Section 13-32, Bathroom Requirements for Dwelling Units.

Section 13-33, Bathroom Requirements for Independent Rooming Units.

Section 13-43, Occupancy Standards: Dwelling Units.

Section 13-44, Occupancy Restrictions for Certain Dwelling Units and Rooming Units.

Section 13-45, Required Basic Facilities.

Section 13-56, Occupancy of Rooming or Dwelling Units: Relocation Assistance.

Section 13-57, Cooking Restricted to Where Sanitary Facilities Exist.

Section 13-58, Occupancy Without Required Facilities.

Subsection 30-803.1, Site Plans Required.

Replacement roof.

Replacement siding.

Replacement windows and doors of the same size as existing doors and windows.

Replacing chimneys and chimney liners.

Interior oil tank replacement.

Furnace/boiler replacement.

Replacement kitchen cabinets/fixtures/appliances.

Replacement bathroom fixtures.

Garage doors, same size.

Replacement floors/ceilings.

Installation of radon mitigation systems (interior systems only).

Installation of commercial carpet for nonresidential uses.

Minor work or ordinary maintenance as defined by the Uniform Construction Code, N.J.A.C. 5:23-1 et seq.

Applicants for the Planning or Zoning Board are encouraged to submit a concept application to the Town Planning staff prior to seeking zoning permit approval. Concept applications shall be reviewed by the Zoning Officer, and board professionals in order to determine conformance with the Zoning Ordinance, and potential modifications that would result in a conforming or more closely conforming application.

Required submissions:

Submit to: Zoning Officer.

An individual interested in property development or modifications shall submit an application for a zoning permit. Any development or land use activity, except for those listed above as exempt, requires a zoning permit prior to the issuance of construction permits and certificates of occupancy. If a zoning permit application does not conform to the requirements of the Zoning Ordinance, the Zoning Officer shall notify the applicant of the nonconforming status. The applicant shall have the option to modify the application in order to bring it into conformance. Failure to achieve conformance shall result in a denial of a zoning permit.

Required submissions:

Submit to: Zoning Officer.

Projects that meet the following criteria require an application before the Board of Adjustment:

Projects that meet the following criteria require an application before the Planning Board:

Required submissions.

Submit to: Zoning Officer.

Except as provided in Paragraph b (below), no zoning permit shall be issued unless a site plan is first submitted to and approved by the Planning Board or Board of Adjustment, as may be applicable. Any proposed modification of a previously approved site plan or deviation from the plan during construction shall require approval by the Planning Board or Board of Adjustment.

Site plan exemptions.

Unless an application requiring a site plan meets the parameters in Paragraph b (below), the applicant shall submit a major site plan.

A minor site plan may be submitted if:

No permanent certificate of occupancy shall be issued for any building or structure which is the subject of an approved site plan until the Town Engineer has certified to the Construction Official that the site plan has been complied with in all respects, as more particularly set forth in Subsection 30-803.2. If, in the opinion of the Town Engineer, there has been substantial compliance with the approved site plan, the Town Engineer may certify compliance, provided that the applicant posts a cash bond to guarantee completion of any incomplete improvements in an amount equal to 110% of the estimated cost of the unfinished improvements. The completion of the unfinished requirements shall be accomplished within a time period determined by the Town Engineer.

No certificate of occupancy shall be issued unless the Town Engineer certifies that:

Prior to receipt of any building, plumbing or other construction permits, a zoning permit shall first be obtained from the Zoning Division, after submission and review of the construction plans for compliance with the Board approval.

After securing of a construction permit, construction shall proceed up to and including the foundation only.

Upon completion of the foundation work, the developer shall have prepared, by a licensed land surveyor, an as-built location survey showing the actual location and elevations of the foundation. If the survey indicates a discrepancy in either location or elevations between the approved site plan or variance condition and as-built conditions, the discrepancy shall be prominently indicated on the survey.

The Construction Official and Board Engineer will review the as-built survey with the Zoning Officer. If the discrepancies, if any, shown thereon are determined to be of such a minor nature as not to affect the intent of the conditions or approval, or not to constitute a new violation of any area, bulk or yard requirements, the Construction Official will issue an authorization to continue with the project.

Remediation of errors.

Upon continuation of construction, the Board Engineer or his designee shall make periodic inspections to ensure that all site work is being constructed in accordance with the approved site plan.

In the event that the Board Engineer or the Construction Official finds a deviation from the approved plans, the provisions of Subsections 30-804.1 and 30-804.2 above shall apply.

The applicant for a demolition permit shall state on a form provided by the Zoning Officer:

A land development application approval from the Planning or Zoning Board does not preclude compliance with the demolition approval process contained herein. Demolition permits can be made before, concurrently, or after the land development application process.

