A. 
Nursing homes, congregate care and assisted living facilities. Applications for these uses as a permitted principal use shall comply with the following:
(1) 
Area and bulk regulations for all nonresidential districts:
(a) 
Minimum lot area: 80,000 square feet.
(b) 
Minimum lot width: 200 feet.
(c) 
Minimum lot depth: 200 feet.
(d) 
Minimum front yard: 50 feet.
(e) 
Minimum side yards: 25 feet.
(f) 
Minimum rear yards: 50 feet.
(g) 
Maximum building coverage: 30%.
(h) 
Maximum impervious coverage: 65%.
(i) 
Maximum building height (stories/feet): three stories/36 feet.
B. 
Child-care facilities. Applications for freestanding child-care centers as a permitted principal use shall comply with the following:
(1) 
Area and bulk regulations for all nonresidential districts:
(a) 
Minimum lot area: 10,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum front yard: 35 feet.
(e) 
Minimum side yards: 25 feet.
(f) 
Minimum rear yards: 50 feet.
(g) 
Maximum building coverage: 30%.
(h) 
Maximum impervious coverage: 65%.
(i) 
Maximum building height (stories/feet): two stories/30 feet.
(2) 
A minimum of 15 square feet of outdoor play area per child per play shift shall be provided. Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.
(3) 
The proposed outdoor area shall be designed with sufficient dimensions and orientation to enable its conversion to a parking area which would serve the building if it were occupied for an alternative permitted use. An applicant for a day-care facility shall be required to submit a sketch layout indicating the prospective conversion of play area to a parking use, including the location of access aisles, stall dimensions, location of parking spaces and provisions of an area for perimeter landscaping, as provided by ordinance.
(4) 
One off-street parking space shall be provided for every 10 children which the center is designed to accommodate, plus one space per employee at peak shift.
(5) 
Such facility shall comply with all applicable governmental requirements and shall be licensed by the New Jersey Department of Human Services.
(6) 
A child-care facility may be permitted to occupy an entire building or a portion of an existing building which is partially occupied by other uses, irrespective of any other ordinance limitations on the number of principal permitted uses allowed on a lot.
(7) 
The floor area occupied by a child-care center in any building for which the child-care center is an accessory use shall be excluded in calculating any parking requirement otherwise applicable to that amount of floor space and shall be excluded from the permitted floor area ratio allowable for that building.
C. 
Townhouses. Townhouse developments shall comply with the following:
(1) 
Minimum lot area: three acres.
(2) 
Minimum lot frontage: 300 feet.
(3) 
Minimum lot depth: 200 feet.
(4) 
Maximum density: 12 dwelling units per acre.
(5) 
Maximum units per building: seven.
(6) 
Maximum building height (stories/feet): 2 1/2 stories/35 feet.
(7) 
Minimum parking spaces: one garage space, one driveway space, plus one visitor space per three units.
(8) 
Maximum building length: 175 feet.
(9) 
Building-to-building setbacks:
(a) 
Front-to-front: 60 feet.
(b) 
Front-to-side: 45 feet.
(c) 
Side-to-side: 15 feet.
(d) 
Back-to-back: 40 feet.
(10) 
Minimum building setback from public right-of-way: 25 feet.
(11) 
Maximum building coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.[1]
[Added 5-7-2024 by Ord. No. 24-10]
[1]
Editor's Note: Schedule A, Area and Bulk Regulations, is included as an attachment to this chapter.
(12) 
Maximum impervious coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.
[Added 5-7-2024 by Ord. No. 24-10]
D. 
Hospitals and medical schools shall comply with the following:
[Amended 12-17-2002 by Ord. No. 02-19; 4-22-2008 by Ord. No. 08-10]
(1) 
Minimum lot area: 20 acres.
(2) 
Minimum lot frontage: 500 feet.
(3) 
Minimum lot depth: 300 feet.
(4) 
Minimum front yard: 95 feet.
(5) 
Minimum side yard (each/total): 35 feet/100 feet.
(6) 
Minimum rear yard: 20 feet (existing)/95 feet (new construction). [NOTE: Twenty-foot setback for building conditions existing as of the date of Ordinance No. 08-10. New construction shall be required to have a minimum ninety-five-foot setback.]
(7) 
Maximum floor area ratio: 0.91.
(8) 
Maximum building height (stories/feet): five stories or 65 feet, whichever is less.
(9) 
Maximum building coverage: 40%.
