Laurel Springs City Zoning Code

Nonconforming use. A use or activity which was lawful prior to the adoption, revision or amendment or 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.

Nonconforming uses run with the land, which means that the property owner's rights do not terminate upon change of ownership.

Nonconforming uses may not be enlarged or intensified without a variance, except where the change is negligible. Nonconforming uses may be restored or repaired only in the event of partial destruction but may not be continued if the destruction, whether voluntary or involuntary, exceeds partial destruction.

Nonconforming uses may not be changed to another use unless the proposed change in use is similar to the existing use.

A nonconforming use may not be continued where an abandonment of such use occurs. Abandonment requires the concurrence of two factors:

Nonconforming structure. A structure, 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 reason of such adoption, revision, or amendment.

Nonconforming structures run with the land, which means that the property owner's rights do not terminate upon change of ownership.

Nonconforming structures may not be enlarged or intensified without a variance, except where the change is negligible. Nonconforming structures may be restored or repaired only in the event of partial destruction, but may not be continued if the destruction, whether voluntary or involuntary, exceeds partial destruction.

Accessory buildings, structures and uses shall be permitted only on the same lot as the principal building to which they are accessory.

Accessory buildings, structures and uses shall not be such as to alter the character of the premises on which they are located and shall not encroach upon any front, side or rear yard unless otherwise permitted in this chapter.

All accessory buildings, structures or uses shall be governed by the bulk and area regulations of the zone in which they are located, except that storage sheds associated with one- and two-family dwelling units on the same lot as the principal structure may be located not closer than five feet to the side and rear lot lines but shall comply with the front yard requirement for a principal structure. Storage sheds on corner lots shall not be located nearer to any street line than the minimum required depth of a front yard in the zone in which the lot is located. Storage sheds shall not exceed 120 square feet and nine feet in height.

No change shall be permitted to the exterior of the home for the purpose of accommodating day-care use. However, the exterior of any new residential structure used as a home-based care center shall be architecturally designed as a residential unit compatible with the type of existing units or those yet to be located in the neighborhood.

The applicant shall be required to submit proof that the use is in harmony with the character of the neighborhood with consideration to population density, design, scale, and bulk of any structure and that no adverse impacts will be created.

A minimum of 30 square feet of usable activity indoor floor space for each child is required. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, basements or attics shall not be included in this calculation.

A minimum of 75 square feet of outdoor play area per child is required on the residential lot. The area shall be well drained, completely fenced and not include driveways, parking areas or land unsuitable for outdoor play areas. Outdoor play areas shall also be readily accessible and free from hazardous conditions.

All outdoor play areas shall be screened from adjacent properties by a fence or wall at least six feet in height and screen plantings within a 15-foot setback area along property lines. Outdoor areas located near or adjacent to hazardous areas determined by the Board to be unsafe, including but not limited to streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high-voltage lines, or propane gas tanks, shall be fenced or otherwise protected by a natural or man-made barrier.

No outdoor play area shall be located in the front yard.

Family day-care centers must restrict their hours of operation to between 6:30 a.m. and 9:00 p.m. No outdoor play areas shall be used before 9:00 a.m. or after 8:00 p.m. There shall be no overnight care.

Any site lighting shall not reflect over the property line of the premises.

No signage shall be permitted for home-based care centers other than one unlighted nameplate of not more than one square foot attached to the home.

Adequate parking and loading/unloading areas shall be determined by the Board during site plan review of the center.

There shall be no detrimental impacts to the use, peaceful enjoyment, economic value or development of the surrounding properties or neighborhoods.

The home in which the use is located shall be the principal residence of the applicant.

No commercial vehicle shall be kept on the premises in connection with a family day-care home occupation.

No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a family day-care center except in passenger automobiles owned by the resident and kept on the premises, or ordinary mail/delivery methods (e.g., UPS, FedEx).

Family day-care use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants.

There shall be no nuisance element detectable beyond the principal structure in connection with the family day-care center.

Family day-care shall be approved by the New Jersey Department of Children and Families (DCF).

The applicant shall provide substantial evidence that there is a definite need for the child-care center in the requested location and that the proposed child-care center will have no adverse impact on surrounding properties.

The child-care center shall have easy and direct access, and the entrance and exits shall be located away from areas of heavy vehicular and pedestrian traffic with limited contact with commercial and/or office uses.

The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.

The child-care center shall not create any objectionable traffic conditions.

Parking areas, pedestrian walkways, or other exterior portions of the premise subject to use by child-care center occupants at night shall be illuminated to provide safe entrance to and egress from the center.

An outdoor play area shall be on the same lot as the child-care center. The area shall be graded, well drained, completely fenced and not include driveways, parking areas or land and uses otherwise unsuitable. All outdoor play areas shall include sheltered play space.

No part of any outdoor play area may be situated in the front yard.

Storage facilities for moveable outdoor play equipment shall be provided and such equipment shall be stored in these facilities when not in use. In addition, outdoor play equipment shall be designed to accommodate disabled children.

All outdoor play areas shall be screened from adjacent properties by a fence or wall at least six feet in height and screen plantings within a 15-foot setback area along all property lines. Outdoor areas located near or adjacent to hazardous areas determined by the Board to be unsafe, including but not limited to streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high-voltage lines, or propane gas tanks, shall be fenced or otherwise protected by a natural or man-made barrier or structure.

The child-care center may be identified only by signage which is consistent with the overall sign design theme of the particular development project or area in which the center is located.

