Borough of Netcong, NJ Article VIII Zoning

§ 194-51 Purpose.

The purpose of this article is to limit and restrict to specified districts and regulate therein buildings and structures according to their construction and the nature and the extent of their use and the nature and extent of the uses of land, including the regulation and restricting of the height, number of stories and sizes of buildings and other structures, the percentage of lot that may be occupied, the sizes of yards, courts and other open spaces, the density of population and the location and use and extent of use of buildings and structures and land for trade, industry, residence and other purposes within the delegated powers provided in Title 40, Chapter 55D, of the New Jersey Revised Statutes, the Municipal Land Use Law, its amendments and supplements thereto, and specifically, but not by limitation, to lessen congestion in the streets; secure safety from fire, panic and other dangers; promote health, morals or general welfare; provide adequate light and air; prevent the overcrowding of land or buildings; avoid undue concentration of population; and prevent damage to the physical environment.

§ 194-52 Zoning districts.

[Amended 12-10-1998 by Ord. No. 98-17; 7-8-1999 by Ord. No. 99-16; 11-13-2003 by Ord. No. 2003-11]

For the purpose of this chapter, the Borough of Netcong is hereby divided into 12 districts known as:

R-1	Single-Family Residential
R-1A	Single-Family Residential
R-2	Single-Family Residential
R-3	Single-Family Residential
R-3A	Single-Family Residential
R-4	Garden Apartment
B	Commercial Business
B-C	Borough Center
I-1	General Industrial
I-2	Limited Industrial
I-3	Limited Industrial and Commercial
LOR	Limited Office/Research

§ 194-53 Zoning Map; bulk and area requirements schedule.

A. The accompanying Zoning Map entitled "Zone Map, Borough of Netcong, Morris County, New Jersey," delineating the zoning districts within the Borough of Netcong, is incorporated herein and made a part hereof. The map is dated June 10, 1999, with revisions through August 26, 2003.[1] The map is dated 6-10-1999.

[Amended 7-8-1999 by Ord. No. 99-16; 11-13-2003 by Ord. No. 2003-11]

[1] Editor's Note: Said map is on file in the office of the Borough Clerk and may be inspected by the public during normal business hours.

B. Schedule I, attached hereto, describing area and bulk minimum requirements, is incorporated herein and made a part hereof.[2]

[2] Editor's Note: Schedule I, Area and Bulk Requirements, is located at the end of this chapter.

§ 194-54 Nonconforming uses and structures.

A. Continuation of use or structure. Any approved nonconforming use which existed at the time of the passage of this chapter may be continued on the lot or in the building so occupied, and any existing structure designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered, subject to the following regulations:

(1) A nonconforming structure shall not be enlarged unless the structure is changed to a conforming structure; provided, however, that where a building meets the use requirements of this chapter and is nonconforming because of height or area or yard regulations, said structure may be enlarged, provided that the height, area and yard regulations are not further violated.

B. Cessation of operation. Where there is a cessation of operation with intention of abandonment of any nonconforming use, the same shall constitute an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.

C. Conversion to permitted use. Any nonconforming building, structure or use which has been changed to a conforming building or use shall not be changed back again into a nonconforming building, structure or use.

D. Extension of nonconforming use. No nonconforming use shall be extended so as to diminish the extent of a conforming use.

E. Repairs and alterations. Such repairs and maintenance work as required to keep a building in sound condition may be made to a nonconforming building or structure.

F. Restoration of existing buildings.

(1) Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming building that is partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such manner as not to further violate the reasons for nonconformity. Any building that is nonconforming because of use that is totally destroyed in the manner aforesaid may be rebuilt only as a conforming use. Any building that is nonconforming because of height, area or yard requirements that is totally destroyed may be rebuilt only if the height, area or yard requirements of this chapter are met. To determine the extent of destruction for the purpose of this chapter, no part of the footings or foundation walls shall be considered. In the event that it is physically impossible to meet the height, area or yard requirements of this chapter, said building may be rebuilt, provided that the nonconforming height, area or yard requirements are not further violated.

(2) Where a nonconforming use is partially destroyed as mentioned above, application must be made for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. Nothing in this chapter shall prevent the restoration of a wall declared unsafe by any governmental authority.

G. Existing nonconforming lots. Any lot or plot legally established and existing at the time of passage of this chapter that fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in such district in which it lies, provided that all of the following requirements are complied with:

(1) Said lot is in single ownership, as defined in this chapter, at the time of adoption of this chapter.

(2) All yard requirements are complied with.

§ 194-55 Provisions applicable to all zones.

A. Principal structure.

(1) No use shall be permitted on any lot on which there is no principal building or structure.

(2) Only one principal building may be erected on a lot, except for related, compatible buildings constituting one basic use or operation under one management and limited to the following:

(a) Hotel or motel developments.

(b) Public or institutional building complexes.

(c) Shopping center developments.

(d) Industrial or manufacturing building complexes.

(e) Office building complexes.

(f) Garden apartments.

(3) Unless otherwise regulated in this chapter, a principal building as permitted shall be at least 30 feet from another principal building.

B. Minimum lot frontage. All lots must have a minimum width of 50 feet measured at the front street property line.

C. Corner lots. Where a lot is bounded by more than one street, the front yard setback requirement from each abutting street shall be met.

D. Sight triangles.

[Amended 11-11-1999 by Ord. No. 99-25]

(1) A sight triangle shall be established at each quadrant of an intersection of streets as herein below set forth. The sight triangle is the area bounded by the intersecting street lines and a straight line which connect sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet; collector streets at 60 feet; and minor streets at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included in the Master Plan.

(2) The sight triangle shall be a dedicated easement by deed to the Borough of Netcong as part of the street right-of-way. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Borough of Netcong Land Development Procedures Ordinance."

(3) Within a sight triangle, there shall be no obstructions (such as embankments, fences, walls, hedges or other objects) erected or maintained more than 30 inches in height above the center-line grade of either intersecting streets or lower than eight feet above their center lines, excluding street name signs and official traffic regulation signs. All corners on new streets as well as corners on existing streets of new developments shall be clear of obstructions in the manner and to the limits described.

(4) Street trees are permitted within the sight triangle easements; however, branches occurring in between the ground and eight feet above the grade shall be removed by the owner of the property. Shrubs are permitted within the sight triangle easements but shall not exceed a mature height of 30 inches and shall be regularly trimmed by the owner of the property to maintain a maximum height of 30 inches.

(5) Portions of a lot set aside for the sight triangle may be used in calculating the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

E. Off-street parking areas.

(1) All off-street parking areas shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water as approved by the Borough Engineer. This shall not be construed to require asphalt, bituminous or cement binder pavement for off-street parking spaces for residential structures in the residential zones.

(2) Any lighting in connection with off-street, parking shall be so arranged and shielded as to reflect the light downward away from all adjoining residence buildings, residence zones or streets.

(3) The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residence zone district by a fence or wall not less than four nor more than six feet in height, maintained in good condition; provided, however, that a screening of hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board. No part of any parking area shall be closer than 10 feet to any school, hospital or other institutional building situated on any contiguous lot unless screened by an unpierced masonry wall not less than four nor more than six feet in height. This shall not be construed to require screening for off-street parking spaces for residential uses.

(4) Each off-street parking area hereinafter created within the Borough of Netcong shall be subject to the approval of the Planning Board to ensure its adequacy to provide for traffic safety, to provide ingress and egress for emergency vehicles, to protect adjacent properties and to further ascertain that all requirements of this chapter are complied with.

(5) All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on such parking lot. No sign other than entrance, exit and regulatory signs shall be maintained.

(6) The amount of off-street parking area to be graded may be reduced by the approving authority if it can be clearly demonstrated by the applicant that such additional parking area is not necessary; however, the entire amount of ungraded parking area must at all times be made available for parking in the event that future conditions should so require.

(7) Parking requirements for residential land uses: These provisions are intended to mirror the provisions of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-4 et seq.) and shall be amended or supplemented to the same degree and at the same time as amendments and supplements to the Residential Site Improvement Standards are established and effective. When determination of the required total number of parking spaces for a development results in a fractional space for the entire development, any fraction of one half or less may be disregarded, while a fraction in excess of one half will be counted as one parking space. Off street parking requirements for a combination of uses shall be computed separately and then added together to compute the total number of required parking spaces. Attached units' parking requirements (i.e., apartments, condominiums, townhouses) below include guest parking of 0.5 space per dwelling unit which may be supplied on site in common parking areas or on the street as permitted by law.