(10) 
Maximum impervious coverage: 70%.
E. 
Multifamily dwelling units. Multifamily developments shall comply with the following:
[Added 12-17-2002 by Ord. No. 02-19]
(1) 
Minimum lot area: three acres.
(2) 
Minimum lot frontage: 300 feet.
(3) 
Minimum lot depth: 200 feet.
(4) 
Maximum density: 24 dwelling units per acre.
(5) 
Maximum units per building: 12.
(6) 
Maximum building height (stories/feet): three stories/35 feet.
(7) 
Minimum parking spaces: Residential Site Improvement Standards requirements.[2]
[2]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
(8) 
Maximum building length: 180 feet.
(9) 
Building-to-building setbacks:
(a) 
Front-to-front: 60 feet.
(b) 
Front-to-side: 40 feet.
(c) 
Side-to-side: 30 feet.
(d) 
Back-to-back: 40 feet.
(10) 
Minimum building setback from public right-of-way: 75 feet.
(11) 
Minimum building setback from:
(a) 
Side and rear lot lines: 50 feet.
(b) 
Minimum buffer: 20 feet.
(12) 
Maximum building coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.[3]
[Added 5-7-2024 by Ord. No. 24-10]
[3]
Editor's Note: Schedule A, Area and Bulk Regulations, is included as an attachment to this chapter.
(13) 
Maximum impervious coverage: as identified in the zone where the parcel is located; see 195 Attachment 14, Schedule A.
[Added 5-7-2024 by Ord. No. 24-10]
A. 
Accessory structures and uses in residential districts. No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
(1) 
Accessory structures or uses shall not be located in the required front yard or within the front half of the side yard of any residential zone and may be erected anywhere within the required rear yard, except as provided herein:
(a) 
In all residential zones, the following shall apply: All sheds 100 square feet or less shall be a minimum of five feet from a side or rear property line and require only a zoning permit. Sheds and accessory buildings greater in size than 100 square feet but less than 450 square feet shall be a minimum of five feet from a side or rear property line. All sheds and accessory buildings on a corner lot shall be in the corner of the property furthest from the streets. All accessory structures over 450 square feet shall be a minimum of 10 feet from a side or rear property line. All garages on a corner lot shall meet the minimum bulk requirements. The maximum number of accessory sheds and detached garages is limited to a total of two on a single-family residential property.
[Amended 9-4-2001 by Ord. No. 01-19; 12-17-2002 by Ord. No. 02-19; 1-18-2011 by Ord. No. 11-04; 6-25-2013 by Ord. No. 13-15]
(b) 
An accessory structure shall be set back minimally 10 feet from the principal building.
(c) 
Light posts, mailboxes, signs, or walls, fences, and retaining walls 18 inches or less shall be permitted in the required front yard of any residential use. Off-street parking is also permitted in a front yard, restricted to the driveway area, which shall not exceed the width of the dwelling's garage.
(2) 
Maximum height for all accessory structures other than garages is 10 feet, measured from the highest point of the structure to grade. Maximum height for all accessory garages is 10 feet to the top of the highest roof beams for flat roofs and 15 feet from the highest point of the peaked roof of the structure to grade.
[Amended 9-4-2001 by Ord. No. 01-19[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of original Subsection A.3, which immediately followed this subsection.
(3) 
When an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
(4) 
In the case of a through lot, no accessory structure or use shall encroach upon that fourth of the lot depth nearest each street upon which the lot has frontage.
(5) 
No accessory structure shall be used for human habitation.
(6) 
No more than one accessory building per lot is permitted, provided a lot may contain a freestanding garage and a shed.
B. 
Accessory structures and uses in nonresidential districts. No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
(1) 
Accessory structures or uses shall not be located in the required front yard of a nonresidential zone, except that off-street parking spaces shall be permitted.
(2) 
Accessory structures or uses shall not be located within five feet of a side or rear lot line. Accessory structures shall be minimally 15 feet from the principal building.
(3) 
No off-street loading area or loading facility shall be permitted in a front yard.
(4) 
No accessory structure or use in a nonresidential zone shall exceed a height of 15 feet, except as provided elsewhere in this chapter.
[Amended 9-4-2001 by Ord. No. 01-19]
(5) 
In any nonresidential zone, when an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
(6) 
No accessory structure or use shall occupy an area greater than 20% of the area of the rear yard.
C. 