Within 10 days of receipt of an application for a demolition permit, the Zoning Officer shall refer such application to the Historic Preservation Commission for review. The Historic Preservation Commission shall have 45 days to determine if the structure proposed for demolition should be deemed "preferably preserved." In order for a structure to be deemed to be "preferably preserved" one or more of the following criteria must be met:

If the Historic Preservation Commission does not deem the structure to "preferably preserved," the Zoning Officer shall issue the requested permit for demolition. If the Historic Preservation Commission determines that the structure is "preferably preserved," the Historic Preservation Commission shall recommend to the Zoning Officer that the permit for demolition be denied.

Once a structure is determined to be "preferably preserved," the owner shall be responsible for properly securing the structure (if vacant) to the satisfaction of the Building Officer, and for taking common preventative measures (e.g., turning water off if the structure will remain unheated) to prevent damage to said structure. Subsequent destruction of the structure at any time during the demolition delay period, which could have been avoided by common preventative or basic security measures, shall be considered a demolition in violation of this chapter.

Effect. Issuance of an approval of a permit shall be deemed to be a final approval pursuant to this chapter. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Town ordinance to be made prior to undertaking the demolition of the approved structure. The denial of a permit for demolition shall be deemed to preclude the applicant from undertaking the activity applied for.

Appeal. The denial of a permit may be appealed to the Zoning Board of Adjustment pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70(a). Appealed applications shall provide the following:

If said denial is appealed to the Zoning Board of Adjustment, and the Zoning Board of Adjustment finds in the applicant's favor, the Zoning Officer shall issue a demolition permit.

Affirmation of denial.

In the demolition of a structure, the person making application for a permit will erect an approved system of barricades, have the electric, gas and telephone services disconnected by the respective utility companies and shall be required to disconnect and seal the water and sewer lines. A permit to demolish a structure shall not be issued until a release is obtained from the utilities stating that their respective service connection and appurtenant equipment, such as meters and regulations, have been removed, sealed or plugged in a safe manner. The Division of Building and Uniform Construction Code Enforcement shall be notified at least four days prior to the proposed demolition; adequate and proper rodent control measures shall be institutes at least three and not more than 10 days prior to commencement of work. In addition thereto, the applicant shall give written notice to the owners of adjoining lots and to the owners of wires or other facilities, the temporary removal of which may be necessitated by the proposed work. All necessary permits shall be obtained from the Department of Public Works. The applicant shall arrange for an inspection to be made by the Construction Official to determine if the above-mentioned measures have been taken in accordance with this section, and if so, a demolition permit will be issued.

The contractor shall obtain appropriate approval for water use on the site from the Department of Public Works for dust control. The contractor shall provide a flagman for traffic control when necessary, and should a street have to be closed, he shall obtain written permission from the Director of Public Works, the Chief of Police and the Fire Chief.

No explosives shall be utilized in the demolition of any building or structure.

The Construction Official may inspect the demolition of any building or structure in the Town of Morristown daily and shall be empowered to halt any such demolition that in the judgment of the Construction Official is not being performed in a safe and sanitary manner or in accordance with the provisions of this section.

When a building or structure has been demolished and no building permit has been obtained for a replacement structure so that the site of the previous building will remain vacant, the site and/or lot shall be filled, graded, seeded and maintained in conformity to the established street grades at curb level.

Once a building or structure has been demolished, a safety fence shall be erected around the site and/or lot until subsequent construction requires other or until the site is restored as discussed above.

The site and/or lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public in accordance with the provisions of the appropriate subcodes. Provisions shall be made to prevent the accumulation of water or damage to any foundation on the premises or on private or public property.

Any person or contractor engaged in the demolition of a building or structure within the Town of Morristown shall file with the Municipal Clerk evidence of the contractor's financial responsibility in the form of a certificate of insurance specifying demolition purposes. The person or contractor must obtain insurance specifically covering the demolition in the following amounts:

In addition thereto the applicant or contractor must obtain a completion of performance bond pursuant to Subsection 30-808.2a(13). The certificate of insurance shall provide that the Town of Morristown and its agents shall be saved harmless from any claim or claims resulting from the demolition caused by the applicant, contractor, their agents, servants or employees.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this chapter shall be deemed to be in violation hereof.

If any person shall undertake demolition of a premises without first having obtained a permit, he or she shall be required to immediately stop the demolition, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the permit for demolition is denied, he or she shall immediately restore the affected premises to its condition prior to any demolition. In the event of a threat of imminent action for which the necessary approvals have not been granted and which action would permanently and adversely change an historic or landmark premises, the Zoning Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.