[Added 10-13-2016 by Ord. No. 2016-14]

Type of Residential Use	Parking Requirement
SINGLE-FAMILY DETACHED
2 Bedroom	1.5
3 Bedroom	2.0
4 Bedroom	2.5
5 Bedroom	3.0
TWO-FAMILY (duplex)	Use single-family detached values applied to each unit.
GARDEN APARTMENT
1 Bedroom	1.8
2 Bedroom	2.0*
3 Bedroom	2.4
HIGH-RISE APARTMENT COMPLEX
1 Bedroom	0.8
2 Bedroom	1.3*
3 Bedroom	1.9
MID-RISE APARTMENT	Garden apartment values shall apply.
RETIREMENT COMMUNITY	Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles.
ASSISTED LIVING	0.5 per bed

*	Where the applicant does not specify the number of bedrooms per unit, this parking requirement shall apply.

(8) Parking requirements for nonresidential uses. All nonresidential developments shall comply with the following off-street parking requirements. To the extent that a particular nonresidential land use is not identified below and does not fall into a similar category of one that is identified, such nonresidential land use shall have not less than one space per 200 square feet of gross floor. When determination of the required total number of parking spaces for a development results in a fractional space for the entire development, any fraction of one half or less may be disregarded, while a fraction in excess of one half will be counted as one parking space. Off-street parking requirements for a combination of uses shall be computed separately and then added together to compute the total number of required parking spaces.

[Added 10-13-2016 by Ord. No. 2016-14]

	NONRESIDENTIAL USE		REQUIRED OFF-STREET PARKING SPACES PER INDICATED AREA
	AUTOMOBILE SALES		1 per employee plus 1 per 10 acres displayed
	ASSEMBLY OPERATIONS		1 per 800 square feet of gross floor area
	BARS, RESTAURANTS AND NIGHTCLUBS		1 per 2 seats of bar space; 1 per 3 seats of restaurant table space
	BOWLING ALLEYS		4 per alley
	CAR WASHES		10 per washing lane
	PLACES OF ASSEMBLY SUCH AS CHURCHES, SIGNAGOGUES, MOSQUES, MEETING HALLS AND OTHER PLACES OF ASSEMBLY, RELIGIOUS OR OTHERWISE		1 per 3 seats
	BANKS, FINANCIAL SERVICE CENTERS AND SIMILAR FINANCIAL INSTITUTIONS		1 per 400 square feet of gross floor area
	HOTELS AND MOTELS		1 per guest room, plus 5 per 1,000 square feet of gross floor nonroom area
	INDUSTRIAL USES		1 per 800 square feet of gross floor area
	LIBRARIES		1 per 300 square feet of gross floor area
	MANUFACTURING		1 per 800 square feet of gross floor area
	EMERGENCY MEDICAL CENTERS AND THE LIKE		1 per 200 square feet of gross floor area
	OFFICES		1 per 250 square feet of gross floor area
	RESEARCH		1 per 1,000 square feet of gross area
	FAST FOOD ESTABLISHMENT WITH DRIVE THRU FACILITIES		1 per 50 square feet of gross floor area plus 1 per 3 seats if there is dining in
	RETAIL STORES		1 per 200 square feet of gross floor area
	SCHOOLS
		Elementary schools	1.5 per classroom, but not less than 1 per teacher and staff
		Intermediate schools	2.5 per classroom, but not less than 1 per teacher and staff
		Secondary	3.0 per classroom, but not less than 1 per teacher and staff
	PUBLIC GARAGE (SERVICE STATION)		4 per bay and work area
	WAREHOUSES		1 per 2,000 square feet of gross floor area
	DOCTORS AND DENTIST OFFICES		1 per 200 square feet of gross floor area
	FUNERAL HOMES AND MORTUARIES		1 per 150 square feet of gross floor area
	HOSPITALS, NURSING AND CONVALESCENT HOMES		1.2 for each bed

F. Public utilities and institutions. Public utilities and any public or institutional uses may be located in any of the zone districts as conditional uses pursuant to N.J.S.A. 40:55D-67.

G. House trailers. The parking of house trailers in any zone for a period longer than 48 hours during any calendar month is prohibited, except that the prohibition shall not extent to one unoccupied house trailer owned by the property owner in a residential district if garaged or if parked within the yard setback requirements of the zone in which it is parked.

H. Signs.

[Amended 6-14-2001 by Ord. No. 2001-8; 12-12-2002 by Ord. No. 2002-19]

(1) Permit required. Except as provide in Subsection H(2) below, no person shall construct, erect, replace, modify or alter any sign within the Borough of Netcong without a sign permit. An application for a sign permit shall be made to the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained by the Construction Official. In the case of a freestanding sign, a plot plan of the lot shall be required as part of the zoning application showing the location of buildings, parking lots, driveways, landscaped areas and all other existing and proposed signs.

(2) Permit exemptions. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this subsection. The exemption shall apply to the requirement for a sign permit only. No sign permit shall be required for the following signs:

(a) Any public notice or warning required by a valid and applicable federal, state, county or local law, regulation or ordinance;

(b) Any informational or advertisement sign which is inside a window;

(c) Holiday lights and decorations with no commercial message;

(d) Any sign indicating the name of a building and/or date of construction and/or other incidental information about its construction, which sign is cut into a masonry surface or made of bronze or similar permanent material, including historic tablets, cornerstones, memorial plaques and emblems which do not exceed four square feet in area;

(e) Traffic control signs on private property, the face of which meets the Department of Transportation standard and which contain no commercial message of any sort;

(f) Flags of the United States, New Jersey, the Borough of Netcong, foreign nations or decorative in nature;

(g) Signs or banners advertising public or quasi-public events that are posted with the permission of the Borough Council;

(h) Pump-mounted fuel price information signs; and

(i) United States postal regulation mailboxes.

(3) Measurement of sign area. For purposes of this section, signs shall be measured as follows:

(a) Individual signs. The area of a sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, graphic illustration, picture, symbol or display, together with any material or color forming an integral part of the background of the sign and used to differentiate the sign front from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself. No sign shall have more than two display faces. The sign area for a sign with two faces shall be computed by adding together the area of all sign faces visible from any one point. When a sign having two faces is such that both faces cannot be viewed from any point at the same time, the sign area shall be computed by the measurement of the larger of the two faces.

(b) Window signs. For purposes of calculating window signs, a window shall be considered the glazed area. Signs which are required by county, state or federal agencies are exempt from calculation of permanent and temporary signage up to the minimum size required by such agencies. The area of the sign in excess of the minimum shall be subject to the sign calculation. In the event no size requirement is imposed by such agency, the sign shall not exceed one square foot.

(c) Measurement of height of freestanding signs. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign excluding decorative hardware. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

(4) General regulations. The following general regulations shall apply to all signs within the Borough of Netcong:

(a) Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building as well as with other signs used on the building or in its vicinity.

(b) All signs shall be designed to fit within the existing facade features of the building and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade on which they are located.

(c) Whenever possible, signs located on buildings within the same block front shall be placed at the same height to establish an orderly and consistent sign band along the street frontage.

(d) Wood, painted metal and durable composite materials of similar appearance texture and density are the preferred materials for signs. Flat signs shall be framed with raised edges. Only high-quality exterior grade materials and finishes shall be used.

(e) Sign colors shall be visually compatible with the colors of the building facade and adjoining buildings.

(f) No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less.

(g) Electric wiring associated with a sign shall be concealed to the greatest extent possible.

(h) Signs shall be either spotlighted or backlighted with a diffused light source.

(i) Internally illuminated signs shall have characters, letters, figures and designs which are illuminated by electric lights as part of the sign proper with dark or translucent background. Signs lit by external sources shall be allowed but shall be located in such a manner so as to avoid glare onto adjacent property and the view of vehicular traffic.

(j) One flag per business premises displaying only a generic logo or design shall be allowed. Such flag shall be no larger than three feet by five feet and it must be hung from the ground floor facade at least 10 feet above ground level and it shall project no more than three feet from the building facade.

(k) All signs shall be placed in accordance with the provisions of the zone in which they are located.

(5) Prohibited signs.

(a) No off-site advertising sign shall be erected, used or maintained within the Borough of Netcong; provided, however, that this regulation shall not apply to temporary signs, otherwise permitted by this subsection, that advertise special events sponsored by nonprofit social, religious, political or cultural organizations or institutions.

(b) No sign shall be placed on fences, utility poles, trees, railway or road bridges, bridge supports or abutments, retaining walls or water towers unless approved by the Borough Council and otherwise permitted by law.

(c) No sign shall be flashing, blinking, oscillating or animated or have any moving parts.

(d) No sign shall be allowed with optical illusion of movement by means of a design which presents a pattern capable of reverse perspective giving the illusion of motion or changing of copy.

(e) No advertising shall be allowed on any street furniture except as a monument or plaque.

(f) No televised advertising in a window shall be allowed.

(g) The use and display of temporary portable signs or windsocks, banners, strings, streamers, pennants, spinners or similar objects and devices across, upon, over or along any premises or building, whether as part of any sign or for advertising or public attraction, is prohibited in any nonresidential zone except for:

[1] Temporary displays in business or commercial zones as provided in § 194-55H(14); or

[2] Temporary decorations customarily used in holidays or for special events as may be approved by the Borough Council.

