Delran City Zoning Code
ARTICLE I
Intent; Authority; Applicability
§ 355-1 Introduction
This chapter is a comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Township of Delran, Burlington County, New Jersey, into zoning districts for such purposes; adopting a Zoning Map of Delran Township showing boundaries and the classification of such districts; and prescribing penalties for the violation of its provisions.
§ 355-2 Authority.
A.
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq., commonly known as the "Municipal Land Use Law," which confers the power to regulate the use of lands within its jurisdiction upon New Jersey municipalities.
B.
This chapter is also based upon the duly recognized police powers of a municipality and is an exercise of the same.
§ 355-3 Purpose.
This chapter is adopted in order to promote and protect the public health, safety, and general welfare and in the furtherance of the following specific objectives:
A.
Lessening congestion on the streets and ensuring access to the circulation system.
B.
Providing for adequate light and air.
C.
Preventing the overcrowding of land and buildings.
D.
Avoiding the undue concentration of population.
E.
Ensuring the conservation and protection of open space and natural features.
F.
Balancing uses to meet the needs of the Township.
§ 355-4 Impacts on future and existing land development.
A.
No development of vacant land nor any alteration, enlargement, building, construction, rebuilding or other act with respect to existing buildings, structures or use of lands within Delran Township, including the Summerhill and Glenbrook Developments, may occur except in accordance with the requirements and procedures set forth in this chapter unless the required variances and/or waivers are obtained for any variation or nonconformity or they are otherwise permitted by court order.
B.
Notwithstanding any other provisions herein, accessory uses permitted in the applicable zoning district for the existing primary residential use on an existing nonconforming lot are permitted and will not be considered an expansion of a nonconforming use so long as such accessory use complies with all area and bulk requirements applicable to such lot and so long as such accessory structure or use does not increase the habitable living area of the lot.
C.
The following regulations shall control nonconforming uses in existence at the time of passage of this chapter:
(1)
If any nonconforming structure shall be partially destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy, such structure may be rebuilt but only in conformity with the provisions of this chapter.
(2)
No existing nonconforming structure shall be extended, added to or altered unless such alteration or addition is in conformity with the provisions of this chapter.
D.
Unless the specific use regulations of a zone permit a use, the use shall be prohibited.
E.
Area and bulk standards and design standards specifically applicable to a conditional use shall supersede the general area and bulk standards and design standards otherwise applicable to the zone.
F.
Unless otherwise specifically stated to the contrary, the area and bulk standards for primary uses on any property within a zone are the area and bulk standards applicable to all accessory and conditional uses permitted in the zone, including but not limited to the maximum height of all accessory structures, which shall not exceed the maximum permitted height for any primary structure.
G.
Only one use shall be permitted on any one residential lot, except for permitted accessory uses and approved conditional uses which are intended to be incidental to the primary residential use.
H.
Nonresidential lots may contain more than one permitted use, subject to each building, structure, development and uses on a lot meeting the area and bulk standards of the applicable zoning district and other provisions of this chapter.
I.
Accessory uses and structures as defined in § 355-6 below are permitted in all zones except where specifically prohibited.
J.
Corner properties.
(1)
In any district, no principal or accessory use shall be located closer to any street line than the distance required as the front yard setback uses in that district. Corner lots are to be deemed to have two front yards.
(2)
On all corner lots the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on an adjoining interior lot fronting on such street. No corner lot setback shall in any case be less than 20 feet, except that the provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot that is less than 100 feet in width. Corner lots having frontages of greater than 150 feet on both intersecting streets shall observe the same requirements for front yards on both streets as apply to adjoining interior lots fronting on such streets.
K.
Residential bulk regulations have been liberalized in order to encourage the preservation of grassways, watercourses, and mature trees; utilization of energy-conscious house siting; reduction of impervious paving; and the substitution of usable open space for large individually owned limited-use lawns and yards. Wherever possible, development should be planned as to minimize disturbance of significant natural factors (such as stands of trees). Clustering should be employed liberally.