Borough of Kinnelon, NJ Article V Supplementary Regulations

§ 207-10 Parking and loading regulations.

A. Off-street parking. In all zones, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces in accordance with the requirements set forth herein.

(1) Number. The number of off-street parking spaces required shall be as set forth in Table 1.[1] N.J.S.A. 52:32-4 et seq. (special provisions concerning parking for the handicapped) shall be complied with by the applicant.

[1] Editor's Note: See § 207-11A of this chapter.

(2) Size. Each off-street parking space shall have a minimum length of 18 feet and a minimum width of 10 feet, exclusive of access drives and aisles, and shall be of usable shape and condition. The minimum width between parking lanes shall be 30 feet. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces.

(3) Access. There shall be adequate provision for ingress and egress to all parking spaces. Access drives or driveways shall be no less than 12 feet wide for ingress or egress and 24 feet wide for both ingress and egress. No driveway or access drive shall be closer than 50 feet to any street intersection.

(4) Location. All permitted and required accessory off-street parking and loading spaces, open or enclosed, shall be located on or immediately adjacent to the same zone lot as the use to which such spaces are accessory. No parking area in any zone shall be permitted to encroach on the minimum front, side or rear yards as specified in Article IV.

(5) Screening and landscaping. Off-street parking and loading areas for three or more vehicles shall be effectively screened by natural growth or hedges, as provided in § 207-13, on the side or sides adjoining or abutting an A Zone or adjoining or abutting a residential use in a nonresidential zone.

(6) Surfacing. Any off-street parking or loading area of three or more spaces shall be surfaced with a macadam surface as specified by the Borough Engineer. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

(7) Lighting. All lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises.

(8) Drainage. Any off-street parking and loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

B. Off-street loading. In a zone, in connection with every building or building group hereafter erected which is to be occupied by industrial or commercial uses or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same zone lot with such building, off-street loading berths in accordance with the requirements of Table 2.[2]

(1) Size. Each loading space shall be not less than 10 feet in width and 35 feet in length and shall have a minimum height clearance of 14 feet.

(2) Location. Each loading space may occupy all or any part of any required yard except the front yard.

[2] Editor's Note: See § 207-11B of this chapter.

§ 207-11 Off-street parking and loading requirements.

A. Table 1.

	Off-Street Parking Requirements
	Uses	Minimum Required Off-Street Parking Spaces
	Bowling alleys	5 for each alley
	Churches, synagogues, other houses of worship, theaters and auditoriums	1 for each 4 permanent seats. When individual seats are not provided, each 20 inches of bench shall be considered 1 seat.
	Club facilities [Amended 12-15-1979 by Ord. No. 11-79]	The sum of the following: 1 for each 3 seats of catering/restaurant hall, 1 for each 15 square feet of water surface of swimming pool, 5 for each tee of golf course, 4 for each court of racquet sport facilities and 1 for each 4 family memberships
	Doctors and dentists	6 for patients' use for each office of each doctor or dentist
	Hospitals, nursing and convalescent homes	3 for each 4 beds
	Restaurants and other similar eating and drinking establishments	1 for each 3 seats
	Offices	1 for every 400 square feet of rentable floor area or part thereof
	Retail stores and establishments, shops, planned commercial development groups	1 for every 100 square feet of floor area or part thereof
	Manufacturing, industrial and general commercial uses	1 for every 500 square feet of floor space
	Other uses not otherwise specified herein	1 for every 100 square feet of floor area or part thereof
	Residential	1 for every residence

B. Table 2.

	Minimum Required Off-Street Loading Berths
	Use	Total Floor Area (square feet)	Number of Berths
	Any offices and retail, commercial, wholesale, manufacturing, storage and miscellaneous uses	Less than 10,000	0
		10,000 - 25,000	1
		25,000 - 40,000	2
		40,000 - 60,000	3
		60,000 - 100,000	4
		Each additional 50,000 or fraction thereof	1 additional
	Schools	15,000 or more	1
		10,000 - 30,000	1
	Hospitals, nursing and convalescent homes (in addition to space for ambulances)	Each additional 30,000 or major fraction thereof	1 additional

§ 207-12 Conditional use regulations.

A. Conditional uses, as enumerated in Article X, shall be permitted only upon authorization of the Planning Board, provided that such uses shall be found by the Planning Board to comply with the following requirements and other applicable regulations as set forth in this chapter:

(1) The use is a conditional use as set forth in this chapter for the zone within which such particular site is located.

