Salem City Zoning Code
ARTICLE XVI
General Regulations
§ 130-77 Nonconforming building or uses.
A.
Continuation. Any lawful building or structure and any lawful use of a building or land existing or authorized by a building permit which is valid at the effective date of this Part 3, or any amendment thereto, may be continued although such use does not conform to the provisions of this Part 3, or any amendment thereto.
B.
Extension. A nonconforming use of a building or land may be extended only as a variance by the Board of Adjustment. It is the policy of the City that any such extension or enlargement shall be immediately adjacent to the existing nonconforming use and shall conform to the area and height regulations of the district in which it is situated.
C.
Changes. A nonconforming use of a building or land may be changed to a nonconforming use of the same or more restricted classification. Whenever a nonconforming use of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification.
D.
Restoration. A nonconforming building, wholly or partially destroyed by fire, explosion, food or other phenomenon or legally condemned, may be reconstructed, repaired and used for the same nonconforming use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption.
§ 130-78 Building height regulations.
In residence districts, no building shall exceed 35 feet in height, provided that such height limits may be exceeded by one foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements, up to a maximum of 50 feet. In Commercial and in M-1 Manufacturing Districts, no building shall exceed 180 feet in height.
§ 130-79 Reduction of lot.
No lot area shall be so reduced that the area of the lot or the dimensions of the open spaces shall be smaller than herein prescribed.
§ 130-80 Yard exception for private garage; accessory building.
A private garage or other accessory building which is not an integral structural part of a main building may be located in the required side and/or rear yard but not less than five feet from any property line on lots which are more than 50 feet in width and not less than two feet from property line on lots which are 50 feet or less in width, provided that such building is situated not less than 10 feet farther back from the street line than the rearmost portion of the main building. Nothing in this section shall be construed to prohibit the erection of a common or joint garage which is not an integral structural part of a main building on adjoining lots.
§ 130-81 Obstruction of vision of street intersections.
No hedge, tree, evergreen, shrub, bush, fence or other planting or structure shall be located on any corner lot in such manner as to cause danger to traffic on a public street, road or avenue by obstructing the vision of persons operating vehicles on said public ways; and all hedges, trees, evergreens, shrubs, bushes, fences or other plantings or structures which, on the effective date of this Part 3, are so located on corner lots as to cause said danger to traffic or which otherwise fail to comply with the site triangle requirements of Part 5, Subdivision of Land, shall be cut, trimmed, removed or altered, within five days after notice from the Zoning Administrative Officer, in such manner and to such extent that said danger to traffic shall be eliminated.
§ 130-82 Prohibited uses.
[Amended 8-16-2021 by Ord. No. 21-07; 4-17-2023 by Ord. No. 23-06; 7-15-2024 by Ord. No. 24-18]
A.
No building may be erected, altered or used and no lot or premises may be used for any use which is hazardous, noxious or injurious to the public health or safety by reason of odor, dust, vibration, illumination or noise or which constitutes a public hazard whether by fire, explosion or otherwise. In order to determine whether a use for which application is made is hazardous, noxious or is injurious to the public health or safety, the Board of Adjustment shall be guided by applicable regulations of the State of New Jersey and may consult such official agencies or private experts as it deems necessary.
B.
No lot may be used for a trailer camp.
C.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P. L. 2021, c. 16, are prohibited, but not the delivery of cannabis items and related supplies by a delivery service or as those uses permitted in § 130-154 as related to medical cannabis. Effective upon the adoption of this section, no more than two cannabis retailer businesses and two cannabis delivery businesses as defined in § 130-5 shall be permitted to operate in the City of Salem.
§ 130-83 Parking space.
A.
Provisions for parking spaces shall be as provided in Schedule G.[1]
[1]
Editor's Note: Schedule G is included at the end of this chapter.
B.
Off-street parking space shall be as provided in Schedule G, which space shall be not less than the amount indicated; shall have proper access from a street or alley and shall be located on or near the lot on which such use is situated, provided that the Zoning Board of Adjustment may modify these requirements as a special exception in any case in which the unreasonableness of these regulations is clearly demonstrated.
C.