In addition to the remedies provided above, a person convicted of a violation of this section shall be subject to penalties as follows:

An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not required a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and make-ready parking spaces installed pursuant to § 30-428 in development applications that are subject to site plan approval are considered a permitted accessory use as described in Paragraph a above.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer shall enforce all signage and installation requirements described in this chapter. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Morristown's land use regulations.

An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Administrative Officer, provided that the application meets the following requirements:

An application pursuant to § 30-804 above shall be deemed complete if:

EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Completed land use application form.

Required worksheets. (See Appendix B.[1])

Required submission checklists. (See Appendix B.)

Six paper copies upon application submission of all documents, and 21 paper copies upon completeness determination of application.

All fees and escrow deposits paid. (See Appendix C.[2])

Site inspection authorization. (See Appendix C.)

Owner contribution disclosure form. (See Appendix C.)

Disclosure of corporate ownership. (See Appendix C.)

Tax Collector certification that all property taxes have been paid.

Prior approvals.

Photographic survey of subject site.

List of property owners within 200 feet of subject property, if noticing is required.

List of anticipated interagency and government permits required.

Alcoholic Beverage Control (ABC) Board approvals, if applicable.

Calculation of affordable housing obligation (See § 30-603.), if applicable.

Shade Tree Commission (STC)checklist form. (See Appendix C.)

Description of any waivers requested and basis for granting of waiver.

Digital copy provided via a readily accessible and readable digital storage format.

Executed redevelopment agreement/applicable legal authorizations to proceed with project in redevelopment area, as determined to be necessary by Board Attorney (if within redevelopment plan).

If off-site parking or off-site valet parking is proposed, an executed letter of availability from the Morristown Parking Authority or executed parking agreement.

Major site plans shall be filed with the Zoning Officer at least 14 days prior to the regular monthly meeting of the Planning or Zoning Board, together with all required application forms and the fee required by ordinances.

Size of submissions. Major site plan submissions shall be on paper 24 inches by 36 inches.

Completed Administrative Checklist M-1. (See § 30-810.)

Professional signed and sealed survey.

Major site plan drawings. (See § 30-816.)

Covenants, easements, and deed restrictions.

Environmental impact statement. (See § 30-817.)

Traffic study performed by a licensed engineer. (See § 30-818.)

Sewer connection fee determination application.

Sustainable development/green building form. (See Appendix C.[1])

Complete streets checklist. (See Appendix C.)

Facade design review guideline conformance form in TC District only. (See Appendix C.)

Stormwater management plan.

Tree plot plan. (when trees are removed).

Steep slopes analysis per Article 5B (when steep slopes are disturbed).

Summary of all changes from prior submission and summary of changes, if applicable.

Completed administrative checklist M-1. (See § 30-810.)

Signed and sealed professional survey.

Minor site plan drawings. (See § 30-816.)

Facade design review guideline conformance form in TC District only. (See Appendix C.[1])

Tree plot plan (when trees are removed).

Steep slopes analysis per Article 5B (when steep slopes are disturbed).

Summary of all changes from prior submission and summary of changes, if applicable.

The following drawings are required for one- and two-family variance applications:

The following drawings are required for all non one- and two-family variance applications:

Maps or diagrams showing any geographic basis for appeal or interpretation request.

Application summary describing the decision, or if multiple, an itemized listing and description of all decisions, that the appeal or interpretation request seeks to resolve.

Citations of ordinance, letters of denial, or other written documentation as basis for appeal or interpretation request.

Map of areas impacted by zone change.

Summary of zone changes proposed.

Statement of Master Plan and policy basis to support zone change.

Title or name of the developer.

Name and address of the applicant and the record owner of all lots comprising any part of the plan.

Name, address, profession, New Jersey license number, signature and seal of the preparer of the site plan.

The date of preparation of the plan and all revision dates.

Indication of scale.

North arrow.

All distances shall be in feet and decimals of a foot, and all bearings shall be given in degrees, minutes, and seconds to a precision matching existing boundary information. The error of closure shall not exceed one to 10,000.

The environmental impact statement shall consider, as a minimum, the following factors in addition to those required by the other parts of this chapter:

The Planning Board shall adopt reasonable rules and regulations establishing a procedure whereby an applicant may apply to it for a waiver or relaxation of the environmental impact statement requirements. Such rules and regulations shall comply with the following standards:

Will not result in appreciable harm to the natural environment.

Has been designed with a view toward the protection of natural resources.

Will not place such an excessive demand upon the total resources available for such proposal and for any future proposals as to be incompatible with the general health, safety and welfare.