(h) No sign shall be allowed which obstructs any window or door opening used as a means of egress, interferes with an opening required for legal ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant.

(i) No sign shall be allowed which obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.

(j) No sign shall be so placed, colored or lighted as to impede or interfere in any way with the operation of a traffic light, directional signal or general traffic vision.

(k) No sign element shall be interpreted as part of the architectural element of the building with the exception of a marquee of a functioning theater.

(l) No inflatable signs or tethered balloons shall be allowed.

(m) No neon or gas-filled decorations which outline facade elements or windows are allowed.

(n) No temporary signs shall be allowed except as detailed in § 194-55H(14).

(6) Nonconforming signs. No nonconforming sign may be enlarged or altered in any way which would increase its nonconformity.

(7) Removal of certain signs. In the event a business ceases operation for in excess of 60 days, except for seasonal businesses, the sign owner, lessee or property owner shall immediately remove any sign identifying or advertising said business or any product sold thereby.

(8) Sign permit revocable. All rights and privileges acquired under the provisions of this chapter or any amendment thereto are revocable at any time by the Zoning Officer if the applicant fails to accurately depict the sign erected or to be erected or if the sign fails to meet the details of the information provided on the application.

(9) Signs permitted in the R-1, R-1A, R-2, R-3 and R-3A Residential Districts. Within the R-1, R-1A, R-2, R-3 and R-3A Residential Districts, the following signs shall be permitted: name or announcement sign of a church, parish house or public or semipublic building and “for sale” or “for rent” signs which are not over six square feet in area, provided that no sign shall be erected nearer any street or road than half the setback required for the principal building erected or to be erected on said lot, and provided further that the sign is used only with reference to the premises upon which it is erected.

[Amended 11-13-2003 by Ord. No. 2003-11]

(10) Signs in R-4 Garden Apartment District.

(a) Permitted signs are as follows:

[1] Two freestanding signs not to exceed 30 square feet each and not to exceed eight feet in height.

[2] Wall-mounted building identification plaques.

[3] Freestanding directional signs not to exceed three square-feet each and not to exceed four feet in height.

(11) Signs in B Commercial Business Districts.

(a) Permitted signs are as follows:

[1] One freestanding sign per road frontage, not to exceed 30 square feet and no higher than 20 feet to the top of the sign. The sign is not permitted to be closer than one-half the distance between the building and the property line.

[2] No more than two building-mounted signs are permitted. The total of all mounted signs shall not exceed 10% of the building facade area upon which the sign is to be mounted or 45 square feet, whichever is less.

[3] Shingle-style signs shall not exceed six square feet and are not subject to the area limits in Subsection H(11)(a)[2].

[4] One directional or identification sign is permitted per entrance not to exceed four square feet each and are not subject to the area limits in Subsection H(11)(a)[2].

(12) Signs in B-C Borough Center District.

(a) Permitted signs are as follows:

[1] All signs shall be architecturally compatible with an overall turn-of-the-century character.

[2] One freestanding sign not to exceed 30 square feet and no higher than eight feet to the top of the sign. The sign is not permitted to be closer than five feet to the property line.

[3] Building-mounted signs:

[a] Single-tenant buildings: one building-mounted sign not to exceed 10% of the building facade area upon which the sign is to be mounted or 30 square feet, whichever is less.

[b] Multitenant buildings: one sign per tenant with an aggregate sign area not to exceed 15% of the building facade area upon which the sign is to be mounted or 45 square feet, whichever is less.

[4] Shingle-style signs shall not exceed six square feet and are not subject to the area limits in Subsection H(12)(a)[3].

[5] One directional or identification sign is permitted per entrance not to exceed four square feet each and are not subject to the area limits in Subsection H(12)(a)[3].

(13) Signs in the LOR, I-1, I-2 and I-3 Industrial Districts.

(a) Permitted signs are as follows:

[1] One freestanding sign not to exceed 30 square feet for single-tenant buildings up to 45 square feet for multitenant buildings.

[2] One building-mounted sign per tenant not to exceed 15 square feet each.

[3] Entrance and loading dock identification signs not to exceed six square feet each.

[4] Freestanding directional signs not to exceed six square feet each.

(14) Temporary signs and banners. The construction, erection, replacement or alteration of any temporary sign or banner advertising a grand opening or special sales event on a commercial premises shall be permitted upon approval of the Zoning Officer under the following conditions:

(a) One temporary sign or banner not exceeding 24 square feet designed to advertise a grand opening celebration of a commercial establishment may be erected and maintained on the commercial premises which is the subject of said grand opening celebration for a period of 14 days prior to said event and for seven days thereafter. Streamers, pennants, balloons and other like accessory decorations may also be erected during the above time period.

(b) One temporary sign or banner not exceeding 24 square feet designed to advertise a special sales event may be erected and maintained on the commercial premises conducting said event for a period not in excess of 21 calendar days. The erection of a temporary sign or banner advertising a special sales event shall be limited to five events per year per commercial establishment.

(c) No person shall construct, erect, replace or alter any temporary sign or banner under the provisions of this subsection without first obtaining a zoning permit. An application for a temporary sign or banner shall be made to the Zoning Officer upon forms provided by the Borough. An application fee of $10 shall be paid to the Borough upon the filing of said application.

(15) (Reserved)[1]

[1] Editor’s Note: Former Subsection H(15), Political signs, added 9-8-2011 by Ord. No. 2011-11, was repealed 3-8-2012 by Ord. No. 2012-5.

I. Fences, walls and living fences.

[Amended 10-9-2014 by Ord. No. 2014-12]

(1) No person may construct or maintain any fence, wall or living fence in any zone district without a zoning permit. An application to construct or maintain a fence, wall or living fence shall be made to the Zoning Officer, which application shall include plans of sufficient detail to administer this section and comply with the following:

(a) No fence, wall or living fence which exceeds three feet in height shall be constructed or maintained between the street right-of-way line and the front foundation wall of the main building.

(b) No fence, wall or living fence which exceeds four feet in height shall be constructed.

(c) No fence, wall or living fence which exceeds three feet in height may be constructed on a corner lot.

(d) No fence having one decorative exterior side and one nondecorative interior side shall be permitted in any residential zone unless the decorative exterior side shall face away from the applicant's property and towards the adjoining property or street.

(2) Whenever the construction or maintenance of a fence, wall or living fence is part of an application for development, no permit shall be issued without the approval of the approving authority.

(3) Notwithstanding the provisions of Subsection I(1)(a) of this section, the Planning Board may authorize a fence, wall or living fence in excess of the above standards, if deemed necessary as part of its site plan review in accordance with Article VI of this chapter.

(4) Fences or other enclosures shall be maintained in such a manner as to assure the structural integrity of the fence, to prevent all or portions of the fence from encroaching over the property line of adjoining owners, and shall be further maintained so as to prohibit an unsightly appearance to adjoining property owners. "Unsightly appearance" shall include the following:

(a) Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from extending beyond the height limitations imposed under this chapter.

(b) Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from growing beyond the property line over to the adjoining properties.

(c) Living fences that include shrubs or other plantings that have died.

(d) Painted fences or other enclosures whereon paint has chipped or peeled from more than 25% of the surface area of the fence.

(e) Fence posts which have become loosened or which were installed in such a manner as to be leaning more than 15° from the fence line.

(f) In the case of picket fences, where more than 10% of the pickets have fallen, been removed or rotted in any given ten-linear-foot section of such fence.

(g) In the case of slatted or other solid-wall fences, where more than 10% of the surface of the fence has been removed, fallen or rotted in any given ten-linear-foot section of such fence.

J. Soil removal and grading.

(1) Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas most exposed to view by occupants and the public, and such areas shall be stabilized by seeding or planting.

(2) The land shall be so graded, paved areas so pitched and storm drains and catch basins so located as to provide rapid runoff to stormwaters and to avoid undue accumulations of water disturbing to occupants, under the normal range of weather conditions.

K. The keeping or grazing of farm animals shall be permitted as an accessory use in residential zones only, provided that there shall be a minimum of one acre for the keeping of the first two animals and an additional minimum of one acre for each additional animal. Keeping or maintaining fowl shall require one acre for the first 20 fowl and an additional acre for each additional group of 20 fowl or fraction thereof. If there are animals and fowl both maintained on the same premises, the minimum lot size shall commence at three acres.

[Added 10-10-2013 by Ord. No. 2013-11]

L. Cannabis establishments and uses prohibited. The operation of certain classes of cannabis establishments as defined by P.L. 2021, c. 16,[2] including cannabis cultivators, manufacturers, distributors, wholesalers, testing facilities, delivery services, medical cannabis dispensaries, alternative cannabis treatment centers, including such operators holding a medical cannabis dispensary permit pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:61-7) are expressly prohibited uses within the jurisdictional borders of the Borough of Netcong.