Private garages. There shall be erected with every single-family detached dwelling at least a two-car garage, which may be attached to, detached from or constructed beneath the dwelling, subject to the following conditions:
(1) 
A private garage may be erected only upon a lot containing a principal building.
(2) 
Any private garage shall be limited only to any of the following stated uses:
(a) 
Storage of passenger motor vehicles and recreational vehicles.
(b) 
Storage of other personal property.
(3) 
Storage of construction equipment or materials, except incidental quantities for personal use on site, shall be prohibited.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
A maximum of a three-car garage is permitted.
D. 
Temporary storage containers shall only be permitted subject to the following:
[Added 12-18-2007 by Ord. No. 07-23]
(1) 
Time. For periods of 14 days or less, no permit shall be required. However, the property owner shall comply with local code requirements.
(2) 
Location. Temporary storage containers shall be placed only in the driveway, allotted parking spaces, or other paved areas of the property which are not located in the right-of-way and do not obstruct the sidewalk. The following provisions shall also apply:
(a) 
No temporary storage container shall be located within three feet of a property line.
(b) 
Temporary storage containers shall be offset at least 10 feet from the principal building.
(c) 
A temporary storage container or containers shall not occupy an area greater than 10% of the area of the front, side or rear yard of which it is located.
(d) 
Whenever feasible, the applicant shall utilize existing buffers when determining the location for a temporary storage container in order to screen the container from adjoining properties.
(e) 
Temporary storage containers shall not obstruct circulation for vehicles, particularly emergency vehicles.
(f) 
Temporary storage containers shall not be placed in an area that would reduce parking to a level inconsistent with Borough ordinances and the Residential Site Improvement Standards (RSIS).[3]
[3]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
(g) 
Upon a showing of practical necessity, the Construction Official or his designee may grant relief from the requirements of Subsection D(2)(b) and (c).
(h) 
No container shall remain for a period greater than 30 days, plus two renewals of 30 days each.
(3) 
Size. A temporary storage container shall not be larger than eight feet wide or 20 feet long or 150 feet in total area and shall be no higher than eight feet from grade.
(4) 
Use.
(a) 
The use of any temporary storage container shall be confined to the property owner or legal tenant whose property the container is placed upon. The containers are intended to store common household items.
(b) 
The following items are expressly prohibited from being stored or kept within a temporary storage container:
[1] 
Hazardous substances, including chemical, flammable or explosive materials;
[2] 
Trash;
[3] 
In addition, temporary storage containers shall not be used for temporary habitation of humans or animals; and
[4] 
Commercial inventory.
(c) 
Signage for any temporary storage container shall comply with the following:
[1] 
A temporary storage container shall have no signage other than the name, logo, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the temporary storage container; and
[2] 
The sign must be permanently adhered to or painted on the temporary storage container.
(5) 
Lighting. There shall be no lighting fixtures attached to a temporary storage container, nor shall any lighting fixture be solely utilized to light a container. In addition, no electrical service shall be attached or brought to the temporary storage container.
(6) 
Maintenance.
(a) 
Any temporary storage container shall be in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks.
(b) 
When not in use, the temporary storage container shall be kept locked.
(7) 
Applicability.
(a) 
In addition to compliance with all other requirements of this chapter, the use of temporary storage containers must comply with the standards established by this Subsection D.
(b) 
Where the requirements of any part of this Subsection D may conflict with any other section of this chapter, this Subsection D shall prevail.
E. 
Hothouses or greenhouses. A hothouse or greenhouse shall be used only for raising or growing of horticultural or agricultural products to be used on the premises and not sold therefrom and must not be closer to side or rear lot lines than 10 feet.
F. 
Swimming pools and tennis courts.
(1) 
Swimming pools above grade or in-ground and used exclusively for private purposes shall be located or situated behind any rear wall of the house. Pools shall not be permitted between the side property line and the adjacent side wall of the dwelling which is closest to the property line. Said pool is required to be a minimum distance of 15 feet from side and rear lot lines. In addition, all pools shall be a minimum of 10 feet from any principal structure and five feet from an accessory structure.
[Amended 9-4-2001 by Ord. No. 01-19]
(2) 
The installation of lights for tennis courts is prohibited.
(3) 
Swimming pools and tennis courts shall be suitably fenced.
(4) 
All pools shall meet the enclosure and safety requirements as per the latest building code.[4]
[Amended 9-4-2001 by Ord. No. 01-19]
[4]
Editor's Note: See Ch. 129, Construction Codes, Uniform.