(2) The use is so designed, located and proposed to be operated and maintained that the public health, safety, welfare and the convenience of the citizens will be protected.

(3) The use will not cause substantial injury to the value of other property for the area where it is to be located.

(4) The use will be compatible with adjoining development and the proposed character of the zone in which it is to be located.

(5) Adequate landscaping and screening is provided as required in this chapter.

(6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to ensure the safety of the traveling and walking public.

(7) The use conforms to all applicable regulations governing the zone in which it is located.

B. Regulations governing certain conditional uses. The conditional uses enumerated below shall be governed by the following specific requirements in addition to the ones presented above:

(1) Nursing or convalescent home.

(a) Minimum lot area. The minimum lot area for a nursing or convalescent home shall be three acres.

(b) Maximum density of development. The maximum density of development shall be no less than 1,500 square feet of land per patient bed.

(c) Maximum building height. The maximum building height of principal and accessory structures shall be as follows:

[1] Principal building: 2 1/2 stories or 35 feet, whichever is less.

[2] Accessory building: one story or 15 feet, whichever is less.

(d) Minimum lot frontage. The minimum lot frontage shall be 200 feet.

(e) Minimum lot depth. The minimum lot depth shall be 400 feet.

(f) Minimum yard requirements. The minimum front, side and rear yard requirements for principal and accessory buildings shall be as follows:

[1] Front yard: 75 feet.

[2] Side yard:

[a] One: 50 feet.

[b] Both: 100 feet.

[3] Rear yard: 50 feet.

(g) Maximum lot coverage shall be 30%.

(h) Off-street parking and loading requirements. Off-street parking and loading requirements shall be in accordance with the provisions of §§ 207-10 and 207-11.

(i) Landscaping requirements. Required landscaping requirements shall be in accordance with the provisions of § 207-13.

(2) Gasoline service station.

(a) Location. No gasoline service station shall be located within 200 feet of the property line of a school, public or private recreational area, church, hospital or nursing home, dwelling or public library, except where such property is located on another block where the zone lot does not abut.

(b) Access driveways. No driveway or curb cut shall be located within 10 feet of an adjoining property line as extended to the curb or pavement, nor be within 50 feet of any exterior (corner) lot line as extended. Any two access driveways giving access to a single street shall be separated by an island with a minimum dimension of 40 feet measured at the right-of-way line. The angle of intersection at the center line of any intersection at the center line of any driveway with the center line of the street shall not be less than 60º unless separate acceleration and deceleration lanes are provided.

(c) Location of oil drainage pits and hydraulic lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line except where a greater distance may be required by the Kinnelon Board of Health.

(d) Gasoline pumps. Gasoline service stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.

(e) Screening and landscaping. All gasoline service stations shall be effectively screened by a fence or hedge, as provided in § 207-13, on the side or sides adjoining or abutting an A Zone or a residential use in a nonresidential zone.

(f) Surfacing. All unused portions in gasoline service stations shall either be improved with a durable and dustless surface or shall be provided with grass and/or planting material in areas which are not to be improved.

(g) Lighting. All lighting used to illuminate any gasoline service station shall be so arranged as to reflect the light away from adjoining premises.

(h) Drainage. All gasoline service stations shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

(i) Storage and repairs. In any gasoline service station, all repair operations shall be conducted within an enclosed building. No more than three vehicles, either awaiting repair or upon completion of said service, shall be stored external to any structure. The sale of any new or used vehicle upon the premises of any gasoline service station shall be prohibited.

§ 207-13 Screening and landscaping.

A. Enclosed uses. Any enclosed use required by this chapter to be landscaped in accordance with this section shall provide a visual screen consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet, or consisting of natural growth located and maintained in good condition as required by the approval agency.

B. Unenclosed uses. Any use which is not conducted within a completely enclosed building shall be enclosed, where required, by a fence six feet high and of a type which shall completely conceal the use. Natural growth or shrubs shall be used where possible. Said enclosure shall be located as required by the approval agency and maintained in good condition.

§ 207-13.1 Alternative energy.

[Added 7-19-2012 by Ord. No. 13-12]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

SOLAR ENERGY SYSTEM

A solar energy system and all associated equipment which converts solar energy into usable electrical energy, beats water or produces hot air or other similar function through the use of solar panels.