[Added 6-10-2021 by Ord. No. 2021-9; amended 10-12-2023 by Ord. No. 2023-16; 12-14-2023 by Ord. No. 2023-23]

[2] Editor's Note: See N.J.S.A. 2C:35-10a.

§ 194-56 R-1, R-1A, R-2, R-3 and R-3A Residential Districts.

[Amended 9-10-1998 by Ord. No. 98-12; 12-10-1998 by Ord. No. 98-17; 11-13-2003 by Ord. No. 2003-11]

A. Primary intended uses. The following uses are permitted in the R-1, R-1A, R-2, R-3 and R-3A Residential Districts:

(1) Single-family detached dwellings.

(2) Churches, parish houses and burial mausoleums, owned by the church and located on the same lot or on a lot contiguous to the church property. Burial mausoleums shall be subject to Schedule I, Area and Bulk Requirements,[1] of Article VIII, Zoning, for the particular district in which the burial mausoleum is located.

[1] Editor's Note: Schedule I, Area and Bulk Requirements, is included at the end of this chapter.

(3) Essential services such as municipal buildings, police and fire stations, libraries, public parks and playgrounds and schools.

B. Accessory uses. Accessory uses customarily incident to residential uses shall be permitted in the residential zone district, provided that:

(1) No accessory building shall exceed 15 feet in height.

(2) Accessory buildings shall be at least 10 feet from any principal building situated on the same lot, unless an integral part thereof, and shall be at least five feet from any other accessory building.

(3) Accessory buildings on corner lots may not be erected nearer to the street than the front yard required on the adjacent lot.

(4) No accessory building shall be built in the front yard; nor shall an accessory building located within the rear yard be built closer than five feet to a side lot line nor closer than five feet to the rear lot line.

(5) Accessory buildings built within the side yard shall meet the side yard requirements for the principal building.

C. Garages. No zoning permit shall hereafter be granted for the erection of a new dwelling nor a certificate of occupancy issued therefor unless there shall be included in such construction a garage, carport or approved shelter for not more than three motor vehicles, connected by an adequately surfaced driveway to the adjacent street, road or lane. One commercial vehicle of a licensed capacity not exceeding one ton, owned and used by a resident of the premises, shall be permitted to be regularly or intermittently kept on the lot in a residential district.

D. Swimming pools. Private residential pools are hereby permitted as an accessory in single-family residential zones. Before the issuance of a permit for the construction and occupancy of a pool is granted, all of the following regulations and standards must be complied with:

(1) All pools shall be located only in rear yard areas.

(2) Pools shall occupy no more than 25% of the rear yard area or a maximum of 800 square feet as measured along the surface of the water, whichever is smaller.

(3) No edge of any pool shall be closer than 10 feet to any building or any lot line.

(4) The rear yard area or some other smaller portion of the rear yard area shall be completely enclosed with fencing no less than four feet in height nor more than six feet in height in order to deny accidental access to the pool.

(5) The pool may be lighted by both underwater and exterior lights, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. Standards used for exterior lighting shall not exceed 12 feet in height. All lighting shall comply with the applicable National Electrical Code and shall be placed in such a manner as not to be a nuisance or annoyance to neighboring properties.

(6) No public amplifying shall be used with a private swimming pool.

E. Open space requirements in the R-3 Residential District.

(1) The minimum lot area in major subdivision developments within the R-3 Residential District may be reduced from 8,000 square feet to not less than 6,000 square feet.

(2) The Planning Board shall not approve a subdivision development plan that will result in a greater population density than if the property in question were developed at the above-mentioned eight-thousand-square-foot density requirement. The maximum density for the entire subdivision, exclusive of streets, shall be no greater than one dwelling unit per 8,000 square feet.

(3) No lot so reduced shall have a width parallel to the front street property line of less than 70 feet at a distance of 100 feet from the street property line and shall meet the minimum bulk requirements of the R-1 Residential District.

(4) That percentage of the total tract of land equal to the percentage that the average lot areas are reduced from 8,000 square feet shall be dedicated and deeded to the Borough.

(5) No area to be so deeded shall be less than three acres unless the area is to be joined to an existing parcel of Borough land, the aggregate size of which shall be no less than three acres.

(6) The area to be dedicated for public purposes under the terms of this section shall be at a location and of a shape as determined and required by the Planning Board.

(7) All other requirements of this chapter shall be complied with.

F. Open space requirements in the R-3A Residential District.

(1) The minimum lot area in major subdivision developments within the R-3A Residential District may be reduced from 15,000 square feet to not less than 10,000 square feet.

(2) The Planning Board shall not approve a subdivision development plan that will result in a greater development density than if the property in question were developed at the above-mentioned fifteen-thousand-square-foot density requirement. The maximum density for the entire subdivision, exclusive of streets, shall be no greater than one dwelling unit per 15,000 square feet of tract area.

(3) No lot so reduced shall have a width parallel to the front street property line of less than 80 feet at the front setback and shall meet the other minimum bulk requirements of the R-3 Residential District.

(4) That percentage of the total tract land equal to the percentage that the average lot areas are reduced from 15,000 square feet shall be dedicated and deeded to the Borough.

(5) No area to be so deeded shall be less than three acres unless the area is to be joined to an existing parcel of Borough land, the aggregate size of which shall be no less than three acres.

(6) The area to be dedicated for public purposes under the terms of this section shall be at a location and of a shape as determined and required by the Planning Board at the time of subdivision approval.

(7) All other requirements of this chapter shall be complied with.

G. Prohibited uses. No building or premises shall be used in whole or in part for any industrial, manufacturing, trade or commercial purpose or for any other than the specified purposes as indicated above under this section.

§ 194-57 R-4 Garden Apartment District.

A. Permitted uses; general space and area regulations. Within any Garden Apartment District, no building or land shall be used and no building shall be erected or altered or used for other than an apartment house or group of apartment houses known as "garden apartments," subject to the following regulations:

(1) The maximum number of apartments shall be no more than nine apartments per acre, including new on-site streets.

(2) The maximum building coverage of the garden apartment lot or tract shall be no more than 20%.

(3) No garden apartment building shall be located within 75 feet of another such structure, and each shall be no more than 50 feet in length and 40 feet in depth. However, three separate buildings may be attached to each other, provided that, where attached, there shall be an offset of not less than 20% of the depth of the building, and such buildings so attached are to be considered as separate buildings.

(4) No building, structure or parking area shall be located within 100 feet of any preexisting public street as of the time of the initial application. Every building or structure shall have a minimum setback of 40 feet from all interior development roads and shall have a setback of 100 feet from adjoining property lines bounding the development area.

(5) Garages, not part of a garden apartment dwelling structure, and accessory buildings shall be located at least 25 feet from the nearest building wall of a garden apartment dwelling structure.

(6) All buildings shall be no more than two stories and not in excess of 35 feet in building height.

(7) There shall be no dwelling units below the first story or above the second story of any such structure and no more than five dwelling units in each separate building or structure.

(8) A minimum of 15% of the lot or tract shall be developed for recreational purposes.

B. Rooms. Each apartment unit in each garden apartment building shall contain, as a minimum, a separate bedroom, a separate living room, a separate bath and a separate kitchen, which kitchen facilities shall be located separate and apart from the other rooms in the apartment unit.

C. Minimum floor area and sleeping accommodations.

(1) All dwelling units shall conform to the following minimum floor area requirements, exclusive of porches, staircases, casements, breezeways and balconies:

(a) One-bedroom units: 750 square feet.

(b) Two-bedroom units: 900 square feet.

(c) All bedrooms in a garden apartment dwelling unit shall contain a minimum of 150 square feet of floor area.

(d) If there are more than two bedrooms, 150 additional square feet for each bedroom.

(2) All sleeping accommodations shall be in bedrooms only. One-bedroom apartments shall be occupied by not more than two adults and one child. Apartments having more than one bedroom shall be occupied by not more than two persons per each bedroom. Owners shall be responsible to insert the aforesaid provision in each and every lease agreement which is made with any tenant.

D. Storage space. In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure or elsewhere where personal belongings and effects may be stored without constituting a fire hazard and where the said belongings and effects may be kept locked and separated from belongings of other occupants.

E. Laundry facilities. Each garden apartment building shall contain separately partitioned clothes-washing and -drying areas of at least 10 square feet of floor area for each dwelling unit. All laundry facilities shall be for the exclusive use of the occupants of the apartment units and shall be contained within the confines of a completely enclosed building. No clotheslines or clothes-hanging devices or washing, drying or laundry facilities of any kind whatsoever shall be located outside the confines of completely enclosed buildings. No vending machines, other than coin-operated clothes-washing machines and clothes-drying machines, shall be permitted in any building.

F. Television antenna. Each separate garden apartment building shall be supplied with one master television antenna for the use of all the apartments within the building.