(5) 
Temporary accessory swimming pools are defined as pools that are inflatable or have such structure that does not require being set into existing grade or require ground reinforcement or footings, are disassembled at the end of each season and are used exclusively for private purposes. Such a temporary accessory swimming pool shall be capable of containing more than 24 inches of water and have a filter system. A temporary accessory swimming pool is permitted in the R-1 Detached Single-Family Residential District by a temporary use permit. Said temporary accessory swimming pool permit shall comply with the applicable regulations as identified herein, with the following exceptions:
[Added 7-16-2013 by Ord. No. 13-19]
(a) 
Time period and applicability. A temporary use permit for a temporary accessory swimming pool shall be required to be obtained from the Zoning Officer. A temporary accessory swimming pool shall be permitted for a time period of no more than 120 days. However, the application for a temporary accessory swimming pool shall comply with local code requirements, such as electrical, plumbing and fence requirements, and applicable state and federal regulations that may control such structures and their location.
(b) 
Location. Temporary accessory swimming pools are permitted in the rear yard area in compliance with all applicable setbacks set forth herein. An exception is permitted wherein if a temporary accessory swimming pool is to be located on a corner lot wherein a front yard is adjacent to such rear yard area, the temporary accessory swimming pool shall be set back at a minimum of 1/2 of the front yard setback requirement in the zone wherein the pool is to be located.
(c) 
Size. A temporary accessory swimming pool shall not be larger than 475 square feet and shall be no higher than six feet from the top of the pool to existing grade at the highest point.
G. 
Fences and walls.
(1) 
No fence or wall shall be erected, altered or constructed in any residential zone which shall exceed six feet in height above predisturbed ground level. No fence shall exceed a height of four feet nor be less than 50% open in the front yard. Retaining walls or landscape walls shall not exceed a height of three feet in the front yard.
[Amended 1-18-2011 by Ord. No. 11-04]
(2) 
No fence or wall shall be erected, altered or constructed in any nonresidential zone which shall exceed six feet above ground level.
(3) 
Notwithstanding the above provisions, no fence or wall shall be erected, altered or constructed in any zone which shall violate the provisions set forth regarding sight triangles.
(4) 
Fences surrounding the perimeter of tennis courts shall be exempt from the above requirements. Said fence shall not exceed 14 feet in height above ground level.
(5) 
The finished side of a fence shall face the adjoining properties.
(6) 
All fences permitted by this subsection and all walls under four feet to one foot six inches in height shall require a zoning permit only. All proposed retaining walls four feet and over in height require review and approval from the Borough Engineer and the Building Department.
[Amended 9-4-2001 by Ord. No. 01-19; 1-18-2011 by Ord. No. 11-04; 6-25-2013 by Ord. No. 13-15]
(7) 
No fence shall contain barbed wire, razor ribbon, metal spikes or electrified materials or be constructed of a material which may be dangerous to persons or animals.
(8) 
Retaining walls shall be subject to the following additional requirements:
(a) 
Retaining walls shall not have any continuous exposed wall face in excess of four feet in height measured from the lowest elevation of the finished grade.
(b) 
In any embankment which is constructed by the use of retaining walls, each wall shall also be subject to a maximum height limitation of four feet and shall be tiered at every four-foot interval of height.
[Amended 9-4-2001 by Ord. No. 01-19]
(c) 
The top of a retaining wall of a group of tiered walls shall have a fence or substantive planting element, minimally four feet in height, so as to create an appropriate safety barrier.
(d) 
Shrubs and/or ornamental or evergreen trees shall be required at each tier level to minimize the appearance of the wall's height and mass and to enhance the aesthetics.
[Amended 9-4-2001 by Ord. No. 01-19]
(e) 
There is no setback requirement from property lines for retaining walls. No such retaining wall, however, shall be permitted to interfere with safe sight distance.
[Amended 9-4-2001 by Ord. No. 01-19]
H. 
Child-care center facilities. Application for a child-care center as a permitted accessory use shall comply with the following: A child-care center shall be permitted to occupy as an accessory use a portion of a building which is occupied as a principal permitted use in all nonresidential zones. This use shall be available to the occupants of the building and may also be available to others, provided that:
(1) 
The facility is licensed by the New Jersey Department of Human Services.
(2) 
Outdoor play space requirements for children older than 10 months shall be as follows: a minimum of 150 square feet per child attending for three or more consecutive hours. When more than five children are using the space at one time, there shall be 30 square feet of space for each additional child in addition to the one-hundred-fifty-square-foot requirement.
