[Amended 4-16-1996 by Ord. No. 96-657]
A. Nonconforming lot. Notwithstanding any other provision
of this chapter, any existing nonconforming lot which is in single
ownership, is not adjoining any vacant land, and is nonconforming
due to space, width or area may be improved with a new structure or
building or an addition to an existing building or structure as otherwise
permitted by this chapter, provided that the minimum yard setbacks,
floor area ratio, height and impervious coverage shall be as required
in the Schedule of Zoning District Area, Yard and Building Requirements.
B. Lot width. On regularly shaped lots, the minimum lot
width of any lot shall be measured at the front lot line and required
front yard setback line as required for the zone in which it is located
and shall be maintained for a distance of not less than 40 feet to
the rear of the required front yard setback line. Where lots front
on culs-de-sac, the minimum lot width may be 65% of the required minimum
or 50 feet, whichever is greater, measured on the arc of the right-of-way
line.
C. Corner lots. The required front yard shall be maintained
on both streets.
D. Through lots. A through lot shall be considered as
having two street frontages, both of which shall be subject to the
front yard requirements of this chapter. Where a lot is bounded on
three or more sides by roads, the side opposite the front yard shall
be considered the rear yard and the minimum rear yard setback shall
be maintained. The remaining frontage shall be considered side yard,
but the front yard setback shall be maintained for the side street.
E. Frontage upon a street. Every principal building shall
be built upon a lot with the minimum required frontage upon an approved
street which shall be improved in accordance with the street standards
established by the Borough.
F. Number of buildings restricted. There shall not be
more than one principal structure on each lot in the Residence A-1
through Residence A-6 Districts.
[Amended 2-20-2001 by Ord. No. 2001-725]
A. No portion of any building or other structure erected
on any lot shall be nearer to the center of the street or streets
which any such lot abuts than the average setback observed by existing
buildings on the same side of the street between intersecting streets,
or for a distance of 500 feet on each side of the lot if no intersecting
street exists within that distance, except no building need be set
back more than 100 feet. The average setback of existing buildings
on through lots shall only be measured to the line of the street on
which the building fronts and not to the line of the other street
or streets which abut the lot. Where no buildings exist within the
stipulated distance on each side of the lot, then the buildings shall
be set back at least 50 feet from the center of the street on a lot
which is 100 feet deep, plus one additional foot for each five feet
by which the depth of the lot exceeds 100 feet, but no building need
be set back more than 100 feet from the center of any street on which
it abuts.
B. Required yards shall be open to the sky and unobstructed,
except that parapets, windowsills, doorposts, rainwater leaders, cornices,
eaves, bay windows, chimneys and similar ornamental or structural
fixtures may project up to two feet into such yards.
C. No parking shall be permitted in any required front
or side yard except in the driveway of the yard.
D. Uncovered steps only may project up to five feet into
a required yard.
E. Central-air-conditioning equipment, barbecues or patios may be located
within any side or rear yard but shall be not less than 10 feet from
any property line.
[Amended 7-17-2018 by Ord. No. 2018-998]
F. Where any lot abuts a street right-of-way which is
proposed to be widened as indicated on the Master Plan of the Borough
or the Master Plan of Essex County, or by the state, setbacks shall
be measured from the proposed right-of-way.
G. No junk, as defined in this chapter, shall be permitted
in any yard.
In all park areas, the Borough reserves the
right to use any part of the park areas for water supply purposes,
including the right to prospect for water and to drill and operate
wells, pump water and to erect and maintain pumping stations, well
houses, reservoirs, basins, storage tanks, pipelines, conduits and
other water supply facilities which may be necessary to obtain supplies
of potable water for the residents of the Borough and other water
customers. The Borough also reserves the right in park areas to erect,
lay, maintain, operate, replace and repair sanitary sewers, storm
sewers, drainage ditches and watercourses.
[Amended 2-21-1984 by Ord. No. 84-482]
A. No building shall be located within 50 feet of any
property line.
B. Retail sales shall be restricted to members and their
guests only.
C. Recreational facilities shall be located not less
than 50 feet from any property line and shall be effectively screened
from adjoining residential uses.
D. No public address system shall be permitted which
is audible at any property line.
E. Such uses shall be subject to site plan review.
F. Lights, other than security lighting, shall not be
located closer than 25 feet from any property line, and the maximum
height shall not exceed 16 feet. The lighting shall be arranged in
such a manner so as not to throw any direct glare on adjacent properties
or constitute a nuisance to surrounding properties.
Home occupations other than professional home
offices regulated elsewhere in this chapter as a conditional use are
prohibited.
Security lighting shall be permitted in all
zones as part of any principal permitted use, but only in accordance
with the following regulations:
A. The maximum height of any security light shall not
exceed 16 feet.
B. The maximum intensity of any single light shall not
exceed five footcandles.
C. The lights shall be arranged in such a manner so as
not to throw any direct glare on adjacent properties or constitute
a nuisance to surrounding properties.
[Added 5-19-1998 by Ord. No. 98-688]
No auction sale shall be conducted on private
residential property within the Borough of Essex Fells.
[Added 5-19-1998 by Ord. No. 98-688]
A. Private garage, yard, house, driveway and similar
sales may be conducted on private residential property by the owner
of the property on any day between the daylight hours of 9:00 a.m.
and 5:00 p.m. Such sales shall be limited to one annually and shall
be permitted indoors or outdoors. No sale may be longer than two days'
duration.
B. A permit to conduct such sales shall be obtained from
the Borough Clerk. Such sales shall be restricted to the personal
property owned by the owner of the residential property.