SOLAR PANELS

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of solar energy system.

WIND GENERATOR or WIND TURBINE

Equipment that converts energy from the wind into electricity. This term includes the rotor, blades, and associated mechanical and electrical conversion components necessary to generate, stare and/or transfer energy.

B. Purpose. The purpose of this section is to establish requirements for the installation of solar panels within the Borough of Kinnelon.

C. Permit requirements.

(1) Before any solar panel may be installed, plans for such installation shall be submitted to the Kinnelon Building Department. No solar panel shall be installed without the required permits issued by the Borough Construction Official.

[Amended 11-17-2022 by Ord. No. 17-22]

(2) The design of the solar panel system shall conform to all applicable industry standards, including the New Jersey Uniform Construction Code, the National Electric Code and the Kinnelon Building Code and Zoning Regulations. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certified organization, and any such design shall be certified by an engineer registered in the State of New Jersey. The manufacturer specifications shall be submitted as part of the application.

D. Installation requirements.

(1) Solar panels shall be permitted as a rooftop installation only in any zoning district. A roof-mounted system may be mounted on a principal building or accessory building. Ground-mounted solar systems or arrays shall not be permitted except on Borough-owned property.

(2) Roof-mounted solar panels shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the rooftop.

(3) A roof-mounted solar panel that is mounted on a flat roof may be angled to achieve maximum sun exposure but shall not exceed five feet above the roof. No such mounted solar panel shall exceed the maximum permitted height of the structure.

(4) All roof-mounted panels shall be installed at least three feet from the roof edges.

(5) All solar energy systems shall comply with the following conditions:

[Amended 11-17-2022 by Ord. No. 17-22]

(a) Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residential homes or roadways.

(b) All exterior electrical lines must be painted a color scheme that matches as closely as reasonably possible the color of the structure and adjacent materials.

(c) An external disconnect switch, which is clearly identified and unobstructed, shall be provided.

(d) Signage identifying the use of solar panels shall be posted at an easily visible location. The signage shall clearly state the name, address and telephone number of the vendor authorized to deactivate the solar panel system in the case of an emergency.

(e) In addition to the required signage, property owners shall provide the Borough Construction Official with a map illustrating the location of the disconnect switch, as well as any information regarding the vendor authorized to deactivate the solar panel.

(f) Marking is required on all interior and exterior direct conduit, raceway, enclosures, cable assemblies and junction boxes to alert the Fire Service to avoid cutting them.

E. Wind generators or wind turbines prohibited. Wind generators, wind turbines, and similar devices shall be prohibited in any zone of the municipality except on Borough-owned property.

§ 207-14 Residential Zone.

The following regulations shall apply to the Residential Zone:

A. Cellars, garages and open porches shall not be used in determining minimum size of dwellings.

B. No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used unless the main building on a lot is completed and a certificate of occupancy has been issued for said building.

C. The following are prohibited uses in a Residential Zone:

(1) The keeping of hogs.

(2) The keeping of 12 or less chickens or other fowl and the keeping of other domesticated livestock, unless in a wholly enclosed space no part of which is closer to a dwelling than 100 feet or closer to any property line than 100 feet.

[Amended 10-17-2013 by Ord. No. 6-13]

(3) The keeping of crowing roosters or the keeping of more than 12 chickens or other fowl of all kinds or more than two heads per acre of domesticated livestock of all kinds, unless in a building no part of which is closer to any street or road line than 400 feet or closer to any property line than 300 feet.

[Amended 10-17-2013 by Ord. No. 6-13]

(4) Commercial greenhouses and nurseries.

(5) Storing of unlicensed motor vehicles except in garages.

(6) Parking of commercial vehicles except where incident to their use or where such vehicle provides daily transportation for and is required by the resident in his daily employment. All commercial trucks must be garaged, and permitted vehicles shall not exceed 3/4 ton.

(7) The on-premises use of house or travel trailers.

D. On a corner lot, the side wall of a building may be placed not less than 50 feet from the side street line.

E. The sale of farm or garden products upon the premises shall not be permitted.

F. Fences exceeding six feet in height shall not be permitted, except around tennis courts, in which case fences shall not exceed 10 feet in height. Barbed wire fences or electric fences shall not be permitted.