(3) 
Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.
(4) 
The area and bulk requirements applicable to the zone in which the site is located shall be complied with.
(5) 
No more than 30% of a building shall be occupied as a day-care center.
(6) 
No additional parking shall be required.
I. 
Home-based businesses. Home-based businesses shall be permitted in all residential zone districts, provided there is compliance with the following:
(1) 
The use is limited to office use only, provided that this provision is only intended for such incidental activities as a virtual office. Any observable business activity, except for the parking of permitted commercial vehicles as permitted pursuant to § 195-165D(10)(d), is unlawful under this subsection.
(2) 
The use is operated by or employs in the residence only a resident(s) who is a permanent full-time resident of the dwelling and no other persons.
(3) 
No nonresident employees, customers or business invitees or guests shall visit the dwelling unit for business purposes.
(4) 
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household.
(5) 
Interior storage of materials shall consist only of office supplies.
(6) 
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights. This subsection is not intended to prohibit the parking of commercial vehicles in residential zones consistent with the limitations contained in § 195-165D(10)(d).
[Amended 7-24-2007 by Ord. No. 07-06; 10-2-2007 by Ord. No. 07-19]
(7) 
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.
(8) 
The use does not require an increased or enhanced electrical or water supply.
(9) 
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(10) 
The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the sanitary sewer system or its components.
(11) 
Delivery trucks shall be limited to United States Postal Service, United Parcel Service, Federal Express and other delivery services providing regular service to residential uses in the zone district.
(12) 
All vehicular traffic to and from the home-based business is limited in volume, type and frequency to what is normally associated with residential use in the district.
(13) 
No use involving motor vehicles with commercial plates shall constitute a home-based business unless the vehicles are registered and garaged elsewhere, off site.
J. 
Building-mounted solar energy systems. Such systems may be installed only as an accessory use on a permitted principal use. Solar energy systems may be installed only as an accessory use on the roof of a permitted principal or accessory structure. Solar energy systems installed as an accessory use upon a roof shall comply with the following zoning requirements:
[Added 3-2-2021 by Ord. No. 21-1]
(1) 
Permit requirements.
(a) 
Before any solar panel may be installed, plans for such installation shall be submitted to the Borough Building Department and Borough Fire Official. No solar panel shall be installed without a permit issued by the Borough.
(b) 
The design of the solar energy system shall conform to all applicable industry standards, including the New Jersey Uniform Construction Code, the International Building Code, the National Electric Code and the Borough building or zoning regulations. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certified organization, and any such design shall be certified by an engineer registered in the State of New Jersey. The manufacturer specifications shall be submitted as part of the application.
(c) 
When the requirements imposed by any applicable code are either in conflict, more stringent or impose additional design standards than the requirements contained within the Borough Zoning Ordinance, then the requirements of the other applicable code shall govern and shall supersede requirements contained in the Borough Zoning Ordinance.
(2) 
Installation requirements.
(a) 
All solar panels shall be mounted on a roof. Solar panels installed upon a sloped roof shall not exceed a height of 18 inches above the surface of the roof in all zones where permitted.
(b) 
A roof-mounted solar panel mounted onto a flat roof may be angled to achieve maximum sun exposure but shall not exceed 18 inches above the roof surface in the R-1, R-2 and R-3 Zones and 36 inches in all zones. No such mounted solar panel shall be included in the calculation of building height it is attached to unless it exceeds the maximum height permitted herein.
(c) 
If required, roof-mounted solar panel installations shall be designed and constructed to provide designated roof walkways for emergency responders. Roof access pathways shall be located at structurally strong locations on the building capable of supporting the live load of firefighters accessing the roof.
(d) 
Roof-mounted solar panels must be installed in such locations so as to provide for roof access points to designated roof walkways in areas that do not require the placement of ground ladders over or in front of openings such as windows or doors, and located at strong points of building construction that are not in conflict with overhead obstructions such as tree limbs or wires.
(e) 
All roof-mounted panels shall be installed at least three feet from every edge of the roof and provide access walkways depending on the style of roof construction pursuant to the most recent edition of the New Jersey International Building Code.
(f) 
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto adjacent or nearby properties, businesses, dwellings or roadways.
(g) 
Except for the solar panels and electrical wiring systems, all other ancillary equipment associated with a solar energy system shall be located within a building.