Each child-care center shall be connected to public sewer and water facilities.

The site shall be free from any hazards to the health, safety, or well-being of the children.

The child-care center, including any outdoor play space provided, shall be so located, and designed that there shall be no objectionable impacts on adjacent or nearby properties due to noise, activity, visual or other objectionable conditions. The Board may require such special treatment in the way of design, screening or buildings, planting and parking areas, signs, or other requirements as it shall deem necessary to protect adjacent and nearby properties.

All child-care centers must be licensed by and meet the requirements of the New Jersey Department of Children and Families (DCF).

Said use shall be located on the same lot as the principal structure.

Said use shall comply with the minimum yard requirements for principal structures.

Said use shall be appropriately screened and fenced to minimize adverse impact on adjoining properties.

A swimming pool shall be a permitted accessory use, and no swimming pool shall be permitted unless it complies with the requirements of this chapter and Chapter 237, as amended.

No existing or hereafter constructed swimming pool shall be located on a lot unless there is an occupied residence on such lot.

No swimming pool shall be hereafter constructed, installed, relocated, or reconstructed unless the pool itself and any apron, accessory building, structure, and equipment are all located at least 10 feet from all property lines and at least 30 feet from the property line of any street bordering the property in question. Swimming pools are prohibited in front and side yards.

Tennis courts may use a hurricane-type fence around the court area. The maximum height shall be six feet along the property line, and an additional one foot in height for every additional one-foot setback from the property line, not to exceed 10 feet.

Tennis court drainage shall be reviewed and approved by the Borough Engineer.

No person, firm or corporation shall break, cut, or otherwise damage or disturb any existing curb in the right-of-way of any public street except in accordance with this article.

An existing curb may be broken in order to permit the construction of a driveway for access to property contiguous to such curb, but only in accordance with this article.

The Zoning Officer shall, upon written request of the owner or contractor fixing the location and size of the opening, authorize the Borough Clerk to issue a permit where the property in question contains only a single-family dwelling and access is desired for the use of the occupants of such dwelling and the opening will not exceed 14 feet.

In all other instances, permission therefor shall be obtained from the Board upon written application and notice to other property owners as required in the case of a variance. The standards to be used by the Board in granting or denying such permission or in attaching such conditions as the Board may deem appropriate shall be:

The refinishing of all curb cuts shall be done in good and workmanlike manner.

Definitions. As used in this chapter, the term "fence" shall include the following:

Design requirements.

Height restrictions.

Prohibited fences. The following types of fences are prohibited in all zones:

Swimming pool fences excepted. The provisions of this chapter shall not control fences that are required adjacent to swimming pools. (See Chapter 237).

Encroachments on easements or rights-of-way.

Maintenance. All fences or hedges shall be maintained in a safe, sound, and upright condition and are the responsibility of the present owner.

Existing fences and hedges.

Inspections by Property Maintenance Inspector or Zoning Officer. If the Property Maintenance Inspector (if one has been appointed by the Borough) or Zoning Officer, upon inspection, determines that any fence violates the terms of this chapter, he shall notify the owner or occupant of the premises upon which the fence is located of his findings and the reason for such findings. He may order such fence or portion of such fence to be repaired or removed within 30 days of the receipt of the notice. This notice may be delivered in person, provided that the recipient signs and dates an acknowledgment of service, or by certified mail, return receipt requested.

Enforcement. After the expiration of the 30 days as provided herein, the Property Maintenance Inspector or Zoning Officer who issued the notice may cause said repair or removal to be effectuated if the owner or occupant has failed to make said repair or removal. In that event, the cost thereof shall become a lien upon such lands and, as such, become part of the taxes next to be assessed and levied on such lands as provided by the laws of the State of New Jersey.

Yards. On a corner lot, there shall be deemed two front yards on abutting streets, one rear yard and one side yard.

Yard dimensions.

Through lots. On a through lot, front yards are required along all street lines.

Curved lot frontage. Where a lot adjoins a cul-de-sac or abuts a curved street with a radius of less than 500 feet, the required lot frontage may be reduced to not less than 1/2 of the required minimum lot width, and the minimum lot width at the front yard line may be reduced to not less than 75% of the required lot width.

Lot depth. The required lot depth at any point may be decreased by 25% if the average lot depth conforms to the minimum requirements.

Minimum net habitable floor area. The net habitable floor area of any dwelling unit shall be not less than the least restrictive of the most current minimum floor areas as promulgated by the New Jersey Housing Finance Agency or the U.S. Department of Housing and Urban Development in its minimum property standards manual.

Maximum occupancy limits. The number of occupants of any dwelling unit shall not exceed the maximum permitted under the most current occupancy guidelines as established by the U.S. Department of Housing and Urban Development.

Number of structures restricted. In any residential zone, there shall be not more than one principal structure on each lot. In any other zone, the placement of more than one principal structure shall be subject to Board approval of a site plan showing existing, proposed and all future development(s) on the site.

Adult bookstores, adult motion-picture or video theaters, and massage parlors are hereby deemed to be regulated uses.

No regulated use may be located within 1,000 feet or any other regulated uses, nor within 1,000 feet of a residentially zoned area.

Any person, firm or corporation or other party violating any of the provisions of this section shall, upon conviction thereof, be subject to penalties prescribed herein. Each and every violation of and nonconformance with this section or each day that any provision of this section shall have been violated shall be construed as a separate and distinct violation thereof.