[Amended 6-21-2012 by Ord. No. 12-12]

G. Any use not expressly permitted in § 207-27 is prohibited.

§ 207-15 Restricted Recreation Zone.

The following regulations shall apply to the Restricted Recreation Zone:

A. General. A Restricted Recreation Zone is designed to accommodate recreational activities of a restricted nature.

B. Uses. Within any Restricted Recreation Zone, no lot, plot, tract or parcel of land or any part thereof shall be used, and no building or structure or any part thereof shall be used, built, altered, enlarged, modified, arranged, intended or designed, for any purpose or use other than the following:

(1) Recreational park on a plot or tract of not less than 200 acres in area, unless specifically authorized by the Board of Adjustment subsequent to review by the Planning Board, within which the following shall be permitted:

(a) Lake and/or pool bathing area, fishing, boating and other water sports, provided that:

[1] All facilities are conducted on a restricted club membership basis.

[2] None of these activities or structures or facilities related thereto shall be permitted within 200 feet of a residential area.

[3] No motorboats other than electric will be permitted.

[4] All requirements of Ordinance No. 63-2 must be realized.[1]

[1] Editor's Note: See Ch. 213, Bathing Areas, Public.

(b) Picnics, cookouts and other family and organizational gatherings and similar recreational activities not within 500 feet of a residential area. Overnight camping will not be permitted.

(c) Games.

[1] The following games and sports and the necessary equipment for the same shall be permitted for the use of patrons, either free or at a charge: golf, equestrian sports, shuffleboard, tennis, archery, basketball, handball, horseshoe pitching, quoits, softball, swings, slides, dart games and normal winter sports, and any others permitted by Planning Board approval.

[2] Rides of any kind, Ferris wheels, merry-go-rounds, carousels, etc. shall not be permitted, except that chair lifts will be permitted for year-round or seasonal use.

[3] The keeping of animals for exhibits or display shall be prohibited.

[4] Golf shall not be permitted within 25 feet of a residential area.

[5] Equestrian sports and winter sports shall not be permitted within 200 feet of a residential area, except that no horse shall be stabled within 500 feet of a residential area.

[6] All other activities will not be permitted within 200 feet of a residential area.

(d) Outdoor fireplaces in cleared areas shall be permitted with picnic tables, benches, drinking fountains and other cookout equipment.

(e) Cabanas, for rental for daytime use, with minimum floor space of 150 square feet, may be erected in units of not more than 10 per single unit.

(f) Bathhouses with a minimum of 12 square feet of floor space and a height of not less than eight feet, with cement floors and well-vented doors, may be erected in units of not more than 20 per unit.

C. Sanitary facilities shall be provided for men and women, either in separate buildings or in separate sections of the same building, with separate entrances. The type and number of sanitary facilities shall meet the requirements of the Kinnelon Board of Health.

D. Single-family dwellings for the use of owners or caretakers shall be limited to one per 50 acres of restricted recreation area under one ownership.

E. Restaurants and cafeterias shall be permitted, provided that no food, drink or other item shall be sold or served through an opening in an outer wall of said building, but shall be served or sold within the building, which shall be properly screened and meet all the requirements of the Health and Sanitary Codes of the Borough of Kinnelon and such other ordinances as shall apply. Restaurants with indoor and/or outdoor table service shall be permitted.

F. Trash receptacles in sufficient quantity to keep the area in a clean and orderly condition as determined by the Board of Health shall be required. A method of disposal of trash and garbage approved by the Borough of Kinnelon shall be provided. Burning of trash or garbage in open pits or in trash receptacles shall be prohibited.

G. The use of house trailers for any purpose and the parking of trailers in a Restricted Recreation Zone is prohibited. The use of mobile refreshment stands or dispensers shall be prohibited.

H. All requirements of the Board of Health shall be observed and all other ordinances of the Borough of Kinnelon obeyed.

I. First-aid and/or medical facilities shall be provided as deemed necessary by the Board of Health.

J. Restrictions on all buildings will be those required for the Commercial Zone, except caretaker residences, which shall conform to the Residential Zone.

K. All facilities must meet with the approval of the Borough Engineer.

§ 207-16 (Reserved) [1]

[1] Editor's Note: Former § 207-16, Limited Industrial Zone, was repealed 4-20-2023 by Ord. No. 04-23.

§ 207-17 Commercial Zone.