Parking study showing existing parking utilization on the subject property, on any properties proposed to provide off-site parking, and on-street within 400 feet of the subject property during the following times:

The Board may waive any or all submission requirements, provided that it has adequate information at its disposal to ensure that the applicant has met all requirements for approval. Nothing contained herein shall be construed as relieving the applicant from compliance with the requirements of § 30-810.

Standards for specific waivers.

Each applicant shall pay an initial deposit at the time of filing an application which shall be deposited in a common escrow fund maintained for all such deposits. The Town Administrative Officer shall maintain a separate account statement for each applicant. The amount of the deposit shall be based upon the nature of the application and shall be as set forth in Subsection 30-821.5.

All bills incurred by the Town for professional services, including, but not limited to, site inspections, review of application materials, preparation of reports, attendance at meetings, review of as-built plans and conditions related to such plans, performed in connection with the processing of an application shall be charged against the applicant's escrow account established pursuant to this section. The Town shall require all professionals to submit itemized bills specifically identifying all services performed for each application. All charges for professional services shall not exceed the usual and customary fees charged by such professionals for like services.

In the event that an applicant's escrow fund shall be depleted prior to the completion of the processing of the application, the Administrative Officer of the Town shall immediately notify the applicant, in writing, that there is or will imminently be a deficiency in the applicant's escrow account. The Town Administrative Officer shall also make a good faith estimate as to the cost the Town is likely to incur in additional professional services to complete the processing of the application. The applicant shall forthwith deposit the amount of the additional escrow estimated by the Administrative Officer.

Any deposit remaining in the applicant's escrow account upon completion of the application procedure shall be returned forthwith to the applicant.

Both the filing fee and the escrow deposit required by this section shall constitute elements of a completed application as that term is defined in the Municipal Land Use Law. No approving authority shall process any application, nor shall the time limits referred to in the Municipal Land Use Law begin to run, until all of the fees required by this section shall have been received by the appropriate Town official.

The site plan shall demonstrate a consistency of layout, meeting all applicable zoning requirements.

The proposed streets, roadways or private roads, walkways, curbs, gutters, streetlights and fire hydrants shall be of the same width and constructed in the same manner as required for major subdivisions, and shall be of suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment and coordinated so as to compose a convenient system consistent with the Official Map (if existing) and the Master Plan.

The site plan shall make adequate provision for water supply, drainage, shade trees, sewerage facilities and other utilities.

An applicant for a site plan may apply for preliminary approval, or alternatively, for both preliminary and final approval in one proceeding. Unless the application otherwise states, it shall be presumed that the applicant desires both preliminary and final approval. In the event of application for preliminary approval only, the applicant shall submit a tentative site plan and engineering data and preliminary architectural rendering and elevations.

The Planning Board shall hold a preliminary hearing on each site plan application. In the event that substantial amendments to the layout or improvements are required, the applicant shall be required to submit an amended site plan in the same manner and subject to the same time periods as an original application.

The detailed plans, drawings and estimates, including the environmental impact statement, comply with all of the requirements and standards set forth in this chapter.

All conditions of preliminary approval have been met or sufficiently provided for by performance guaranty or by the imposition of a condition upon final approval.

The applicant has paid all fees and all real estate taxes and assessments due on the property in question.

Adequate provision has been made for the handling of all required off-tract improvements.

The applicant has filed for and received official soil erosion and sediment control plan approval and County Planning Board approval, where required, except that the Planning Board shall have the power to grant approval conditioned on the receipt of the aforesaid approvals prior to issuance of any building or construction permit.

The required exception is reasonable and complies with the general purposes and intent of this chapter.

The literal enforcement of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

Any permit or approval required by this chapter, including building permits, shall expire one year from the date of issuance unless:

The Planning Board may, on timely application and upon a showing that all of the conditions existing at the time of issuance of the permit remain unchanged, extend the period for one additional year.

Fees established.

Escrows.

This chapter shall be enforced by the appropriate officials in the Division of Land Use Administration within the Department of Code Enforcement. It shall be the duty of the Division of Land Use Administration within the Department of Code Enforcement to:

The Housing Inspectors and the Zoning Officer are hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Town of Morristown in order that he or she may perform his or her duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Housing Inspectors and the Zoning Officer are hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. If the owner or occupant denies the Housing Inspectors and/or Zoning Officer access or entry to any dwelling, dwelling unit, rooming unit or premises located within the Town of Morristown, the Housing Inspectors and/or Zoning Officer or his or her authorized representatives shall obtain a proper warrant or other remedy provided by law to secure entry. Upon the issuing of a proper warrant, the owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times, subject to due process and the laws of the State of New Jersey, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

Every person, firm, or corporation violating any of the provisions of this Chapter 30 for which another penalty is not prescribed shall be liable, and punishable, upon conviction thereof, by a fine of not less than $1,500 or by imprisonment for a term not exceeding 90 days, or both, for each violation committed hereunder, provided that the owner of the subject property shall be afforded a thirty-day period to cure or abate such condition(s) and shall also be afforded an opportunity for a hearing before the Municipal Court for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day cure period, a fine of not less than $1,500, may be imposed if the Municipal Court has not determined otherwise, or, upon reinspection of the subject property, it is determined that the abatement of the condition has not been substantially completed. Every day that a violation continues after service of written notice by ordinary mail on the owner of the subject property as shown in the latest tax duplicate and the posting of a copy of said notice on the subject property shall be deemed a separate offense.