G. Building construction. All buildings shall be constructed in accordance with the Construction Code provisions for fire walls shall be included in the design of each garden apartment building, and there shall be no more than four units between fire walls. Apartments must be soundproof to ensure a ten-decibel drop in sound between all apartments. The exterior of each garden apartment building shall be of brick or stone facing, solid brick, stone or some other acceptable masonry material; provided, however, asbestos shingles or cinder block as an exterior finish is prohibited. The exterior of all accessory structures shall be in harmony architecturally with, and be constructed of materials of a like character to those used in the principal structures.

H. Ventilation. Every garden apartment shall be designed to provide not less than two exterior exposures with windows so as to provide either through-ventilation or cross-ventilation.

I. Utilities. Every garden apartment unit and garden apartment building shall be supplied with water from the water system of the Borough of Netcong. All sanitary or domestic sewage shall be collected into and disposed through the sewer system of the Borough of Netcong. No package sewerage plant or other temporary facilities shall be permitted. Fire hydrants shall be installed by the developer in adequate numbers and at locations approved or recommended by the Borough Engineer. Such fire hydrants shall not be in excess of 600 feet from any dwelling unit or building used by tenants or the public. All water service and fire hydrants must be provided for and maintained by the owner at his expense to meet the standards of the National Fire Underwriters' Code.

J. Garbage disposal. There shall be a centrally located, enclosed and covered garbage and rubbish collection receptacle in the area of each building. The removal of garbage, rubbish, paper and trash shall be the responsibility of the owner of such garden apartment. Collection and disposal of the aforesaid shall be made at a minimum of twice per week or as directed by the Board of Health.

K. Parking.

(1) Off-street parking shall be supplied on the site, at a rate set forth in § 194-55E(7); and not less than 10% of such required spaces shall be in enclosed garages.

[Amended 10-13-2016 by Ord. No. 2016-14]

(2) Parking areas shall be located within reasonable proximity of dwelling structures which they serve. Parking stalls shall be 10 feet wide by 20 feet in length and shall provide a minimum area of 200 square feet per motor vehicle.

(3) Access drives with a minimum width of 22 feet shall be provided.

(4) All parking areas shall be suitably landscaped and screened and may not be nearer than 15 feet to any adjoining lot line. All such required off-street parking shall be properly screened to achieve a minimum height of five feet within a three-year period so that off-street parking will be screened from the boundary lines.

(5) Parking areas and driveways shall be constructed as herein specified: Grade to an even surface and compact earth with a ten-ton roller. Apply four inches of clean stone, compacted with a ten-ton roller and penetrated with a bituminous sealer (OA 4) at a quantity of two gallons per square yard. Then top with a one-inch layer of asphalt, FABC or equivalent.

(6) Snow clearance of parking lots and driveways and maintenance thereof shall be provided for and be the responsibility of the owner.

L. Roads and sidewalks.

(1) Interior streets and roads shall be installed to provide adequate circulation within the garden apartment development as well as access to all parking areas and public thoroughfares. All access drives shall be paved and curbed to meet Borough specifications. Such streets shall be paved to a width of 40 feet and shall be maintained by the owner of said premises, and said streets shall not be deemed to be dedicated to the Borough of Netcong nor shall the Borough of Netcong be required to maintain or provide snow clearance for said streets.

(2) Interior development roads and pedestrian walks shall be provided with shade trees. Open space adjacent to buildings and malls between buildings to be utilized by residents and border strips along interior development roads and along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to garden apartment dwelling structures and entrance areas shall be attractively shrubbed.

(3) Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, and such illumination shall, where necessary, be shielded to avoid disturbing glare to occupants of buildings.

(4) Concrete sidewalks shall be installed leading from all apartment units to all parking areas, along access drives, streets and roadways; and along front streets, such walks shall be installed on both sides of the street right-of-way, of a minimum thickness of four inches, laid out on a cinder or slag base compacted. The sidewalks shall be four feet wide, with a three-foot space which shall be grass-seeded between the walk and the curb.

§ 194-58 B Commercial Business District.

A. Primary intended uses. The following uses are permitted in the B Commercial Business District: retail sales and service facilities designed to serve the needs of the residential community, such as stores, shops, financial institutions, hotels, motels, social halls, lodges, fraternal organizations, eating and drinking places with or without entertainment, business and professional offices, theaters, churches and parish houses, and passenger automobile or truck salesrooms having enclosed walls and a roof and used for motor vehicle sales in conjunction therewith, gasoline filling stations, car-washing establishments and public garages subject to the limitations and standards as set forth in § 194-64C hereof.

B. Prohibited uses.

(1) Within any commercial zone, no building or premises shall be used in whole or in part for any other than the purposes specified above under Subsection A. In addition to the restrictions set forth in Subsection A, the following uses are expressly prohibited:

(a) Any process of manufacture, fabrication, assembly, disassembly, treatment, conversion or alteration of any material.

(b) Fuel distributing plants.

(c) Trailer camps or storage or parking of trailers.

(d) The commercial care, boarding, treatment or breeding of domestic animals.

(e) Storage of crude oil or any of its volatile products or other flammable products.

(f) Junkyards, dumps, refuse depots, secondhand material yards, automobile graveyards or disassembly plants and places for storing, baling or treating of junk, old iron, rags, bottles or scrap paper.

(g) Slaughtering poultry and animals; rendering lards or fats and smoking meats, whether or not the same is incidental to a retail business.

(2) No carousels, roller coasters, merry-go-rounds, Ferris wheels, pony ride tracks, exhibitions of animals and similar commercial amusements shall be permitted, except in connection with a carnival or circus having a special permit from the governing body.

C. Performance standards. Before the issuance of any building or occupancy permit for any use in the commercial district, all of the following regulations must be complied with:

(1) Fire and explosion hazards. All activities or operations involving fire or explosion hazards shall be carried on in conformity with the provisions of the Fire Prevention Code of the Borough of Netcong.

(2) Smoke, fumes, gases, dust, odors. There shall be no emission of any smoke, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by such use.

(3) Liquid or solid waste. No business operations shall discharge waste of any kind into any reservoir, pond, pool or other body of open water. The discharge of untreated waste into a stream shall be prohibited.

(4) Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(5) Noise. There shall be no noise emanating from the operation which will be audible beyond the boundaries of the immediate site.

(6) Nuisances. No store, shop or office within any district shall use any noise-making instruments such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices which are so situated as to be heard outside any building in the district. No smoke, fumes or objectionable odors shall be emitted from any building. The display of merchandise placed on the premises outside the exterior walls of any building is prohibited.

D. Off-street parking.

(1) The number of off-street parking spaces required shall be as set forth in § 194-55E(8).

[Amended 10-13-2016 by Ord. No. 2016-14]

(2) No part of any off-street parking area shall occupy more than 1/2 of the front yard setback requirement.

(3) Any owner or group of owners of a business building or buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, and further provided that such jointly sponsored facilities comply with all the other requirements of this chapter.

(4) All parking areas shall be designed with service aisles adequate in width to maintain a safe flow of traffic.

E. Conditional uses.

[Added 10-12-2023 by Ord. No. 2023-16]

(1) Cannabis retailers.

(2) Billboards.

[Added 12-14-2023 by Ord. No. 2023-24]

§ 194-59 I-1 General Industrial District.

A. Purpose. The purpose of this district is to provide areas where a wide range of industrial uses are permitted within the limits of design and environmental regulations. This district is located where the potential for industrial growth is good due to convenient transportation routes, utility services and population proximity.

B. Principal permitted uses. The following uses are permitted in the I-1 District:

(1) Offices and office buildings.

(2) Warehousing, shipping and receiving.

(3) Research.

(4) The manufacturing, finishing and assembly of products.

(5) Utilities.

(6) Outside storage areas, provided that their location conforms to the setbacks for a principal structure.

(7) Industrial operations where the manufacturing, finishing or assembling of the principal product does not involve any change in the molecular structure of any ingredient.

C. Prohibited uses. Within the I-1 Industrial District, no building or premises shall be used in whole or in part for any other purpose than those specified above under Subsection B. In addition, the following uses are specifically prohibited:

(1) Residential construction or conversion.

(2) Mink or fox farms.

(3) Piggeries.

(4) Rubbish, garbage, trash dumps, incinerators and junkyards.

D. Performance standards. Before the issuance of any building or occupancy permit for any use in the I-1 District, all of the following regulations must be complied with:

(1) Fire and explosion hazards. All activities or operations involving fire or explosive hazards shall be carried on in conformity with the provisions of the Fire Prevention Code of the Borough of Netcong.

(2) Fly ash, vapors, smoke, fumes, gases, dust, odors. There shall be no emission of any smoke, fumes, gas, dust, odors or any other atmospheric pollutant which will disseminate beyond the boundaries of the lot occupied by such use; and further, there shall be no emission which can cause any damage to health, to animals or vegetation or to other forms of property, or which can cause any excessive soiling at any point. Emission from any chimney or otherwise or any solid or liquid particles in concentrations exceeding 0.2 grain per cubic foot of the conveying gas or air at any point is prohibited. For measurement of the amount of particles in gases resulting from combustion, correction shall be applied to a standard stack temperature of 500º F. and 50% excess air.

