Borough of Pompton Lakes, NJ Article IV Zoning

§ 190-14 Applicability.

A. Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals and general welfare consistent with the purposes set forth at N.J.S.A. 40:55D-2. Any deviation from the requirements of this article shall require a variance pursuant to N.J.S.A. 40:55D-70c or 40:55D-70d or N.J.S.A. 40:55D-60a.

B. Construction. It is not intended that this article repeal, abrogate, annul or in any way impair or interfere with existing provisions of other ordinances, except those specifically replaced by this deed, covenant or other agreement. However, where this article imposes a greater restriction upon land, building or structures than is imposed by existing provisions of ordinance, contract or deed, the provisions of this article shall control. Where the provisions of this article are to become repugnant to state or federal law and cannot be reconciled therewith, the provisions of such law shall govern.

§ 190-15 Establishment of zones; Zoning Map; Bulk Requirement Schedule.

A. Zone districts. For the purposes of this chapter, the Borough of Pompton Lakes is hereby divided into districts as follows:

[Amended 11-28-2007 by Ord. No. 07-20; 7-20-2011 by Ord. No. 11-08; 2-27-2019 by Ord. No. 19-09; 4-10-2019 by Ord. No. 19-13]

R-1	Environmentally Sensitive District
R-3	Detached Single-Family Residence District
R-4	Detached Single-Family Residence District
R-5	Attached Single-Family Residence District
R-6	Multifamily District
R-7	Affordable Housing District 1
R-8	Affordable Housing District 2
R-9	Multifamily District
R-10	Affordable Housing District 3
B-1	Business District
B-2	Business District/Professional Office
M	Manufacturing-Industrial District
C-R	Conservation-Recreation District
O-S	Public Open Space
DBD-1	Downtown Business District 1
DBD-2	Downtown Business District 2
GWD	Gateway District
CBR	Cannonball Road District
DRA-1	Downtown Redevelopment Area-1 [Added 7-20-11 by Ord. No. 11-08]
DRA-2	Downtown Redevelopment Area-2 [Added 7-20-11 by Ord. No. 11-08]
HRA-1	Hamburg Redevelopment Area [Added 2-27-2019 by Ord. No. 19-09]
HI	Hybrid Industrial District [Added 4-10-2019 by Ord. No. 19-13]

B. Zoning Map and schedules. The Borough governing body has reviewed and approved the revised Map in the Borough of Pompton Lakes.

(1) Zoning Map. The Official Zoning Map dated July 13, 2020, is hereby adopted as the Official Zoning Map of the Borough and shall be included in the zoning provisions of the Borough Administrative Code. The Zoning Map may be found attached to this chapter as Chapter 190 Attachment 14, Zoning Map.

(Map dated 7-1-1993, 11-23-1998 by Ord. No. 98-09; 11-21-2011 by Ord. No. 11-26)

[Amended 9-23-2020 by Ord. No. 20-20]

(a) Zoning Map Amendments:

Ord. No. 19-13: Deleted the PRC Planned Recreational District from Zoning Districts list and added HI Hybrid Industrial District; deleted PRC label from the zone and added HI label to the zone (note there is only one location on the map that has the PRC zoning district).

[Added 4-10-2019 by Ord. No. 19-13]

(2) The Schedule of Zone Districts summarizing the required conditions for each district shown on the Zoning Map are hereby declared to be a part of this chapter. The Schedule of Zone Districts may be found attached to this chapter as 190 Attachment 1.

C. Interpretation of boundaries. The zone district boundary lines are intended generally to follow street center lines, existing lot lines, center lines of railroad right-of-way and the like as indicated on the Zoning Map. Where a zone district boundary line does not coincide with any such line as above set forth, its location or relation to another boundary line shall be as designated on the Zoning Map by means of figures or dimensions expressing distance in feet from a street side line or other boundary line. In cases of uncertainty or disagreement as to the true location of any zone district boundary line, the determination thereof shall lie with the Board of Adjustment.

§ 190-16 General provisions, supplementary regulations and exceptions.

A. Provisions of article applicable to all zones. Each of these conditions and provisions of this article shall apply to all zones unless otherwise stated.

B. Zoning affects all structures, buildings and land and the uses thereof. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the one district in which such land, premises, building or structure is located.

C. Nature and extent of uses of land. The control and regulation of the uses of buildings and structures by this chapter shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.

D. Prohibited uses. Where a use is not specifically permitted in any zone under this chapter, it shall be prohibited, except in the case of a nonconforming use or uses that were granted by a use variance.

E. Subdivision of lot. Whenever a new lot or lots is or are formed from a part of any other lot or lots, the assembly or separation shall be affected in such a manner as not to impair any of the requirements of this chapter.

F. Limits on number of buildings per lot. 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:

(1) Attached single-family residences in condominium ownership.

(2) Garden apartment developments.

(3) Townhouses and apartments in the R-7, R-8, R-9 and R-10 Districts.

(4) Public or institutional building complexes.

(5) Retail shopping or service facilities developments.

(6) Industrial or manufacturing building complexes.

G. Accessory buildings and structures.

(1) Regulations.

(a) No accessory building or structure shall be built on any lot on which there is not a principal building or structure.

(b) No trailer or mobile home shall be used in any zone district as an accessory building or structure.

(c) No accessory building or structure shall have a ground floor area greater than 50% of the ground floor area of the principal building or structure on the same lot.

(d) No accessory building or structure shall be permitted in a front yard.

(2) Setbacks.

(a) Residential districts.

[1] Minimum side setback: 10 feet.

[2] Minimum rear setback: 10 feet, or when the rear yard abuts the side yard of a contiguous property, 15 feet.

[3] Minimum distance between buildings or principal building: 12 feet.

[4] Maximum height: 16 feet or the height of the principal structure, whichever is less.

[5] Accessory buildings on corner lots shall not be erected nearer to any street side line than the front yard setback required on the lot adjacent to the side lot line of the lot upon which the accessory building is located.

[6] Storage shed, private use. An accessory building or structure, only for the storage of tools, implements, appliances and other items incidental to the care and upkeep of the dwelling unit or structure on the lot and not for commercial use, shall not have to meet the minimum side setback or rear setback requirements as stated in this section but shall continue to meet the front yard setbacks as required in this chapter. The new requirements for the structure as defined herein shall be placed no closer than five feet as to the minimum side yard and rear yard setback requirements.

[Added 8-16-2006 by Ord. No. 06-17; amended 5-23-2012 by Ord. No. 12-04]

[7] Increasing the height of a structure that does not increase encroachments into side yard, rear yard or front yard setbacks as contained in this chapter and section. It has been determined that when a structure has previously received a proper variance from the front, rear, or side yard requirements of this section and other requirements of this chapter concerning residential districts, or if the structure has been determined to be a nonconforming structure that is a proper and accepted exception to these requirements in residential districts, as to these structures only, an addition to the height of this structure that does not encroach further into the minimum requirements of front, rear, or side yard shall be allowed without the necessity of applying for a variance as long as it does not violate any other section of this chapter.

[Added 8-16-2006 by Ord. No. 06-17]

(b) Nonresidential districts.

[1] Minimum side setback: side yard setback of the principal building.

[2] Minimum rear setback: 1/2 of the rear yard setback for the principal building.

[3] Minimum distance between buildings: 20 feet or the height of the accessory building, whichever is greater.

[4] Maximum height: 1/2 the height limitation of the principal building.

H. Fences and retaining walls.

(1) Fences may be in the front yard, provided that they shall not exceed four feet in height measured from the ground level and shall be constructed so that at least 50% thereof is open.

[Amended 2-24-2021 by Ord. No. 21-11]

(2) In residential districts, fences and walls located in other than a required front yard shall not exceed six feet in height measured from the ground level. Any fence in excess of six feet, such as that required around a tennis court, shall require a variance and shall meet the minimum side and rear yard requirements for accessory buildings. In nonresidential districts, open wire fences not exceeding eight feet in height measured from the ground level may be erected in the rear or side yard and behind the building setback line. Walls and other types offences shall not exceed six feet.

(3) All fences or walls shall be constructed so that a finished side faces outward away from the property on which it is constructed.

(4) No fence or wall shall be constructed of any material harmful to humans or animals.

(5) No fence or wall exceeding three feet shall be erected along a property line without a construction permit. In considering applications for the erection of a fence or wall, the Construction Code Enforcement Official may require a survey showing the proposed location of the fence or wall with respect to the existing property lines.

(6) Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

(7) Notwithstanding the preceding provisions of this section, the following provisions shall be complied with:

(a) Screening and buffering shall be as specified in § 190-161.

(b) Private swimming pools shall be fenced as specified in § 190-16J.

(c) No fence or wall shall be located within a clear sight triangle.

(8) Retaining walls exceeding two feet in height but less than four feet in height in any zone require a zoning permit. Retaining walls four feet in height or greater require a building permit.

[Amended 10-28-2009 by Ord. No. 09-21]

I. Buffers and screens.

(1) Buffers. Buffers shall be required on all lots zoned other than residential or used for nonresidential purposes where said lot or lots abut a residentially zoned lot or lots. Additionally, development in the R-5 District which abuts an existing residential use shall require buffers.

(a) All buffers shall be a minimum of 10 feet in width.

(b) No construction shall occur within any buffer area except for the following, if specifically approved by the Board:

[1] Drainage improvements.

[2] Underground utilities.

[3] Pedestrian and bicycle paths.

[4] Crossing of access roads.

(c) No removal of existing vegetation shall occur in any buffer unless said removal is in conjunction with construction or selective thinning of trees approved by the Board and subject to local ordinance requirements.

(2) Screens. Where required elsewhere in this chapter, screens shall be provided through landscaping or other means as approved by the Board. Such screens shall be designed and constructed in such a manner as to provide a soil barrier obstructing the view of the area to be screened and to inhibit sound originating on the site on a year-round basis.

(a) All screens shall be shown on the landscape plan.

(b) Where nonresidential uses abut residentially zoned lots, and where existing vegetation within the buffer does not provide adequate screening, screening shall be provided in accordance with the above, unless the Board shall determine that, because of the design of the site, screening is not necessary.

(c) Required screens shall not be subject to the height limitations applicable to fences.

(d) All parking areas shall be effectively screened with plantings consisting of continuous or dense evergreen hedge or other dense shrubbery or by means of walls or fencing on any side which abuts or faces a residential zone.

(e) Screens shall be at least six feet in height and shall be permanently maintained by the property owner to ensure continued effectiveness.

J. Private swimming pools.

(1) Area. The surface area of a private swimming pool and all other related impervious areas, including coping, decks and/or walkways surrounding the pool, cabanas, pump and filter equipment or housing hereafter constructed or enlarged shall not exceed 1,500 square feet.

(2) Location.

(a) No private swimming pool, or associated structures, shall be permitted in any front yard. Pools must meet the accessory structure side yard setback for the zone district in which the lot is located.

(b) If located in the side yard, no part of a private swimming pool, or associated structures, shall be closer to the side property line than the required side yard setback for a structure for an accessory use.

(c) On corner lots, no part of any private swimming pool, or associated structures, shall be constructed within the front yard requirement of either street.

(d) No private swimming pool shall be closer than 15 feet to any on-site sanitary disposal system or part thereof, provided that this requirement shall not apply to any property which is served by and connected to a public sanitary sewer system.

(e) The owner shall furnish a survey by a licensed surveyor or engineer.

(f) No pool shall be closer than 12 feet to any accessory or principal building.

(g) Notwithstanding any other language in the Code to the contrary, swimming pools are provided with a separate maximum coverage percentage of 20% apart from building coverage.

[Added 2-14-18 by Ord. No. 2018-06]

(3) Fencing. The entire swimming pool area shall be fenced. Said fence shall be a minimum of four feet in height and a maximum of six feet in height and shall be of such design that it controls access to the pool area. Where the pool is installed on a corner lot, and the fence is not a solid fence, the side nearest the street shall be screened with shrubs not less than four feet in height and forming a visual barrier.

(4) Drains. No pool shall drain into a public sanitary or storm sewer without a permit from the New Jersey Department of Environmental Protection and Energy (NJDEPE) and the Pompton Lakes Municipal Utility Authority or be located in such a manner that the water from the pool drains onto another property.

(5) Lighting. Artificial lights used or maintained in connection with a private swimming pool shall be so located so that no illumination will result in glare beyond the lot lines.

K. Outdoor storage.

(1) Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones.

(2) Material stored outdoors shall be located within the minimum required accessory building setback lines.

(3) In all nonresidential zones, where not specifically prohibited, outdoor storage is only permitted in the side and rear yard as herein regulated. No article, equipment, vehicles, supplies or materials or other matter shall be kept, stored or displayed outside the confines of any building unless and until the same is screened by special planting or fencing, as approved by the Board, and maintained in good condition, so that it shall not be visible from any adjacent property or public street.

(4) Where otherwise permitted by this chapter, the display of new and used motor vehicles as a permitted accessory use in a nonresidential zone district shall be required to be screened by a planting or fence, so that said use is not visible from any abutting public street.

L. Trailers, mobile homes and recreational vehicles.

(1) Trailers, mobile homes and recreational vehicles as defined herein shall be stored in accordance with Subsection L(2) below, except that with respect to a trailer set up for use in connection with a construction project in any zone, the following shall apply:

(a) A trailer may be set up for use in connection with a construction project in any zone for a period not to exceed 90 days, provided that an occupancy permit therefor has been obtained from or reissued by the Construction Official, who is hereby authorized to issue such permits. Any violation of any provisions in this chapter, or the provisions of any ordinance, shall void said permit and a trailer may be subject to immediate removal from the Borough and such other actions the governing body may consider necessary.

(2) Parking or storage of mobile homes, trailers and recreational vehicles.

(a) Parking or storage restricted; use as dwelling prohibited. No person shall park or store a mobile home, trailer or recreational vehicle as defined herein in Article II in the open on any street, highway or other public place within the Borough of Pompton Lakes or on any lot or tract of land therein, whether occupied or unoccupied except that any such structure or vehicle may be parked in a garage or parked or stored by the owner thereof as hereinafter set forth. No such structure or vehicle, while stored or parked as permitted in this section, shall be occupied or used for dwelling purposes.

(b) Under no circumstances shall any such structure or vehicle, other than any construction trailer actually used in conjunction with construction upon construction sites, be used for dwelling purposes, human habitation or occupancy of any kind or nature; nor shall the same be connected to any water main, sewer, gas, electric or other utility. Trailers used in connection with construction shall receive a trailer permit to park from the Construction Official who shall have reasonable discretion to regulate the place of parking, use, location and length of stay.

(c) No mobile home, trailer or recreational vehicle shall be parked in the front yard of any residential dwelling. Whenever possible, all such vehicles shall be parked and stored by the owner thereof in that half of the rear yard closest to such primary structure of the dwelling and then only in such fashion that no part of such structure or vehicle shall project beyond the outside walls of the dwelling or above the highest point of the lowest roof thereof. The Construction Official or Zoning Official shall have authority to determine when it is not possible to park said vehicle or trailer in the rear yard or whether, because of topography, property layout or other aesthetic considerations, it is more feasible to park as otherwise provided herein. In such cases, the trailer or vehicle may be parked or stored in the other half of the rear yard or in the side yard, but no such trailer or vehicle shall be parked or stored in such manner as to violate the side yard requirements for the zone district in which the dwelling is located.

(d) All mobile homes, trailers and recreational vehicles not stored in an enclosed garage shall be reasonably screened. Screening may consist of trellis, latticework, decorative block, basket weave fencing, open artistic block or other similar material at least four feet in height, approved by the Construction or Zoning Official, or may be shrubbery at least four feet in height. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted is subject to revocation by the Construction or Zoning Official. All screening shall also conform to any other Borough ordinance, including those concerning fences. The requirements of this subsection shall not apply to a construction trailer.

(e) No motor home, trailer or recreational vehicle shall be parked, placed, kept or maintained on any lot or tract other than the lot upon which the principal residence of the actual owner of the same is located.

(f) Any motor home, trailer or recreational vehicle parked or stored in accordance with the terms of this chapter must:

[1] Be currently licensed for use upon the highways of this state in accordance with the laws of the state, if such licensing is required.

[2] Comply with any and all provisions of N.J.S.A. 39:1-1 et seq., relating to trailers, if applicable.

[3] Be stored or parked in collapsed condition if a collapsible trailer.

(g) Temporary parking. Any provision of this section notwithstanding, a trailer may be parked, placed or located off the street for a period not to exceed 48 hours while engaged in the process of loading or unloading; and any motor home, trailer or recreational vehicle may be parked in a driveway from sunset to sunrise the following morning where such structure or vehicle is then being used for recreational purposes.