[Amended 4-20-2023 by Ord. No. 04-23]

Purpose statement. The purpose of the Commercial Zone is to provide standards for the orderly development of commercial land uses on properties located along State Highway Route 23. The intent of this Commercial Zone is to permit a variety of commercial land uses which are appropriate for areas located along a state highway which are "highway commercial" in nature, meaning, they may be of a larger scale and intensity that provides for regional commercial needs while also serving the needs of the immediate community. The following regulations shall apply to the Commercial Zone:

A. Restaurants will not be permitted within 500 feet of a Residential Zone, nor shall the sale of ice cream, drinks or other refreshments for out-of-doors consumption by customers be made within 500 feet of a Residential Zone.

B. Auto sales and showrooms are not permitted.

C. The use of flammable base fluids in cleaning establishments is prohibited.

D. No building may have more than 40% of the floor area devoted to storage purposes incidental to its use, exclusive of basement floor areas.

E. Where business zones abut residence zones, proper screening, as determined by the Building Inspector, will be required.

F. Public garages. No public garage accommodating more than five cars, or a gasoline filling station, shall have an entrance within 200 feet measured in a straight line to a property line of a dwelling, public school, public library, church, theater or other public gathering place or park or playground.

G. Gasoline filling stations. Gasoline filling stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.

H. All business shall be carried on only in fireproof buildings and in such manner and with such precautions against fire and explosion hazards as shall conform to the Uniform Construction Code and Fire Prevention Code of the Borough of Kinnelon and all other applicable laws and regulations of the Borough of Kinnelon and the State of New Jersey.

I. Each business shall provide an adequate disposal system for its industrial wastes and sewage. Board of Health and Borough Engineer approvals are required.

J. Outdoor storage. Outdoor storage is permitted if the same is screened by planting or by screening at least six feet in height, as approved by the Building Inspector, so that the storage cannot be visible from any other site. Outdoor storage authorized by this subsection is permitted only in the rear yard and shall be subject to the same setback distances as are prescribed in Article IV hereof. The storage of any material in the front yard is prohibited.

K. A building or premises may be used for any purpose as described in this section, but may not be used for the following:

(1) Residential use of any kind.

(2) Any other trade or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise as is herein noted.

(3) Drive-in theaters.

(4) Motels.

L. The applicant shall supply a development schedule indicating:

(1) Approximate date when construction can be expected to begin.

(2) Stages of construction and the approximate date when construction of each stage can be expected to begin.

(3) Anticipated rate of development.

(4) Approximate dates when the development of each of the stages will be completed.

(5) Area and location of open space that will be provided at each stage.

M. Billboards are permitted in the C - Commercial Zone and are subject to the following regulations:

(1) The terms used in this subsection are defined in § 207-4.

(2) Compliance with state laws for billboard signs.

(a) All billboard signs must be in compliance with the Roadway Signs Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27:1A-6, 27:5-5 et seq.).

(b) No billboard sign shall be permitted unless specifically authorized by permit from the applicable agency of the State of New Jersey having jurisdiction over outdoor advertising signs, where said billboard signs shall be maintained within the State of New Jersey or any department thereof right-of-way, or any portion of limited access or unlimited access highways within the State of New Jersey. This prohibition shall not apply to signs, public notices, or markers erected or maintained by the Department of Transportation, the County of Morris or the Borough of Kinnelon.

(3) Billboard sign location restrictions.

(a) Billboard signs shall only be permitted in the C - Commercial Zone on properties with frontage along New Jersey State Highway Route 23 (hereinafter "NJSH Route 23") and commercially zoned and shall be constructed to confine their lines of sight to motorists traveling along NSJH Route 23, which area is identified within the map annexed hereto as Attachment 1[1] and shall be prohibited elsewhere within Kinnelon Borough.

[1] Editor's Note: Said map is on file in the Borough offices.

(4) Billboard signs are considered principal uses and may be a second principal use on properties within the C - Commercial Zone.

(5) Any billboard sign to be erected under these regulations shall employ sideline blocking technology including but not limited to louver systems to limit visibility from residential zones and residences.

(6) Double-faced-type and v-type billboard signs shall be permitted only under the terms and conditions of this chapter.

(7) Billboard signs shall only be permitted as freestanding signs.

(8) No billboard signs shall be permitted that are painted on or attached to a building, railroad bridges, overhead bridges, or any other structure over any highway or overhanging the highway, and within the right-of-way of any highway.