Notwithstanding the provisions contained in this section hereinabove, every person, firm or business entity violating the provisions of § 30-835, Nonconforming Uses and Structures, of this Chapter 30, regarding the alteration or expansion of a nonconforming use or structure, shall be punishable by a minimum fine of not less than $500 per offense. Every day that each such violation(s) continues after service of written notice by ordinary mail on the owner of the subject property as shown in the latest tax duplicate and the posting of a copy of said notice on the subject property shall be deemed a separate offense and subject to the minimum fine of not less than $500 for each day the said violation(s) continues.

Notwithstanding the provisions contained in this Part 8, hereinabove, every person, firm or business entity violating the provisions of Parts 2, 3, 4, 5, 6, and 7 and Subsection 30-803.2 of this chapter shall be subject to the following fines:

The Planning Board may recommend to the governing body that the improvements be installed and assessed by the Town as local improvements, to be paid for by all properties benefiting from the improvements.

The Planning Board may appoint a committee to determine the properties benefited by the proposed improvement and a fair method of sharing the costs thereof. The committee shall attempt to obtain signed written agreements as to the sharing of such costs. No such agreement shall be binding unless accepted and signed by all benefiting property owners, but in the event of failure to reach agreement, the applicant shall have the option of requesting the Planning Board to set the applicant's percentage of the total cost of the improvements and depositing with the Town Treasurer a sum equal to the applicant's percentage of the total cost of improvements as estimated by the Town Engineer, which money shall be held in escrow until such time as contracts for the improvements are let or a decision is made not to proceed with the improvements, or the expiration of one year from the date of issuance of a certificate of occupancy to the applicant, in which latter two events the moneys shall be refunded to the applicant.

In the event that all of the above methods fail, the Planning Board may determine the cost of such off-tract improvements and the applicant's fair share thereof, in which event the applicant shall have the remedy of paying his share under protest pursuant to N.J.S.A. 40:55D-42.

That final approval be granted in sections or stages.

That improvements be installed in a specified order.

That all or some building permits be withheld pending completion of all or certain in-ground improvements or the posting of adequate performance guaranties.

That the applicant perform all necessary measures, necessary or reasonable to protect the environment, required by the duration of the construction process.

Installation guaranty. For any site plan involving the installation of improvements which will become public property or will be maintained or serviced by the Town of Morristown or any public agency, or which will not be completed within one year of final site plan approval, the Planning Board shall require the applicant to post a performance guaranty consisting of an amount equal to 120% of the cost of installing streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, soil erosion and sediment control devices, public improvements of open space, landscaping and other on-site improvements. Such guaranty shall consist of cash of not less than 1% nor more than 10% of the total, and a surety bond in favor of the Town of Morristown for the balance of the estimation, issued by a reputable surety company and in a form acceptable to the Town Attorney.

Maintenance guaranty. Upon completion of the installation of all required improvements but prior to issuance of a certificate of occupancy for any development, the Town Engineer shall certify the cost of all such improvements to be dedicated or conveyed to or maintained or operated by the Town of Morristown. Prior to the issuance of the certificate of occupancy, the developer shall post a maintenance guaranty in the amount of 15% of the Engineer's certified cost of such improvements, to guarantee maintenance thereof for a period of two years from the date of the certificate of occupancy. Said guaranty shall consist of cash of not less than 10% of the total guaranty and a surety bond in favor of the Town of Morristown issued by a reputable surety company and in a form acceptable to the Town Attorney.

Failure to complete guaranteed improvements. If the required improvements are not completed or corrected in accordance with the terms and the time limits of site plan approval and the performance guaranty, the obligor and surety shall be liable thereon to the Town of Morristown for the reasonable cost of completion or correction of the improvements and all reasonable legal, engineering, architectural or other expenses incurred in connection therewith, and the Town of Morristown may employ any cash guaranty moneys for that purpose or proceed to do the necessary work or contract therefor either before or after receipt of the proceeds of the performance guaranty, and any failure by a developer to complete or correct improvements and each day of continuation of such failure shall be a separate violation of this chapter, subject to the penalty provisions thereof.