(h) 
Conduit, wiring systems, and raceways for photovoltaic circuits shall be located as close as possible to the ridge or hip or valley and from the ridge, hip or valley as directly as possible to an outside wall to reduce tripping hazards and maximize ventilation opportunities. Conduit runs between subarrays and to DC combiner boxes shall be installed in a manner that minimizes the total amount of conduit on the roof.
(i) 
An external disconnect switch, readily accessible by emergency responders, and which is clearly identifiable and unobstructed, shall be provided to disconnect power at the solar panel.
(j) 
Marking is required on all interior and exterior direct conduit, enclosures, raceway, enclosures, cable assemblies, junction boxes, combiner boxes and disconnects to alert emergency first responders to avoid cutting them.
(k) 
Marking is required on all interior and exterior direct conduit, enclosures, raceway, enclosures and cable assemblies every 10 feet, within one foot of turns and bends and within one foot above and below penetrations of roof/ceiling assemblies, walls or barriers.
(l) 
The materials used for marking shall be reflective, weather resistant and suitable for the environment. Marking shall have all letters capitalized with a letter height 1/2 inch tall. Letters shall be white on a red background.
(m) 
Property owners shall provide the Borough Fire Official with a map illustrating the location of the disconnect switch, as well as any information regarding the vendor authorized to deactivate the solar panel. The Borough Fire Official is herein authorized to request additional information on the map or in a format specified by the Fire Official.
(n) 
Solar energy systems shall be designed and sized to provide energy for the principal use of the property whereon the solar energy system is installed and shall not be for the generation of power for commercial purposes. This provision shall not be interpreted to prohibit the sale of excess power generated from time to time from an accessory use solar energy system designed and sized to meet the energy needs of the principal use located on the same property whereon the solar energy system is installed.
(o) 
Any approval of a solar energy system does not create any actual or inferred solar energy system easement against adjacent property owners and/or any existing or future buildings or structures on adjacent properties. The owner and/or property owner of a solar energy system shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against current or future development adjacent to or higher than the property location of the solar energy system. The approval of any solar energy system granted by a reviewing agency of the Borough of Westwood or its employees and agents under this article shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy system on the part of the Borough of Westwood or by any officer or employee thereof for any future claims against said issuance of approval of the solar energy system that result from reliance on this article or any administrative decision lawfully made thereunder.
A. 
Places of worship. Churches, temples and other places of worship shall be governed by the following regulations:
(1) 
Minimum lot area: 25,000 square feet.
(2) 
Minimum lot width and depth: 150 feet.
(3) 
Minimum building setback, all lot lines: 30 feet.
(4) 
Maximum building height: 35 feet (exclusive of steeple).
(5) 
Maximum building coverage: 30%.
(6) 
Maximum impervious coverage: 65%.
(7) 
Minimum buffer width: 10 feet to all lot lines.
(8) 
Minimum parking: one space/three seats.
(9) 
Parking space location: prohibited in front yard; permitted in side/rear yards, provided it is set back minimally 10 feet from side and rear yard lines.
(10) 
Accessory uses permitted: educational buildings.
B. 
Public and private elementary and secondary schools shall be permitted, subject to the following:
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width and depth: 200 feet.
(3) 
Minimum building setback, all lot lines: 35 feet.
(4) 
Maximum building height: two stories.
(5) 
Maximum building coverage: 30%.
(6) 
Maximum impervious coverage: 65%.
(7) 
Minimum parking: one per five of pupil capacity in secondary schools, one per 10 of pupil capacity in elementary schools, plus one per employee and two per school bus to be parked.
(8) 
Parking space location: prohibited in front yard; permitted in side/rear yards, provided it is set back minimally 10 feet from side and rear yard lines.
(9) 
Minimum buffer: 10 feet to all lot lines.
(10) 
Accessory uses permitted: private garage.
(11) 
Miscellaneous: must meet regulations of National Code, Board of Fire Underwriters; masonry construction.
(12) 
Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the State Department of Education as required by law.
C. 
Automobile body shops: screening required. Vehicles parked or standing in other than a fully enclosed building, and all vehicles being repaired or serviced in other than a fully enclosed building, shall be located in an area completely surrounded by a six-foot-high fence, constructed of such material that the fence shall serve as a complete and effective screen, thereby preventing sight of any such vehicles from any street or any adjoining lot.
D. 
Gasoline and service stations.
