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Borough of Chatham v. Donaldson

Decided: October 13, 1961.

BOROUGH OF CHATHAM, PLAINTIFF-RESPONDENT,
v.
JOHN S. DONALDSON, DEFENDANT-APPELLANT



Price, Sullivan and Leonard. The opinion of the court was delivered by Leonard, J.s.c. (temporarily assigned).

Leonard

Appellant appeals from a conviction in the Morris County Court. Originally, he was convicted in the Municipal Court of the Borough of Chatham of a violation of the borough's zoning ordinance. Thereafter, he appealed to said County Court wherein, upon a trial de novo , the conviction was affirmed.

The original complaint charged that:

"* * * John S. Donaldson residing at #48 Hedges Avenue, Chatham, New Jersey, on June 22, 1960, in the Borough of Chatham, * * * did on the date stated and for sometime prior thereto, use or suffer to be used land and buildings located at and known as #48 Hedges Avenue, Chatham, * * * owned and occupied by him, for the accumulation and storage of motor vehicles and/or for the repair, dismantling and sale of the same or parts thereof contrary to Article 4, Section 420 of 'An Ordinance to Limit and Restrict to Specified Districts or Zones and to Regulate Therein Land, Buildings and Structures, According to Their Construction, and the Nature and Extent of Their Use, in the Borough of Chatham, New Jersey' * * *."

The pertinent parts of the ordinance provide:

"Section 201.

(2) Accessory Use: Use of a building, lot or portions thereof, which use is customarily incidental and subordinate to the principal use of the main building or lot, * * *." (Emphasis added)

"Section 207.

(1) Garage, Private: A building designed for the storage of not more than three passenger motor vehicles, * * *."

"Section 420. Residence R2 Single-Family Districts.

A. Use: In Residence R2 Districts no land, building or structure shall be used, and no building structure shall be erected or altered to ...


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