Class I: the Mayor.

Class II: one of the officials of the municipality, other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:55D-23, shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

Class III: a member of the governing body, to be appointed by the same.

Class IV: Six other citizens of the municipality, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board, as required by N.J.S.A. 40:55D-23, shall be a Class IV Planning Board member unless there is among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

Alternate members. Alternate members shall be appointed by the Mayor and shall meet the qualifications of Class IV members. The Mayor shall, at the time of appointment, designate one alternate "Alternate No. 1" and the other "Alternate No. 2." Alternate members shall have their terms prescribed by N.J.S.A. 40:55D-23. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year, or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years, or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.

The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body, or at the completion of his Class IV term, whichever occurs first. All Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV, and select a Secretary, who may or may not be a member of the Planning Board or a municipal employee designated by it.

The Chairperson of the Planning Board shall appoint a Site Plan and Subdivision Committee, consisting of four members of the Board, which Committee shall have the power to approve minor subdivisions and minor site plans. Minor site plan or subdivision approvals shall be deemed final approval by the Board. Minor site plan and minor subdivision approval or denial shall take place within 45 days of the date of submission of a complete application to the Administrative Officer, or within any extensions of the time period consented to by the applicant.

To make and adopt and from time to time amend a Master Plan for the physical development of the Town, including any areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the Town, in accordance with the provisions of N.J.S.A. 40:55D-28.

To administer the provisions of the Land Subdivision Regulations and Site Plan Review Regulations of the Town, in accordance with the provisions of this chapter and the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-1 et seq.

To participate in the preparation and review of programs or plans required by state or federal law or regulations.

o assemble data on a continuing basis as part of a continuous planning process.

To annually prepare a program of municipal capital improvement projects projected over a term of six years, and amendments thereto, and recommend same to the governing body.

To consider and make report to the governing body within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26(a), and also to pass upon other materials specifically referred to the Planning Board by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26(b).

Variance or direction for issuance of permit.

When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70:

Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.

All members including alternate members of the Planning Board are required to complete the basic course in land use law and planning (hereinafter referred to as the "mandatory training course") offered by the New Jersey Department of Community Affairs or such other course providers as may be approved by the Commissioner of the New Jersey Department of Community Affairs in accordance with the provisions of N.J.S.A. 40:55D-23.3 and 40:55D-23.4 and N.J.A.C. 5:872.1 et seq.

All members, including alternate members, of the Planning Board, unless exempt in accordance with Paragraph d below, shall complete the mandatory training course within 18 months of assuming Planning Board membership.

Planning Board members who fail to satisfy the mandatory training course requirement within 18 months of assuming Planning Board membership shall be deemed ineligible to continue serving as a Planning Board member. Any Planning Board member deemed ineligible for failure to complete the mandatory training course in a timely manner shall be removed as a member of the Planning Board by the Town Council at its first regular public meeting following the expiration of the applicable time period for that member to complete the mandatory training course. Any Planning Board member removed under this subsection shall not be eligible for subsequent appointment to either the Planning Board or the Zoning Board of Adjustment without first successfully completing the mandatory training course.

The following Planning Board members are exempt from the foregoing education requirements pursuant to N.J.S.A. 40:55D-23.4:

A hearing or proceeding held, or decision or recommendation made by the Planning Board shall not be invalidated if a Planning Board member has participated in the hearing or proceeding or in the decisionmaking and recommendation and that Planning Board member is subsequently found not to have completed the mandatory training course.

Minor subdivisions. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer, or within such further time as may be consented to by the applicant. The Planning Board shall make the determination of completeness. Once the application is complete, the Planning Board shall have 45 days to act. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plan in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed must be signed by the Chairperson and Secretary of the Planning Board before it will be accepted for filing by the County Recording Officer.

Preliminary approval of major subdivision. Upon submission of a complete application, as determined by the Planning Board, for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission, or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval for the subdivision.

Ancillary powers. Whenever the Planning Board is called upon to exercise its ancillary powers before the granting of a variance as set forth in Subsection 30-822.7, the Planning Board shall grant or deny approval of the application within 120 days after submission by the developer of a complete application, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant.

Time for final subdivision approval. Application for final subdivision approval shall be granted or denied within 45 days of submission of a complete application, or within such further time as may be consented to by the applicant. The Planning Board shall determine the completeness of the application within a forty-five-day period of filing with the Administrative Officer. Failure of the Planning Board to act shall constitute approval. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat, unless within such period the plan shall have been duly filed by the developer with the County Recording Officer. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.