(h) Temporary parking for transients. Transients and visitors to the Borough may park trailers in a driveway, side or rear yard of an occupied dwelling for a period of time not to exceed 10 cumulative days, provided that such transient or visitor makes immediate application to the Construction or Zoning Official for a permit to park on the premises of the occupied dwelling. Not more than one such permit shall be issued to any one owner or operator in a twelve-month period. No permit shall be granted unless the parking is without charge therefor.

(i) Emergency parking or stopping. Emergency or temporary parking or stopping of a motor home, trailer or recreational vehicle is permitted on any street or highway within the Borough for not longer than one hour subject, however, to any other and further prohibitions or limitations imposed by the traffic and parking regulations for that street or highway.

(j) Exceptions. Anything herein to the contrary notwithstanding, a trailer may be temporarily parked or stored in the open in connection with:

[1] A public health program sponsored by the Board of Health of the Borough or other public agency.

[2] A program sponsored by any public board or agency of the Borough or of its Board of Education.

[3] A carnival or other affair or function authorized by the Borough Council.

M. Parking of commercial vehicles in residential districts.

(1) No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 10,000 pounds or having more than two axles shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

(2) Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 10,000 pounds or less, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

N. Earth station antenna (satellite dish). Earth station antennas are permitted in any zone as an accessory use, as said term is defined in this chapter, and shall be subject to all regulations set forth herein governing the location and height of accessory buildings as well as those further regulations and conditions set forth in this subsection.

(1) The diameter of earth station antennas (parabolic dish) shall not exceed 12 feet.

(2) The maximum height of antennas and mounting structures, measured vertically from the highest point of the antenna when positioned for operation, shall not exceed 13 feet above the ground (unless an integral part of another structure in which event the height limitation on such structure shall control).

(3) No ground-level earth station antenna shall be closer to the property lines than the required setback for accessory buildings or a distance equal to the height of the antenna, whichever is greater.

(4) Every earth station antenna shall be screened by a special planting or fences, as required and approved by the Zoning Officer or Construction Official, which shall be maintained in good condition, so that the earth station antenna shall not be readily visible from any adjacent property or public street.

(5) Power control and signal cables from or to the earth station antenna shall be installed in accordance with the Uniform Construction Code.[1]

[1] Editor's Note: See Ch. 87, Construction Codes, Uniform.

(6) A building permit shall be required for all such antenna receivers regardless of the type of construction.

O. Public utilities. Public utility distribution facilities required for direct local service may be located anywhere within the Borough where reasonably necessary, provided that such facilities are placed within the rights-of-way of existing roads and streets or in utility easements. Public utility buildings or structures, other than those provided for in the foregoing sentence, shall not be located in any zone unless approved by the Board as a conditional use under N.J.S.A. 40:55D-67 and in accordance with the provisions of this article.

P. Visibility requirements. On any corner lot in any zone, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within 50 feet of the intersection formed by the projections of the two street side lines at the corner.

Q. Signs.

(1) Permit. It shall be unlawful for any person to erect, paint or relocate any signs as defined by this chapter within the Borough of Pompton Lakes without first obtaining a sign erection permit from the Construction Official. The Construction Official shall issue permits only for such signs as are specifically allowed for the particular premises and zone district in which the premises is located.

(2) Sign area measurement. The area of a sign shall be computed as the total square-foot content of the background upon which the lettering, illustration or display is presented, including any wall support or frame. If there is no circumscribed background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. For signs with two display faces the maximum area requirement shall be the sum of both sides. Signs with more than two display faces, are prohibited. A double-faced sign having an included angle of over 45° is prohibited.

(3) General sign provisions.

(a) Any signs not specifically permitted are hereby prohibited.

(b) No signs, except special event signs, shall be placed on private or public property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.

(c) No sign shall be located in such a manner as to materially impede the view of any street or intersection.

(d) Except where otherwise provided, no sign, or any part thereof, shall be located closer than 10 feet to any lot line.

(e) All height limitations shall be measured from ground level to the highest part of the sign or its supporting structure, whichever is higher.

(f) Signs erected flat against the side of a building shall not extend above the height of the vertical wall or cornice to which they are attached.

(g) No permanent marquees or canopies shall extend over a required front yard or over a public walk.

(h) Whenever a parcel is bordered by more than one street, additional signage may be permitted by the Board, in accordance with the standards of this subsection, for each major street upon which the parcel fronts.

(i) All illuminated signs shall be either indirectly lighted or of the diffusely-lighted-type. No sign shall be lighted by means of flashing, revolving or intermittent illumination. All lights used for the illumination of any use or building or the areas surrounding them or for the illumination or display of merchandise or products shall be completely shielded from view of vehicular traffic using any public thoroughfare.

(j) Temporary construction signs used as accessory to new construction or alteration on the premises are permitted only after a construction permit for said construction and sign has been issued; provided, however, that said temporary sign shall not be larger than 32 square feet and must be removed either prior to the issuance of a certificate of occupancy for said construction or within seven days of the completion of the alteration or renovation.

(k) Real estate signs are permitted without a permit in all zones, provided that each complies with all of the following requirements:

[1] It is nonilluminated.

[2] It must pertain only to the lease, rent, future use or sale of the premises upon which it is placed.

[3] It shall not exceed six square feet in area per side in residential and 20 square feet in area per side in nonresidential.

[4] It shall be removed within seven days after the consummation of the lease, rent or sale transaction.

(l) Signs deemed necessary to the public welfare by the Borough, including but not limited to customary "no trespassing" and traffic or circulation directing signs, are permitted without a permit in all zones. Such signs shall not pertain to any company, individual or business establishment or organization, fraternal or otherwise.

(m) A sign not more than eight square feet in area advertising the name of a church on the church premises, its pastor and its coming activities is permitted in all zones.

(n) One nonilluminated temporary sign of not more than eight square feet in area announcing a political campaign shall be permitted. Such signs shall be removed within 48 hours following the election to which they pertain.

(4) Construction.

(a) All signs shall conform to the structural requirements of the New Jersey Uniform Construction Code.

(b) Freestanding signs shall be supported by posts or pylons of durable materials which may include concrete, steel, treated wood, other suitable materials or any combination of the same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.

(c) Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper nonrusting hardware of the expansion type shall be used. The use of wood or fiber plugs is prohibited.

(5) Maintenance. If the Construction Official shall find that any sign is unsafe, insecure or in need of repair, or is not maintained in proper painted condition, the Construction Official shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within 30 days after such notice, such sign may be removed by the Construction Official at the expense of the permittee or owner of property on which it is located.

(6) Signs in the residential districts. In the residential zones, only the following signs shall be permitted in addition to the signs as permitted in Subsection Q(3) above:

(a) For single-family dwellings, one nameplate sign or a customary sign for permitted uses as conditional uses, not more than two square feet in area; provided, however, that no sign shall be placed within 10 feet from any property line nor may it be an electrified or an internally lit box-type sign.

[Amended 8-15-1995 by Ord. No. 95-12]

(b) Signs in connection with each housing or land development as follows:

[1] At the main entrance to the development, two freestanding signs which shall state the name of the development and no other advertising material. Each sign shall not exceed 15 square feet in area and six feet in height.

[2] At each entrance other than the main entrance, one freestanding sign not exceeding 10 square feet in area and not more than six feet in height.

[3] At the rental or sales office of the development, one freestanding sign advertising the office not to exceed 15 square feet in area and not more than five feet in height.

[4] Signs may be illuminated if they are internally lit or, if externally lit, the source of light is completely screened and shielded to illuminate only the face of the sign.

(7) Signs in commercial, business and mixed-use districts. In the B-1, B-2, DBD-1, DBD-2, GWD, CBR and HI Zone Districts, no signs other than those accessory to the business conducted on the premises are permitted.

[Amended 11-28-2007 by Ord. No. 07-20; 2-14-18 by Ord. No. 2018-06; 4-10-2019 by Ord. No. 19-13]

(a) One facade sign may be placed or inscribed upon the front facade of a building for each permitted use or activity. Said signs shall not exceed an area equal to 10% of the front wall area of the building or portion thereof devoted to such use or activity, and the sum of the area of all facade signs shall not exceed 10% of the total front wall area. Businesses located in corner buildings are permitted one sign for each street frontage.

(b) One freestanding sign not exceeding 15 square feet in area nor 10 feet in height shall be permitted; provided, however, that where more than one use exists in a building, or where two or more buildings share common site elements or are located on the same lot as indicated on an approved site plan, only one freestanding sign shall be permitted. No freestanding sign shall be located in an area within 25 feet of any boundary of a residential zone.

(c) Signs are permitted in the window of any business located in the B-1, B-2, DBD-1, DBD-2, GWD, CBR and HI Zone Districts. The total sign area for signs in the window shall not exceed 30% of the area of the face of the window upon which said sign is attached, including the windows of glazed doors. Door signage shall be limited to information related to store hours, address and credit card information which is accepted for payment.

(8) Sign regulations for gasoline service stations. Notwithstanding any other provisions of this chapter, gasoline service stations, where permitted, may display only the following signs which are deemed customary and necessary to their respective business:

(a) One freestanding sign advertising the name of the station and the principal products sold on the premises, including any special company or brand name, insignia or emblem and price information, provided that the total area of such sign shall not exceed 90 square feet in area on each side and that each component of such sign shall not exceed 50 square feet. Such sign shall be placed not less than 10 feet within the property line, and no portion of said sign other than supporting members shall be less than 10 nor more than 25 feet above the ground.

(b) No permit for a freestanding pylon sign shall be issued unless two sets of detailed plans of the sign, structure and foundation have been submitted and approved by the Board. Such plans shall show the wind resistance calculations and shall bear the signature and seal of an architect or professional engineer registered in the State of New Jersey.

(c) Facade signs for each face of the building fronting on a road or street not in excess of 10% of the wall area or 15 square feet, whichever is the lesser.

(d) Directional signs or lettering displayed over individual entrance doors or bays or pumps, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty," "fuel," "diesel" or other words closely similar in import, provided that there shall be not more than one such sign over each entrance, bay or pump, the letters thereof shall not exceed 12 inches in height, and the total area of each sign shall not exceed three square feet.

(e) Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other sign required by law and not exceeding a total of two square feet on each pump.

(f) One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that such sign does not exceed six square feet in area.

(g) No streamers, signs or any other article shall be attached to any permitted sign or sign structure.

(9) Prohibited signs. The following signs are prohibited in all zones in the Borough.

(a) Signs using red, yellow and green lights which might be confused with the operation of any traffic control signal.

(b) Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.

(c) Signs using neon lights or any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.

(d) Any sign which unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.

(e) Roof signs.

(f) Signs or advertising matter of an indecent or obscene nature.

(g) Signs using words such as "stop," "look," "danger," etc., which are placed in a manner or position which constitute a traffic hazard or otherwise interfere with the free flow of traffic.

(h) Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

(i) Except where specifically permitted, signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected.

(j) Signs causing interference with radio or television reception.

(k) Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

(l) Signs placed on awnings, trees, fences, utility poles, light poles; signs attached to other signs; and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign; but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

(m) Any series of two or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.

(n) A sign on a motor vehicle, truck or trailer, whether or not operational and whether or not self-propelled, which is used or parked or designated to be parked for advertising purposes. Specifically exempted from this section are those signs, nameplates or letters affixed to or printed upon commercial vehicles regularly used in the course of business for regular deliveries, pickups or other such purposes and/or in compliance with the provisions of N.J.S.A. 39:4-46. Specifically included are signs on vehicles, trailers and the like which have as their prime purpose the advertising of goods, wares, or services of a business which are maintained in a stationary manner at one or more locations for extended periods of time.

(10) Signs permitted without a permit. The following signs shall be permitted in any zone in the Borough without a permit, assuming they comply with all other requirements of the local ordinances of the Borough:

(a) Nonilluminated directional signs identifying parking areas, loading zones, entrances, exits and similar locations. The signs may include a business name or professional name, but shall not include any advertising message and shall not exceed three square feet.

(b) Temporary and permanent traffic signs and signals installed by the Borough, county or state for the purpose of directing and regulating the flow of traffic.

(c) Signs indicating public transportation stops when installed by the Borough or a public transportation utility.

(d) Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six square feet in area and which are installed by government agencies or civil or religious organizations.

(e) Warning and nontrespassing signs not exceeding three square feet in area.

(f) Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules promulgated by the federal government.

(g) Name and number plates identifying residents and affixed to a house, apartment or mailbox not exceeding 72 square inches in area.

(h) Lawn signs identifying residents not exceeding two square feet in area for each side. The signs shall not contain any advertising message and shall be nonilluminated except by a light which is an integral part of a lamppost if used as a support.

(i) Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

(j) Signs which are an integral part of vending machines, including gasoline pumps and milk machines, provided that they do not exceed two square feet in area.

R. Yards.

(1) There shall be provided for every lot front, rear and side yards as required in the zone district in which said lot is located unless otherwise regulated by this subsection. All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located; provided, however, that on streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet; and provided, further, that any lot which abuts a street with a proposed right-of-way greater than 50 feet in width as shown on the Master Plan of the Borough of Pompton Lakes, adopted pursuant to Chapter 291 of the Laws of New Jersey 1975, shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan.

(2) No open space which has been counted or included as part of the side yard, rear yard, front yard, court or other open space as required by this chapter for one building or lot may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building or lot.

S. Corner lots. All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirements of the zone in which said lot falls. All yards other than front yards of a corner lot shall be construed as side yards and shall conform to the side yard setback requirement of the zone in which said lot falls; provided, however, that nothing contained in this subsection shall be construed to permit a building closer to any property line than that as permitted and regulated in this subsection.

T. Height exceptions.

[Amended 11-21-2011 by Ord. No. 11-24]

(1) The height limitations required in each zone district shall not apply to church steeples. Church buildings, hospitals for humans, public school buildings and structures, masts, flagpoles, household receiving antennas or any municipally owned, leased or operated building, structure or use shall not exceed 50 feet in height or the height set for the zone district in which it is located, whichever is greater.

(2) New construction and the substantial improvement of any principal dwelling or commercial building, including attached garages, in a Special Flood Hazard Area (SFHA) shall have the lowest floor elevated to a height of 30 inches above the base flood elevation. No basement may be constructed in any Special Flood Area. The maximum height required by the individual zone district shall apply, (see 190 Attachment 1-Schedule of Zoning Districts) where the maximum height in a SFHA shall be measured from the base flood elevation in to the highest point of the roof (Figure A). In all Special Flood Hazard Areas, the standards specified in § 160-16 and current NJDEP Stormwater Management Rules, which require zero net fill in a floodplain, shall apply. The extent of the Special Flood Hazard Area within Pompton Lakes is delineated in Figure B: Special Flood Hazard Area in Pompton Lakes.

(3) In areas where the base flood elevation has not been determined, the applicant must determine the base flood elevation in accordance with the current NJDEP Flood Hazard Area regulations and obtain the Borough Engineers Approval.

Figure A: Measuring Building Height in a Special Flood Hazard Area

Figure B: Special Flood Hazard Area Delineation in Pompton Lakes

U. Adult entertainment.

[Added 8-15-1995 by Ord. No. 95-12]

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT

Live entertainment, magazines, books and sexual aids which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas, either for observation or participation or use by patrons or customers of the establishment.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Acts of human masturbation, sexual intercourse or sodomy.

(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(2) No person or persons, partnership, corporation, sole proprietorship, theater, club, cabaret, store or other business entity shall exhibit or allow or cause to be exhibited upon its premises, for profit, adult entertainment within 1,000 feet of a public or private schoolhouse within the Borough of Pompton Lakes, New Jersey. The districts involved within 1,000 feet of a school, as defined in this subsection, shall be delineated as set forth in a map prepared by Canger & Cassera entitled "School Location Map, Areas Within 1,000 Feet," dated September 21, 1987, which consists of seven sheets delineating all areas within 1,000 feet of a school. The measurement from the school shall be 1,000 feet from the boundaries of the property of the school, not the school structure itself.

(3) No person under 18 years of age shall be allowed upon the premises of any person or persons, partnership, corporation, sole proprietorship, theater, club, cabaret, store or other business entity within the Borough of Pompton Lakes exhibiting or allowing or causing to be exhibited adult entertainment, for profit, during such an exhibition. Each violation of this subsection shall constitute a separate offense punishable by a fine of not less than $100 each for the owner or operator and the underaged individual. For establishments that serve liquor and qualify for the activity as delineated in this subsection, the age will be 21 years of age and not 18.

(4) No person or persons, partnership, corporation, sole proprietorship, theater, club, cabaret, store or other business entity shall exhibit or allow or cause to be exhibited adult entertainment upon its premises, for profit, before the hour of 8:00 p.m. or after the hour of 1:00 a.m., prevailing time, within the Borough of Pompton Lakes, New Jersey.