(1) 
An application for a gasoline service station shall contain all of the data required for site plan review as set forth in this chapter and shall include the following additional information: the exact location of tanks, pumps, lifts and other appurtenances, if any.
(2) 
The lot shall be at least 400 feet, measured in a straight line, from any boundary line of any property which is used as or upon which is erected a public or private school or playground or athletic field, place of worship, hospital, public use, theater, or fire station and 1,000 feet, measured in a straight line, from any boundary line of a property which is used as a gasoline service station.
(3) 
Gasoline or oil tanks or pumps may be located within the front yard or front setback, but in no case shall they be closer than 12 feet to the property line where curbing exists and 20 feet to the property line where no curbing exists, with entrance and exit points.
(4) 
Driveways, exits, entrances, parking areas and areas used by motor vehicles must be surfaced with an asphalt or bituminous pavement which shall be graded and drained to dispose of all surface water as approved by the Borough Engineer.
(5) 
Mixed use. No part of any gasoline service station, wherever located, shall be used for any use other than repair service and sales of products directly connected with or related to motor vehicles.
(6) 
Outdoor repair prohibited.
(a) 
On any premises upon which a gasoline service or repair station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building.
(b) 
No gasoline service station shall permit its premises to be used, hired or rented for the outdoor storage or parking of licensed vehicles which have not been temporarily left in the custody of the operator of the service station for service or repair, nor for overnight storage or parking of any unlicensed or unregistered vehicle under any circumstance.
(7) 
Storage of flammable materials. Storage facilities for gasoline, oil or other flammable materials in bulk shall be located wholly underground and no nearer than 30 feet to any lot line or the street right-of-way line and in no event any closer than prescribed by the New Jersey State Fire Prevention Code, whichever is the more stringent. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
(8) 
Dimensional requirements:
(a) 
Minimum lot area: 22,500 square feet.
(b) 
Minimum lot width: 100 feet, measured at the building setback line.
(c) 
Minimum building setback:
[1] 
Front yard: 50 feet.
[2] 
Rear yard: 30 feet.
[3] 
Side yard: The total of two side yards must be 40 feet, but not less than 15 feet for any one side.
(d) 
Maximum building coverage: 25%.
(e) 
Maximum building height: one story and 25 feet.
(9) 
Open space. All gasoline service stations shall provide for an unoccupied, landscaped open space area with a minimum width of 15 feet along all property lines The open space area shall be maintained at all times. Off-street parking, outdoor storage or any use other than as an open landscaped area shall be prohibited, except that entrance and exit drives not to exceed 30 feet in width shall be permitted in open space areas, subject to Planning Board approval.
(10) 
Prohibitions.
(a) 
There shall be no display or storage of materials, merchandise, supplies or accessories, except for the outdoor storage of lubricants in sealed cans, in any front, side or rear yard or in any open space area, including but not limited to aisles, sidewalks, walkways, driveways, exits and entrances.
(b) 
Accessory buildings shall be prohibited, except that well houses, pump houses and package septic systems shall be permitted.
(11) 
Buffer strip. When a gasoline service station abuts a residential district, a minimum twenty-five-foot buffer strip shall be provided, with dense evergreen plantings at least six feet in height.
(12) 
Vehicular access to or exits from a service station shall not be closer to the intersection of any two streets than 50 feet, nor shall any such drive be located within 30 feet of any boundary line of any residential district or residential lot.
(13) 
The provision of canopies, lighting, and building facade treatment shall reflect the community's architectural character and aesthetics.
(14) 
Regulations contained in Article XIX, Sign Regulations, of this chapter shall apply to gasoline/service station signage.
E. 
Dwellings in the CBD District shall be subject to the following:
(1) 
The maximum density for the residential use shall be as provided in the R-1 District.
F. 
Mixed-use developments in the O District shall be subject to the following:
(1) 
The minimum lot area shall be 2 1/2 acres.
[Amended 9-19-2006 by Ord. No. 06-08]
(2) 
The site shall have frontage on a minimum of two streets.
(3) 
The permitted uses for a mixed-use development are as follows:
(a) 
Banks, including drive-through banking facilities.
(b) 
Health clubs.
(c) 
Offices, including medical offices.
(4) 
The minimum front yard setback shall be 25 feet.
[Added 9-19-2006 by Ord. No. 06-08]
(5) 
The minimum side yard setback shall be 15 feet each and 30 feet combined.