All members, including alternate members, of the Zoning Board of Adjustment (Zoning Board) are required to complete the basic course in land use law and planning (hereinafter referred to as the "mandatory training course") offered by the New Jersey Department of Community Affairs or such other course providers as may be approved by the Commissioner of the New Jersey Department of Community Affairs in accordance with the provisions of N.J.S.A. 40:55D-23.3 and N.J.S.A. 40:55D-23.4, and N.J.A.C. 5:87-2.1 et seq.

All members, including alternate members, of the Zoning Board, unless exempt in accordance with Paragraph d below, shall complete the mandatory training course within 18 months of assuming Zoning Board membership.

Any Zoning Board member who fails to satisfy the mandatory training course requirement within 18 months of assuming Zoning Board membership shall be deemed ineligible to continue serving as a Zoning Board member. Any Zoning Board member deemed ineligible for failure to complete the mandatory training course in a timely manner shall be removed as a member of the Zoning Board by the Town Council at its first regular public meeting following the expiration of the applicable time period for that member to complete the mandatory training course. Any Zoning Board member removed under this subsection shall not be eligible for subsequent appointment to either the Planning Board or the Zoning Board of Adjustment without first successfully completing the mandatory training course.

The following Zoning Board members are exempt from the foregoing education requirements pursuant to N.J.S.A. 40:55D-23.4:

A hearing or proceeding held or decision or recommendation made by the Zoning Board shall not be invalidated if a Zoning Board member has participated in the hearing or proceeding or in the decisionmaking and recommendation and that Zoning Board member is subsequently found not to have completed the mandatory training course.

Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of the zoning regulations or Official Map. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal is taken, together with 13 copies of the notice with the Administrative Officer. The notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to the Zoning Officer shall be filed with the Administrative Officer. Fourteen copies of the application shall be filed. At the time of filing the appeal or application but in no event less than 14 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rules of the Board of Adjustment.

An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may only be granted by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

Hear and decide cases where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning regulations.

Hear and decide requests for interpretation of the Zoning Map or regulations or for decision upon other special questions upon which such Board is authorized by this chapter to pass.

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such property, the strict application of any regulation in the zoning regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property, grant a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a principal structure or use in a district restricted against such structure or use; and further provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to N.J.S.A. 40:55D-60.

Grant a variance to allow a structure or use in a district restricted against such structure or use, in particular cases and for special reasons, but only by affirmative vote of at least 2/3 of the full authorized membership of the Board.

No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning regulations. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

The Zoning Board of Adjustment shall, in addition to the powers specified in this section, have power given by law to:

The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-76b et seq. or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance.

The Board of Adjustment shall render its decision not later than 120 days after the date:

Failure of the Board to render a decision within such 120-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

Special meetings may be provided for at the call of the Chairperson or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

No action shall be taken at any meeting without a quorum being present.

All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of the Municipal Land Use Law.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, Laws of New Jersey 1975.[1] An executive session for the purpose of discussion and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.

Application forms. All applicants shall obtain application forms from the Administrative Officer of the municipal agency to which the application is to be submitted. The Administrative Officer shall inform the applicant of the steps to be taken to initiate the application and of the meeting dates of the municipal agency.

Checklists to accompany applications for development. The following checklists are hereby made part of this section and may be found at the end of this chapter:[1]

Completeness of application. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. Certification as to the completeness of an application shall be in the form of a written notice mailed to the applicant at the address set forth in the application. If no certification as to the completeness and no notice of incompleteness is mailed to the applicant within 45 days of the submission of an application, then for purposes of the commencement of the time period for action by the municipal agency of the application shall be deemed complete as of the expiration of such forty-five-day period. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days of the submission of the request.

Correction and supplementation of application. The fact that an application has been certified to be complete or is deemed complete by reason of a lack of notice of deficiencies does not diminish the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipality may at any time require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary for approval of the application. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.

Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., or of this chapter.

Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67A-1 et seq.) shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party, at his expense.

Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.

Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing, whether located within or without the municipality in which applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on the said current Tax Map duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given to the owners of land in such adjoining municipalities which are located within 200 feet of a subject premises.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to the Municipal Land Use Law.

All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

Form of notice. All notices required to be given pursuant to the terms of this section shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development, by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available as required by law.

Notice of hearing concerning the Master Plan, a capital improvement program or the Official Map shall be made in accordance with N.J.S.A. 40:55D-13, 40:55D-14 and 40:55D-15.

Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon.

A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the Board office, which shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those fees established for copies of other public documents in the municipality.

Publication of decisions. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Administrative Officer of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

The membership of the Commission shall consist of seven members who shall be appointed by the Mayor as follows:

Terms of appointment. The members of the Commission shall be appointed for a term of four years, except as follows:

Vacancies. A vacancy occurring otherwise than by the expiration of a term shall be filled for the unexpired term only.