(5) This subsection is meant to regulate the use of establishments for hire or sale, private ownership of magazines, books or sexual aids and specifically exempts from the regulations herein occasional private parties, upon invitation, that are conducted at private residences and halls that are run by nonprofit organizations. The activity proscribed herein cannot be conducted on a regular basis from these exempt establishments and cannot be run for profit. If there is a violation of this provision, the residence or not-for-profit organization or building used by said exempt parties or dwellings shall lose its exempt status under the provisions of this subsection.

(6) Violation of any portion of this subsection shall constitute a separate offense punishable by a fine of up to $500 per day for each day that said violation occurs and imprisonment of up to 90 days for each person that violates the provisions contained herein. Violation of this subsection can occur by any person or persons present upon the premises, including performers, employees, staff and patrons, that are present during the proscribed activities which are in violation of this section.

(7) The activity proscribed by this subsection shall be prohibited in the following zones established under the provisions of this chapter: R-3, R-4, R-5, R-6, R-7, R-8, R-9, R-10, B-1, B-2 and M, as delineated in § 190-15 et seq.

V. Wireless telecommunications towers.

[Added 3-13-2002 by Ord. No. 02-05]

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analogue signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Excepted from this definition are antennae used exclusively by ham radio operators or other residential users.

APPROVING AUTHORITY

The Planning Board or Zoning Board of Adjustment of the Borough of Pompton Lakes.

COLLOCATION

The use of a common wireless telecommunications tower or a common structure by two or more telecommunications license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one telecommunications license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.

HEIGHT

When referring to a tower or lawful structure, shall mean the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure including the base pad and any antennae. The height of the tower shall not include a lightning rod.

PREEXISTING TOWERS AND PREEXISTING ANTENNAE

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this subsection, including permitted towers or antennae that have not yet been constructed so long as such approval is current and not expired.

STEALTH TECHNOLOGY

Man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennae or towers.

WIRELESS TELECOMMUNICATIONS FACILITY

All the structures or uses serving the wireless telecommunications site such as towers, equipment sheds, telecommunications antennae and fences.

WIRELESS TELECOMMUNICATIONS SITE

The enclosed area in which a tower and its appurtenances are located.

WIRELESS TELECOMMUNICATIONS TOWER (TOWER)

A freestanding or guyed, vertical structure designed to support one or more wireless telecommunications antennae. This definition shall not apply to amateur or ham radio towers.

(2) Purpose. The purpose of this subsection is to create the opportunity to locate wireless telecommunications facilities in areas in which there will be no substantial impact on the character of the Borough of Pompton Lakes and which will provide the maximum benefit to Borough residents as a whole. The intent of this subsection is to limit the location of such facilities to areas which are both acceptable to telecommunications companies wishing to provide service and be consistent with the above objectives; to insure that competition is fostered among local wireless service providers; to insure that opportunities for economic development are created; and to insure that the local government, and therefore the residents of the Borough, benefit from the services offered by telecommunications providers. The overriding objective of this subsection is to insure that public health, safety and welfare is safeguarded and that the following goals are advanced:

(a) Protect residential zones and uses from the potential adverse impacts of wireless telecommunications towers, facilities and equipment;

(b) Require the location of new wireless telecommunications towers, facilities and equipment in specific locations within the Borough;

(c) Minimize the number of wireless telecommunications towers in the Borough exceeding 60 feet in height;

(d) Encourage collocation of new antennae on existing towers and structures located on Borough property; and

(e) Require the use of stealth technology for all new towers or antenna locations through innovative design, siting and camouflaging techniques.

(3) Location priorities; collocation requirements; new tower construction. Locations are enumerated below in the order of the location priority:

(a) Existing lawful structures.

[1] First priority shall be given to existing buildings or structures owned by the Borough of Pompton Lakes which may be utilized for the placement of personal wireless telecommunications facilities, provided a license or lease authorizing such facilities has been approved by the Council of the Borough of Pompton Lakes; subject to the following conditions:

[a] The added equipment shall not extend higher than 20 feet above the existing structure upon which said equipment is to be placed.

[b] The added equipment shall not protrude beyond the existing sides of the structure more than 10 feet.

[c] Wireless telecommunications facilities shall maintain a minimum fifteen-foot setback to any property line and shall be appropriately landscaped as required by the approving authority.

[2] Second priority.

[a] Second priority shall be given to existing wireline systems, such as conventional cable or telephone wires, located along major traffic corridors in nonresidential zones within the Borough which may be utilized to install a system of multiple low-powered antennae. Similar technology that does not require the use of towers may also be utilized within the same public rights-of-way, subject to the following condition: antennae and all attendant facilities must be capable of being mounted on existing structures.

[b] Existing wireline systems, such as conventional cable or telephone wires, located within the public right-of-way of any state or county road within the Borough may be utilized to install a system of multiple low-powered antennae. Similar technology that does not require the use of towers may also be utilized within the same public rights-of-way, subject to the following condition: antennae and all attendant facilities must be capable of being mounted on existing structures.

[3] Third priority shall be given to the placement of wireless telecommunications facilities on or in an existing lawful structure in any commercial or industrial zone with the consent of the property owner, subject to the following condition: to minimize the visual negative impact of wireless telecommunications facilities, owners and users of antennae and related facilities utilizing existing structures are required to use innovative camouflage techniques with the goal of completely concealing the equipment.

(b) Antennae on existing towers. An antenna may not be attached to an existing tower owned by the Borough of Pompton Lakes in any zone unless a license or lease authorizing such placement of personal wireless telecommunications facilities has been approved by the Mayor and Council of the Borough of Pompton Lakes. If approved by the Mayor and Council of the Borough of Pompton Lakes, such existing tower shall be considered a first priority location for the placement of personal wireless telecommunications facilities. To minimize the visual impact associated with the proliferation and clustering of towers, collocation of one or more providers' antennae on an existing tower takes precedence over the construction of new towers, subject to the following collocation requirements.

[1] Collocation requirements.

[a] A tower which is modified or reconstructed to accommodate the collocation of additional antenna shall be of the same tower type as the existing tower, unless the approving authority allows reconstruction as a monopole or stealth structure; provided, however, that the height of the modified or reconstructed tower shall not exceed the height of the existing tower.

[b] Collocation conditions and limitations. Any new tower shall provide for future collocation as set forth in this subsection. Collocation by two or more telecommunications providers shall be permitted on one tower provided that by collocating, all conditions of this subsection are satisfied.

[i] In the event a proposed tower for an existing or future collocation cannot be constructed within the permitted height limitations, then such collocation is prohibited.

[ii] No tower may be designed or built to collocate with another telecommunications provider at a height greater than the maximum permitted by this subsection.

[iii] In the event any collocation is proposed, a letter of commitment shall be filed by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to the issuance of a building permit and shall be binding upon the tower owner, property owner and successors in interest.

[c] On-site location.

[i] A tower which is rebuilt or modified to accommodate collocation may be moved on-site within 50 feet of its existing location provided the new location complies with all setback requirements.

[ii] If two or more towers exist on a site and a tower is rebuilt or modified to accommodate collocation, only one tower may remain on the site. This section shall not apply in those instances where towers are located on sites occupied by high-tension wires.

[iii] A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant this subsection.

(c) New tower construction.

[1] New tower construction shall be fourth in priority. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower or structure or alternative technology that does not require the use of towers can accommodate the applicant's proposed antenna. The applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna must consist of evidence showing that a significant gap in the availability of wireless service will exist if a new tower is not located within the geographic area. Upon establishing a significant gap in service, the provider must demonstrate to the reasonable satisfaction of the approving authority that the proposed tower is the least intrusive means of filling that gap with a reasonable level of service. To do so, the provider must show that a good faith effort has been made to identify and evaluate less intrusive alternatives.

[2] Construction requirements. The following are the construction requirements for all new tower applications:

[a] Area and setback requirements.

[i] Minimum lot area: two acres.

[ii] Residential setback from property lines: 300 feet or 300% of the tower's height, whichever is greater.

[iii] Nonresidential setback from property lines: 120% of the height of the tower from any adjoining lot line, nonappurtenant building or structure or street right-of-way.

[b] Accessory buildings and structures.

[i] Maximum height of a security fence: six feet.

[ii] Maximum height of an accessory building or structure: 15 feet.

[iii] Maximum area of a wireless telecommunications facility: 1,500 square feet.

[c] Maximum tower height is 60 feet. This shall be measured as the overall height, including antennae.

(4) General requirements for all towers and antennae.

(a) Stealth requirements. Applicants are required to use the latest stealth or camouflaging techniques to either make a tower appear to be a tree of native species to blend in with surrounding trees, other types of stealth structures or to be completely concealed by placement within an existing structure.

(b) Pole type. Monopole or stealth tower construction shall be used in all new tower construction. Lattice-type structures and/or guy wires shall be prohibited.

(c) Noise. Noise levels at any property line shall not be more than 50 decibels.

(d) Annual report. Upon issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the Secretary of the Borough Planning and Zoning Boards, an initial report signed and sealed by a licensed professional engineer certifying the estimated useful structural life of the tower, if any, as well as providing an initial inventory of all equipment and facilities on the site. After 50% of the useful structural life of a tower has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antennae arrays are modified and shall include a detailed listing of all antennae and equipment. All vendors and lessees shall also be required to notify the above Borough official when the use of such antennae or equipment is discontinued. If any of the reports disclose that a condition of any site presents an imminent hazard to the public health, safety or welfare, or that the tower facilities and equipment are no longer in use, the owner shall and the Borough Engineer or Zoning Officer may order in their discretion that the owner take appropriate corrective action including, if necessary, the removal of the tower, facilities or equipment to protect the public health, safety and welfare. Wireless telecommunications towers, facilities and equipment shall be maintained to insure continued structural integrity. The owner of the site shall also perform such other maintenance of the structures and of the site so as to assure that it does not create a visual nuisance.

(e) Abandonment. In the event a wireless telecommunications facility is abandoned or not operated for the use as approved for a period of one year, the same shall be removed, at the option of the Borough, and at the sole expense of the operator. In no event may a wireless telecommunications facility be used for a purpose other than its initial approved use. As a condition of construction of the wireless telecommunications facility, the owner of the facility shall provide to the Borough of Pompton Lakes an irrevocable standby letter of credit to pay for the cost of removal in the amount of $50,000 in a form similar to that annexed hereto.[2]

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

(f) Signs. No signs shall be permitted on any tower, equipment or facility, except for those signs required by law or containing such information as owner contact information, warnings, equipment information and safety instructions. These signs shall not exceed two square feet in total area. Commercial signs shall be prohibited on all wireless telecommunications towers, facilities and equipment.

(g) Lighting. Site lighting shall be oriented inward towards the site to avoid off-site impact. No tower lighting, except regulatory lights required by federal laws, shall be permitted.

(h) RF radiation. The applicant shall comply with the New Jersey Radiation Protection Act[3] and regulations and any other federal or local regulations in effect. The applicant shall demonstrate compliance with such standards.

[3] Editor's Note: See N.J.S.A. 2D-1 et seq.

(i) Multiple towers. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall hot apply to the construction of wireless telecommunications towers, facilities and equipment when the conditions contained in this subsection are met. The minimum setback distance between structures shall not apply to wireless telecommunications towers, facilities and equipment.

(j) Site location analysis. Every application for a wireless telecommunications tower, facility or equipment shall include a site location alternative analysis, including an analysis of the location priorities set forth in this subsection, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:

[1] How the proposed location of the wireless telecommunications tower, facility or equipment relates to the objective of providing full wireless communications services within the Pompton Lakes Borough area at the time full service is provided by the applicant and by other providers of wireless telecommunications services with the Pompton Lakes Borough area.

[2] How the proposed location of the wireless telecommunications tower, facility and equipment relates to the location of any existing towers, facilities or antennae within or near the Pompton Lakes Borough area.

[3] How the proposed location of the wireless telecommunications tower, facilities or equipment relates to the anticipated need for additional towers, facilities or equipment Within and near the Pompton Lakes Borough area by the applicant and by other providers of wireless telecommunications services within the Pompton Lakes Borough area.

[4] How the proposed location of the wireless telecommunications tower, facilities and equipment relate to the objective arid goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated taller towers with many users at greater tower heights at random locations throughout the Borough.

(k) Site plan approval. In addition to the applicable documentation and items of information required for major site plans within the Pompton Lakes Land Use and Zoning subcode, the following additional documentation and items of information shall be required as part of any personal wireless telecommunications facility application:

[1] A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed necessary to assess compliance with this subsection.

[2] The setback between the proposed facility and the nearest residential unit.

[3] Documentation by a qualified expert regarding the capacity of the proposed facility for the number and type of antennae.

[4] Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennae and the anticipated future collocated antennae and that the structural standards developed for antennae by the Electronic Industries Association and/or the Telecommunications Industry Association have been met.

[5] A letter of intent by the applicant, in a form acceptable to the Borough Council, indicating that the applicant will share the use of any tower with other approved personal wireless telecommunications services.

[6] A visual sight distance analysis, graphically simulating the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.

(l) Experts. The approving authority reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a wireless telecommunications tower, facility or equipment, the applicant is aware of this procedure.

(m) Access. Any access to a wireless telecommunications facility shall conform to the driveway provisions of the Pompton Lakes Borough Land Development Subcode.

(n) Off-street parking. One off-street parking stall shall be required.

(o) Satellite or dish antennae. The construction of any dish antennae or other similar antennae or device shall be constructed as to provide the smallest diameter possible to effectuate communications.

W. Planned commercial development.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Purpose. The purpose and intent of a planned commercial development is to encourage quality design and environmentally sensitive development by allowing developers greater flexibility in design and development incentives, in order to achieve projects that are comprehensively planned and implemented and provide additional amenities such as public or private open space. Planned commercial development projects are to be consistent with the Borough's small town character and the character of the surrounding area and shall incorporate a mix of uses, design flexibility, pedestrian-oriented development, interconnectivity among uses, sensitivity to the natural environment and natural features, energy-efficient building and site design, and the coordination and adequacy of public facilities.

(2) Applicability. A municipal zoning ordinance may provide districts for planned commercial developments and shall establish standards governing the type and density, or intensity of land use in a planned development (N.J.S.A. 40:55D-65). Planned commercial developments are permitted in the following specified zoning districts and subject to the requirements set forth in this section as well as the development requirements specified in each district:

(a) Downtown District, DBD-1.

(b) Downtown District, DBD-2.

(c) Cannonball Road, CBR District.

(d) Hybrid Industrial District, HI District.

[Amended4-10-2019 by Ord. No. 19-13]

(3) General planned development standards. Prior to the approval of a planned commercial development, the Board shall find the following facts and conclusions pursuant to N.J.A.C. 40:55D-45 or otherwise noted:

(a) That departure by the proposed development from zoning regulations otherwise applicable to the subject property in the district conforms to the standards for planned commercial developments as provided in this chapter;

(b) That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate. The following open space requirements for planned developments as specified in N.J.A.C. 40:55D-43 shall be met:

[1] The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, such as a homeowners' association, if said open space is not dedicated to the municipality or other governmental agency.

[2] Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality or municipalities wherein the land is located.

[3] In the event that such organization fails to maintain the open space in reasonable order and condition, the Borough may enter upon and maintain such land according to the procedures and requirements set forth in N.J.A.C. 40:55D-43.

[4] The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

(c) That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

(d) That the proposed planned commercial development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

(e) In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

X. Design of streets.

[Added 11-28-2007 by Ord. No. 07-20]

(1) General. Each development shall have access to a street. Such access shall be designed and constructed for, and shall be evaluated by the Board as to adequacy for, entering and exiting vehicles and for emergency vehicles.

(2) Public streets.

(a) All lots shall have frontage on a public street, except that lots for residential uses other than detached single-family residential uses may have access from a private street, as approved by the Board.

(b) All public streets shall be located in a right-of-way dedicated to the Borough and having the following minimum widths, measured from lot line to lot line, unless another width is specifically recommended in an adopted element of the Master Plan or on an adopted Official Map for the Borough:

[1] Arterial streets: 60 feet.

[2] All other streets: 50 feet.

(c) Developments that adjoin or include existing public streets which do not conform to the above required right-of-way widths shall dedicate the required additional width along one or both sides of said street. If development is proposed along one side of the street only, then 1/2 of the required extra width shall be dedicated.

(3) Private streets.

(a) Residential developments for other than detached single-family residential uses may include private streets.

(b) No site plan or subdivision controlling access to streets shall be approved except when the control and disposal of said land controlling access has been placed with the Borough or unless a protective deed restriction has been approved by the Board.