(9) No billboard signs shall be affixed to motor vehicles, buildings, bridges, overpasses, or overhead structures. They shall be permanently affixed to a base, post(s), pole(s) or other bracing or supporting device(s), comparable to a freestanding sign.

(10) No billboard sign shall be painted, drawn, erected, or maintained upon trees, or other natural features, or public utility poles.

(11) No billboard sign shall be located within 500 feet of an interchange, intersection at grade, or safety rest area. This restriction prohibits any sign on either side of the highway that would be visible to a main-traveled way where it would be within 500 feet of the beginning or ending of pavement widening, within 500 feet of the point of gore, or any point between those features where the pavement is widened. This distance shall be measured along the pavement edge of the highway nearest those points. If an interchange lacks a point of pavement widening, a sign shall not be located in that direction within 1,000 feet of the point of gore.

(12) There shall be a minimum setback for the billboard sign from the lot line nearest to NJSH Route 23, which shall be not less than 10 feet as measured from the right-of-way line. The minimum side yard setback shall be a minimum of 20 feet per side yard.

(13) No billboard signs shall interfere with the ability of an operator of a motor vehicle to have a clear and unobstructed view of streets or highways ahead, approaching, merging or intersecting traffic, or official signs, signals or traffic control devices.

(14) No billboard sign shall interfere with or contain advertisements that resemble any official traffic sign, signal or device.

(15) No billboard sign shall be of a type, size, or character or placed at a location that will endanger or potentially injure public safety or health, or pose a physical threat to property in the vicinity.

(16) No advertisements shall be permitted on any billboard sign that are deemed to be in violation of federal, state, or local law, offensive to the moral standards of the community, false, misleading or deceptive, or in any way reflect upon the character, integrity or good standing of any organization or individual.

(17) No billboard sign shall be permitted which has any animated or moving parts or has reflectorized materials which may impair the vision of a motorist.

(18) Billboard dimensional requirements.

(a) The billboard sign display area shall be the entire area of a sign that is within a single perimeter composed of squares or rectangles that enclose the extreme limits of the advertising message, announcement, demonstration, display, illustration, insignia, surface, or space of a similar nature, together with any frame or other material, color, or condition that forms an integral part of the display and is used to differentiate the sign from the wall or background against which it is placed, excluding the necessary supports or uprights on which the sign is placed. On no billboard sign shall the display area be less than 50% of the surface area of the billboard sign.

(b) The sign area of any billboard sign face shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. Where there is no geometric frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign. This shall not be construed to include the supporting members of any sign which are used solely for such purpose.

(c) No billboard sign may exceed the maximum height of 40 feet from the ground level to the highest point of the sign.

(d) The billboard sign display area shall be rectangular-shaped and not exceed 11 feet by 36 feet for each display area.

(e) The billboard sign display area shall not exceed 396 square feet for each billboard sign display area. All dimensions include border, trim, cutouts, and extensions but exclude decorative bases, decorative trim and supports.

(19) Billboard lighting requirements.

(a) A lighting plan prepared by a qualified individual shall be provided with site plan applications.

(b) Lighting of billboard signs is permitted from dusk to dawn for static message billboard signs and 24 hours per day for multiple message billboard signs.

(c) The light intensity at ground level shall average 0.5 footcandle; however, variations are permitted depending upon the intensity of the use. The light intensity shall not exceed 0.3 footcandle along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.

(d) The lighting plan shall indicate the proposed light intensity (including existing fixtures to remain) at ground level where 0.5 footcandle occurs. Manufacturer's lighting detail and specifications including footcandle distributions shall be provided. All lights shall be concealed-source nonglare lighting and shall be installed only to reasonably illuminate the subject billboard sign face(s) from dusk to 12:00 midnight. The minimum footcandle in the areas used by the public shall be 0.5; the maximum footcandle 1.0.

(e) No perimeter, strobing, or other attracting type of lighting may be operated in conjunction with a billboard sign.

(f) Technology to limit glare and light pollution shall be employed for all multiple message billboards including, but not limited to, automatic dimming technology and honeycomb technology.

