South Amboy City Zoning Code
ARTICLE XVIII
Zoning Policy
§ 53-80 Schedule of zones.
[Adopted by Ord. No. 18-1993; amended by Ord. No. 12-1995]
The City is divided into the following zones:
Zone | Description |
|---|---|
RA | Single-Family Residential |
RB | One and Two-Family Residential |
RC | Townhouse Residential |
RM | Medium-Density Residential |
RM-G | Garden Apartments |
RM-T | Townhouses |
RM-H | Multilevel Dwellings |
B-1 | General Business |
B-2 | Highway Commercial |
M-1 | Light Industrial |
M-2 | Heavy Industrial |
Overlay Zone | Riparian Zone [Added 6-3-2009 by Ord. No. 11-2009] |
SDD | Special Design District in B-1 District |
§ 53-81 Zoning Map. [1]
[Amended 11-8-1978 by Ord. No. 1016; 4-5-1983 by Ord. No. 1093; 2-7-2001 by Ord. No. 2-2001]
Editor's Note: See § 53-130 for Redevelopment Plans.
A.
The City of South Amboy is hereby divided into zones or districts as shown on the Tax Map entitled "Zoning Map of the City of South Amboy dated 1977," as amended and as revised August, 1978, December 7, 1982, July 14, 1995, August 1, 2000 and December 11, 2000, which is hereby adopted by reference and declared to be part of this chapter.
[1]
Editor's Note: Zoning Map on file at the City Offices. Additional revisions are indicated on the Zoning Map.
§ 53-82 Determination of district boundaries.
Where uncertainly exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed as following such center lines unless such zone boundary lines are fixed by dimensions shown on the Official Zoning Map.
B.
Boundaries indicated as approximately following platted lot lines and where they do not scale more than 10 feet distance therefrom shall be construed as following such lot lines, unless specifically shown otherwise.
C.
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
D.
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
E.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
F.
Boundaries indicated as following shorelines shall be construed as following such shore lines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed as following such center lines.
G.
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through F above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian right areas are adjoined.
H.
Where a zoning lot is located in part in one zoning district and in part in another zoning district, the entire zoning lot or portion thereof located in the neighboring zone may be used for a purpose permitted in either zone upon application for a conditional use permit and upon determining by the Planning Board that the following standards and conditions are met:
(1)
The use contemplated can best be established by utilizing the portion of the zoning lot in the neighboring zone district without materially affecting the adjoining areas.
(2)
The site plan shall be appropriate to the adjoining area.
(3)
A set of plans, specifications and plot plans shall be filed in triplicate with the Planning Board, showing overall dimension, topographical conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to the streets and adjacent property and other physical features which might act as a deterrent to the general welfare.
§ 53-83 Conformity with regulations. [1]
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided:
A.
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
B.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner contrary to the provisions of the chapter.
C.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E.
Only those uses specifically identified as a permitted principal use, permitted accessory use, conditional use, permitted sign or other permitted use shall be permitted. All other uses are prohibited.
F.
All territory which may hereafter be annexed to the municipality shall be considered to be zoned in the same manner as the contiguous territory inside previous municipal limits until otherwise classified.
§ 53-84 Administration and enforcement.
A.
Zoning Officer.
(1)
A Zoning Officer shall administer and enforce this section of this chapter. He may be provided with the assistance of such other persons as the governing body may direct.[1]
(2)
If the Zoning Officer shall find that any of the provisions of this chapter are being violated, by inspection or examination by the Administrative Official or his duly authorized assistants of any building, plans or premises, and he shall have the right to enter any building or premises during daylight hours in the course of his duty; he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it; he shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. The stated violation shall then be corrected by action of the violating party, and a second inspection and approval shall be accomplished within 30 days.
B.
Certificates of zoning compliance.
(1)
For any development application, it shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance shall have been issued therefor by the Administrative Official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards.
(2)
No permit for erection, alteration, extension, enlargement, movement or repair of any building shall be issued until a certificate of zoning compliance has been duly issued in accordance with the provisions of this chapter. The certificate of zoning compliance shall be issued by the Administrative Official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards. No certificate of zoning compliance shall be issued by the Administrative Official unless the application for the said certificate is in conformity with all the provisions of this chapter or has been duly exempted by variance.
(3)
Failure to obtain a certificate of zoning compliance shall be a violation of this chapter.
C.
Expiration of building permit.
(1)
If the work described in any building permit has not commenced within 90 days from the date of issuance thereof, said permit shall expire and be canceled by the Administrative Official and written notice thereof shall be given to the persons affected.
(2)
If the work described in any building permit has not been substantially completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Administrative Official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.
D.
Construction and use to be as provided in applications, plans, permits and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. If any such permit has been authorized and not lifted from the office of the Administrative Official and executed by the applicant within a period of six months from the date of authorization, then such authorization shall be null and void and no permit shall be issued thereunder.
E.
Exempted uses. The following uses shall be permitted to be located anywhere in the municipality and shall be exempt from the provisions of this chapter except as specifically stated in this Article:
(1)
Outdoor telephone booths owned and operated by the New Jersey Bell Telephone Company. Erection of said booths shall be subject to the approval of the Administrative Official and the Municipal Engineer as to sites and construction so that the same shall not constitute traffic and/or safety hazards. Such telephone booths shall be kept in a good state of repair and appearance. The erection and maintenance of said booths shall be subject to such regulations as may be prescribed from time to time by the Administrative Official and Municipal Engineer in the interest of health, safety and general welfare of the public.
(2)
Normal and customary public utility and service and distribution lines.
(3)
All municipal uses and utilities.
(4)
Outdoor shelters for school bus children or bus patrons. Erection of such shelters shall be subject to the approval of the Administrative Official and the Municipal Engineer as to sites and construction so that the same shall not constitute traffic and/or safety hazards. Such shelters shall be kept in a good state of repair and appearance. The erection and maintenance of such shelters shall be subject to such regulations as may be prescribed from time to time by the Administrative Official and Municipal Engineer in the interest of health, safety and general welfare of the public. Such shelters may not carry any advertising or other commercial display.
§ 53-85 Minimum requirements.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern.
§ 53-86 Complaints of violations.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Administrative Official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.