Millstone City Zoning Code
§ 30-106
GENERAL PROVISIONS.
A.
Nature and extent of uses of land. The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the uses of land.
B.
Zoning impact. No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for the zone district in which it is located and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
C.
Subdivision of lots. When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this Ordinance.
D.
Yards. Every lot must provide front, rear and side yards as required by its zone district.
E.
Required area and space. Except as provided in Section 30-106G, no lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this Ordinance. If already less than the minimum required under this Ordinance, said area or dimension shall not be further reduced.
F.
Frontage on street. Every principal building shall be built upon a lot with frontage upon a street or streets as defined in N.J.S.A. 40:55D-7, and shall be improved to meet the Borough's standards.
G.
Existing platted lots.
(1)
Any lot or plat legally established and existing at the time of passage of this Ordinance may be used for any use permitted in such district in which it lies, provided all of the following requirements are complied with:
H.
Conversion of existing structures. The conversion of existing structures to a use permitted in the zone in which said structures are located will be regulated the same as a new structure constructed in said zone district.
I.
Height exceptions.
(1)
At the discretion of the appropriate Board, the height of house of worship steeples or similar architectural element may exceed the zone limitation but in no case exceed a 55 foot height.
(2)
Except for single and two family dwellings as permitted in this Ordinance, roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building may be erected above the height limits prescribed by this Ordinance but in no case cover more than 10% of the roof area nor exceed 10% of the maximum height permitted in the district and these items shall be shielded by a parapet wall or other architectural relief consistent with the architecture of the main structure.
J.
Nonconforming uses, structures and lots.
[Amended 3-19-2007 by Ord. No. 2007-001]
(1)
Any nonconforming use which lawfully existed at the time of the passage of this Ordinance may be continued.
(2)
A nonconforming structure shall not be enlarged unless the structure is changed to a conforming structure, provided, however, that where a building meets the use requirements of this Ordinance and is nonconforming because of height or area or yard regulations, said structure may be enlarged providing the height, area and yard regulations are not further violated.
(3)
Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever except by authority of the Board of Adjustment.
(4)
Change in Nonconforming Use. A nonconforming use in existence at the time of the passage of this Ordinance shall not be permitted to be changed to any use other than a conforming use.
(5)
Cessation of Operation. Where there is a cessation of operation with the intention of abandonment of any nonconforming use, the same shall constitute an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this Ordinance.
(6)
Completion of Existing Buildings. Nothing in this Ordinance shall require any change in plans, construction or designated use of a structure for which a building permit has been heretofore issued provided construction has been diligently prosecuted within six months of the date of such permit.
(7)
Restoration of Existing Buildings.
(a)
Nothing in this Ordinance shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming building that is partially destroyed in the manner aforesaid may be reconstructed provided the nonconformities are not further violated.
(b)
Any building that is nonconforming because of height, area or yard requirements that is totally destroyed may be rebuilt only if the height, area or yard requirements of this Ordinance are met. To determine the extent of destruction for the purpose of this Ordinance, no part of the footings or foundation walls shall be considered. The total floor area of the reconstructed structure shall not be greater than the original nonconforming structure.
(c)
Any building that is nonconforming because of use that is totally destroyed in the manner aforesaid may be rebuilt only as a conforming use.
(d)
Determination of Partial Destruction:
[1]
Where any nonconforming building or structure, or building that is nonconforming because of use, has been destroyed or damaged by fire, explosion, act of God, or of any public enemy or the like, to the extent of 50% or more of the fair market value of the whole building or structure at the time of the destruction, it shall be presumed to be totally destroyed, and any building, structure or use thereon shall thereafter conform to all the requirements, terms and conditions of this Ordinance.
[2]
Where more than 50% of the fair market value of the whole building or structure remains after such damage or destruction, it shall be presumed to be partially destroyed, and any such building or structures may be repaired or restored to the same nonconforming use and to the same extent as existed before such damage or destruction.
[3]
Where a nonconforming use is partially destroyed as mentioned above, application must be made for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. Nothing in this Ordinance shall prevent the restoration of a wall declared unsafe by any governmental authority.
(8)
Nonconforming Due to Reclassification. The foregoing provisions of this Article shall also apply to building structures, land or uses which hereafter become nonconforming due to any reclassifications of zone districts under this Ordinance or any subsequent change in the regulations of this Ordinance.
(9)
Unlawful Use Not Authorized. Nothing in this Ordinance shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of the zoning regulations in effect at the time of the effective date of this Ordinance.
(10)
Exceptions to Minimum Lot Size.
(a)
Any lot or contiguous lots in common ownership existing at the effective date of adoption or amending of this Ordinance whose area or dimensions met the requirements of the district in which the lot was located prior to adoption of this Ordinance or amendment and which do not meet such requirements of this Ordinance may have a building permit issued for a use permitted for that zoning district provided that all other applicable standards are met.
[Added 3-19-2007 by Ord. No. 2007-001]
K.
Height above sea level. No new building shall be constructed in any zone at an elevation of less than 40 feet above sea level.
L.
Uses permitted in all residential zones.
(1)
Family Day Care Homes as permitted and defined under the Municipal Land Use Law (C.40.55D-66.5b.; i.e., the private residence of a family day care provider which is registered as a family day care home pursuant to the "Family Day Care Provider Registration Act," P.L. 1987,c.27 (C.30:5B-16 et seq.).
(2)
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries as defined under the Municipal Land Use Law (C.40:55D-66.1 & 2). The bulk requirements for these uses shall be the same as for single family dwelling units located with the same district.
M.
Uses permitted in all nonresidential zones.
(1)
Child Care Centers as defined in the Municipal Land Use Law (C40:55D-66.6) requiring a license from the Department of Human Service pursuant to P.L 1983, c.492 (C.30:5B-1 et seq.). Unless an independent use, the floor area occupied in any building or structure as a child care center shall be excluded in calculating the following:
N.
Accessory buildings and structures. Accessory buildings or structures shall be subject to the following requirements:
(1)
They shall not be located in any required front yard, except in the case of fences or walls as permitted by this Ordinance.
(2)
Accessory buildings may be erected as part of a principal building, provided that all yard requirements for the principal building are also met by the accessory structure.
(3)
The minimum distance of any accessory building from any other building where the accessory structure is not attached to the principal structure shall be five feet.
(4)
The minimum setback of accessory buildings or structures from property lines shall be as required for each individual zoning district.