[Added 9-19-2006 by Ord. No. 06-08]
(6) 
There shall be a minimum buffer of 15 feet from all mixed-use development parking lots to all tract lot lines.
[Added 9-19-2006 by Ord. No. 06-08]
G. 
Quasi-public swim clubs shall be subject to the following:
[Added 9-4-2001 by Ord. No. 01-19]
(1) 
Minimum lot area: three acres.
(2) 
Minimum lot width and depth: 200 feet.
(3) 
Minimum building setback, all lot lines: 20 feet.
(4) 
Maximum building height: 28 feet.
(5) 
Maximum building coverage: 25%.
(6) 
Maximum impervious coverage: 65%.
A. 
Any lawful conforming use which existed at the time of passage of this chapter may be continued. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner. The applicant claiming a nonconforming right shall have the burden of proof of all aspects to demonstrate the claim of existing nonconformity.
B. 
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued, although such use does not conform to the provisions of this chapter, subject to the following:
(1) 
Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner, or if a nonconforming use involving a structure or land is discontinued for 12 consecutive months, or if a nonconforming building or use is subsequently changed to a conforming use. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.
[Amended 9-4-2001 by Ord. No. 01-19]
(2) 
Unsafe structure. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition and as regulated herein.
(3) 
Maintenance may be made to a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.
(4) 
A structure or use of land which is nonconforming in use shall not be enlarged or extended in any manner whatsoever. A structure or use of land that is nonconforming in a manner other than use may be extended or enlarged in conformance with the provisions provided herein and provided that the nonconformance is not further increased. A structure on a lot that is nonconforming as to lot area and/or width may be expanded so long as the expansion is in accordance with the remaining provisions provided for herein.
[Amended 9-4-2001 by Ord. No. 01-19]
(5) 
Restoration and repairs.
[Amended 11-23-2010 by Ord. No. 10-26]
(a) 
Accessory buildings. Any accessory building, consisting of a garage or shed, having been damaged or destroyed by fire, explosion, flood, windstorm or other act of God and located upon property in the R-1 Zone containing only a lawful permitted use, may be rebuilt as a matter of right at the same location as said structure previously existed, provided said reconstruction is commenced within one year of the event which caused the destruction of the structure.
(b) 
Any nonconforming principal building, structure or use existing on the effective date of this subsection which has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following three people: Borough Engineer, the owner or an architect or engineer selected by the owner and a third person agreed to by the Borough Engineer and owner. If the value of repairing the condition is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance.
(c) 
Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. The reconstruction shall commence within 12 consecutive months of the date the building was damaged or condemned, with the reconstruction carried out without interruption; otherwise the damaged structure shall not be rebuilt as a nonconforming use or building.
(6) 
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
C. 
Vacant undersized lots.
[Amended 7-16-2002 by Ord. No. 02-09; 12-17-2002 by Ord. No. 02-19]
(1) 
Any plot, as defined herein, at the time of the adoption of this chapter, that fails to comply with the minimum area or minimum lot width requirement of this chapter may be used for any use permitted in said district in which it lies, provided that the following facts are shown with respect to said lot:
(a) 
The lot is in separate ownership at the time of the adoption of this chapter.
(b) 
Said lot has remained in separate ownership since prior to the adoption of the earliest land use regulation within the Borough of Westwood, rendering said lot nonconforming.
(c) 
Throughout such period of time, no property contiguous to said lot was owned legally or beneficially by any person owning the property in question.
(d) 
The owner of said lot shall have made a good faith written offer to sell said lot at a stated fair and reasonable price to the contiguous landowners within 90 days prior to the application for a building permit thereon.
(e) 
There exists at said location no vacant land which, if purchased by the applicant, would reduce the nonconformity of the lot and for which the applicant has failed to make a good faith binding written offer of purchase at a fair and reasonable price within 90 days prior to the application for a building permit.
(2) 
It shall be further required that the percentage of the permissible building coverage on the lot shall not be exceeded and that the applicable off-street parking requirements are met. The side yard and height provisions shall be reduced by 1/2 of the percentage that the area or width, whichever is smaller, of the undersized lot bears to the corresponding conforming requirement for the zone in which it is located, except that, with regard to the side yard requirement, it shall not be reduced to less than 40% of that required by this chapter, and with respect to the height dimension, no building shall be required to have a height less than 16 feet. Any construction pursuant to the terms of this subsection shall constitute a conditional use in the zone in which the property is located and shall be subject to the procedures, including site plan review, regarding conditional uses.