(c) The applicant shall demonstrate, prior to final approval, a means to maintain the streets. The Board shall require a maintenance agreement. This agreement shall include the Borough's right to enter the premises to make repairs and/or conduct other necessary maintenance. The cost for such repairs and/or maintenance by the Borough shall be paid by the property owner(s) and shall include all legal, administrative, clerical, planning and engineering costs associated with the work.

(4) Location. Streets shall be designed to converge traffic flows at convenient access points. Street design shall discourage through traffic within residential areas. To facilitate traffic flows at major intersections, turning lanes may be required. Acceleration and deceleration lanes shall be installed at exits and entrances to commercial and industrial areas unless the Board is satisfied that such lanes are not required.

(a) The arrangement of streets shall be such as to provide for the extension of existing streets.

(b) Private access to nonresidential uses shall not be through a residentially zoned lot or lots.

(c) The approval by the Board of any map or plat delineating streets shall in no way be construed as an acceptance of any street indicated thereon.

(5) Clear sight triangle. Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing object shall be permitted within the height of 30 inches and eight feet above the elevation of the intersecting street. The size of the sight triangle shall be as established in Subsection Y(1).

(6) Cul-de-sac/culs-de-sac. All cul-de-sac/culs-de-sac of a permanent nature shall be no more than 1,000 feet in length and provide access to no more than 25 dwelling units and shall provide a turnaround at the end with a radius of 50 feet at the curbline. For public streets, an additional ten-foot-wide utility and planting strip shall be provided around the entire cul-de-sac/culs-de-sac for a total right-of-way radius of 60 feet. The center point for the radius shall be offset to a point where the radius becomes tangent to the right curbline of the associated street.

(7) Pavement.

(a) Subgrade. Topsoil shall be stripped from the proposed road bed for the entire width of pavement, shoulders, gutters, curbs, sidewalks or other required improvements. All unsuitable material shall be removed. The subgrade shall be compacted to a density of not less than 95% under optimum moisture conditions. All embankments shall conform to current New Jersey State Highway Specifications, as amended.

(b) Pavement materials. The quality of surfacing and base materials used shall adhere to the minimum standards set forth by the county or state when said street is within their jurisdiction. For streets under the jurisdiction of the Borough, the following standards shall apply:

[1] As a minimum, any new street shall be constructed according to the specifications and procedures set forth in the New Jersey State Highway Department Standard Specifications (1983), as amended.

[2] The base course shall be five inches stabilized base placed on four inches of subbase Type 5A which has been inspected and approved by the Borough Engineer.

[3] The surface course for all classes of Borough streets shall consist of 1 1/2 inches of bituminous concrete, Type FABC-1, Mix No. 5.

[4] An alternate pavement section may be approved by the Board if the applicant can demonstrate to the Board's satisfaction that the proposed pavement section is adequate to serve the anticipated volume and type of traffic. However, for any pavement section approved, the surface course must be bituminous concrete Type FABC-1, Mix No. 5.

(8) Pavement widths.

(a) Pavement width shall be as follows:

[1] Arterial streets: 40 feet, with 20 feet on either side of the center line.

[2] All other streets: 30 feet, with 15 feet on either side of the center line.

(b) The Board may approve a reduction in the pavement width as follows:

[1] Location of public and private streets. If the street is a cul-de-sac providing access to not more than 25 dwellings units or if the street provides no parallel parking to meet the parking requirements of Subsection CC(1), the minimum pavement width may be reduced to 24 feet.

[2] Collector streets. If the street will not have on-street parking or residential uses with frontage on the collector, the pavement width may be reduced to 26 feet, with a four-foot-wide graded shoulder on each side.

(9) Curbs.

(a) Curbing for Borough streets shall be granite block with a six-inch curb face on all streets except on arterial streets, which shall have an eight-inch curb face. However, on streets under the jurisdiction of the county or state, curbing shall be in accordance with the requirements of the appropriate authority.

(b) An alternate form of curbing may be approved by the Board if the applicant can demonstrate to the Board's satisfaction that no loss in the useful life of the curbing and no increase in maintenance costs will occur. On private streets, the Board may waive the requirements for curbing if the applicant can demonstrate that no adverse impact will occur to the pavement, that drainage will not be impaired and that the drainage system and facilities can easily be maintained.

(c) On Borough streets, other than minor streets, and on private streets, the Board may waive the requirements for curbing if the street is specifically designed for construction without curbing, if drainage will not be impaired, if there will be no adverse impact to the pavement, if the drainage system can easily be maintained and if it can be shown that any increased cost in maintenance will be offset by the overall improvement in road design.

[1] If granite block, stones shall not be less than 10 inches in height and shall be constructed to show a vertical face above the roadway pavement of six inches.

[2] If concrete, the curbing shall meet the following specifications:

[a] The concrete to be used for curbs shall be Class B concrete as specified in the New Jersey State Highway Specifications for Curbs and Gutters.

[b] Expansion joints shall be provided at maximum intervals of 10 feet and shall be sealed as specified by the Borough Engineer.

[c] The curb at driveway openings shall be depressed to the extent that 1 1/2 inches extends above the finished pavement.

[d] Concrete curbs for local roads shall be eight inches wide at the base and not less than seven inches wide at the top. Their height shall not be less than 20 inches and shall be constructed to show a vertical face above the pavement of six inches. The rear top corner of the curb shall have a radius of 1/4 inch, and the front top corner shall have a radius of 1 1/2 inches.

[3] Depressed curb ramps for the handicapped shall be installed at all curb radii where sidewalks intersect the curb in accordance with the laws of the State of New Jersey.

(10) Sidewalks and aprons.

(a) Sidewalks shall be installed along Borough streets in all developments in order to ensure safe pedestrian movement within the development and into adjacent areas. Additionally, sidewalks shall be installed in all areas wherever pedestrian traffic is anticipated to occur such as between parking areas and buildings or between buildings. Sidewalks shall be four feet wide and constructed of four-inch-thick Class B concrete, as specified in the New Jersey State Highway Specifications, as amended.

(b) The Board may waive or modify the requirements for sidewalks if it is demonstrated by the applicant that adequate provision for pedestrian circulation has been provided through such methods as pedestrian paths, except that sidewalks may still be required along principal routes to schools.

(c) Driveway aprons shall be constructed between the curb (or edge of pavement) and the sidewalk or, in the absence of a sidewalk, for a distance of four feet back from the curb (or edge of pavement). The standard for materials shall be six inches of Class B concrete as specified in the New Jersey State Highway Specifications, as amended.

(11) Grades. The maximum grade for a new street shall depend on road classifications. Maximum grades shall be as follows:

(a) Maximum: 10%.

(b) Minimum: 0.5% to 0.75%.

(12) Sight distances. The geometry of roads shall meet the following minimum design criteria:

Rate of Vertical Curvature (K Values) Rounded for Design
Posted Speed Limit (mph)	Vertical Curves Minimum Stopping Sight Distance (feet)	Crest Vertical Curves	Sag Vertical Curves	Horizontal Curves Minimum Radius (feet)
25 or less	150	20	20	150
35	250	40 to 50	50	250
45	350	80 to 100	79 to 90	450

(13) Noncurbed roads using surface drainage systems.

(a) Positive drainage shall be provided to drain surface water runoff from the roadway pavement.

(b) A five-foot shoulder with a 5% cross slope shall abut the edge of pavement.

(c) All swales shall be designed to carry a twenty-five-year-frequency storm for the drainage area served.

(d) Drainage swales shall have a maximum side slope of three to one.

(e) All swales shall have a minimum grade of 0.5% to prevent silting and a maximum slope that will prevent erosion. Paved inverts and/or energy dissipaters may be required.

(f) The invert of all swales shall be a minimum of three inches below the pavement section.

(g) All swales shall be hydro seeded or similarly treated to ensure a stable erosion control surface immediately after construction.

(h) The street right-of-way shall be widened to include all drainage swales where Borough maintenance of such swales will be required to ensure that the drainage system will function in a manner that protects the pavement from stormwater infiltration.

(14) Street names and numbers. A new street name shall not conflict with or be mistaken for an existing street name in the municipality or postal zip code unless the street is a logical extension of an existing street. The street numbering system shall be as approved by the Borough Tax Assessor.

(15) Street name signs. Street name signs shall be placed at all street intersections within or abutting the development. Such signs shall be of a type approved by the Borough and shall be placed in accordance with the Borough's standards or at the direction of the Borough Engineer.

Y. Design of intersection.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Clear sight triangle. The required dimensions of a clear sight triangle shall depend on the posted speed of the uncontrolled or major roadway. The sight triangle shall be laid out so that a driver 10 feet from the right-of-way line of the uncontrolled or major street can see approaching traffic at the following distances, and an easement controlling construction shall be established for all portions of the clear sight triangle not in a public right-of-way. The sight triangle shall be clear of any obstructions from 30 inches above grade to a point eight feet above grade, except utility poles shall be permitted, provided that they do not present a safety hazard.

Posted Speed Limit (mph)	Minimum Required Clear Sight Distance (feet)
25	250
35	350
45	450

(2) Grades. Intersections shall be approached on all sides by a straight and level area, a minimum of 40 feet in length, the maximum grade of which shall be as follows:

Classification (mph)	Maximum Up Grade (percentage)	Maximum Down Grade (percentage)
45 or greater	2%	2%
25 to 44	5%	3%

(3) Separation. Intersections shall be separated from adjacent roadway intersections by the minimum distances set forth below. The minimum distance shall be measured center line to center line along the intersecting street and shall be dependent upon the type of intersection and the posted speed limit of the roadway between the two intersections. Two T-intersections with approaches from opposite directions shall be considered full intersections.

Posted Speed Limit (mph)	Full Intersection (feet)	T-intersection (feet)
25	300	200
35	350	250
45	450	300

Z. Parking lot and driveway design.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Design of driveways.

(a) All driveways shall be minimum of 10 feet for one-way operation and 24 feet for two-way operation in width and shall be constructed of at least four inches of compacted subbase material and two inches of three-eighths-inch roadway stone or comparable material. Where driveways adjoin paved parking lots, these driveways shall be paved to the same standards as the parking lot. Aprons shall be provided in accordance with the provisions of this chapter.

(b) Driveway grades shall not exceed 10% at any point along the entire length of the driveway. In addition, the driveway grade shall not exceed 8% for a distance of 15 feet from the curbline, and a transition curve shall be provided between said 8% grade and any increase in grade.

(c) The side slopes of driveways shall be topsoiled, seeded, fertilized and mulched or otherwise stabilized to prevent erosion. If banks exceed a two to one slope, and the slope face is not stable rock, retaining walls shall be constructed in a manner approved by the Borough Engineer.

(d) No driveway shall be located within five feet of a side lot line unless it is a common driveway for an attached duplex or multifamily dwelling. No driveway pavement area shall be wider than 1/2 the width of a lot.

(2) Design of parking area. With the exception of single-family detached dwellings, all off-street parking areas shall meet the following requirements:

(a) All off-street parking shall be paved with a minimum of 1.5 inches of bituminous concrete (FABC) placed on top of a minimum of 3.5 inches of stabilized base and a minimum of four inches of compacted subbase, Type 5A, or an equivalent as approved by the Borough Engineer.

(b) All parking and loading areas shall be curbed with granite block or concrete curbing constructed to Borough standard specifications unless the applicant can demonstrate that elimination of the curbing will not decrease the useful life of the pavement, have a negative effect on drainage or increase maintenance costs.

(c) All parking and loading areas shall have a convenient means of ingress and egress.

[1] The applicant shall demonstrate to the Board that ingress and egress will not adversely affect the flow of traffic on Borough streets.

[2] Traffic circulation shall be designed to minimize the use of aisles serving parking areas.

[3] For nonresidential uses, parking areas with more than 25 spaces shall have separate entrances and exits.

[4] Where a combined entrance and exit is provided, the access road shall be a minimum of 24 feet in width.

[5] Where separate entrances and exits are provided, the minimum roadway width shall be 15 feet.

(d) If a parking lot has an area of less than 8,000 square feet, an area equal to 5% of the lot shall be maintained as open space. If a parking lot has an area of greater than 8,000 square feet, an area equal to 10% of the lot shall be maintained as open space. Said open space shall be within the perimeter of the lot and shall be appropriately planted or designed for the retention of existing trees. All plantings shall be protected by curbing, bumpers or bollards. Within any parking area there shall be at least one two-and-one-half-inch diameter at breast height (dbh) caliper or larger shade tree for each 10 spaces.

(e) All portions of the property not used for off-street parking, loading or access shall be attractively landscaped with lawns, trees and shrubs as approved by the Board. Parking areas visible from a street shall, through the use of landscaping, be intermittently screened.

(f) Striping and directional and traffic safety signs shall be provided throughout the parking, loading and circulation areas in accordance with the Manual on Uniform Traffic Control Devices.

(g) All lighting shall be so arranged and shielded to reflect light downward and away from adjoining streets and properties.

AA. Lighting.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Streetlighting. Streetlighting of a type supplied by a utility company and of a type and number approved by the Borough Engineer shall be provided where deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall also provide for underground service for streetlighting.

(2) Parking areas and walkways. For all uses other than single-family or two-family residential uses, all areas between buildings, all parking areas and walkways and all passageways and driveways shall be adequately illuminated for security and safety reasons. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. For parking areas, lighting shall be provided by standards with a mounting height not more than 25 feet or the height of the building, whichever is less, unless said standard is located within 250 feet of a residential zone, in which case the mounting height shall not exceed 12 feet. Mounting height shall be measured from the ground level to the center line of the light source. Standards of other than pedestrian walkway lighting shall be spaced a distance not to exceed five times the mounting height. Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, lighting of signs and ornamental lighting shall be as shown on the lighting plan in sufficient detail to allow determination of effects on adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the method of light shielding and similar specifications shall be subject to site plan approval.

(3) Intensity of lighting. Average maintained horizontal illumination shall be as follows:

Use Classification	Nonresidential Use (footcandles)	Residential Use (footcandles)
Roadways	0.9	0.4
Sidewalks	0.9	0.2

BB. Landscaping, shade trees and buffers.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Landscaping.

(a) The entire development shall be landscaped in accordance with an approved landscaping plan. Landscaping shall include items having an effect on project safety, habitability and appearance such as:

[1] Grading and water features.

[2] Plantings and grassed areas.

[3] Surfacing and finishes.

[4] Walls and fences.

[5] Area lighting.

[6] Sign and street and site furniture.

[7] Preservation of natural features.

(b) The project shall be landscaped so as to best adapt the site to the intended use, to control the project's environmental impact and to enhance the appearance of the project, both on-site and from the surrounding area.

(2) Standards. Plantings shall be in accordance with the following standards:

(a) Plant material: American Association of Nurserymen's American Standard for Nursery Stock, current edition.

(b) Ground Cover: New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition.

(3) Shade trees. Each development plan shall provide for shade trees having a maximum spacing of 40 feet along each side of all streets, public or private, existing or new. In determining the need for new shade trees, the location of existing shade trees shall be considered, and, if existing shade trees will remain, new shade trees will not be required in such areas. Additionally, shade trees shall be provided within parking areas containing 8,000 or more square feet and shall be planted at a minimum ratio of one shade tree for every 10 parking spaces. Shade trees shall be a minimum caliper of 2 1/2 inches. The Board shall consult with the Shade Tree Commission[4] concerning the adequacy and appropriateness of the proposed shade trees.

[4] Editor's Note: See Ch. 48, Shade Tree Commission.

(4) Screening. Screening shall be accomplished through the use of landscape plantings. Plantings shall be a minimum of six feet in height.

(5) Landscaping of buffer areas. Landscaping of required buffers and screens shall take into account the opportunities presented by existing site features. Screening, where required, shall be achieved by fencing, earth forms and plantings applied singly or in combination, as necessary. Landscaping used for buffering purposes shall be compatible in scale and character with the surrounding prevailing landscape and project features and shall be designed as part of the overall landscaping plan.

(6) Soil erosion and sedimentation control. The landscaping plan shall be compatible with the soil erosion and sedimentation control plan.

CC. Parking and loading.

[Added 11-28-2007 by Ord. No. 07-20]

(1) Parking.

(a) The development plan shall show the total number of off-street parking spaces required for the use or combination of uses indicated in the application. The schedule below represents standards acceptable to the Borough. Since a specific use or combination of uses may generate a parking demand different from those enumerated below, documentation and testimony may be presented to the Board as to the anticipated parking demand. Based upon such documentation and testimony, the Board may:

[1] Allow construction of a lesser number of spaces, provided that adequate provision is made for construction of the required spaces in the future.

[2] In the case of nonresidential uses, require that provision be made for the construction of spaces in excess of those required hereinbelow to ensure that the parking demand will be accommodated by off-street spaces.

[3] Allow the joint or shared use of parking for multiple uses with different peak demands.

[4] Waive any parking requirement in the DRA-1 and/or DRA-2 Zone that it deems necessary, upon considering all relevant testimony and facts; including the availability of public parking spaces located on public streets and/or located in public parking lots. The Planning Board may also consider available parking spaces available for a specific development made available through a binding long-term (defined as 20 years or greater) parking agreement, such as a parking space lease agreement between two property owners.

[Added 7-20-2011 by Ord. No. 11-08]

(b) Off-street parking requirements for residential uses shall be as follows:

Uses	Required Spaces*
Detached residential	2 per dwelling unit
Attached residential
Studio, one-bedroom	1.75 per unit
Two-bedroom	2.0 per unit
Three-bedroom	2.5 per unit
Affordable, senior citizen	1.0 per unit

*	NOTE: Total to be rounded to next higher number.

(c) Off-street parking requirements for nonresidential uses shall be as follows:

Uses	Required Spaces
Retail sales, service	1 for every 200 square feet of gross floor area or a part thereof
Office	4 per 1,000 square feet of gross floor area
Industrial manufacturing	1 per 500 square feet of gross floor area or a part thereof
Warehouse, storage	1 per 500 square feet of gross floor area or a part thereof
Schools and appurtenant structures with grades up to 10	1 per 400 square feet of gross floor area or a part thereof
Schools and appurtenant structures with grades 10 through 12	1 per 200 square feet of gross floor area or a part thereof
Churches and other places of worship	1 space for every 3 seats in sanctuary, plus 1 for every 250 square feet of remaining floor area or a part thereof
Municipal and Board of Education uses	1 for every 200 square feet of floor area or a part thereof
Restaurants	1 space for each 3 patron seats
Fast-food restaurants	1 per 30 square feet of gross floor area
Parks	1 for each employee, plus user spaces as deemed necessary
Business luncheon clubs	1 per every 5 patron seats
Public garage or gasoline service stations	1 space per employee, plus 4 per bay
Nursing homes and sanatorium	1 for every 2 beds

(d) General requirements.

[1] For each dwelling unit in a nonresidential district, two off-street parking spaces shall be provided.

[2] Permitted nonresidential uses in all residential districts shall be provided with one off-street parking space for every 200 square feet of floor area, or any fraction thereof, of any building area so used.

[3] Any building containing more than one use shall meet the combined parking space requirements for all uses in the building, except as provided in Subsection CC(l)(a) above.

[4] No change in use within a building shall be allowed unless it can be shown sufficient parking is available for the new use on the site.

[5] For each use, handicapped parking shall be required on a portion of the required parking in accordance with the Barrier-Free Design Regulations, as amended, promulgated by the State of New Jersey and the Americans with Disabilities Act.

(2) Location of spaces.

(a) Residential zones.

[1] Off-street parking is permitted in any side or rear yard, provided that said spaces shall not be closer than five feet to the property line.

[2] For the purpose of administering this provision, any driveway that connects the abutting street with a garage servicing a detached or single-family attached dwelling can be used to meet the required off-street parking provision.

(b) Nonresidential zones.

[1] All required off-street parking shall be located on the same lot as the use requiring the parking except as allowed below and as specifically approved by the Board.

[2] In the B-1 Zone only, the applicant may request the Borough, and the Borough may agree, to construct the required parking, whether on- or off-site, provided that the applicant pay the full cost of the construction and further provided that all parking spaces will be located within 500 feet of the building to be served.

[3] Any owner or group of owners of two or more nonresidential buildings or uses in a B-1 Zone may jointly sponsor the construction of off-street parking facilities, whether on- or off-site, provided that all other applicable requirements of this section are met and further provided that no participating use is farther than 300 feet from the edge of the parking area serving it.

[4] Off-street parking is permitted in any front, side and rear yard pursuant to a plan approved by the Board.

(c) If any applicant can clearly demonstrate to the Planning Board that, because of the nature of his operation or use, the parking requirements of this subsection are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved parking area than is required by this subsection; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking space necessary. Anything in this subsection to the contrary notwithstanding, no certificate of occupancy shall be valid except for the particular use for which it was issued, and any change on any premises previously improved under this subsection shall only be permitted after a new site plan shall have been submitted to and reviewed and approved by the Board. All parts of any yards not used for off-street parking area shall be adequately landscaped, subject to approval by the Board and maintained in good condition.

(3) Loading.

(a) Number of spaces. In all zone districts, for every building, or part thereof, hereafter erected which is to be occupied for manufacturing, storage, display of goods, retail sales, wholesale or warehouse, market, hospital for humans, laundry, dry-cleaning establishment or other use requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such use at least one off-street loading space.

(b) Location. Loading areas shall be located in side or rear yards only and shall be designed so that no portion of a vehicle shall extend over a public right-of-way during loading or unloading activities.

(c) No part of an off-street loading space shall be nearer than 25 feet to any property line.

DD. Construction mitigation requirements. All approvals for development, whether site plan or subdivision, shall require the following mitigation measures.

[Added 10-10-18 by Ord. No. 2018-21]

(1) The soil erosion and sedimentation control plan approved by the Soil Conservation District shall remain in full force and effect during the course of construction. Failure to comply with the soil erosion and sedimentation control plan shall result in a work stoppage until the conditions are corrected and the soil erosion and sedimentation control plan is reestablished.

(2) The following measures shall remain in full force and effect during on site construction.

(a) Elimination of anti-vandalism horns on equipment shall be required.

(b) Work hours are limited to 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. No work shall take place on Sunday or holidays except on an emergent basis as determined in the sole discretion of the Borough Administrator, Borough Engineer, Construction Official or Zoning Officer. The following are the holidays to be observed: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The applicant shall maintain personnel on site to whom incidents of non-disturbance may be reported and said personnel shall be authorized to take measures to minimize any disturbance immediately.

(c) Anti-litter regulations shall be imposed on site.

(d) The applicant shall establish regulations for the safe and proper transfer and transport of fuel on site.

(e) Track mats shall be located by the Hudson Essex Passaic Soil Conservation District representative and the Borough Engineer in such locations as to minimize the tracking of mud and dirt off site.

(f) Clean up and wash down of trucks and equipment is required before said vehicles are authorized to leave the construction site.

(g) Adequate provisions for safe control of employee parking, including employees of contractors and subcontractors, shall be required on site during construction.

(h) All construction traffic shall enter and exit the site in accordance with a plan to minimize the disruption of existing development in the area.

(i) Violation of any of these construction mitigation measures may result in a stop-work order, which order shall remain in full force and effect until the violation is remedied to the satisfaction of the Borough Engineer.

(3) Prior to construction, including site work activity, a preconstruction meeting shall be required. The meeting shall be attended by Borough Officials, including the Borough Administrator, Borough Engineer, Construction Official and Zoning Officer, the applicant and applicant's engineers and contractors. The preconstruction meeting shall not be held until a copy of the Engineer's opinion of probable cost has been submitted to the Borough to complete inspection fees and for determination of performance bond requirements. Said bond and fees shall be submitted to and approved by the Borough Attorney.

(4) All non-disturbed areas on site shall be demarcated by snow fencing during construction and the snow fencing shall be installed on site before any construction activity, including site work. An intrusion into a non-disturbed area will result in a stop-work order for that area affected by the violation as determined by the Borough Engineer, Construction Official and/or Zoning Officer. The stop-work order shall remain in full force and effect until the violation is corrected and any damage created by the violation is restored to a state satisfactory to the Borough Engineer and/or Construction Official.

(5) Should blasting be required, the applicant shall comply with N.J.S.A. 21:1A-128 et seq. and all regulations promulgated thereunder. In addition, the applicant shall notify the Borough Fire Official of intent to perform blasting activities. The notice shall include the location of the intended blasting and the time it is expected to take place.

(6) Cut sheets shall be provided to the Borough Engineer directly and to all on site inspectors, during construction. As-built drawings shall be forwarded to the office of the Borough Engineer with a copy to the Construction Officer, prior to the issuance of certificates of occupancy for any structure.

(7) All conditions of approval shall, to the extent possible, be incorporated into seven sets of revised plans that shall be submitted to the appropriate approving Board Secretary for signature prior to any construction or on-site disturbance. The applicant's engineer shall be required to certify that all conditions of approval have been set forth on the plans.

EE. Cannabis Establishments and Uses Prohibited. The operation of all classes of cannabis establishments as defined by P.L. 2021, c.16, including but not limited to, cannabis retailers, cultivators, manufactures, distributors, wholesalers, 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 (C. 24:6I-7), are expressly prohibited uses within the jurisdictional boundaries of the Borough of Pompton Lakes.

[Added 6-9-2021 by Ord. No. 21-19; 7-14-2021 by Ord. No. 21-21]

§ 190-17 District regulations.

A. The district regulations for the R-3, R-4, R-5, R-6 and R-9 Residential Zones shall be as follows:

(1) Permitted principal uses.

(a) Single-family detached dwelling.

(b) Single-family attached dwelling (duplex only) in the R-5 District only.

(c) Garden apartment and townhouse units in the R-6 District only.

(d) Multiple-family dwelling units in the R-9 District only.

(e) Public parks and playgrounds.

(2) Permitted accessory uses and structures.

[Amended 8-15-1995 by Ord. No. 95-12]

(a) Accessory uses customarily incident and subordinate to the principal uses as above permitted.

(b) Signs as permitted and regulated.

(c) Private, noncommercial swimming pool, tennis court or racquetball court.

(d) Fences and/or walls.

(e) Private, noncommercial greenhouses.

(3) Permitted conditional uses.

[Amended 8-15-1995 by Ord. No. 95-12]

(a) Public and private schools.

(b) Church or other places of worship.

(c) Residential professional office.

[1] The residential professional office may only be used by a resident physician, surgeon, dentist, lawyer, architect, accountant or teacher or other related professions, provided that the professional who performs the service or does the office work resides therein and the work or service performed involves principally the service of said resident, and provided, further, that the premises is used primarily as the residence of the occupant.

[2] The office space of the residence may cover a maximum of 500 square feet of the structure, whether the structure is the primary or accessory building.

[3] Said office may have a maximum of two employees, in addition to the resident professional.

[4] Said office shall have a minimum of three off-street parking spaces.

[5] In connection with said office, no overnight hospital facilities shall be provided for animals or persons.

[6] No such home occupation shall produce noise, vibrations, smoke, dust, odors, heat or glare detectable by human senses beyond the walls of the dwelling unit containing such home occupation.

[7] Said use shall not detract from the residential character of the neighborhood.

(d) Municipal uses.

(e) Board of Education uses.

(f) Public utility facilities.

(4) Lot, yard and height regulations: see Schedule 1.[1]

[1] Editor's Note: Schedule 1, Schedule of Zone Districts, is included as an attachment to this chapter.

(5) Townhouse standards. Townhouses shall be allowed in the R-6 Zone only, subject to the following requirements:

(a) Tract and lot area. Minimum tract size for townhouse uses shall be five acres.

(b) Height. No building shall exceed a maximum of 35 feet in height.

(c) Yards. No building containing a single-family attached dwelling unit shall be closer than 50 feet to any abutting street right-of-way line nor closer than 50 feet to any other property line. Accessory structures and parking are permitted in the side and rear yard, provided that no accessory structure or parking area shall project closer than 20 feet to any property line.

(d) Minimum distance between buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Facade to Facade	Minimum Distance (feet)
Front facing front	50
Front facing rear	50
Front facing side	30
Rear facing rear	50
Rear facing side	30
Side facing side	30

(e) Density. The average density of any parcel of land shall not exceed six single-family attached dwellings for every acre of the tract of land so developed. Building coverage shall not exceed 20% of the tract.

(f) Units per structure. No structure shall contain more than eight single-family attached dwellings.

(g) Rooms. All single-family dwellings shall contain at least one bedroom separate from the living area.

(h) Off-street parking. See § 190-16CC.

(i) Lighting. Reasonable yard lighting shall be provided to illuminate the premises at night. All wiring shall be laid underground. All lighting fixtures shall be so arranged so that the direct source of light is not visible from any residential areas as approved by the Board.

(j) Partition walls. There shall be between each single-family attached dwelling a firewall which shall be constructed pursuant to the following specifications as verified by the Construction Official. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the ASTM (American Society for Testing and Materials) recommended practice E-90-66T.

(k) Landscaping. All outdoor areas shall be landscaped as approved by the Board. All parking and service areas shall be adequately screened and shielded from adjacent residential areas and located on the site as approved by the Board. Interior development roads and pedestrian walks shall be provided with shade trees. Open spaces adjacent to and between buildings, border strips along interior development roads and areas along the sides of pedestrian walks shall be graded and seeded to provide a thick stand of grass or other plant material ground cover. Approaches to single-family attached dwelling structures and entrance areas shall be attractively shrubbed. Topsoil shall not be removed from the site during construction, but shall be stored and redistributed to areas within the development most exposed to view by occupants and the public, and such areas shall be stabilized against erosion by seeding or planting.

(l) Utilities. Every dwelling must be connected to the public sanitary sewer and water systems. Fire hydrants shall be installed by the developer in adequate numbers and at locations recommended by the Borough Engineer. All utilities such as electricity, telephone and the like shall be installed underground. Adequate provision for storm drainage must be made as approved by the Board after consultation with the Borough Engineer.

(m) Traffic.

[1] The Board shall require entrances and exits to the site at locations and widths that will minimize traffic congestion and result in the best vehicular and pedestrian circulation pattern, both on and abutting the site. The Board may require the applicant to submit a traffic engineering study prepared by a licensed professional engineer which will indicate the impact that development of the site will have on surrounding roads. This traffic study shall include the following elements:

[a] Estimated peak-hour traffic to be generated by the proposal.

[b] Assignment of estimated peak-hour traffic by percentage and volume to surrounding streets.

[2] If the results of the survey indicate necessary off-site improvements of existing Borough streets, the applicant shall contribute a prorated share of such improvements as determined by the Board.

(n) Guaranties. The applicant shall furnish to the Board, as a condition of final site plan approval, agreements, covenants, master deeds, bylaws and other instruments deemed necessary by the Board to effectively guarantee and verify that:

[1] The lands designated for open spaces and all common elements of the condominium will be properly preserved and maintained in perpetuity.

[2] The condominium will meet all common expenses and properly assume all obligations and normal incidents of ownership.

(6) Garden apartment standards. Garden apartments shall be allowed in the R-6 Zone only, subject to the requirements below. Customary accessory uses to the above permitted uses are also permitted.

(a) Tract area. Minimum tract size shall be 10 acres.

(b) Project size. There shall be at least 60 dwelling units within each garden apartment project or any development section thereof.

(c) Density. The number of dwelling units in the overall development area shall not exceed an average of 10 dwelling units per acre. Building coverage shall not exceed 20% of the tract.

(d) Units per structure. No structure shall contain more than 12 dwelling units.

(e) Utilities. Every garden apartment development must be connected to the public sanitary sewer and water systems, as approved by the Borough Engineer. Fire hydrants shall be installed by the developer in adequate numbers and at locations as approved by the Board. Telephone and electric wiring shall be laid underground.

(f) Height. No building containing garden apartment units shall exceed 35 feet in height.

(g) Frontage. Every lot shall have a frontage of not less than 100 feet measured along the front street right-of-way line.

(h) Setback. No building, structure or parking area shall be located within 50 feet of any preexisting public street as of the time of the initial application. Every building or structure shall have a minimum setback of 25 feet from all interior development roads and shall have a setback of 50 feet from adjoining property lines bounding the development area. Accessory structures and parking in the side and rear yards are permitted, provided that no accessory structure or parking area shall project closer than 20 feet to any property line.

(i) Minimum distance between buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Facade to Facade	Minimum Distance (feet)
Front facing front	50
Front facing rear	50
Front facing side	30
Rear facing rear	50
Rear facing side	30
Side facing side	30

(j) Superintendent. Each garden apartment project shall have a building superintendent residing on the premises.

(k) Landscaping. All open spaces in any garden apartment project shall be adequately landscaped and maintained in good condition after approval by the Board. All parking and service areas shall be so screened that adjacent residential areas are shielded from said parking or service areas, and all ingress and egress driveways to and from said parking and service areas shall only be located within the R-6 Zone District.

(l) Lighting and wiring. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All electrical and telephone wiring shall be laid underground, and all lighting fixtures shall be so arranged that the direct source of light is not visible from any street or adjacent residential areas.

(m) Parking. All garden apartment developments shall meet the off-street parking provisions of § 190-16CC.

(n) Location. No dwelling unit, or any portion thereof, shall be located below the first story or above the second story of any garden apartment structure.

(o) Facilities.

[1] Each dwelling unit shall contain complete cooking, toilet and bathing facilities; provided, however, that any garden apartment dwelling unit containing more than two bedrooms shall have at least 1 1/2 baths. For the purpose of administering this subsection, a half bath shall consist of at least a toilet and a sink.

[2] All bedrooms shall be separately partitioned and enclosed.

[3] Each garden apartment dwelling structure shall contain a readily accessible interior storage area in the basement of at least 500 cubic feet per dwelling unit. The height of any such storage area shall not be less than seven feet.

[4] Each garden apartment dwelling structure shall contain separately partitioned clothes washing and drying areas of at least 10 square feet of floor area per dwelling unit.

(p) Driveways. Private driveways, where approved by the Board, shall provide adequate access and circulation within the development as well as relative to public thoroughfares and shall be in harmony with the proposals of the Master Plan, the Official Map and the requirements of the Board. All drives, access roadways and sidewalks shall be properly paved, curbed and drained as approved by the Borough Engineer and shall comply with the requirements of the ordinances of the Borough of Pompton Lakes. All driveways shall have a minimum pavement width of 24 feet between curbs. However, access roadways shall have a minimum pavement width of 30 feet between curbs. Private access roadways, where necessary, shall be designated as "emergency vehicle routes." Curb parking along these routes shall be prohibited and the prohibition enforced by the Borough.

B. AH-1 and AH-2 Affordable Housing Zones. With respect to the AH-1, and AH-2 Zones, the Borough of Pompton Lakes recognizes its obligation under the New Jersey Fair Housing Act to provide for its own indigenous need and its fair share of the regional need of low- and moderate-income (affordable) housing. The AH-1 zone is identified by the following properties: Block 100 Lot 25, Block 2700 Lot 5, Block 100 Lot 22.03, Block 1000 Lot 18, Block 1000 Lot 20, Block 1000.01 Lot 1, Block 1000.01 Lot 20.01, Block 1800 Lot 19, Block 2701 Lot 1, and Block 2701 Lot 3. The AH-2 zone is identified by the following properties: Block 2600 Lot 2, and Block 9001, Lot 17.

[Amended 12-4-2019 by Ord. No. 19-25; 2-26-2020 by Ord. No. 20-06; 9-23-2020 by Ord. No. 20-20]

(1) Permitted principal uses and densities. Properties in the AH-Districts may be developed with townhouses, condominiums and apartments. Properties in the AH-2 District may also include a commercial retail component. All development in the AH Districts is subject to the following requirements and limitations:

(a) In the AH-1 District, properties may be developed only for townhouses at a maximum density of 10 housing units per acre, exclusive of any state- or federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of 15%, and subject to other requirements and limitations as may be imposed by this chapter; provided, however, that not fewer than 20% of the total of number of for-sale or 15% of the total number of rental housing units shall be designated for occupancy by low- and moderate-income households. The units designated for low- and moderate-income households may be either townhouses or apartments.

(b) In the AH-2 District, properties may be developed for mixed-use townhouse or apartment units at a maximum residential density of 13 housing units per acre, exclusive of any state- or federally designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of 15%, and subject to other requirements and limitations as may be imposed by this chapter; provided, however, that not fewer than 20% of the total of number of for-sale or 15% of the total number of rental housing units shall be designated for occupancy by low- and moderate-income households. The units designated for low- and moderate-income households may be either townhouses or apartments. A commercial component is also permitted as either a separate structure or integrated into the ground floor of the residential development. The commercial component should be integrated into the site to create a natural transition between the Gateway District (GWD) and adjacent residential neighborhoods. Commercial uses should cater to the nearby residential neighborhood and school, and shall be limited to:

[1] Restaurants and eating and drinking establishments but excluding drive-in or drive-through restaurants.

[2] Retail sales and services.

[3] Personal and business services.

[4] Banks and other fiduciary institutions.

[5] General, business and professional offices, including medical offices, finance, insurance and real estate offices.

[6] Educational or quasi-educational establishments, such as ballet or dance schools, martial arts schools, nursery schools and business, vocational or technical schools.

[7] Municipal, county, state and federal government offices.

(2) Permitted Accessory Uses. The following accessory uses are permitted in the AH-1 and AH-2 Zones:

(a) Private garages.

(b) Buildings for storage of maintenance equipment.

(c) Off-street parking as regulated in § 190-16CC.

(d) Signs in accordance with § 190-16Q.

(e) Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

The following accessory uses are permitted in the AH-2 Zone:

(a)	Uses and structures that are customarily subordinate and incidental to a principal permitted use.
(b)	Signs. See § 190-16Q.
(c)	Off-street parking and surface parking.

(3) Required conditions in the AH-1. The following zoning standards shall apply:

(a) Minimum lot area: two acres.

(b) Minimum setback from streets and tract boundary: 50 feet.

(c) Maximum building coverage: 20% of site.

(d) Maximum height of building. No building shall exceed a height of 3 1/2 stories or 45 feet.

(e) Parking. Adequate provision shall be made for off-street parking in accordance with all applicable provisions of § 190-16CC of this chapter.

(4) Required conditions in the AH-2 District. The following zoning standards shall apply:

(a) Minimum lot size: One acre.

(b) Minimum lot width: 60 feet.

(c) Maximum height: 3 1/2 stories or 45 feet, whichever is less.

(d) Minimum front yard setback: 50 feet.

(e) Minimum side yard: The combined side yard shall be a minimum of 25 feet and, where applicable, shall be wide enough to accommodate a full-access driveway and vegetative buffering.

(f) Minimum rear yard: 35 feet.

(g) Maximum building coverage: 35%.

(h) Maximum impervious coverage: 50%.

(i) Maximum commercial FAR of .15 which is not to exceed 8,500 square feet.

[1] Green roof bonus option. Developments with green roofs, which meet all of the requirements specified in § 190-39.3A, may increase the maximum allowable impervious coverage by 10%.

(j) Requirements for parking areas and driveways. See requirements for parking areas and driveways in DBD-1 District, § 190-17F(6).

(k) Requirements for parking decks. See requirements for parking decks or structures in the DBD-1 District, § 190-17F(7).

(5) Minimum distances between buildings. The minimum distance between buildings shall be equal to the height of the tallest building, or as otherwise approved by the reviewing Board to enable adequate air, light and open space between buildings.

(6) Accessory buildings.

(a) Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 100 feet from a residential property line and at least 50 feet from any other property line.

(b) Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

(c) Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

(7) Open space and recreation. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 30% of the entire tract for common open space and facilities.

C. The district regulations for the B-1 and B-2 Business Zones shall be as follows:

(1) Permitted principal uses.

(a) Retail sales and services in the B-1 District only.

(b) Business and professional offices.

(c) Restaurants, B-1 District only.

(d) Fast-service restaurants, B-1 District only.

(e) Banks.

(f) Clubs, lodges and fraternal, civic and charitable organizations.

(2) Permitted accessory uses and structures.

(a) Off-street parking and other accessory uses customarily incidental to the permitted principal use.

(b) Apartments above the first floor in the B-1 Zone only.

(3) Permitted conditional uses.

(a) Church or other place of worship.

(b) Public and private schools.

(c) Municipal uses.

(d) Board of Education uses.

(e) Public utility facilities.

(f) Profit-making private schools and trade schools.

(g) Public garages and gasoline service stations.

(4) Lot, yard and height regulations: see Schedule 1.[2]

[2] Editor's Note: Schedule 1, Schedule of Zone Districts, is included as an attachment to this chapter.

(5) General provisions.

(a) Unattached buildings shall not be erected closer than 30 feet to any other building situated on the same lot.

(b) Curbed pedestrian walks, not less than five feet wide, shall be provided along the entire length of any wall of stores which contain public entranceways or exitways and/or display windows.

D. The district regulations for the M Manufacturing-Industrial Zone shall be as follows:

(1) Permitted principal uses.

(a) Limited manufacturing and light industrial operations.

(b) Business and professional offices.

(c) Clubs, lodges and fraternal, civic and charitable organizations.

(2) Permitted accessory uses and structures.

(a) Accessory storage, limited to goods and materials necessary for and related to the principal use, within a wholly enclosed permanent building.

(b) Off-street parking and loading facilities and other customary buildings and uses accessory to the permitted principal use of a building.

(3) Permitted conditional uses.

(a) Public and private schools.

(b) Municipal uses.

(c) Board of Education uses.

(d) Public utility facilities.

(e) Profit-making private schools and trade schools.

(f) Public garages and gasoline service stations.

(g) Shopping centers.

E. The district regulations for the O-S Public Open Space and C-R Conservation-Recreation Districts shall be as follows:

(1) Permitted principal uses.

(a) Outdoor commercial and noncommercial recreational uses, including horseback riding and jumping schools, bridle trails, hiking and nature trails, bicycle paths, picnicking, camping, field trails for dogs, wildlife preserves, archery, tennis, ice skating, bird watching, ecology, nature classes, parks and playgrounds and other recreational uses not inconsistent with the foregoing. In the C-R Zone, only tennis courts, golf courses, miniature golf courses, commercial and noncommercial swim club. These activities shall take place in designated areas only and are subject to all other applicable regulations.

(2) Permitted accessory uses.

(a) None.

(3) Permitted conditional uses in the C-R Zone only.

(a) Public and private schools.

(b) Municipal uses.

(c) Board of Education uses.

(4) Lot, yard and height regulations: see Schedule 1.[3]

[3] Editor's Note: Schedule 1, Schedule of Zone Districts, is included as an attachment to this chapter.

(5) General provisions.

(a) Suitable screening, landscaping or fencing shall be provided along the boundaries of any outdoor athletic or recreation areas to protect adjacent properties from physical damage, noise, excessive light and to shield any adjacent area from the activities conducted on such areas.

(b) Improvements shall be designed to result in the minimal degradation of a risk to unique or irreplaceable land types, historical or archaeological areas and existing scenic and aesthetic attributes of the site.

F. The district regulations for the DBD-1 Downtown Business District shall be as follows:[4]

[Added 11-28-2007 by Ord. No. 07-20]

(1) Purpose. The DBD-1 Downtown Business District is the core of Pompton Lakes' downtown where pedestrian-oriented, regional, specialized shopping opportunities in a downtown setting shall be encouraged. Uses which are automobile-oriented, or which have low customer turnover on the ground floor or which create gaps in retail store frontage shall be discouraged, except that appropriate retail, office and residential uses in mixed-used buildings shall be encouraged.

(2) Principal permitted uses:

[Amended 9-5-2012 by Ord. No. 12-09]

(a) Restaurants and eating and drinking establishments.

(b) Drive-in or drive through uses are a permitted accessory use where the Planning Board has determined that adequate and safe means of traffic circulation exists to allow the drive-in or drive through use.

(c) Commercial recreation and entertainment facilities, such as theaters, movie theaters, museums, galleries and amusement centers.

(d) Retail sales and services.

(e) Personal and business services.

(f) Banks and other fiduciary institutions.

(g) Package stores and taverns.

(h) General, business and professional offices, including legal offices, medical offices, physical therapists, finance, insurance and real estate offices.

(i) Artist studio, art center.

(j) Fitness, health clubs, martial arts, gymnastic and yoga facilities.

(k) Any and all licensed professional services, except those specifically prohibited.

(l) The following uses are permitted in Block 3000, Lot 13:

[Added 6-11-2014 by Ord. No. 2014-18]

[1] Academic schools and educational establishments.

For the principal permitted uses set forth in Subsection F(2)(a) through F(2)(k), the retail storefront appearance and character shall be maintained to the maximum extent practicable.

(3) Permitted accessory uses. The following uses shall be permitted as accessory uses in the DBD-1 Downtown Business District Zone:

(a) Uses and structures that are customarily subordinate and incidental to a principal permitted use.

(b) Off-street parking. See § 190-16CC.

(c) Signs. See § 190-16Q.

(d) Surface parking and parking decks, provided that they serve uses expressly permitted in the DBD-1 Downtown Business District Zone. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the DBD-1 Zone.

(4) Prohibited uses. The following uses shall be prohibited in the DBD-1 Downtown Business District Zone:

(a) Drive-in or drive-through uses.

(b) Gasoline filling stations, gasoline service stations, new and used automobile sales, automobile rentals, repair establishments and automobile washing establishments.

(c) Sales, rental or repair of automobiles, motorcycles, boats, trailers, lawn mowers, small gasoline or other liquid fuel engines.

(d) Lumber or building material yards.

(e) Manufacturing, research and development, wholesale trade or warehouse establishments and bus and truck depots.

(f) Storage establishments, including mini-storage warehouses.

(5) Bulk requirements for principal buildings.

(a) Minimum lot size: 5,000 square feet.

(b) Minimum lot width: 50 feet.

(c) Maximum height: three stories or 45 feet.

(d) Minimum front yard setback: zero feet.

(e) Minimum side yard: No side yards shall be required for buildings, except that where a side yard is provided, such side yard shall be a minimum of 10 feet. However, if the Board determines that additional separation between buildings is needed for the adequate provision of light, air, open space or access, a larger side yard setback may be required.

(f) Minimum rear yard: 10 feet, except that for buildings which exceed 35 feet in height or for buildings which contain residential units, a minimum rear yard setback of 15 feet and as large as 30 feet may be required as determined by the Board, based on the provision of adequate light, air and open space.

(g) Maximum building coverage: 75%.

(h) Maximum impervious coverage: 85%.

[1] Green roof bonus option. Developments with green roofs, which meet all of the requirements specified in § 190-39.3A, may increase the maximum allowable impervious coverage by 10%.

(6) Requirements for parking areas and driveways.

(a) No parking or accessory structures shall be permitted in front yards. Surface parking areas shall be set back at least four feet from side or rear property lines, although the Board may require such additional distance from property lines to allow for appropriate fencing and for landscaped screening where adjoining residential zones.

(b) Underground and under-building parking is permitted, provided that 60% of the street frontage is comprised of commercial building space.

(c) Accessory structures other than parking decks shall not exceed one story or 15 feet in height, whichever is lesser, and shall be set back at least four feet from side and rear property lines. Parking decks shall be set back at least 15 feet from all property lines.

(d) Provisions shall be made at the rear of all nonresidential buildings for off-street loading and unloading, subject to Board review. Exceptions may be granted for existing buildings where no such loading or unloading is provided for or for new buildings where rear access from public streets is not available.

(e) Except as otherwise noted in this section, parking lot and driveway design shall meet the requirements of Ordinance § 190-16Z.

(7) Requirements for parking decks.

(a) No parking decks shall have frontage on Wanaque Avenue.

(b) No parking decks may exceed 35 feet in height.

(c) A setback of at least 15 feet shall be provided from all property lines. Within such setback areas, vegetative plantings shall be provided to screen the deck from adjacent properties and from the public street.

(d) The facade of the parking deck facing a public street or an adjacent residential use or zone boundary shall have an architectural finish in keeping with the commercial or residential character of the surrounding area.

(8) Requirements for outdoor cafes.

(a) Outdoor cafes shall be permitted on sidewalks, plazas and courtyards, provided pedestrian circulation or access to store entrances is not impaired.

(b) A minimum of five feet of sidewalk area must be free of any sidewalk cafe feature or obstruction to allow for adequate pedestrian circulation.

(c) Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.

(d) Extended awnings, colorful canopies or large umbrellas are also recommended as a way of creating a festive environment for the area.

(e) Outdoor establishments shall not be entitled to additional signage.

(f) The operators of outdoor cafes shall be responsible for maintaining a tidy appearance within the area of their activities.

(9) Requirements for planned commercial developments.

(a) Minimum parcel size: 20,000 square feet.

(b) Minimum parcel width: 100 feet, at the front street line.

(c) Maximum building height: four stories and 55 feet. Any development exceeding 45 feet in height shall be required to incorporate a building stepback on the front side of the building (at a point of 45 feet). The stepback/height ratio is one foot for every two feet in building height above 35 feet.

(d) Setbacks. A planned commercial development is not required to incorporate the setbacks requirements for principal uses in the DBD-1 District, so long as the design meets the approval of the Board. The intent of this lessening of requirements is to encourage a creative and comprehensive project design.

(e) Parking. The development may integrate alternative parking arrangements such as structured parking, underground parking or a shared parking scenario to reduce the amount of surface parking.

(f) Open space. A minimum of 20% of the planned commercial development parcel shall be reserved as open space and shall be provided consistent with the recommendations in the Pompton Lakes Master Plan. Open space shall include floodplain areas, where appropriate, and newly created public spaces, such as public plazas and areas for active and passive recreation.

(g) First floor requirement. For lots with frontage on Wanaque Avenue, first floor uses within a planned commercial development shall contain retail establishments, while permitted uses above the first floor shall be for office or residential use.

[4] Editor's Note: See § 190-84A of the Code for modifications to this section related to the Downtown Pompton Lakes Redevelopment Plan.

G. The district regulations for the DBD-2 Downtown Business District shall be as follows:[5]

[Added 11-28-2007 by Ord. No. 07-20]

(1) Purpose. The DBD-2 District is the area that surrounds the downtown core, where building heights are slightly lower and a wider variety of both local and regional shopping opportunities which are both pedestrian and automobile-oriented are encouraged. In this area, a greater mix of uses on both the ground floor and on the upper floors is encouraged.

(2) Principal permitted uses:

(a) All uses permitted in the DBD-1 District.

(b) Shopping centers.

(c) Garden centers and building supply establishments.

(d) Educational or quasi-educational establishments, such as ballet or dance schools, martial arts schools, nursery schools and business, vocational or technical schools.

(e) General, business and professional offices, including medical offices, finance, insurance and real estate offices.

(f) Residential dwelling units above the first floor.

(g) Drive-in and drive-through uses.

(h) Planned commercial development.

(3) Permitted accessory uses. See accessory uses permitted in the DBD-1 District.

(4) Prohibited uses. See prohibited uses in the DBD-1 District. Uses prohibited in the DBD-1 District are also prohibited in the DBD-2 District, except otherwise noted as permitted principal or accessory uses.

(5) Bulk requirements for principal uses.

(a) Minimum lot size: 10,000 square feet.

(b) Minimum lot width: 60 feet.

(c) Maximum height: two stories and 35 feet.

(d) Minimum front yard: For lots with frontage on Wanaque Avenue, the minimum front setback shall be five feet.

(e) Minimum side yard: For lots with frontage on Wanaque Avenue, no side yard shall be required for buildings, except that where a side yard is provided, such side yard shall be a minimum of six feet.

(f) Minimum rear yard: 35 feet.

(g) Maximum building coverage: 65%.

(h) Maximum impervious coverage: 85%.

[1] Green roof bonus option. Developments with green roofs, which meet all of the requirements specified in § 190-39.3A, may increase the maximum allowable impervious coverage by 10%.

(6) Requirements for parking areas and driveways. See requirements for parking areas and driveways in the DBD-1 District, § 190-17F(6).

(7) Requirements for parking decks. See requirements for parking decks and structures in DBD-1 District, § 190-17F(7).

(8) Requirements for shopping centers.

(a) Minimum tract area: five acres.

(b) Lot frontage: Shopping centers shall be located on a lot with frontage on Wanaque Avenue.

(c) More than one principal building is permitted on a lot with a shopping center.

(d) Screening: All parking areas shall be screened from view from residential areas or streets with adequate landscaping; provided, however, that no screening shall be placed at any location which will interfere with ingress and egress from the site.

(9) Requirements for garden centers and building supply establishments.

(a) Sufficient space shall be provided on the site for loading operations.

(b) Loading areas and outdoor storage areas shall be set back at least 25 feet from a residential zone boundary or an existing residential use, and shall be separated from such areas by a buffer strip at least 15 feet in width with a screening at least six feet high comprised of a berm, fence or evergreen vegetation or a combination thereof.

(c) The facade of any building devoted to such uses which faces the street shall have the appearance of a commercial or residential building.

(10) Requirements for planned commercial developments.

(a) Minimum parcel size: 20,000 square feet.

(b) Minimum parcel width: 100 feet, at the front street line.

(c) Maximum building height: three stories and 45 feet.

(d) Setbacks. A planned commercial development is not obliged to incorporate the setback requirements for principal uses in the DBD-2 District, so long as the design meets the approval of the Board. The intent of this lessening of requirements is to encourage a creative and comprehensive project design.

(e) Parking. The development may integrate alternative parking arrangements such as structured parking, underground parking or a shared parking scenario to reduce the amount of surface parking.

(f) Open space. A minimum of 25% of the planned commercial development parcel shall be reserved as open space and shall be provided consistent with the recommendations in the Pompton Lakes Master Plan. Open space shall include floodplain areas where appropriate, and newly created public spaces, such as public plazas and areas for active and passive recreation.

[5] Editor's Note: See § 190-84B of the Code for modifications to this section related to the Downtown Pompton Lakes Redevelopment Plan.

H. The district regulations for the GWD Gateway District shall be as follows:

[Added 11-28-2007 by Ord. No. 07-20]

(1) Purpose. The Gateway District marks the entranceways into the Borough of Pompton Lakes at two points along the Paterson Hamburg Turnpike. The gateway areas are intended to offer a transition from the highway commercial uses found in adjoining municipalities to the residential areas within Pompton Lakes. Community-oriented commercial and retail uses, professional office uses, and, where appropriate, multifamily residential uses on the upper floors of buildings are encouraged in this area in order to promote public convenience and accommodate visitors using automotive, pedestrian or bicycle modes of transportation.

(2) Principal permitted uses:

(a) Restaurants and eating and drinking establishments, but excluding drive-in or drive-through restaurants.

(b) Retail sales and services.

(c) Personal and business services.

(d) Banks and other fiduciary institutions.

(e) Package stores and taverns.

(f) General, business and professional offices, including medical offices, finance, insurance and real estate offices.

(g) Educational or quasi-educational establishments, such as ballet or dance schools, martial arts schools, nursery schools and business, vocational or technical schools.

(h) Municipal, county, state and federal government offices.

(i) Residential dwelling units on stories above the first floor.

(j) Parking decks.

(k) Gasoline filling stations, gasoline service stations, automobile service and repair garages.

(3) Permitted accessory uses. The following uses shall be permitted as accessory uses in the Gateway District Zone:

(a) Uses and structures that are customarily subordinate and incidental to a principal permitted use.

(b) Signs. See § 190-16Q.

(c) Off-street parking, surface parking and parking decks of up to two stories in height, provided that they serve uses expressly permitted in the Gateway District. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the Gateway District.

(4) Prohibited uses. The following uses shall be prohibited in the Gateway District:

(a) Drive-in or drive-through uses.

(b) Lumber or building material yards.

(c) Manufacturing, research and development, wholesale trade or warehouse establishments and bus and truck depots.

(d) Storage establishments, including mini-storage warehouses.

(5) Bulk requirements for principal buildings.

(a) Minimum lot size: 10,000 square feet.

(b) Minimum lot width: 60 feet.

(c) Maximum height: three stories or 45 feet, whichever is less.

(d) Minimum front yard setback: zero feet. No building shall be set back further than the greater setback of buildings on the adjoining lots.

(e) Minimum side yard: The combined side yard shall be a minimum of 25 feet and, where applicable, shall be wide enough to accommodate a full-access driveway and vegetative buffering.

(f) Minimum rear yard: 35 feet.

(g) Maximum building coverage: 35%.

(h) Maximum impervious coverage: 50%.

[1] Green roof bonus option. Developments with green roofs, which meet all of the requirements specified in § 190-39.3A, may increase the maximum allowable impervious coverage by 10%.

(6) Requirements for parking areas and driveways. See requirements for parking areas and driveways in DBD-1 District, § 190-17F(6).

(7) Requirements for parking decks. See requirements for parking decks or structures in the DBD-1 District, § 190-17F(7).

(8) Requirements for gasoline filling stations, gasoline service stations, automobile service and repair garages. The following regulations shall apply to automobile service stations, automobile repair services and garages, public garages, filling stations, and/or gasoline service stations:

(a) Minimum lot size: 30,000 square feet.

(b) Minimum frontage: 150 feet. In addition, if the Board finds that the nature of the use proposed, either by virtue of scale, intensity of use, hazard or other such consideration, is such that a larger site is in the public interest, then it shall impose such additional requirements.

(c) Minimum setbacks. All gasoline pumps, air pumps, canopies and the islands upon which pumps are normally located shall be set back from the street line at least 35 feet and from any other property line at least 50 feet.

(d) Landscaping. The area along the front lot line, with the exception of those areas required for ingress and egress, shall contain a minimum of a six-foot-wide landscaped strip, defined by either a brick wall two feet in height, and capped with a stone or cast stone slab, or by an evergreen hedge of the same height. The landscaped area between the edge of the property line and the brick wall shall be planted with street trees no more than 30 feet on center.

(e) The lot lines of such automobile oriented uses shall not be located within 1,000 feet from any school offering courses of general educational instruction, hospitals, churches or libraries and not less than 2,000 feet from an existing auto repair or service station.

(f) All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.

(g) A minimum space of 25 feet shall exist between any two islands.

(h) No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. All parked motor vehicles, including employee's vehicles and those awaiting repair, must be located in the side or rear yard areas of the service station building, so as to not be visible from the front or side street right-of-way.

(i) Ingress and egress. Turning movements shall be designed and coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

(j) Screening. All public garages and gasoline service stations shall be screened from adjacent properties by a buffer area not less than five feet in width composed of densely planted evergreen shrubbery and fencing. Such buffer screen shall have a minimum height of six feet above finished grades. The materials used shall be in keeping with the character of the adjacent area and be maintained and replaced as required.

I. The district regulations for the CBR Cannonball Road District shall be as follows:

[Added 11-28-2007 by Ord. No. 07-20]

(1) Purpose. The Cannonball Road CBR District is the direct travel route between the Borough's downtown district and the hybrid industrial district. Commercial, retail, office and second-story residential uses are permitted. The intent of this district is to encourage revitalization of the area, through improved building and setback design and future widening of the road to accommodate increased traffic and streetscape improvements (i.e., sidewalks and landscaping). Various light industrial, manufacturing and warehousing uses are permitted if appropriately screened and positioned within the lot.

[Amended 4-10-2019 by Ord. No. 19-13]

(2) Principal permitted uses:

(a) Light industry.

(b) Business and professional offices, including medical offices, finance, insurance and real estate offices.

(c) Retail sales and services.

(d) Personal and business services.

(e) Restaurants and eating and drinking establishments, but excluding drive-in or drive-through restaurants.

(f) Package stores and taverns.

(g) Educational or quasi-educational establishments, such as ballet or dance schools, martial arts schools, nursery schools and business, vocational or technical schools.

(h) Public and private schools.

(i) Board of Education uses.

(j) Public utility facilities.

(k) Municipal, county, state and federal government offices.

(l) Residential units on stories above the first floor.

(m) Automobile service and repair garages.

(n) Planned commercial development.

(o) Flex space.

(3) Permitted accessory uses:

(a) Uses and structures that are customarily subordinate and incidental to a principal permitted use.

(b) Signs. See § 190-16Q.

(c) Off-street parking and surface parking, provided that they serve uses expressly permitted in the district. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the CBR District.

(4) Prohibited uses. The following uses shall be prohibited in the CBR District Zone:

(a) Heavy manufacturing.

(b) Bus and truck depots or terminals.

(5) Bulk requirements.

(a) Minimum lot size: 10,000 square feet.

(b) Minimum lot width: 75 feet.

(c) Maximum height: two stories or 25 feet, whichever is less.

(d) Minimum front yard setback: 25 feet.

(e) Minimum side yard: There shall be two side yards, where one shall be a minimum of 15 feet and the other shall be at least five feet.

(f) Minimum rear yard: 25 feet.

(g) Maximum building coverage: 35%.

(h) Maximum impervious coverage: 50%.

(6) Requirements for parking areas and driveways. See requirements for parking areas and driveways in the DBD-1 District, § 190-17F(6).

(7) Requirements for flex space.

(a) Minimum lot area: one acre.

(b) Minimum lot width at building line: 100 feet.

(c) Minimum front yard: 50 feet.

(d) Minimum side yards, each.

[1] Minimum setback from a nonresidentially zoned lot: 10 feet.

[2] Minimum setback from a residentially zoned lot: 25 feet.

(e) At least 10% of the total floor area shall be for office use, with the remaining floor area as warehouse or light industry.

(f) Accessory structures shall be subject to all the same siting requirements as principal buildings.

(g) Buffers and landscaping.

[1] Adjacent to any street line: 25 feet.

[2] Adjacent to a residential district: 25 feet.

[3] Adjacent to a nonresidential district: 10 feet.

(h) Parking requirements for flex space. In any flex space or mixed-use building, the total off-street parking and loading to be constructed shall be the sum required for the component uses as measured by the gross floor area devoted to each use. Hallways, bathrooms, elevators and similar common elements shall either be assigned to the most intense use they abut or shall be calculated as if part of an office use.

(8) Requirements for planned commercial developments.

(a) Minimum parcel size: two acres.

(b) Minimum parcel width: 100 feet, at the front street line.

(c) Maximum height:

[1] Residential development: 45 feet.

[2] Nonresidential development: 35 feet.

(d) Setbacks. The location and placement of buildings may vary from that otherwise required for principal buildings in the CBR District; however:

[1] No nonresidential building shall be closer than 25 feet to any lot line abutting a residential use; and

[2] The minimum spacing between any two buildings within the planned development shall be the height of the taller building.

(e) Parking. The development may integrate alternative parking arrangements such as structured parking, underground parking or a shared parking scenario to reduce the amount of surface parking.

(f) Open space. A minimum of 45% of the planned commercial development must be reserved as open space.

(g) Along all boundaries of the planned commercial development not abutting a public street, the project must provide a transition landscaped strip of at least 5% of the lot depth or 25 feet, whichever is less.

(h) A minimum of a ten-foot transitional landscaped buffer shall be provided where the planned development abuts a residential property.

(i) At least 10% of the floor area of a planned commercial development shall be for commercial use, such as retail or office space.

J. The district regulations for the HI Hybrid Industrial District shall be as follows:

[Added 11-28-2007 by Ord. No. 07-20; amended 4-10-2019 by Ord. No. 19-13]

(1) Purpose. The purpose of the Hybrid Industrial District is to provide a unique zone where a mix of compatible industrial and commercial uses could be comprehensively planned for in a common setting. The intent of this zone is to provide flexibility, promote cohesive site and building design, coordinate amenities and shared civic spaces, and protect and preserve environmentally sensitive areas within the district.

(2) Comprehensive planning and design. All sections or phases shall be developed in accordance with a general development plan (GDP) for the overall development of the property as approved by the Planning Board and subject to the requirements for general development plans set forth by the Municipal Land Use Law.[6] Development successors in title, if any, shall be bound by commitments made by this overall development plan.

[6] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(3) Design standards. Application for a general development plan and subsequent development applications shall conform to the design standards provided in Article V of this Code. Where a particular project requires construction not covered in the design standards, the proposed design will be evaluated on the basis of normally accepted engineering and/or architectural design practices. In the case of non-construction-related items, the proposed design will be evaluated on the basis of normally accepted engineering, architectural and/or planning practices.

(4) Permitted principal uses.

(a) Light industry.

(b) Research and development.

(c) Flex space.

(d) Storage establishments, including mini-storage warehouses.

(e) General, business and professional offices.

(f) Personal and business services.

(g) Planned commercial development.

(h) Artist and maker studios.

(i) Microbreweries and distilleries.

(j) Commercial recreation and entertainment facilities, including galleries.

(k) Fitness, health clubs, martial arts, gymnastic and yoga facilities.

(l) Passive recreation.

(m) Energy generation facilities.

(n) Government uses.

(5) Permitted accessory uses.

(a) Restaurants.

(b) Uses and structures that are customarily subordinate and incidental to a principal permitted use.

(c) Signs. See § 190-16Q.

(d) Off-street parking and surface parking, provided that they serve uses expressly permitted in the district. A parking facility accessory to one use may be used for parking accessory to other uses expressly permitted in the HI District.

(6) Prohibited uses. The following uses shall be prohibited in the HI Hybrid Industrial District:

(a) Residential uses.

(b) Day care.

(c) Schools.

(7) Bulk requirements. Bulk requirements for the HI Hybrid Industrial District shall be determined upon adoption of a general development plan by the Planning Board.

(a) Height. No building shall exceed a maximum of 60 feet in height.

(8) Minimum buffer. The developer shall provide and maintain a buffer area of not less than 50 feet from all external lot lines of the development. The buffer area shall, to the extent possible, be kept in its natural state where wooded. Where natural vegetation is sparse or nonexistent, the area shall be supplemented and planted to provide a year-round vegetation with indigenous, noninvasive species. The required buffer area shall be included for the purpose of computing compliance with the common open space and yard setbacks required as a condition of any general development plan. Only the following uses shall be permitted in a buffer area:

(a) Drainage improvements.

(b) Underground utilities.

(c) Interim environmental remediation equipment and structures.

(d) Pedestrian and bicycle paths.

(e) Crossing of access roads.

(f) Fences and retaining walls, where needed.

(g) Gatehouse.

(9) Open space. The general development plan shall provide a plan for the maintenance and conservation of all open space. The amount, location and purpose of the open space shall be defined in the plan.

(10) Pedestrian and bicycle circulation. Bikeways and walking paths shall offer connectivity throughout the entire HI District. See § 190-21D(6).

K. The district regulations for the R-1 Environmentally Sensitive District shall be as follows:

[Added 11-28-2007 by Ord. No. 07-20]

(1) Purpose. The intent of the R-1 District is to protect the area's environmentally sensitive lands and, specifically, its steep slopes and proximity to Lake Inez. Low-density residential development is permitted in this district, so long as the impact of the proposed development to the environment meets the requirements of this chapter and the approval of the Board.

(2) Principal permitted uses:

(a) Single-family detached dwelling.

(b) Single-family detached cluster development.

(c) Public parks and playgrounds.

(3) Permitted accessory uses and structures:

(a) Accessory uses customarily incident and subordinate to the principal uses as permitted above.

(b) Signs as permitted and regulated.

(c) Private, noncommercial swimming pool, tennis court or racquetball court.

(d) Fences and/or walls.

(e) Private, noncommercial greenhouses.

(4) Permitted conditional uses:

(a) Public and private schools.

(b) Churches and other places of worship.

(c) Municipal uses.

(d) Board of Education uses.

(e) Public utility facilities.

(5) Bulk requirements.

(a) Maximum density: 1.0 dwelling unit per 2.5 acres.

(b) Maximum building height: 35 feet.

(c) Single-family detached dwellings:

[1] Minimum lot area: 2.5 acres.

[2] Minimum frontage: 100 feet.

[3] Minimum width at setback line: 150 feet.

[4] Minimum front setback: 50 feet.

[5] Minimum side setback: 20 feet.

[6] Minimum rear setback: 70 feet.

[7] Maximum building coverage: 20%.

(d) Single-family cluster development.

[1] Minimum lot area: 20,000 square feet.

[2] Minimum frontage: 70 feet.

[3] Minimum width at setback line: 100 feet.

[4] Minimum front setback: 25 feet.

[5] Minimum side setback: 20 feet.

[6] Minimum rear setback: 70 feet.

[7] Maximum building coverage: 20%.

[8] Minimum common open space area: 40% of the tract.

L. R-9 Multifamily District.

[Added 9-23-2020 by Ord. No. 20-20]

(1) Permitted Principal Uses and Densities. Properties in the R-9 Multifamily District may be developed for townhouses or mid-rise flats at a maximum density of 10 housing units per acre, exclusive of any state- or federally-designated wetland or other wetland area confirmed by professional investigation and any area containing slopes exceeding a grade of 15%, and subject to other requirements and limitations as may be imposed by this chapter. There shall be no restriction in this zone with regard to the designation of occupancy by low- and moderate-income households.

(2) Permitted Accessory Uses. The following accessory uses are permitted in the R-9 Multifamily District:

(a) Private garages.

(b) Buildings for storage of maintenance equipment.

(c) Off-street parking as regulated in § 190-16CC.

(d) Signs in accordance with § 190-16Q.

(e) Private recreation buildings and facilities, including swimming pools, intended for use by residents of the premises.

(3) Required Conditions. The following zoning standards shall apply to development in the R-9 Multifamily District:

(a) Minimum lot area: five acres.

(b) Minimum setback from streets and tract boundary: 50 feet.

(c) Maximum building coverage: 20% of site.

(d) Maximum height of building. No building shall exceed a height of 3 1/2 stories or 45 feet.

(e) Maximum number of dwelling units per building:

[1] Townhouses: eight or apartments: 16.

[2] Townhouses: eight and apartments: 12.

(f) Parking. Adequate provision shall be made for off-street parking in accordance with all applicable provisions of § 190-16CC of this chapter.

(4) Minimum Distances Between Buildings. There shall be a minimum distance between dwelling structures as provided in the following schedule:

Facade to Facade	Minimum Distance At Any Point (feet)
Front facing front	60
Front facing rear	60
Front facing side	30*
Rear facing rear	60
Rear facing side	20*
Side facing side	20*
*NOTE: Not less than 50 feet if driveway is located between buildings.

(5) Accessory buildings.

(a) Setbacks. Accessory buildings shall meet the street and property line setbacks of the principal building. Swimming pools, tennis courts and other surfaced recreation facilities shall be at least 100 feet from a residential property line and at least 50 feet from any other property line.

(b) Height. The maximum height of an accessory building shall be 16 feet. Clubhouses shall be governed by height limitations for principal buildings.

(c) Design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.

(6) Open Space and Recreation. Exclusive of internal roadways and parking areas, there shall be provided a minimum of 30% of the entire tract for common open space and facilities.

§ 190-18 Conditional uses.

A. Uses permitted.

(1) Pursuant to P.L. 1975, Chapter 291,[1] the Planning Board may grant conditional uses as herein permitted and regulated. Said conditional uses shall be limited to:

(a) Public and private nonprofit schools.

(b) Public utility facilities.

(c) Churches.

(d) Board of Education uses.

(e) Profit-making private schools and trade schools.

[1] Editor's Note: See N.J.S.A. 40:55-D-1 et seq.

(2) Application for a permitted conditional use shall be made in accordance with procedures set forth in Article III of this chapter, and the Board shall act on the application in accordance with said procedures.

(3) No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In reviewing every application for a conditional use, the Board shall give reasonable consideration to:

(a) Character of the neighborhood.

(b) Conservation of property values.

(c) Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.

(d) Potential congestion of vehicle traffic or creation of undue hazard.

(e) Adequacy of site access and traffic circulation on and adjacent to the site.

(f) Pedestrian safety.

(g) Effect on the use and enjoyment of adjacent properties.

(h) The nature and intensity of the use.

(i) Adequacy of utility, drainage and other facilities.

(j) Stated principals and objectives of this chapter and the Master Plan of the Borough of Pompton Lakes.

(4) In reviewing an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located.

(5) Where a conditional use is part of a mixed-use development, the conditions of the conditional use shall be applied to that portion of the development related to the conditional use.

B. Conditional use requirements for permitted conditional uses shall be as follows:

(1) Nonprofit institutional uses. Certain nonprofit institutional uses may be permitted as a conditional use. If said conditional uses are located in any residential zone, they shall only be permitted after the following requirements are met:

(a) Public and private schools. Public schools covering any or all grades prekindergarten through grade 12 and full-time private schools covering any or all grades prekindergarten through grade 12 which are operated by charitable, religious or eleemosynary organizations to satisfy state-mandated educational requirements are permitted as a conditional use in all zone districts, provided that said conditional use shall meet all of the following requirements:

[1] Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other materials as may be required to guarantee to the satisfaction of the Board the following:

[a] The organization is or will be a bona fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.

[b] The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

[c] The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[i] The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.

[ii] The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted inside of a building or structure. Such activities shall only be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Pompton Lakes, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.

[iii] The sale of items, products or materials required for the educational programs or welfare of the students, or accessory to and having a relation to the activities conducted on the premises, such as, but not limited to, books, art materials and school supplies, or tickets for student activities, or other school related events, or food for school lunches, are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

[2] Minimum lot size. The lot or site on which the proposed use is to be located shall have a minimum area of 90,000 square feet, plus an additional 45,000 square feet for every 100 pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of 225 feet.

[3] Lot coverage. The coverage of the lot by buildings and structures will not exceed 15%, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed 40% of the total area of the lot.

[4] Setbacks.

[a] Any building or structure shall be set back from the front street line a distance not less than two feet of setback for each one foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.

[b] Any building or structure shall be set back from the side property lines a distance not less than two feet of setback for each one foot of building or structure height or 40 feet, whichever is greater.

[c] Any building or structure shall be set back from the rear property line a distance not less than two feet of setback for each one foot of building or structure height or 50 feet, whichever is greater.

[5] Exclusions. This subsection is not intended to apply to part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches or places of worship, or chartered membership organizations which are operated on a full-time basis which offer general academic instruction or training in a skill, trade or vocation and which are intended to fulfill state-mandated educational requirements.

(b) Public utility facilities. Public utility facilities and uses are permitted as a conditional use in all zone districts and shall meet the following minimum requirements:

[1] Proof of need. Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.

[2] Building design. The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.

[3] Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.

[4] Site requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility, together with any parking space required to serve the facility, so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways or other improvements does not exceed 50% of the total area not within 25 feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible the view of the parking area from a public street.

[5] Setbacks.

[a] Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.

[b] Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or 25 feet, whichever is greater.

[c] Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.

(c) Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use in all zone districts, provided that said conditional uses shall meet all the following requirements:

[1] Charter. The application shall be accompanied by the existing or proposed Charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board the following:

[a] The organization is or will be a bona fide nonprofit religious group organized primarily for the benefit of its membership and such other activities normally carried on by religious groups.

[b] The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.

[c] The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:

[i] The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.

[ii] The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted inside of a building or structure. Such activities shall only be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Pompton Lakes, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.

[iii] Sale of religious articles or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.

[2] Minimum lot size. The lot on which the proposed use is to be located shall have a minimum area of 75,000 square feet, and shall have a minimum street frontage of 225 feet.

[3] Lot coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways or other improvements shall not exceed 50% of the total lot area.

[4] Setbacks.

[a] Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

[b] Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or 25 feet, whichever is greater.

[c] Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.

[5] Exclusions. This subsection is not intended to apply to part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education and the like, be classified as a mixed use as defined herein for the premises on which they are conducted.

(d) Municipal uses. Municipal uses, other than parks, are permitted under this subsection as a conditional use in all zones, provided that said conditional uses shall meet all of the following requirements:

[1] Lot coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways or other improvements, shall not exceed 50% of the total lot area.

[2] Setbacks.

[a] Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

[b] Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or 25 feet, whichever is greater.

[c] Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.

[3] Off-street parking. Sufficient off-street parking space shall be provided to ensure that the use will not cause parking on a public street during the course of normal activities.

(e) Board of Education uses. Pompton Lakes Board of Education uses, other than schools are permitted under this subsection as a conditional use in all zones, provided that said conditional uses shall meet all of the following requirements:

[1] Lot coverage. The coverage of the lot by all buildings and structures shall not exceed 15% of the total lot area.

[2] Setbacks.

[a] Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.

[b] Any building or structure shall be set back from the side or rear property lines a distance not less than the height of the structure or 25 feet, whichever is greater.

[3] Off-street parking. Sufficient off-street parking shall be provided to ensure that the use will not cause parking on a public street during the course of normal activities.

(2) Public garage or gasoline service station. Public garages or gasoline service stations are permitted as a conditional use in the B-1 Zone as provided. Said conditional use shall meet all of the following requirements:

(a) Minimum lot size. The minimum lot area shall be 30,000 square feet measured within 200 feet of the front street right-of-way line.

(b) Frontage. Every lot shall have a minimum street frontage of 150 feet. In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirements.

(c) Front yard. No pump island shall be closer to the front street side line than 35 feet.

(d) Coverage. The building coverage of the lot shall not exceed 20%.

(e) Maximum height. No building height shall exceed one story or 35 feet.

(f) Screening. All public garages and gasoline service stations shall be screened from adjacent properties by a buffer area not less than five feet in width composed of densely planted evergreen shrubbery, soil fencing or a combination of both. Such buffer screen shall have a minimum height of six feet above finished grades. The materials used shall be in keeping with the character of the adjacent area and be maintained and replaced as required.

(g) Access. Entrance and exit driveways shall be limited to two for each 150 feet of frontage. Such driveways shall not be less than 16 feet nor more than 24 feet in width, and at least 15 feet from any adjoining property and at least 30 feet from the corner of any intersecting public streets.

(h) No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this subsection.

(i) Outdoor display. Accessory goods for sale may be displayed out of doors on the pump island end and the building island only and shall be stored in a suitable rack or container.

(3) Accessory housing option. Accessory apartments are permitted as a conditional use in all single-family detached residential zone districts subject to the following conditions:

(a) The principal structure and any alterations thereto must retain the appearance of a one-family residence, and the apartment and its entrance must be designed accordingly.

(b) Off-street parking must be provided in accordance with this chapter.

(c) The owner of the lot must reside in the primary or the accessory dwelling unit.

(d) A certificate of occupancy must be obtained for the apartment and renewed each year. The owner must present an affidavit annually providing that the circumstances under which the conditional use was originally approved still exist.

(e) One of the units must be occupied by a person age 55 or over.

(f) The accessory unit must be at least 450 square feet, but in no case shall said unit be larger than 25% of the principal dwelling unit.

(g) One of the units must be occupied by a family meeting the income and eligibility requirements of § 190-17B(9), (10), (11) and (12) of this chapter.

(h) Approval for a dwelling conversion issued pursuant to this subsection shall be subject to automatic revocation if:

[1] The owner of the dwelling unit fails to file with the Borough on or before January 31 of each year an affidavit certifying that the dwelling units comply with the standards set forth above; or

[2] Notwithstanding the filing of such affidavit, the Zoning Officer finds that the units do not in fact comply with the aforesaid standards.

C. General provisions for conditional uses.

(1) More than two conditional uses on a lot. Whenever an application for a conditional use is made to the Planning Board which in the opinion of the Planning Board involves or could reasonably be anticipated to involve more than one of the conditional uses as herein permitted and regulated, the Planning Board shall apply the conditions and standards for the use and location which will result in the largest lot size, the smallest lot coverage by the building and, in total, the largest front, side and rear yard setbacks, the greatest number of parking spaces and the largest lot frontage. In applying these conditions and standards to such mixed use, the Planning Board shall not be limited to the conditions and standards of any one of the conditional uses involved, but may apply a specific standard of condition for either of any of the uses involved.

(2) Mixed use of conditional use and nonconditional use on the same lot. A combination of conditional uses and other uses shall be permitted on the same lot in a particular zoning district only on the condition that:

(a) Both the conditional use and the other use are permitted in that district by this chapter.

(b) Each such use considered separately meets the requirements for the use proposed provided in this chapter for that zone.

(3) Part-time schools not a mixed use. It is not intended that part-time schools which are conducted as an adjunct or supplement to the activities of a church, religious organization or place of worship such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education and the like create a mixed use as defined herein for the premises on which they are conducted.

(4) Time frames for Planning Board action on conditional uses.

(a) Action by the Planning Board shall be in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Secretary to the Board or within such further time as may be consented to by the applicant.

(b) The review by the Planning Board of a conditional use shall include any required site plan review. The time period for action by the Planning Board on conditional uses shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Secretary to the Board as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

(c) Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40: 27-6.3) in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

(5) Findings of fact for conditional uses. The Planning Board shall not grant a permit for a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it that support the conclusion that:

(a) The proposed conditional use complies with all the applicable regulations of this chapter as to a conditional use.

(b) The proposed use at the specified location will not impair the welfare or convenience of the public.

(c) The proposed conditional use will not cause undue depreciation of property values in the neighborhood.

(d) The location and size of the conditional use and the nature and intensity of the operation will not dominate the immediate neighborhood as to prevent the development and use of neighboring property in accordance with the applicable zoning regulations. In determining the foregoing, consideration shall be given to:

[1] The location, nature and height of structures, walls and fences on the site.

[2] The nature and extent of landscaping and screening on the site.

[3] The safety and convenience of vehicular and pedestrian access and circulation to and within the site.

[4] Anticipated volumes and destinations of traffic generated by the proposed use.

(e) The proposed conditional use is needed by the residents of the Borough of Pompton Lakes and/or the State of New Jersey for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.

§ 190-19 Nonconforming uses and structures.

A. Continuance of nonconforming uses or structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this chapter may be continued, and any such existing nonconforming building or structure may be reconstructed or structurally altered, provided that it shall meet the requirements of this article.

B. Alteration, extension or enlargement of nonconforming uses or structures. Nonconforming uses or structures in all zone districts shall conform to the following requirements:

(1) Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.

(2) There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use. Structural alterations may be made in a building which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance.

(3) A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe by the Construction Official, the Chief of the Borough Fire Department or the Borough Engineer.

(4) In the event that there shall be a cessation of operation or occupancy of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use (the provisions of § 190-19A of this chapter notwithstanding) shall be presumptively deemed a violation of the terms of this chapter.

(5) Nothing in this chapter shall require any change in plans, construction or designated use of a structure or building if construction has been started and diligently prosecuted at the time of the adoption of this chapter.

(6) Nothing in this chapter shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this chapter.

(7) Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, shall not be changed or altered to enlarge the nonconformance.

C. Restoration of existing buildings which are nonconforming because of use. Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God or any public enemy or the like.

D. Restoration of existing buildings which are nonconforming because of reasons other than use. Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter and which is partially destroyed by fire, explosion, act of God or of any public enemy or the like; provided, however, that any restoration of any such building or structure shall not extend, enlarge or aggravate the previously existing nonconformance.