(3) Liquids or solid waste. No industrial operations shall discharge industrial waste of any kind into any reservoir, pond, pool or other body of open water. The discharge of untreated industrial waste into a stream shall be prohibited. All methods of sewage and industrial waste treatment shall be approved by the Borough and New Jersey State Health Departments.

(4) Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate site on which such use is conducted.

(5) Noise. There shall be no noise emanating from the operation which will be audible beyond the boundaries of the immediate site.

(6) Glare. There shall be no direct or sky-reflected glare exceeding 0.5 footcandle measured at the property line of the lot occupied by such use. This regulation shall not apply to lights used at the entrances or exits of service drives leading to a parking lot.

E. Off-street parking.

(1) The number of off-street parking spaces required shall be as set forth in § 194-55E(8).

[Amended 10-13-2016 by Ord. No. 2016-14]

(2) No part of any off-street parking area shall occupy more than 1/2 of the front yard setback requirement.

(3) Any owner or group of owners of an industrial building or buildings may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, and further provided that such jointly sponsored facilities comply with all the other requirements of this chapter.

(4) AR parking areas shall be designed with service aisles adequate in width to maintain a safe flow of traffic.

§ 194-60 I-2 Limited Industrial District.

[Amended 7-8-1999 by Ord. No. 99-16]

A. Purpose. The purpose of this district is to create a zoning district recognizing the need for employment centers while orienting the uses to major highways for ease of access.

B. Permitted principal uses. The following uses are permitted in the I-2 District:

(1) Offices and office buildings.

(2) Warehousing, shipping and receiving.

(3) Assembling finished products, provided that there is no molecular change.

(4) Research.

(5) Lumberyards.

C. Prohibited uses. Those uses prohibited in the I-1 General Industrial District and those uses specifically permitted as principal permitted uses in the I-1 District, but not specifically permitted in Subsection B above, shall be prohibited in the I-2 District.

D. Performance standards. Before the issuance of building permits, certificates of occupancy or zoning permits, all performance standards of the I-1 District shall be satisfied as set forth in § 194-59D.

§ 194-61 I-3 Limited Industrial and Commercial District.

[Amended 7-8-1999 by Ord. No. 99-16]

The purpose, permitted principal uses, prohibited uses and performance standards of the I-3 Limited Industrial and Commercial District are the same as the I-2 Limited Industrial District, except that:

A. All business commercial uses as described herein are permitted.

B. The area and building requirements are as set forth in Schedule I attached.[1]

[1] Editor's Note: Schedule I, Area and Bulk Requirements, is included at the end of this chapter.

§ 194-62 LOR Limited Office/Research District.

[Added 12-10-1998 by Ord. No. 98-17]

A. Purpose. The purpose of this district is to provide for limited office/research uses proximate to environmentally sensitive lands. This district is located within the Route 80 corridor but has unique land characteristics of freshwater wetlands, transition areas, natural woodlands, steep slopes and periodic flooding. If this land is developed, it must occur in a manner consistent with these factors. Further, the district adjoins developed residential uses which must be protected. Therefore, the district establishes regulatory standards in support of these objectives.

B. Principal permitted uses. The following uses are permitted in the LOR District:

(1) Professional, executive or administrative offices.

(2) Research laboratories and offices devoted exclusively to research, product development and testing, and engineering and sales development.

C. Prohibited uses. Any use other than those specifically permitted above shall be prohibited, and more particularly, the following uses are specifically prohibited:

(1) Pilot plants in conjunction with research facilities.

(2) Animal, viral or bacterial research.

(3) Assembly or manufacturing of any type.

D. Accessory uses. The following accessory uses are permitted:

(1) Off-street parking, including parking garages and structures.

(2) Fences and walls as permitted in § 194-55.

(3) Signs as permitted in § 194-55.

E. Conditional uses. None.

F. Required conditions. Each LOR development shall comply with the following:

(1) Minimum lot area: 20 acres.

(2) Minimum lot frontage: 250 feet.

(3) Minimum yard setbacks:

(a) Front: 100 feet.

(b) Side: 75 feet.

(c) Rear: 100 feet.

(4) Minimum setback from residential zone: 200 feet.

(5) Minimum distance between buildings: 50 feet.

(6) Maximum FAR. The total gross floor area of all buildings on any lot shall not exceed 0.10 of the total lot area.

(7) Maximum lot coverage. The maximum lot coverage at any lot by impervious surfaces shall not exceed 30%.

(8) Maximum building height. The maximum building height shall not exceed 30 feet for buildings with surface parking; nor 40 feet for buildings with a parking garage within the building.

(9) Off-street parking. The number of off-street parking spaces required shall be as set forth in § 194-55E(8).

[Amended 10-13-2016 by Ord. No. 2016-14]

(10) Landscaped buffer. A minimum landscaped buffer 50 feet in width shall be provided where a permitted use abuts a residential use or district. This landscaped buffer area may be located within the setback area and shall be attractively planted with trees, shrubs, plants and grasses necessary to create an effective visual buffer between the permitted uses and the adjoining residential areas. The use of planting berms is also encouraged. Buffer plantings adjoining parking areas, driveways, loading areas and traffic aisles shall be of evergreens a minimum of six feet in height and of sufficient density to create a solid barrier to vision at the time of planting. If sufficient natural growth exists to meet the intent of this buffer requirement, the Planning Board may waive the installation of new plantings for such areas at the time of site plan review.

(11) All delineated wetlands and transition areas which are located upon a site which is granted site plan approval by the Planning Board shall, as a condition of approval, be placed within a permanent conservation easement dedicated to the Borough.

(12) Environmental and traffic, impact statements. All development applications within the LOR District shall submit an Environmental Impact Statement and Traffic Impact Analysis in conjunction with the submission of a site plan pursuant to § 194-40.

(13) All other requirements of this chapter shall be complied with.

§ 194-63 Borough Center District.

[Added 7-8-1999 by Ord. No. 99-16; amended 11-12-2009 by Ord. No. 2009-18]

A. Purpose. The Borough Center (B-C) District and its regulations are intended to promote the appropriate development and redevelopment of a mixed-use commercial and residential downtown area of the Borough which serves the daily needs of the Borough residents and surrounding local areas. A mix of residential uses is also intended in the B-C District.

B. Permitted principal uses. The following shall be permitted principal uses in the B-C District:

(1) Individual retail stores, boutiques and specialty shops.

(2) Restaurants, cafes, taverns and other food and beverage establishments, excluding those with drive-up facilities.

(3) Banks and financial offices.

(4) Studios for instruction in the arts, dancing, music, languages, photography and similar activities.

(5) Professional, business and real estate offices.

(6) Personal service establishments limited to haircutting, tailoring, beauty parlors and retail dry-cleaning shops, not including bulk processing on or from the premises.

(7) Travel agencies.

(8) Studio, one-bedroom and two-bedroom apartments, as well as accessory apartment units consistent with the definitions and regulations of the New Jersey Council on Affordable Housing (COAH). All apartment uses are permitted only on second floors above permitted commercial uses.

(9) Single-family detached residences as permitted and regulated in the R-2 Single-Family Residence District.

(10) Municipal buildings and offices.

(11) Churches and parish homes.

(12) Theaters.

(13) Social halls, lodges and fraternal organizations.

(14) Age-restricted one-bedroom and two-bedroom senior housing units and executive temporary housing units in multiunit structures subject to the following density, bulk and coverage requirements:

(a) Minimum lot area: 3 acres.

(b) Maximum density: 12 units per acre.

(c) Minimum lot width: 100 feet.

(d) Minimum lot depth: 200 feet.

(e) Maximum building height: 3 stories/50 feet.

(f) Maximum front yard: 100 feet.

(g) Minimum side yard:

[1] One: 25 feet.

[2] Two: 50 feet.

(h) Minimum rear yard: 75 feet.

(i) Minimum open space: 30% of site area.

(j) Maximum building coverage: 25% of site area.

C. Accessory uses. The following shall be permitted accessory uses in the B-C District:

(1) Signs conforming to § 194-55H, Signs, of this chapter, as follows:

(a) Single-family residences per § 194-55H(2).

(b) Senior and executive housing per § 194-55H(3).

(c) Business uses per § 194-55H(4).

(2) Parking and parking facilities pursuant to Article VI, Site Plan Review. Off-street parking for nonresidential uses shall comply with § 194-59E, Off-street parking. Residential uses shall comply with N.J.A.C. 5:21-4.14, Parking; number of spaces; N.J.A.C. 5:21-4.15, Parking space size; and N.J.A.C. 5:21-4.16, Parking lots.

D. Prohibited uses. Any use other than the permitted uses is prohibited. The following uses are specifically prohibited:

(1) None of the foregoing uses shall be construed to include either as principal or accessory uses price or club retail or warehouse uses, auction establishments, commercial manufacturing, processing or assembly uses, warehousing or storage uses, junkyards or motor vehicle sales or service establishments.

(2) Massage parlors.

(3) Adult bookstores and entertainment uses.

(4) Rooming houses and boardinghouses.

(5) Financial service centers and tattoo parlors are not considered "retail stores, boutiques, and specialty shops" and are not permitted in the B-C District.

[Added 6-9-2011 by Ord. No. 2011-5]

§ 194-64 Conditional uses.

A. Purpose. In recognition of innovations and changes in the technology of residential land development which can be beneficial to the future well-being of the Borough, but which benefits are unlikely to be realized through the uniform treatment of area, yard and building requirements on a lot-by-lot basis, and also in recognition of certain uses which are necessary to serve the needs and convenience of the Borough, but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area, this chapter provides that such uses are declared to be conditional uses.

B. Requirement. Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Planning Board pending site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.

C. Guiding principles. In its consideration of any application for a conditional use, the Planning Board shall duly consider and take its action within the frame of reference established by the following guiding principles:

(1) Such use shall be one which is specifically authorized as a conditional use in the zone within which such particular site is located.

(2) Such use shall not be contrary to the purpose of this chapter and such use will be beneficial toward achievement of the objectives of the Borough.

(3) Such use shall adhere to the minimum standards specified for that particular use by the Schedule I, Area and Bulk Requirements,[1] the specific regulations for conditional uses and all other applicable regulations of this chapter.

[1] Editor's Note: Schedule I is located at the end of this chapter.

(4) The design, characteristics and operation of the use shall be such that the public health, safety and general welfare will be protected and reasonable consideration is afforded to the following:

(a) Existing and probable future character of the neighborhood.

(b) Conservation of property values.

(c) Traffic safety and road capacities.

(d) The existing physical environment.

(5) For every such use, the approving authority shall make its findings supported by evidence produced at a public hearing in the manner provided by law.

(6) For every such use the approving authority shall determine that the design and operation of the use shall meet the standards of this chapter and principles of good engineering and design through the process of site plan review in accordance with the Site Plan Review Article.[2]

[2] Editor's Note: See Article VI, Site Plan Review.

D. Public garages.

(1) No permit shall issue for a public garage use other than in the B Commercial Business District or any of the industrial districts, and then only after the approving authority has authorized such use and the applicant has complied with Article VI, Site Plan Review.

(2) Public garage requirements.

(a) Anything in this chapter to the contrary notwithstanding, the approving authority shall not order, direct or authorize the issuance of a permit to use any building, structure or premises as or for a public garage unless:

[1] The lot or parcel of land so to be used has a street frontage of at least 150 feet on an average depth of at least 150 feet.

[2] The walls of the building or structure are set back at least 25 feet from the front street property line and at least 25 feet from every adjoining property line.

[3] The entrance and exit driveways are at least 15 feet wide and 10 feet from the adjoining property line and at least 50 feet from the point of intersection of the right-of-way lines.

[4] Every gasoline or oil tank, pump, lift, filling, greasing or other device, appliance or apparatus is located at least 25 feet from any street right-of-way line and at least 15 feet from the side and rear lines of the premises.

[5] All storage tanks shall be installed below ground level.

[6] The nearest boundary line of the lot or parcel of land so to be used is at least 300 feet, measured in a straight line, from any boundary line of property which is used as or upon which is erected:

[a] A public or private school.

[b] A church or other place of worship.

[c] A hospital.

[d] A public library, public art museum or other public building.

[e] A public playground or civic center.

[f] A firehouse or fire station.

(b) 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.

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

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

E. Cannabis retailers, subject to the following standards:

[Added 10-12-2023 by Ord. No. 2023-16; amended 12-14-2023 by Ord. No. 2023-23]

(1) Cannabis retailers shall only be permitted within tax blocks 37, 40, 41, 42 and 43.

(2) Cannabis retailers shall be subject to site plan review and approval and shall be required to submit as part of the application an environment impact statement, a traffic study and a parking study.

(3) Cannabis retailers may be located within single or multi-tenant commercial buildings or within buildings with mixed (commercial and residential) uses.

(4) Drive-through cannabis retail operations shall be prohibited.

(5) Consumption of cannabis-related products shall be prohibited on the premises (i.e., within or outside the building).

(6) Cannabis retailers in multi-tenant or mixed-use buildings shall provide a separate exterior entrance.

(7) Cannabis retailers shall be prohibited from operating as a home occupation.

(8) Cannabis retailers shall not be located in a vehicle or any moveable or mobile structure.

(9) Cannabis retailers shall be prohibited on any property where there exists a grocery store, delicatessen, indoor food market or other store engaged in retail sales of food, or a store where alcoholic beverages are sold.

(10) No cannabis retailer shall be located within a building or property or within 800 feet of a property where there are alcoholic beverage sales by an Alcohol Beverage Control Class D license holder or an Alcohol Beverage Class C license holder acting as a Class D license holder.

(11) No cannabis retailer shall be located within 200 feet of a school, child-care facility or place of worship.

(12) No cannabis retailer shall be located within 400 feet of another cannabis retailer.

F. Billboards, subject to the following standards:

[Added 12-14-2023 by Ord. No. 2023-24]

(1) Billboards shall only be permitted within 250 feet of the Interstate 80 right-of-way as measured from the outside edge of the sign face.

(2) Billboards shall be directed to face Interstate 80 only.

(3) Billboards shall be freestanding and shall not be erected upon any building, tree, utility pole or similar structure.

(4) Billboards shall be single- or double-faced only.

(5) Billboards shall be located no closer than 500 feet from a residential zone as measured from the outside edge of the sign face.

(6) No more than one billboard shall be permitted on any single tax lot.

(7) Billboards shall be permitted on lots with another principal building or structure.

(8) The maximum billboard sign area in one direction shall be 672 square feet.

(9) The maximum billboard height shall be 70 feet as measured from existing grade to the top of the billboard.

(10) No billboard shall be located within 300 feet of another billboard as measured from the outside edge of the sign face.

(11) Billboards shall be set back a minimum of 20 feet from a street line and a minimum of five feet to an adjacent lot line as measured from the outside edge of the sign face.

(12) Billboards that use digital displays may cycle at predetermined intervals provided that the message may change no more frequently than once every eight seconds, with a transfer period of one second or less.

(13) Billboard illumination shall be concentrated on the billboard surface to avoid glare or reflection onto any adjacent street, property line or vehicular traffic travel lane.

(14) Maximum brightness levels for digital billboards shall not exceed 0.3 footcandles above ambient light levels measured within 250 feet of the sign face.

(15) Billboards shall be prohibited from containing a message or display that appears to flash, undulate, pulse, move or portray explosions, fireworks, blinking lights or otherwise appear to expand or contract, rotate or make other comparable movements.

(16) Billboards shall be exempt from § 194-55H(5)(a), which expressly prohibits off-site advertising signs within the Borough.

(17) Any application for the construction of a billboard shall require compliance with the Road Side Sign Control and Outdoor Advertising Act as found at N.J.S.A. 27:5-5, et seq.,[3] and such other laws and applicable regulations to the construction of structures and/or billboards.

[3] Editor's Note: See N.J.A.C. 16:41C-1.1.

(18) Applications for the construction of a billboard shall comply with the requirements contained within this chapter as to site plan and conditional use review procedures.

§ 194-65 Enforcement and administration.

A. Enforcement by Zoning Officer. The duty of enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have all such powers as are conferred upon such person by this chapter and as may reasonably be implied. The Zoning Officer shall be appointed by the Mayor and shall receive such compensation as the governing body shall determine.

[Amended 7-12-2001 by Ord. No. 2001-4]

B. Duties and powers of Zoning Officer.

(1) The Zoning Officer and his duly authorized assistants shall have the duty and power to inspect or examine structures and uses in the Borough of Netcong, and any plans for structures and uses, to determine their compliance with the provisions of this chapter.

(2) Violations found. Where the Zoning Officer (or his assistants) determines that a structure, use or premises is in violation of the provisions of this chapter, he shall order the owner, in writing, to remedy such condition. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such remedy, the penalties and remedies which may be invoked by the Borough and the violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey.

(3) Issuance of zoning permits. The Zoning Officer is hereby empowered to issue zoning permits in accordance with the requirements and provisions of this chapter, certifying that the plans for a use, building or structure to be established, constructed or altered are for a use permitted by this chapter for the zone in which it is located and that in all respects it complies with all applicable requirements and provisions of this chapter.

(4) Records. The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the governing body and other officials of the Borough, county or state and for public inspection by appointment.