(g) No billboard sign shall be of such intensity or brilliance to cause glare, or be otherwise operated in a manner that impairs the safe operation of a motor vehicle. Illumination of billboard signs shall be shielded, so as to prevent light from being directed at any portion of the main-traveled way of any highways. All such lighting shall also be subject to any other provision relating to lighting of signs applicable to highways under the jurisdiction of the State of New Jersey.

(20) Billboard landscaping.

(a) Billboard signs shall be suitably landscaped to improve the environment of the site and surrounding area.

(b) Plant types which shall be installed shall be a mixture of hardy evergreen and other deciduous canopy and understory trees and shrubs, which shall be indigenous to the area. A conscious effort shall be made to preserve and incorporate the existing vegetation on site, wherever possible. The support for the billboard sign shall be screened with evergreen and deciduous shrubs and trees.

(c) All plant material installed as part of a billboard sign planting screening shall be guaranteed for a period of two years.

(d) To the extent possible any landscaping should be used to buffer the billboard sign from areas away from NJSH Route 23.

(21) Multiple message billboard sign standards.

(a) The minimum spacing between multiple message billboard signs on the same side of NJSH Route 23 shall be 3,000 feet being measured along the nearest edge of the pavement between points directly opposite the side of the sign faced nearest to the center line of the right-of-way of NJSH Route 23 where the sign shall be erected, and shall apply only to sign faces on the same side of NJSH Route 23 in the C - Commercial Zone and visible in the same travel direction.

(b) Notwithstanding the above, the minimum distance between static message billboard signs and multiple message billboard signs on the same side of NJSH Route 23 shall be 1,000 feet.

(c) Multiple message billboard signs shall not be placed within 800 feet, as measured along the edge of the pavement, of an official permanent variable electronic traffic sign, which is capable of displaying any message allowed by the Manual on Uniform Traffic Control Devices (MUTCD).

(d) Each face of a multiple message billboard sign shall be permitted a three-foot decorative apron at the bottom of the sign face to include the name of the billboard operator, and such decorative apron shall not be considered when calculating sign face area.

(e) No more than one billboard sign shall be permitted on any lot. For the purposes of this section, only single-sided, double-faced or V-type billboard signs with a single display per face shall be permitted.

(f) The Borough of Kinnelon shall have access to the multiple message billboard sign(s) for emergency messaging and/or community information displays at one message per cycle.

(g) Multiple message billboard signs shall contain a default design that will freeze the sign in one position if a malfunction occurs.

(h) The dwell time for each message on a multiple message billboard sign shall not be less than eight seconds per N.J.A.C. 16:41C-11.1(a)3.

(i) The change from one display to the next shall be completely accomplished within one second or less and the entire display shall change at the same time.

(j) No multiple message billboard sign shall be operated so that the meaning of one display is continued on the next display.

(k) No regulations in this subsection or portions thereof are intended to be less restrictive than state or federal regulations.

(22) Static message billboard sign standards.

(a) The minimum distance (spacing) between static message billboard signs on the same side of NJSH Route 23 shall be 1,000 feet being measured along the nearest edge of the pavement between points directly opposite the side of the sign faced nearest to the center line of the right-of-way of Route 23 where the sign shall be erected, and shall apply only to sign faces on the same side of NJSH Route 23 in the C - Commercial Zone and visible in the same travel direction.

(b) Notwithstanding the above, the minimum distance between static message billboard signs and multiple message billboard signs on the same side of NJSH Route 23 shall be 1,000 feet.

(c) Each face of a static message billboard sign shall be permitted a three-foot decorative apron at the bottom of the sign face to include the name of the billboard operator, and such decorative apron shall not be considered when calculating sign face area.

(d) No more than one billboard sign shall be permitted on any lot. For the purposes of this section, double-faced billboards visible from opposite directions but built on a common frame shall be considered one billboard sign.

(e) Only single-sided and back-to-back or V-type billboard signs with a single display per face shall be permitted.

(f) A static message billboard sign may be multicolored and illumination shall be installed only to reasonably illuminate the subject billboard sign from dusk to 12:00 midnight. No perimeter, strobing or other attracting type of lighting may be operated in conjunction with a billboard sign.

(g) No static message billboard sign shall be permitted which, because of its size, shape and/or location, may obscure or obstruct the view of vehicular traffic.

(h) No regulations in this section or portions thereof are intended to be less restrictive than state or federal regulations.

(23) Approval and review procedures for billboard signs.