The Town Council shall make provision in its budget and appropriate funds for the expenses of the Commission.

The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. General administrative assistance shall be provided by the staff of the Department of Engineering, Planning and Development. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Town Council. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Town Council for the Commission's use.

Prepare a survey of historic sites of Morristown pursuant to criteria identified in the survey report;

Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on implications for preservation of historic sites of any other Master Plan elements;

Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;

If requested by the Planning Board or Board of Adjustment for specific applications, advise the Board on applications for development pursuant to N.J.S.A. 40:55D-110;

Provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation; and

Carry out such other advisory educational and informational functions as will promote historic preservation in the municipality.

Four members who are business or property owners within the Special Improvement District (SID). The Board of Trustees of the Morristown Partnership shall give the Mayor nonbinding recommendations for such appointments.

One member from the Planning Board.

One member who is a zoning official, from the Division of Land Use Administration.

The Town Planner.

Two at-large members with building, architectural or design qualifications or experience.

The Design Review Committee shall recommend initial façade design guidelines for consideration and approval by the Planning Board, and adoption by the governing body. After adoption of the guidelines, the Design Review Committee shall periodically review and report to the Planning Board, identifying any recommended amendments to the guidelines.

The Design Review Committee shall function as an advisory board to the Planning Board and Board of Adjustment, providing nonbinding reviews and recommendations to those Boards for all applications to within the SID for the following:

The Design Review Committee may approve applications described in Subsection 30-826.3b1 above, referred to it by the Zoning Officer, that conform to the Special Improvement District Facade Guidelines.

All applications described in Subsection 30-826.3b1 that are not part of a major site plan or variance application, shall be submitted to the Zoning Office for review and consideration. The Zoning Officer may approve complete applications where modifications to existing facades conform to the Facade Design Guidelines. The Zoning Officer shall make a determination not more than seven days after submission of a complete application. Any application that the Zoning Officer has not approved shall be referred to the Design Review Committee.

The Design Review Committee shall review applications referred by the Zoning Officer and may approve applications that conform to the Facade Design Guidelines. The review and approval process shall not exceed 30 days, unless the applicant consents to an extension of time. In the event that the Committee determines that the application does not conform to the Guidelines, it may meet with the applicant to discuss possible amendments to the application that would conform to the Guidelines. In the event that the Committee does not approve the application, it will be referred to the Planning Board Site Plan Committee, for further review.

Review before the Planning Board Site Plan Committee shall take place in accordance with the provisions of this section.

Properties shall be fully contained within a zone district. In the case of a split zoned property, or in the case of uncertainty as to the true location of any district boundary line, the Board of Adjustment shall have jurisdiction for interpretation pursuant to N.J.S.A. 40:55D-70(b). District boundary lines shown on streets, roads, alleys or railroad or utility rights-of-way are located on center lines.

Boundaries indicated as following boundaries of public or private property lines, rights-of-way, or easements shall be construed as following such boundaries.

This Zoning Code replaces the Zoning Regulations of the Town of Morristown, 1979. The regulations contained within this Zoning Code apply to all properties within the Town of Morristown.

No lot, building, structure or use, except to the extent that it exists as a valid, preexisting nonconforming use or structure as of the date of adoption of this chapter, shall be developed, erected, built, used or occupied unless the same complies with all of the requirements of this Zoning Code.

Except as specifically otherwise provided in this chapter, no lots or parcels of land shall be used, and no building or structure shall be erected, altered, moved, added to, enlarged or occupied, for any purpose or in any manner:

In interpreting the provisions of this Chapter 30, except as otherwise expressly provided:

The provisions of this Zoning Code shall define the minimum and maximum limitations, as the case may be, adopted for the promotion of the public health, safety and general welfare.

The following general rules of construction shall apply to the text of this Zoning Code.

This section shall apply to all structures, buildings and uses lawfully in existence before the adoption of the first Morristown Zoning Ordinance or lawfully established, including by variance, prior to the adoption of any revision, amended ordinance or subsequent Zoning Ordinance or this chapter, which do not conform to all other requirements of this chapter, and to all such buildings, structures or uses which become nonconforming by reason of any subsequent amendment to this chapter or by the granting of any variance or exception from the terms thereof. Any such nonconforming use or structure may be continued upon such lot or in such structure, provided that no nonconforming use or structure shall be:

In the case a structure other than the principal residence, completely replaced, except as specifically authorized herein. With respect to an existing retaining wall located in required front, side or rear yards the location of which is nonconforming by reason of subsequent amendment of the Zoning Ordinance, the wall may be replaced, without the need for a variance, upon the following conditions: