The regulations for residential accessory structures and uses shall apply as set forth below. For accessory structures and uses which do not fall into one of the following categories, but which are attached to the principal building or use, such as but not limited to decks, the regulations for the principal building shall apply.
A.
Detached garage.
(1)
Maximum height shall be 20 feet.
(2)
Maximum length shall be 30 feet.
(3)
Maximum width shall be 30 feet.
(4)
No temporary structures shall be permitted.
(5)
No structure shall be within 10 feet of any street line nor within three feet of any property line.
(6)
No structure shall be permitted between the building setback line and the street line.
(7)
Only one garage (i.e., either attached or detached) shall be permitted per lot.
[Added 8-24-2010 by Ord. No. 10-24]
(8)
All garages (i.e., either attached or detached) shall have a Code-compliant driveway to access the garage.
[Added 8-24-2010 by Ord. No. 10-24]
(9)
All garages (i.e., either attached or detached) shall be subject to Code building-coverage limits.
[Added 8-24-2010 by Ord. No. 10-24]
C.
Decks.
[Amended 5-11-2004 by Ord. No. 04-16; 5-25-2004 by Ord. No. 04-18; 8-22-2017 by Ord. No. 17-30]
(1)
Decks permitted. A deck may or may not be attached to the principal structure. A deck must comply with principal structure setback in all cases in compliance with the Schedule for Area and Yard Regulations for the particular zone in which decks are permitted including (only) R, R-1, R-2, R-3, R-5 and R-6. Decks must be installed behind the front facade(s) of the principal structure.
D.
Other detached buildings.
[Amended 11-14-1995 by Ord. No. 95-20; 9-10-2002 by Ord. No. 02-19-02]
(1)
Maximum height shall be 10 feet.
(2)
All detached outbuildings (sheds) shall be a maximum of 160 square feet; provided, however, that the property owner can meet the setback requirements as set forth in Subsection D(4) below.
[Amended 2-27-2007 by Ord. No. 07-08]
(3)
No structure shall be attached to a building.
(4)
No structure shall be within three feet of any property line.
(5)
No structure shall be permitted between the building setback line and the street line.
(6)
Only one detached outbuilding (shed) shall be permitted.
[Amended 2-27-2007 by Ord. No. 07-08]
E.
Swimming pool.
(1)
No permanent structure shall be permitted unless it is located on a lot as an accessory use to a residence and is surrounded by a permanent, continuous, self closing and self latching/self-closing fence at least four feet in height but not more than six feet in height, with self-latching, self-closing gates. Where the pool is elevated at least four feet above grade (such as an aboveground pool), a fence is not required, except that the ladder or steps leading up to the surface of the water shall be surrounded by a barrier that meets the requirements of the current, applicable Building Codes.[2]
[Amended 9-9-1997 by Ord. No. 97-8]
(2)
No pool or pool-related structure shall be permitted in the front yard between the principal building and the street line. The edge of any improvement related to the pool (coping, patio, walkway around the pool or similar improvements) shall be no closer than four feet, and the water's edge shall be no closer than six feet to a side or rear lot line.
[Amended 11-14-1995 by Ord. No. 95-20; —99 by Ord. No. 99.]
(3)
On a reverse frontage lot (see definition), the pool may be located to the rear of the residence consistent with rear yard setback requirements even though this rear yard abuts a street.
[Amended 9-9-1997 by Ord. No. 97-8]
F.
Tennis, basketball and other court games.
(1)
No tennis court shall be permitted unless it is protected by a permanent fence 10 feet in height behind each baseline and extending 10 feet beyond the playing area in each direction. No unfenced basketball or other court game shall be permitted unless the limits of the court are set back at least 20 feet from the side or rear lot line. Where a basketball or other court game is less than 20 feet from a side or rear lot line, but not less than permitted in F(2) below, the playing area along the side and/or rear lot line shall have a fence at least 10 feet in height.
(2)
No facility shall be permitted within 10 feet of any property line.
(3)
No facility shall be located in the front yard between the building and the street line.
G.
Patio, paved terrace, open porch, or deck.
H.
Fences and walls. All fences and walls shall be constructed so the finished side faces outward toward neighbors and the general public.
(1)
Detached single-family and two-family.
(a)
Open fencing (split rail, chain link, picket, etc., where at least 25% of the fence area is open) or solid fencing (stockade, chain link with inserted slats, etc.) may be erected to a maximum height of six feet, provided that fences higher than four feet are limited to a location along the rear lot line and/or along that portion of a side lot line located between the rear lot line and the front corner of the principal building. For purposes of locating fences higher than four feet on a corner lot, or a lot with frontage on more than one street, fences between four feet and six feet in height may be located as shown on the diagram titled "Fence Location Sketches" attached to and adopted as part of this chapter.[3]
[Amended 11-14-1995 by Ord. No. 95-20; and 9-9-1997 by Ord. No. 97-8]
[3]
Editor's Note: The fence location sketches are included at the end of this chapter.
(b)
Fencing in the front and side yards shall be open fencing (split rail, chain link, picket, etc., where at least 25% of the fence area is open) and shall be no higher than 48 inches.
[Amended 12-27-1988 by Ord. No. 88-24; 11-14-1995 by Ord. No. 95-20; 9-9-1997 by Ord. No. 97-8]
(c)
Walls shall not exceed 48 inches in height at any location and shall be constructed of brick or stone, not cinder blocks. Walls shall be set back the same as required for fences.
[Amended 11-14-1995 by Ord. No. 95-20]
(d)
Any wall or fence may be located anywhere on the property up to the property line, except that:
[Amended 11-14-1995 by Ord. No. 95-20]
[1]
No fence or wall shall be any closer than five feet to a street right-of-way or 15 feet from the curbline, whichever is greater;
[2]
No fence or wall shall be located within a sight triangle;
[3]
Fences running roughly parallel to and closer than 10 feet to a sidewalk shall extend no closer than 15 feet to an intersecting driveway while fences farther than 10 feet from the sidewalk may extend up to the driveway; and
[4]
No fence or wall located on a lot having reverse frontage shall be closer to the street right-of-way at the rear of a house than the house side of any buffer area [See § 107-48.1F(6).] or 15 feet, whichever is the greater distance.
(2)
Townhouse and multifamily units.
(a)
Stone or brick separations extending out from each unit may be constructed to a height of six feet (cinder block walls are not permitted). Wood, chain link, or separations other than stone or brick shall not be permitted. These structures shall not extend farther than eight feet from the building.
(b)
Where there are architectural or other regulations imposed by a homeowners' association, they shall be adhered to.
(c)
No wall or fence shall be permitted to extend beyond the eight feet allowed in Subsection H(2)(a) above in order to preserve access by fire and other emergency vehicles and personnel to the interior units since the interior units do not have side yards. No permitted wall or fence shall interfere with a required sight triangle.
(3)
Nonresidential.
(a)
Fencing around industrial uses, utilities, storage areas and similar functions may have cyclone fences up to eight feet in height. Said fences shall be screened from streets and nearby residential areas by shrubbery, evergreens and similar plantings.
(b)
No fence or plantings shall interfere with required sight triangles.
(4)
Fencing along arterial and collector roads shall adhere to § 107-48.1F(6).
I.
Earth terminal antennas. Such devices, commonly known as "earth terminal antennas," "satellite antennas," "microwave dish antennas," "dish antennas," and the like, are permitted as an accessory use together with the necessary support structure, amplifier, and electrical connections. One such facility shall be permitted per lot. The primary location for said facility shall be in the side or rear yards at least 20 feet from the property line or on the roof of the principal building. In the event none of these locations provides a line of sight to the satellite, the applicant shall apply to the approving authority for a variance to locate the facility in either the front yard or closer to another property line in the side or rear yard on the condition that if located in the front yard, plantings and/or other landscaping features such as walls, berms and fencing be installed to minimize the view of the antenna from the public street(s). To the extent the facility emits signals or other energy that interferes with electrical equipment in nearby homes and businesses, the antenna shall be appropriately shielded to eliminate the interference. To the extent the facility emits electric or magnetic fields determined by manufacturers, state or federal authorities to be a potential health or safety risk, the facility shall be modified as necessary to eliminate the risks. All electrical and service connections shall be installed underground.
J.
Storage of recreational vehicles, boats and certain commercial/industrial vehicles and equipment.
(1)
The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that the vehicle, including the length of any trailer needed to transport it, does not exceed 24 feet in length, and the vehicle is stored according to the Subsections J(1)(a), (b) (c) and (d) below. Any such oversized vehicle, or vehicle/trailer combination, exceeding 24 feet in length may be stored on a single-family lot of any size, provided that the oversized vehicle, or vehicle/trailer combination, is stored in a garage or, if stored outside, the lot shall have sufficient size and dimensions to allow the vehicle to be set back from any side or rear property line at least 100 feet, and the vehicle shall be screened from view by plantings, fences, buildings or any combination thereof. Storage of such vehicles in parking lots of townhouse, apartment or other multifamily developments is prohibited unless the vehicles are either parked in a garage or parked in a designated parking area where the space being used is in addition to the off-street parking spaces required for the dwelling units.
(a)
No travel trailer, camper or boat stored in conformance with this section shall remain in such storage for longer than 12 consecutive months.
(b)
Any such vehicle stored in accordance with this section shall not be occupied and shall not be provided with utility connections other than for the maintenance of such vehicle.
(c)
No vehicle or vehicle/trailer combination stored in accordance with this section shall be stored in the front yard, and all such vehicles shall be screened from view by fencing, plantings, buildings or combinations thereof and shall be set back from any side or rear lot line at least 10 feet, except the larger setbacks for larger vehicles as set forth above.
[Added 11-14-1995 by Ord. No. 95-20]
(d)
No trailer needed to transport a vehicle permitted by this section shall be parked on a lot empty, except for the limited seasonal period when a boat is in the water. Trailers with the boat or other vehicle mounted on the trailer shall be permitted as an integral unit.
[Added 11-14-1995 by Ord. No. 95-20]
(2)
No residential zone shall be permitted to have parked or stored on any vacant lot, lot which is used as a single-family or multifamily residential home, or within any public street right-of-way such construction, contractor, tractor-trailer unit either singly or in combination, school buses, commercial or industrial equipment and material such as, but not limited to, bulldozers, graders, dump trucks, rollers, tree and stump chippers and grinders, lawn mowers and fertilizer spreaders, tillers, roofing and other building materials and equipment, except that said types of equipment in operating condition may be parked (not repaired or kept in an inoperable condition) on a residential lot where the lot size is at least one acre; no more than two pieces of equipment may be located on the site at any one time; the equipment shall be owned and operated only by the resident of the site (permitting others to park on site is prohibited); each piece of equipment is parked no closer than 50 feet to any lot line; no such equipment shall be parked in any front yard, and each piece of equipment shall be either parked in an enclosed building such as a garage or be screened from abutting properties by buildings and/or dense planting material planted for a width at least 50 feet, or some combination of the two. The intent of these provisions is to reduce the probability that this type of equipment can impose a nonresidential character in a residential zone.
[Amended 9-9-1997 by Ord. No. 97-8 and 99 by Ord. No. 99-6]
(a)
For the purpose of this section, the tractor-trailer combination shall be deemed to be two separate pieces of equipment.
(b)
In addition to being in operating condition, all tractors and trailers, either separately or in combination, must possess a current and valid registration (either issued by the State of New Jersey, another state, or apportioned) and must have affixed a valid license plate, issued by the appropriate registering authority for such tractor and trailer.
K.
Yard/garage sales, flea markets, and outdoor sales at stores. A zoning permit shall be required for each flea market. No zoning permit shall be required for a yard or garage sale on a residential lot. No more than two one-day yard or garage sales shall be permitted from a residential property in any twelve-month period. Only the residents of the property may sell merchandise. Churches and other institutions located in zoning districts where retail sales are not permitted may conduct no more than one one-day flea market a year where persons rent space to sell merchandise.
[Added 11-14-1995 by Ord. No. 95-20; amended 9-9-1997 by Ord. No. 97-8]
L.
Keeping farm animals for pets, breeding, display, boarding or other purposes is prohibited in all zoning districts except on lots of at least four acres. The keeping of farm animals on lots of at least four acres shall be for personal, noncommercial purposes as an accessory use to a residence. Farm animals include, but are not limited to, horses, ponies, mules, goats, chickens, ducks, geese, pigeons, cows, swine and cattle. On lots of at least four acres, no more than one large farm animal such as a horse, pony, mule, swine, cow or head of cattle is permitted or, in the alternative, not more than four small farm animals such as, but not limited to, goats, chickens, pigeons, ducks and geese are permitted. For each additional acre above four acres, either one large farm animal is permitted up to a maximum of 10 large animals, or four small farm animals are permitted, up to a maximum of 30 small animals, or some combination of large and small animals based on the above schedule. Where such animals are kept on lots of four or more acres, they shall be housed and/or penned in facilities located at least 100 feet from the nearest side or rear lot line and shall be located in the rear yard at least 200 feet from any street line. Wild animals and/or animals listed as any state or federal endangered species are not permitted to be housed as pets, or kept for breeding or display purposes, or kept for any other purpose on any lot of any size. Wild animals include those beasts normally kept in zoological gardens, such as but not limited to lions, tigers, bears, deer, poisonous snakes, and alligators, as well as smaller animals indigenous to the area, such as raccoons and skunks.
[Amended 9-9-1997 by Ord. No. 97-8]
M.
Such devices, commonly known as "security gates" or "overhead doors/gates," and the like are prohibited in all zoning districts from being attached to the front of any residential or commercial building or structure. The front of said building or structure for the purpose of this provision will be defined as "front yard" is defined under § 107-3C of this chapter.
[Amended 9-15-2000 by Ord. No. 00-26]
[1]
Editor's Note: This ordinance also provided for the repeal of former § 107-93, Intention of provisions.