(a) Billboard sign applications shall follow the preliminary site plan application process pursuant to Article XII, § 176-28, of the Borough of Kinnelon Code.

§ 207-18 Restricted Commercial Zone.

[Amended 4-20-2023 by Ord. No. 04-23]

Purpose statement. The purpose of the Restricted Commercial Zone is to provide standards for the orderly development of small-scale commercial land uses within the Borough where neighborhood commercial-oriented retail and service uses may be located, primarily serving residents of the Borough.

A. The following regulations, in addition to those set forth for Commercial Zones, shall apply to the Restricted Commercial Zone:

(1) Each Restricted Commercial Zone shall be developed and maintained under one management and in accordance with an overall Master Plan as an Integrated and related operation of retail business, professional and office buildings and supporting uses; provided, however, that all products offered for sale shall be stored in fully enclosed structures. The following uses shall be excluded from the Restricted Commercial Zone:

(a) Auctions.

(b) Garages and gasoline stations.

(c) Automobile sales and showrooms.

(d) Churches and/or schools.

(2) The provisions of Schedule V of the Zoning Ordinance, defining sizes of lots and the height and bulk of buildings and governing Restricted Commercial Zones, shall be controlling with respect to all applications made under this section.[1]

[1] Editor's Note: See § 207-31 of this chapter.

(3) Entrances and exits for truck and automobile traffic and the roads or driveways to building service entrances and to parking areas of this zone shall be located so as to be consistent with normal and reasonable safety standards, having in mind the prevention of traffic hazards. Parking requirements shall be in accordance with §§ 207-10 and 207-11 of this chapter. All parking aisles shall be curbed, and parking lot arrangement and traffic flow patterns shall be approved by the Planning Board. The Planning Board may require provisions for acceleration and/or deceleration lanes if they are warranted.

(4) Pedestrian walks shall be provided within this zone. In addition, walks of not less than four feet in width shall be provided along public thoroughfares that abut the zone. Pedestrian walks within the zone shall be designed to provide safe passage for pedestrians between buildings and between buildings and parking facilities and in front of and around buildings, all of which must be of sufficient width to provide for fixed facilities and sufficient uninterrupted pedestrian use. Where it is elected to cover pedestrian walks, they shall be covered with a permanent canopy constructed so as to withstand the forces of the elements and in accordance with good engineering practice.

(5) Sales display of merchandise, wares or products on the exterior or grounds of a building is prohibited.

(6) At least 10% of this zone shall be set aside for landscaping consisting of trees, shrubs, plants and lawns. Natural growth shall be preserved wherever possible. Landscaping shall be planted and maintained by the zone management.

(7) Electric power and telephone services shall be installed underground within the boundaries of this zone.

B. Procedure.

(1) Plot plans prepared by a licensed engineer and in collaboration with a licensed architect and bearing the seals of both shall be filed with the Planning Board. Said plot plans shall show in detail for the entire Restricted Commercial Zone the overall plan for:

(a) The location and arrangement or grouping of buildings and their proposed use.

(b) The location and arrangement of entrances and exits for truck and automobile traffic and of the roads or driveways to building service entrances and to parking areas, respectively.

(c) The location and arrangement of all pedestrian walks along main thoroughfares, from parking areas to buildings and around or in front of and between buildings.

(d) The location and arrangement of all landscaping along the boundaries of this zone, around the buildings and in the parking areas.

(e) The location of, arrangement and specifications for all exterior lighting facilities and electric signs.

(f) Parking area layouts, location and arrangement.

(2) Planning Board review hereunder shall be for the purpose of determining whether the standards and requirements imposed by this section and this chapter are met and, further, whether the provisions of all other local, state or federal laws and agencies have been satisfied.

(3) The Planning Board shall hold a public hearing on the development plan within 45 days of its submission. Notice by the applicant and announcement of hearing by the Planning Board shall be in accordance with § 47-33 of Chapter 47, Land Use Procedures.

(4) Plans as submitted must be reviewed by the Planning Board and receive its approval before issuance of building permits and any necessary licenses for the erection, construction, operation or maintenance of any building, buildings or business in this zone.

(5) Planning Board action.

(a) When the Planning Board's action is approval, it shall forward two sets of material received, together with its letter of approval, to the Building Inspector for his use.

(b) When the Planning Board's action is disapproval, it shall return one set of said material to the applicant, together with its letter of explanation and recommendations for resubmission.