No nonconforming lot shall be further reduced in size.

No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.

No nonconforming use may be expanded.

Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a change of any use or activity.

Restoration. If any nonconforming building shall be destroyed by reasons of windstorm, fire, explosion or other act of God or a public enemy to an extent of less than 75% of the recorded true valuation, then such destruction shall be deemed partial destruction and may be rebuilt, restored or repaired. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Code Official.

Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.

Alterations. A nonconforming building may not be enlarged or extended, unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

Accessory structures in residential zones.

Accessory structures in all other districts. For the purposes of this chapter, accessory structures in all other districts shall meet the height and yard requirements for principal buildings. No such accessory building shall be located closer to another building than the height of the shorter building.

Roof-mounted solar panels and solar panel arrays not exceeding a height of 12 inches from the existing roof surface of a peaked rood and not exceeding a height of four feet from the existing roof surface of a flat-roofed structure and not resulting in an overall height in excess of that permitted for the principal structure in the zone district in which the principal structure is located shall be a permitted accessory use in all zone districts.

Ground-mounted solar panels arrays designed and capable of production of electrical energy not to exceed 110% of the energy needs of the principal structure located upon the same lot, based upon the average electric utility usage over the three-year period immediately prior to the application for the zoning permit shall be a permitted accessory use in all zone districts; provided, however, that no portion of the solar panel array shall exceed a height of eight feet above existing grade. Such solar panel arrays shall be located in the side yard and rear yard areas, only, of the lot and must meet the setbacks for accessory structures and maximum accessory structure area limitations for the zone district in which the solar panel array is located. If located in the side yard area of the lot, the ground-mounted solar panel array shall be buffered from view of adjoining properties and roadways by fencing, screening or vegetation such as evergreen plantings having a minimum planted height of 48 inches and not exceeding an on-center planting spacing of 10 feet. Not more than 10% of the area of the lot or 2,500 square feet, whichever is lesser, shall be devoted to the use. Ground-mounted solar panel arrays shall not be located in any environmentally constrained area.

Fences and walls erected in the Borough shall adhere to the following:

These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms or farm operations except insofar as such fences might affect the public safety.

The fence height requirements in this section shall not apply to fences required around outdoor storage areas in the Industrial Zones, as set forth in § 410-20.

The height limitations of this chapter shall not apply to farm silos, church spires, belfries, cupolas and domes not used for human occupancy which are part of a principal structure. Silos on farms and used for storage of farm products principally produced on the farm need not be a part of a principal structure.

Chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features, necessary mechanical appurtenances usually carried on and above the roof level and parapet walls or cornices used for ornamentation may exceed the height limitations of this chapter. Mechanical appurtenances, ventilators, skylights and similar features shall not exceed the top of the roof structure by more than five feet. Chimneys, water tanks and antennas shall not exceed the height limitations by not more than 15 feet, provided that they do not exceed 10% of the roof area. No part of the structure subject to this provision shall be used for occupancy.

Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such buildings exceed the height limit herein established for such zone in which it is located.

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, planting or both as approved by the Land Use Board. 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.

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 Land Use Board 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 isolated 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.

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 three feet within 25 feet of the street right-of-way or within 10 feet of a property line.

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 and stored on the same premises or unless the same are new or used vehicles being stored or displayed at a licensed motor vehicle dealership. For the purpose 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 conforming to all requirements of the New Jersey Division of Motor Vehicles.

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.

Business structures or uses shall not display coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

No structure shall be built on land where structures are prohibited by state or federal law, such as floodplain or wetlands areas. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface.

No persons, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto or except as hereinafter specified.

Existing natural features such as trees, 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.

Only one principal building may be erected on a lot except for related buildings forming one principal use and limited to the following:

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 less than 15 feet.

All billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.

Auction markets.

Golf driving ranges and similar outdoor commercial recreation facilities.

Junkyards, automobile wrecking or disassembly yards, the storing or baling of scrap metal, paper, rags or other scrap or waste materials.

The keeping or raising of swine, chickens, game birds or fowl of any kind or horses, cows or other farm animals of any kind, except in connection with a permitted farm use as defined in § 410-3, or mink, foxes or other fur-bearing animals.

Trailer courts, trailer coaches used as a dwelling or commercial activities related to the outdoor storage or display of trailer coaches.

Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials.

Open-air drive-in moving-picture theaters.

Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.

Kennels.

All classes of cannabis establishments, cannabis distributors and/or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.

Use types.

Use regulations.

It is recognized that it may be in the interests of the Borough of Alpha and in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may not be permitted by other provisions of this chapter. If such uses are of such a nature and are so located that at the time of application they will in no way exert a detrimental effect upon the lawful use of land and activities normally permitted in the zone in question and will contribute materially to the welfare and well-being of the Borough, upon proper application and favorable findings by the Borough Council, it may direct the Zoning Officer to issue a permit for a period not to exceed six months.

Such temporary uses and the structures housing same may include, but shall not be limited to, structures such as trailers, storage containers or other such nonpermanent temporary storage facilities which shall not be located upon any form of footing, foundation, concrete pad, gravel base, etc.; shall be utilized exclusively for purposes of temporary storage structure; and subject to the following limitations:

Front yards. In such cases in residential zones where the frontage on both sides of the street within the same block is 50% or more developed, then the required front yard for a new structure not the subject of a site plan or subdivision may be modified to the average for such existing development. Otherwise, the requirements of § 410-21, Schedule of Area, Yard and Building Requirements, shall apply.

Side yards. In the case of lots upon which an existing structure is located or which comply with the provisions for modification of § 410-41, combined total side yard requirements, as specified in Column 11 of the Schedule of Area, Yard and Building Requirements,[1] shall be reduced by six inches for each foot by which a lot is less than the minimum requirement specified in Column 4 of the Schedule of Area, Yard and Building Requirements, for the zone in which located. In any case, the side yard area for either side yard shall not be reduced to less than 50% of the requirement of Column 10 of the Schedule of Area, Yard and Building Requirements.