In addition to the minimum area per parking space required, adequate driveways, aisles and maneuvering spaces shall be provided. Parking areas shall be graded for convenient access and shall be paved with a bituminous concrete surface as determined suitable by the City Engineer.
D.
Off-street parking facilities existing at the effective date of this Part 3 shall not subsequently be reduced to an amount less than that required under this Part 3 for a similar new building or new use. Off-street parking facilities provided to comply with the provisions of this Part 3 shall not subsequently be reduced below the requirements of this Part 3.
§ 130-84 Loading and unloading space.
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered.
§ 130-85 Front yard exception.
The front yard of a proposed building may be decreased in depth to the average alignment of existing buildings within 100 feet on each side of the proposed building and within the same block, if such alignment of existing buildings is less than the front yard requirement for the district.
§ 130-86 Standards for review of conditional use, variance or change.
In any instance where the Planning Board or the Board of Adjustment is required by this Part 3 to consider a request for a use on a conditional use or variance basis or when a change in Part 3, Zoning, or the Zoning Map is under consideration, the Planning Board, Board of Adjustment or Council shall:
A.
Give full consideration to the size, scope, extent and character of the use desired and assure itself that such request is consistent with the plan for future land use in the City of Salem and with the spirit, purpose and intent of Part 3, Zoning.
B.
Consider the suitability of the property for the use desired.
C.
Take into consideration the character and type of development in the area surrounding the location for which the request is made and determine that the proposed use will be appropriate in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
D.
Determine that the proposed use will promote the harmonious and orderly development of the district in which it is located and that it will serve the best interests of the city, the convenience of the community (where applicable) and the public health, safety, morals and general welfare.
E.
Consider the suitability of the proposed location of a use with respect to traffic and highways in the area and ensure that adequate access and off-street parking arrangements are provided in order to protect major streets from undue congestion and hazard.
F.
Make certain that the proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police and fire protection and public schools.
H.
Impose such conditions, in addition to those required as are necessary to ensure that the general purpose and intent of the Master Plan and Part 3, Zoning, are complied with and that the use of the property adjacent to the area of the proposed use is adequately safeguarded, which conditions may relate to, but are not limited to, harmonious design of buildings, appearances, plantings and its maintenance as a sight or sound screen, landscaping, hours of operations, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control and minimizing of noxious, offensive or hazardous elements.
§ 130-87 Cluster development.
In order to encourage and allow flexibility in the design and development of land, to facilitate the provision of streets and utilities, to conserve and protect stream valleys and floodplains and to make provision for the common open space, the lot area and use requirements of the R-1 and R-2 Residence Districts may be modified in the case of a plan which complies with the general requirements for subdivision/site plan review and following additional requirements.
A.
An area of not less than four acres shall be provided for the cluster development.
B.
The following uses shall be permitted: single-family detached, single-family semidetached or single-family detached dwellings or townhouses. No more than eight attached dwellings shall be constructed in any one group.
C.
Minimum lot width at the building line and front, side and rear yards shall be as follows:
Lot Area (feet) | |||||
|---|---|---|---|---|---|
Type of Unit | Lot Width | Front Yard | Side Yard | Rear Yard | |
Single-family, detached | 50 | 25 | 2, 8 each | 20 | |
Single-family, semidetached | 30 | 25 | 1, 8 each | 20 | |
Single-family, attached or townhouse | 20 | 25 | 10 at each end of group | 20 | |
D.
In no case shall the number of dwellings or dwelling lots permitted on a tract of land exceed the number which would have been permitted were the district regulations not modified.
E.
A minimum of 10% of the gross area of the tract shall be designated as open space and shall be reserved for the common use by residents of the proposed development or by residents of the city. Such open space shall be appropriate and in suitable condition for such uses as active recreation and park sites and for the preservation of scenic or historic features so as to contribute to neighborhood attractiveness and further the objectives of this section and the Salem City Plan.
§ 130-88 Elevation of construction.
No building shall hereafter be constructed, reconstructed or moved within the limits of the City of Salem in which the elevation of the first floor or lower floor, other than basement, is less than five feet above mean sea level as referred to in the United States Coastal and Geodetic Survey, except that in areas of special flood hazards as defined in this chapter, the specific standards of floor elevation set forth in § 130-109F shall apply.