C. Applications and appeals.

(1) Applications for detached single-family dwellings. Each application for a zoning permit for a permitted one-family dwelling unit, and accessory structures, buildings or uses related thereto, shall be made to the Zoning Officer. The Zoning Officer shall carefully consider the application and all supporting documents and thereupon make a determination of the application's compliance with the requirements of this chapter. Based upon said determination, the Zoning Officer shall either issue or deny the zoning permit for which application was made. If the Zoning Officer denies the issuance of the zoning permit, he shall state in writing to the applicant the reasons for such denial. Each application made hereunder shall be accompanied by a survey plan of the lot, derived from the Official Tax Maps or other source of similar or greater accuracy, showing the following:

(a) The location of existing and proposed structures or any additions or alterations thereto.

(b) Sufficient information and data to clearly show the applicant's compliance with the yard and building requirements of this chapter.

(2) Applications for a permitted use for all uses except detached one-family dwellings. All such applications shall be made to the Netcong Borough Planning Board in accordance with the requirements for site plan review, except as provided in this chapter.

(3) Applications for variances. All such applications shall be made directly to the Planning Board in accordance with its rules as provided in this section and in this chapter, except as provided in Article III, § 194-13, hereof.

[Amended 12-10-1996 by Ord. No. 96-14]

(4) Applications for conditional uses. All such applications shall be made directly to the Planning Board in accordance with the provisions of Article III, § 194-12G, and this section, except as provided in this chapter.

(5) Applications for appeal. All such applications shall be made directly to the Planning Board in accordance with the provisions of this chapter and this section.

[Amended 12-10-1996 by Ord. No. 96-14]

(6) Applications for interpretations. All such applications shall be made directly to the Planning Board in accordance with the provisions of this chapter and this section.

[Amended 12-10-1996 by Ord. No. 96-14]

D. Building permits.

(1) No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until procedures for issuance of a building permit have been satisfied.

(2) A building permit issued in accordance with the Building Code of the Borough of Netcong[1] pursuant to the provisions thereof shall be issued only after or coincident with the issuance of a zoning permit certifying that the application is in compliance with all provisions of the Zoning Ordinance or an approved variance therefrom.

[1] Editor's Note: See Ch. 140, Construction Codes, Uniform.

(3) A building permit shall be secured from the Building Inspector prior to the construction, erection or alteration of any building or structure, or part thereof, and prior to the putting into use of any land or part thereof.

E. Zoning permits.

(1) Zoning permits shall hereafter be secured from the Zoning Officer prior to construction, erection or alteration of any structure or part of a structure or use of a structure or land. All requests for zoning permits shall be made in writing by the owner or his authorized agent and shall include a statement of the use or intended use and shall be accompanied by a plan of the plot showing thereon the exact size, shape and location of all proposed structures and such other information as may be necessary to provide for the enforcement of this chapter. Said zoning permits shall be granted or denied within 20 days from the date that a written application is filed with the Zoning Officer.

(2) The following fees shall be paid to Netcong Borough prior to the issuance of a zoning permit:

[Amended 4-10-1984; 11-12-2020 by Ord. No. 2020-22]

(a) For a fence, shed, driveway paving, deck, patio, garage, hot tub, above-the-ground pool or other activities not specifically listed: $25.

(b) For in-ground pools: $50.

(c) For a new house, alteration or addition to an existing primary structure: $100.

F. Violations and penalties.

(1) For each and every violation of any provision of this article, the owner, contractor, or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit or take part or assist in any violation of this article, or who maintain any building or premises in which any violation of this article shall exist and who shall have refused to abate said violation within five days after written notice has been served upon him, either by mail or by personal service, shall for each and every violation be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this article.

[Amended 8-10-2006 by Ord. No. 2006-20]

(2) In addition to the powers given to the Zoning Officer as prescribed elsewhere by this article, the owner of, or any person having interest in, any property in the Borough of Netcong may make complaint for any violation of this article or any provisions or section thereof and, upon conviction, in such case, the penalties hereinbefore provided shall be imposed.

(3) In addition to the remedies herein provided, any person, persons, company or corporation violating this article or any provision or section thereof may be proceeded against by the Borough of Netcong, by the Zoning Officer, or by the owner of any property in the Borough of Netcong, by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this article.

G. Construction prior to approval. Any building permit heretofore issued pursuant to the Zoning Ordinance of the Borough of Netcong adopted in 1970, as amended, shall continue in full force and effect, provided that the holder has substantially undertaken such construction on the date of adoption of this chapter.

H. Appeals, variances and other proceedings.

(1) General. Procedure on all appeals, petitions and other matters before the Planning Board shall be governed by the provisions of the Revised Statutes and by the officially adopted rules of procedure of the Board. The Chairman or, in the event of his absence or of his physical disability, the Vice Chairman and the Secretary shall sign all orders or instructions to the Construction Official or Zoning Officer pertaining to matters relating to this chapter.

[Amended 12-10-1996 by Ord. No. 96-14]

(2) Public hearings. Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice, and no action shall be taken respecting such matter until all interested parties present shall have been given an opportunity to be heard.

(3) Notification of public hearing. The Planning Board shall fix a reasonable time for the hearing of the appeal, application or other matter. Public notice of the hearing shall be given in accordance with Article V, § 194-26, hereof.

[Amended 12-10-1996 by Ord. No. 96-14]

(4) Procedures for variances.

[Amended 12-10-1996 by Ord. No. 96-14]

(a) Applications for development may be filed with the Planning Board for action under any of its powers without prior application to the Zoning Officer.

(b) A copy of the Planning Board review and report shall be furnished to the applicant.

§ 194-66 Decisions.

[Amended 12-10-1996 by Ord. No. 96-14]

A. The Planning Board shall render a decision not later than 120 days after the date an appeal is taken from the decision of the Zoning Officer, or not later than 120 days after the date of submission of a complete application to the Planning Board where no prior application was made to the Zoning Officer. Failure of the Board to render a decision within such one-hundred-twenty-day period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.

B. All decisions of the Planning Board shall be final.

C. Where the Planning Board has rendered a decision, the following procedure shall be followed:

(1) Each decision shall be in writing and shall include findings, facts and conclusions based thereon.

(2) A copy of the decision shall be mailed by the Planning Board within 10 days of the date of the decision to the applicant, or if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed with the Zoning Officer as well as in the file of the Secretary of the Planning Board.

(3) A brief notice of the decision shall be published in the official newspaper of the municipality. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.

(4) In any case where the Planning Board has ruled favorably on an application, the Zoning Officer shall be directed to issue a zoning permit in accordance with the decision of the Planning Board, subject to any conditions as may be imposed thereon.

§ 194-67 Appeals to the Planning Board.

[Amended 12-10-1996 by Ord. No. 96-14]

A. Appeals to the Planning Board may be taken by any interested party affected by any decision of an administrative officer based upon or made in enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing an application for appeal with the Municipal Clerk specifying the grounds for such appeal.

B. The Planning Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from.

C. An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer, department or board from whose action the appeal is taken certifies to the Planning Board, after the notice of appeal shall have been properly filed, that, by reason of facts stated in such certification, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order which may be granted by the Planning Board or by the Superior Court on application upon notice to the officer, department or board from whom the appeal is taken and on due cause shown.

§ 194-68 Interpretation of Zoning Map or provisions.

[Amended 12-10-1996 by Ord. No. 96-14]

Whenever the Zoning Officer or Planning Board is unable to establish the location of a zone boundary in accordance with the rules therefor established by this chapter or whenever an applicant disagrees with the determination of a zone boundary location by the Zoning Officer or whenever any party requires an interpretation of such other information as may be shown on the Zoning Map or in the Zoning Article, application for said interpretation shall be made to the Planning Board.

§ 194-69 Expiration of variance.

[Amended 12-10-1996 by Ord. No. 96-14]

Any variance from the terms of this chapter hereafter granted by the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within nine months from the date of entry of the judgment or determination of the Planning Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

§ 194-70 Appeals to governing body.

[Amended 12-10-1996 by Ord. No. 96-14]

Any interested party may appeal to the governing body any final decision of the Planning Board approving an application for use variance. Such appeal shall be made within 10 days of the date of publication of such final decision. The following procedure shall be followed:

A. The appeal to the governing body shall be made by serving the Municipal Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board. A fee of $100 shall accompany this notice.

B. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Article V, § 194-26H, and to the Board from which the appeal is taken at least 10 days prior to the date of the meeting. The parties may submit oral and written arguments on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to Article V, § 194-26.

C. The governing body shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents in writing to an extension of such period. The appellant shall arrange for a transcript pursuant to Article V, § 194-26, or otherwise, for use by the governing body. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.

D. The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board.

E. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of either Board.

F. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Board, that by reasons of facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Board from whom the appeal is taken and on good cause shown.

G. The governing body shall mail a copy of the decision to the appellant, or if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.

H. Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.