Union Township City Zoning Code
§ 30-5.3
Temporary Accessory Uses.
[Ord. No. 85-9, § 502; Ord. No. 2001-8, § 10; amended 3-20-2024 by Ord. No. 2024-4]
a.
Temporary Residential Use. No garage or other accessory building, partial structure, or temporary structure shall be erected or moved onto a lot and used for any dwelling purposes unless authorized by the issuance of a temporary zoning permit. Such permit shall clearly set forth that the structure proposed is intended for temporary dwelling purposes and that the authorized structure is to be vacated upon the expiration of a specified time limit, not to exceed one year. On receipt of the zoning permit, the applicant shall certify that he has knowledge of the terms of the permit and the penalty that can be invoked for violation.
b.
Nonconforming Temporary Use. Nonconforming temporary buildings or uses incidental to a building development and reasonably required for such development may be granted temporary zoning permits, according to the provisions of § 30-5.5h6, Temporary Structure.
c.
Open Air Auction. An open air auction shall be permitted as a temporary accessory use provided that it is conducted in such a manner and is so located that at the time of the auction it shall have no detrimental effect upon the activities normally permitted in the zone in question. A temporary use permit shall be issued by the Code Enforcement Officer to applicants after favorable review by the Planning Board in accordance with the following:
1.
The applicant for an open air auction permit shall submit a sketch, which shall be reviewed by the Planning Board, indicating the provisions for adequate and safe off-street parking as well as ingress and egress to the auction site.
2.
The applicant for an open air auction permit shall submit a traffic control plan, indicating the means by which traffic flows will be maintained around the site, which shall be reviewed by the Planning Board.
3.
The applicant shall post a bond to cover anticipated impacts of the proposed use in terms of need for additional traffic control around the site as well as other potential impacts.
4.
The permit shall be issued on a temporary basis only, with annual renewal for a fee as determined by the Township's fee schedule.
d.
Permitted temporary use of portable storage containers. Portable storage containers may be utilized as a temporary structure in residential zones conditioned upon compliance with the standards of this subsection. Any use of such containers within the Township not in compliance with this subsection shall be unlawful.
1.
Permit required; application; fee; duration; appeals.
(a)
Before a portable storage container is placed on any residential property, the owner, tenant or contractor must submit an application for a permit approving such placement to the zoning officer. If the permit application is made by a tenant or contractor, written permission of the owner of the subject property for the placement of the portable storage container on the property must be provided to the zoning officer before the permit is issued.
(b)
Permits shall be issued for a time period not exceeding 45 days from the time of delivery of the portable storage container to the time of its removal. Upon application to the zoning officer with good cause shown, the time period may be extended for up to an additional 30 days. No further extensions shall be permitted except under subsection 30-5.3d1(c) below.
(c)
In the event of fire or natural disaster causing substantial damage to a structure on the residential property, and provided building permits are obtained, the property owner may apply in writing to the zoning officer for permission to extend the time beyond what is permitted for a portable storage container in subsection 30-5.3d1(b) or subsection 30-5.3d4. The request shall provide sufficient information for the zoning officer to determine whether an extension will be granted. In the event of an adverse decision by the zoning officer, the applicant may appeal the decision to the Township Committee, whose decision shall be final.
(d)
In the event of high winds other weather conditions in which such container may become a physical danger to persons or property, the zoning officer may require the immediate removal of the container.
(e)
The fee for the initial permit/extension of permit due at time of application shall be $75.00.
2.
Number. Only one portable storage container may be placed at any residential property at one time. A portable storage container may not be located on the same property more than two times in any given one-year period.
3.
Size. A portable storage container located in a residential zone shall not exceed 10 feet in height, 10 feet width, or 20 feet in length.
4.
Use with construction permit. If a portable storage container is to be used in conjunction with a validly issued construction permit, said container shall be permitted to remain for the active duration of the construction permit, but in no event for more than 365 days from the date of the initial permit issuance. If construction at the site has not been actively and deligently pursued for a period of six months, the zoning officer may order the removal of any portable storage container from the property.
5.
Location. Portable storage containers may be placed upon driveways, and in side and rear yards if such locations meet the requirements of this subsection. No portable storage container shall be placed or located in the rear- and side-yard setback requirements for accessory buildings in the zone district. No container may be placed in a front yard. Portable storage containers are prohibited from being placed in streets or public rights-of-way except by express permission of the zoning officer and Police Department. If approved, a container placed in a street or public right-of-way must have reflective markers and/or cones placed around it. Such temporary placement is permitted for no more than 72 hours.
6.
Condition. Portable storage containers shall be free from rust, peeling paint, and other forms of deterioration. The container and area surrounding it shall be kept in a neat and clean condition. No material, goods, wares or debris is allowed to be placed on or under the portable storage container. Portable storage containers are to be left closed at all times except when loading or unloading.
7.
Contents. No hazardous, toxic or dangerous material, organic waste, business inventory, commercial goods, or any personal property that is not owned by the owner or occupant of the property where the container is located, is permitted to be stored in said container. Upon reasonable notice to the permit holder, the Township may inspect the contents of any portable storage container for compliance with this subsection.
8.
Violations and penalties.
(a)
Any portable storage container placed in violation of this subsection or that is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of the zoning officer or a law enforcement officer for removal for safety reasons, shall be punishable upon conviction thereof by a fine not to exceed $2,000 for each violation committed hereunder. Any person violating this subsection shall be subject upon conviction to the penalties in accordance with N.J.S.A. 40:49-5.
(b)
The owner of the subject property shall be afforded a fifteen-day period to cure or abate such violation. Every day that a violation continues after service of written notice by certified and/or regular mail to the property owner as shown on the latest tax duplicate shall be deemed a separate offense. The court may also order the removal of the violation by the Township, and the cost of such removal, together with the cost of administration of is removal, may be assessed against the property on which the portable storage container was located and may be filed as a lien against such property by the Township Clerk.