Carneys Point City Zoning Code
ARTICLE V
Miscellaneous Provisions
§ 212-22 Continuation of nonconforming uses and structures.
[Amended 8-8-1990 by Ord. No. 491]
Any nonconforming structure or use lawfully existing at the time of enactment of this chapter or any subsequent amendment may be continued under the following conditions:
A.
A nonconforming use shall terminate upon abandonment at any time, which shall be presumed when the actual conduct of a nonconforming use is discontinued for a period of 12 consecutive months for any reason or is resumed for less than one month within a year. The structure, premises or structure and premises in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
B.
A nonconforming use shall not be enlarged, extended, moved to a different position on the lot or structurally altered in any way, except as may be required for normal maintenance or to prevent damage or injury. A preexisting, nonconforming use of a structure may be changed to a use permitted in the district in which it is located.
C.
A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity and shall not be moved any distance whatever unless it will thereafter conform to the regulations of the district in which it is located.
D.
A nonconforming structure may be restored or repaired in the event of partial destruction thereof in accordance with N.J.S.A. 40:55D-68.
E.
Any nonconforming structure or use which is superseded by a permitted structure or use shall thereafter conform to the regulations of the district in which it is located, and the nonconforming structure or use shall not be reinstituted.
§ 212-23 Applicability of provisions to existing lots.
A lot failing to meet the district requirements for area or width by more than 20% and which is demonstrated to have been of public record and not of contiguous frontage with other lots in the same ownership at the time of enactment of this chapter may be used for a permitted use in the district in which it is located only upon the issuance of a variance by the approving authority after public hearing and a showing by the applicant that he cannot reasonably obtain additional space to meet chapter requirements. Any variance granted shall constitute the minimum adjustment necessary to permit the reasonable use of the lot. Lots, as described above within the specified percentage, may be used for a permitted use, provided that all other applicable maximum-minimum building standards are met and the lot area and width are not less than the requirements previously applicable.
§ 212-24 Applicability of provisions to contiguous lots.
If two or more lots or combinations of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area less than the requirements stated in this chapter, except if construction commences under previously applicable requirements within 90 days of the effective date of this chapter or any amendment or within the time period when rights are effective under any subdivision or site plan approval.
§ 212-25 Yards or spaces to be used for one requirement.
No part of a yard or other open space or off street parking or loading space required about or in connection with any buildings for the purpose of complying with this chapter shall be included as part of a yard, open space or off street parking or loading space similarly required for any other building.
§ 212-26 Applicability to be uniform.
Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
§ 212-27 Yard reduction prohibited.
No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements as established by this chapter.
§ 212-28 Public street frontage required.
Every principal building shall be built upon a lot having frontage on a public street as defined in this chapter.
§ 212-29 Exceptions to height requirements.
A.
All buildings and structures shall be subject to height limitations specified in the Schedule of District Regulations,[1] except spires, belfries, domes, cupolas, scenery lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses, water tanks, towers, antennas, skylights, bulkheads and similar decorative features and necessary mechanical appurtenances usually carried above roof level. The aggregate horizontal area covered by such features shall not exceed 20% of the area covered by the principal building. The excess height of any such structure shall not be greater than the shortest distance from such structure to any required yard, nor shall the total height exceed twice the building height limitation in the district in which it is located. The foregoing does not pertain to transmission towers and associated right-of-way widths which are to be determined by standards in the National Electric Safety Code. Agriculture buildings not intended for human occupancy shall not be subject to the horizontal area limitations.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
In any zoning district where a single-family home is a permitted use, except in High-Density Residential Districts (HR) and Medium-High Density Residential Districts (MHR) and the lot size is 30,000 square feet or more, an accessory building, such as a shed, pole barn or garage type structure shall have a maximum height of 25 feet. Such accessory structure shall be for private use of the owner of the principal structure and shall comply with all other setback requirements as specified on the schedule of district regulations for the zoning district where the property is located. The accessory structure shall not have a full second floor.
[Added 10-21-2015 by Ord. No. 906]
§ 212-30 Front yard modifications.
A.
Where a lot has frontage upon a County road proposed for right-of-way widening on the Master Plan or Official Map of the County of Salem, the required front yard depth shall be measured from and parallel to the proposed right-of-way line measured at right angle unless the existing street line is a greater distance from the road center line. Where a lot has frontage on any road with the street line at less than 25 feet measured at a right angle from the center line, the required front yard depth shall be measured from a line parallel to and at that distance from the center line.
B.
If on a given block there is a pronounced uniformity of depth of actual front yards, as established by existing buildings on both sides of the lot in question, which is less than the minimum yard requirement otherwise specified by this chapter, the front yard for said lot may conform to the average depth of the existing front yards.
§ 212-31 Corner lots.
Building setback lines for a corner lot shall be the same as required on the adjoining lot along either block.
§ 212-32 Irregularly shaped lots.
In the case of irregularly shaped lots, the minimum lot width specified in the schedule shall be measured at the building setback, provided that in no case shall a distance between side lot lines be reduced to less than 50% of the minimum lot width requirement.
§ 212-33 Projections into required yards.
Building projections, including bays, chimneys, cornices and gutters, may extend into required yard areas for a distance not to exceed five feet but shall not be located within 10 feet of any property line.
§ 212-34 Sewerage and water services.
[Amended 9-12-2001 by Ord. No. 701]
In MHR (Medium-High-Density Residential); HR (High-Density Residential) and LC (Light-Commercial) Zoning Districts, connection to public sewer and water services is required unless a property owner or other interested person obtains an exemption from said requirement in accordance with the terms of this section. In the event that public sewer and/or water services are not available to the property in question, the property owner or other interested person shall obtain a certification from the Carneys Point Township Sewerage Authority and the Penns Grove Water Supply Company, as appropriate, verifying that public sewer and water services are not available to serve the property. Upon presentation of such certificate, the property owner or other interested person shall be relieved of the obligation to connect to public sewer and public water services as otherwise required pursuant to this section. In LR (Low-Density Residential) and GC (General Commercial) Districts, the maximum-minimum building standards for the RR (Rural Residential) District shall apply if connection is not made to public sewer and water service.
§ 212-35 Construction below street center-line grade.
No principal building shall be permitted to be constructed with the first-floor elevation below the center-line grade of the street on which it fronts until a grading plan shall have been submitted to and approved by the Township Engineer for adequate drainage.