borough Clerk in managing the occupancy of the affordable housing units created in the Borough of Alpha.
A nonprofit public, private or quasi-public use such as a church, school, library, hospital, club, lodge and fraternal, civic, service or charitable organization.
Any lot other than a corner lot.
The Board established by ordinance empowered to hear land use applications. This shall be either the Planning Board, Board of Adjustment or a combined Planning Board and Board of Adjustment.
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of the lot included in a public street right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and fronting on two or more intersecting streets.
That percentage of the lot area which is devoted to building coverage.
The least continuous horizontal distance between the side lot lines measured at the distance from the street line which establishes the minimum required front yard. On corner lots, the lot width shall be measured between a street line and the opposite side lot line.
Less than 50% of the median income for the region for households of a specified size, as currently approved by COAH.
The production of articles or finished products from previously refined raw materials by giving them new forms or qualities.
Fifty percent to 80% of the median income for the region for households of a specified size, as currently approved by COAH.
A building or use which is designed or intended to be used for the storage, servicing, repair, maintenance or cleaning of motor vehicles or other automotive equipment.
A building or premises in which or upon which is conducted a business involving the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil, regardless of any other business on the premises, which business may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including facilities for body repair work or painting.
All properties, lots or portions thereof that are directly adjacent to a lot by means of a common lot or boundary line; or any property, lot, projected lot or boundary line, or portion thereof, that fronts onto opposite sides, measured at 90°, of a common street right-of-way or easement line.
A building, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Amended 6-22-2004 by Ord. No. 04-15]
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Added 6-22-2004 by Ord. No. 04-15]
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
[Amended 6-22-2004 by Ord. No. 04-15]
A building or portion thereof used as the place of business of a person, corporation, firm or public agency for professional services and administrative and executive purposes, as distinguished from a shop or store.
An accommodation for the off-street parking of a commercial vehicle for the purpose of delivery to or receipt from a building of goods and materials and having a width of at least 12 feet, a length of at least 50 feet and a clearance above grade of at least 14 feet.
An open area, other than a street or other public way, used for the parking of motor vehicles and available for use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.
The off-street parking area for one motor vehicle. Such parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, shall be a minimum of 10 feet in width measured perpendicular to the axis of the length and shall have adequate provision for ingress and egress on the property.
Shall mean principal use.
A structure arranged, adapted or designed for the predominant or primary purpose for which a lot may be used.
The primary or predominant use of the premises.
A tract with a minimum contiguous acreage of 20 acres or more to be developed as a single entity according to a plan showing one-family or multifamily residential units, or both, and meeting the requirements of this chapter.
An agency or body which is defined by one of the following:
An organization either not-for-profit or for-profit that is created by the State of New Jersey, any political subdivision or agency including any special district or authority or unit of local government to perform a public purpose.
An organization organized not-for-profit which serves an eleemosynary purpose such as a church, charitable organization, hospital organization or other similar organization.
The housing region for Alpha Borough established by the Council on Affordable Housing.
The "Residential Site Improvement Standards" adopted by the Department of Community Affairs and published as New Jersey Administrative Code Title 5, Chapter 21.
Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building.
An establishment where patrons are served soft drinks, ice cream and other food products for consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
A solar energy system, as defined herein, that is mounted to roof of a building or structure.
[Added 12-13-2011 by Ord. No. 11-12]
Housing designed, set aside and restricted for occupancy only by households in which at least one member is 62 years of age or older.
Any announcement, declaration, demonstration, billboard, display, illustration or insignia used to promote or advertise the interests of any person, group of persons, company, corporation, service or product, when the same is placed, erected, attached, painted or printed, whether inside or outside the building, where it may be viewed from the outside of any structure on the premises where placed.
The area of any sign shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. If the letters, illustration, display or background are attached directly to the face of a building, the height or width of the sign shall be the height or width of the largest letter, illustration, display or background, whichever is the greater. For signs with two display faces which are mounted back-to-back, the maximum area requirement shall be permitted on each side. Signs with more than two display faces are prohibited.
Any sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.
Any sign which is used to direct or control traffic flow on or around a site. Traffic control signs shall be of a size and shape conforming to the "Manual on Uniform Traffic Control Devices." Traffic control signs shall not contain any company logos, trademarks or distinctive lettering.
A solar energy system and all associated equipment which converts solar energy into a usable electrical energy, heats water or produces hot air or other similar function through the use of solar panels.
[Added 12-13-2011 by Ord. No. 11-12]
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
[Added 12-13-2011 by Ord. No. 11-12]
A building or part thereof in which or from which merchandise or services are furnished directly to the public.
A building or part thereof where merchandise is displayed for sale and sold at wholesale, but where no goods, wares, merchandise or material is warehoused.
That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between any floor and the ceiling next above it.
That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A basement shall also be included as a half story.
A swimming pool operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
An area of land composed of one or more contiguous lots having sufficient area to meet the requirements of this chapter for the use(s) permitted. For the purposes of computing the tract area and gross density of a development in the AH Zone, a tract shall consist only of that land which is located wholly within the AH Zone.
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
Those services customarily rendered by public utility corporations, municipalities or municipal authorities, to include, but not necessarily limited to, electricity, gas, telephone, water and sewage and the appurtenances used in connection with the supplying of such services, including but not necessarily limited to buildings, wires, pipes and poles.
Any land use or activity under exclusive or public franchise or under closely regulated operation or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, rail transportation, water and sewage or as defined in N.J.S.A. 48:2-12 as a public utility and regulated by the New Jersey Board of Public Utilities but specifically excluding solid waste collection, treatment and/or disposal.
A building used for the temporary storage of goods, materials or merchandise for later or subsequent distribution or delivery elsewhere for purposes of processing or sale.
FRONT YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street right-of-way line and the nearest part of the principal structure on the lot.
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot.
The officially established Zoning Enforcement Officer of the Borough of Alpha.
C.
Word usage. For the purposes of this chapter, all words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the word indicates otherwise. The word "shall" is mandatory and directory. The word "used" includes "designed, intended or arranged to be used."
§ 410-4 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of the law or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, the provisions of this chapter shall control.
§ 410-5 Conflict with other laws.
Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or those imposing the highest standards shall govern.
§ 410-6 Applicability of regulations.
No building shall hereafter be erected, and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the appended schedule, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the area and bulk requirements, off-street parking requirements and all other regulations designated in the schedule and this chapter for the zone district in which said building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void.