[Amended 12-12-2001 by Ord. No. 1208; 12-12-2001 by Ord. No. 1209; 4-14-2004 by Ord. No. 1280; 11-1-2011 by Ord. No. 1530; 4-5-2016 by Ord. No. 1668; 3-19-2019 by Ord. No. 1772; 5-7-2019 by Ord. No. 1785; 10-6-2020 by Ord. No. 1820; 12-21-2021 by Ord. No. 1859]
For the purpose of this chapter, the Borough of Franklin Lakes is hereby divided into zone districts as follows:
A-130 Residential District
A-40 Residential District
A-40C Residential District
A-22.5 Residential District
A-5 Residential District
MF-AH1 Multifamily — Affordable Housing District
MF-AH2 Multifamily — Affordable Housing 2 District
MF-AH3 Multifamily — Affordable Housing District
PRD Planned Residential District
SR Senior Citizen District
RB-1 Retail Business 1 District
RB-2 Retail Business 2 District
RB-3 Retail Business 3 District
LB-1 Limited Business District
LB-2 Limited Business District
OB-RL Office Building Research Laboratory District
HOB-RL Highway Office Building, Research and Laboratory District
I-1 Industrial District
I-2 Industrial District
REC Recreation District
AFO-1 Affordable Housing Overlay District 1
AFO-2 Affordable Housing Overlay District 2
AFO-3 Affordable Housing Overlay District 3
AFO-4 Affordable Housing Overlay District 4
AFO-5 Affordable Housing Overlay District 5
AFO-6 Affordable Housing Overlay District 6
AFO-7 Affordable Housing Overlay District 7
[12-12-2001 by Ord. No. 1208; 12-12-2001 by Ord. No. 1209; 2-11-2004 by Ord. No. 1271; 4-14-2004 by Ord. No. 1280; 6-15-2010 by Ord. No. 1484; 2-15-2011 by Ord. No. 1512; 11-1-2011 by Ord. No. 1530; 11-12-2014 by Ord. No. 1607; 4-5-2016 by Ord. No. 1668; 8-15-2017 by Ord. No. 1719; 3-19-2019 by Ord. No. 1772; 5-7-2019 by Ord. No. 1785; 10-6-2020 by Ord. No. 1820; 11-9-2023 by Ord. No. 1927; 10-1-2024 by Ord. No. 1964; 12-17-2024 by Ord. No. 1968]
A. 
The location and boundaries of said districts are hereby established on the Zoning Map of the Borough of Franklin Lakes prepared by Boswell Engineering, dated July 1, 2011, as amended or supplemented, which hereby is made a part of this chapter. Said map or maps and all notations, reference and designations shown thereon shall be a part of this chapter as if the same were fully described and set forth herein.[1]
[1]
Editor's Note: The Zoning Map and all amendments thereto are on file in the Borough offices.
B. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following described properties within the MF-AH2 Senior Citizen Multifamily - Affordable Housing District: Block 1411 Lot 2.
C. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following described properties within the MF-AH1 Multifamily - Affordable Housing District: Block 2514, Lot 1 and Lot 1.01.
D. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following described properties within the MF-AH2 District: Block 1416, Lot 19.
E. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots and blocks within the hereinafter created Recreation District Zone (REC): Block 2203, Lots 1.01, 1.02 and 1.03; Block 2101.01, Lots 1 and 2; Block 2101.08, Lot 1.
F. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the RB Retail Business Zone: Block 1518, Lot 10; and Block 1519.01, Lot 1.
G. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following described properties within the HOB-RL Highway Office Building, Research and Laboratory District: Block 1426, Lot 2, and Block 1427, Lot 2.
H. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the RB Retail Business Zone: Block 1410, Lot 1; and Block 1400, Lot 1.01.
I. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the RB-2 Retail Business 2 Zone: Block 1418, Lots 1-6, Block 1419, Lots 2, 7, 8, 8.01, 8.02, 21.01, 21, 22, 26 and Block 1518, Lots 2 and 5.01.
J. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the A-40 Residential District: Block 2707, Lots 3, 4 and 5, and Block 2708, Lots 2, 2.01, 2.02 and 2.03.
K. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the MF-AH3 Multifamily - Affordable Housing District: Block 1518, Lot 10, and Block 1519.01, Lot 1.
L. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the AHO-1 Overlay District: Block 1513, Lot 2.
M. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the AHO-2 Overlay District: Block 1418, Lot 1.01 and Block 1518, Lots 2 and 5.01.
N. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the AHO-3 Overlay District: Block 2201.08, Lot 2.
O. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the AHO-4 Overlay District: Block 1404, Lots 14, 21.01, 21, 5, 3.01, 11.01, 11.02, 11.07 and Block 1404.01, Lots 20, 19, 18, 15, 4, 4.03, 4.02, 4.01, 3, 2.
P. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the AHO-5 Overlay District: Block 1516.01, Lots 1, 1.01, 1.16, 1.15, 1.14, 1.13, 1.12, 1.11.
Q. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the AHO-6 Overlay District: Block 1517, Lots 1, 2.
R. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the AHO-7 Overlay District: Block 1512.01, Lots 15, 15.01 and 17.
S. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lots within the RB-3 District: Block 2506, Lot 2 and that part of 2505.01, Lot 1 which is being sold to the owner of Block 2506, Lot 2.
T. 
The Zoning Map of the Borough of Franklin Lakes is hereby amended to include the following lot within a newly created MU-1 District: Block 2607, Lot 1.
A. 
Zoning district boundary lines are intended to follow lot lines, railroad rights-of-way, streams and street center lines unless otherwise indicated by dimensions on the Zoning Map. Any disputed zoning district line shall be determined by the Board of Adjustment.
B. 
Where a street or public way serves as the zoning district line and it is lawfully vacated, the governing body at the time of said vacation shall make the determination as to where the zone line shall be placed.
A. 
No building shall be erected, moved, altered, constructed, reconstructed or enlarged except as specified in this chapter, nor shall any land or building be used for any purpose or in any manner, except in conformity with all the regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
B. 
In interpreting and applying this chapter, the requirements herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals and general welfare.
A. 
Prohibited uses. All uses not expressly permitted in each zone district are prohibited. Outdoor manufacturing, fabrication, assembly or storage of parts, components, or materials is prohibited, provided that outdoor storage is permitted at nurseries and greenhouses. The sale of marijuana is hereby prohibited in all zoning districts, except medical marijuana prescribed by a physician and dispensed by a licensed pharmacist. All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service are prohibited.
[Amended 6-19-2018 by Ord. No. 1741; 5-18-2021 by Ord. No. 1838]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
B. 
Existing uses. Except as otherwise herein provided for, any legal use, building or structure existing at the time of the enactment of this chapter may be continued, even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is legally located.
C. 
Required area. The area or dimension of any lot, yard or other space shall not be reduced to less than the minimum required by this chapter, and if already legally existing at less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
D. 
Off-street parking.
(1) 
All off-street parking and loading shall be located on the lot on which the principal use is located.
(2) 
Parking spaces may not be located under, on or in any occupied structure. This limitation shall not be applicable to single-family dwellings or parking structures in the HOB-RL District.
E. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E, regarding number of uses on a lot., was repealed 10-3-2022 by Ord. No. 1882.
F. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection F, regarding number of principal buildings on a lot, was repealed 10-3-2022 by Ord. No. 1882.
G. 
Dwellings:
(1) 
Placement of single-family dwellings: For the purposes of building placement, the front or main entrance of the dwelling, which shall be determined from an architectural and design prospective, shall be oriented to the front yard street line of the property. On lots fronting on a cul-de-sac, the front or main entrance of the dwelling may be skewed a maximum of 30º from a line perpendicular to a line running from the center of the cul-de-sac through the midpoint of the arc of the fifty-foot setback line on the lot.
(2) 
Design of dwellings. No detached dwelling shall hereafter be erected, constructed, placed, altered or enlarged which shall be like, or substantially, like any neighboring building then in existence or for which a building permit has been issued if the neighboring dwelling is within 600 feet of the building to be erected, constructed, placed, altered or enlarged and faces on the same street. End-to-end reversal of house plans or roofline changes alone shall not render a dwelling substantially unlike a neighboring dwelling to allow its construction, placement, alteration or enlargement within the prohibited distance above set forth.
(3) 
Residential buildings (street frontage). No building designed for residential purposes shall be erected or altered unless the building so designed shall front upon a state- , county- or Borough-approved street, or a street on a plat duly filed in the office of the Bergen County Clerk prior to the passage of an ordinance requiring prior approval of plats by the Planning Board, or a street shown upon a plat approved by the Planning Board for which suitable improvement has been assured by means of a performance guaranty, and unless improvements are constructed.
(4) 
Residential buildings (improvements in place prior to issuance of certificate of occupancy). On no occasion shall a certificate of occupancy be issued by the Construction Official for any residential building constructed on a lot shown on an approved plat unless and until the improvements required by the Planning Board have been completed and installed in accordance with Borough specifications and to the satisfaction of the Borough Engineer, up to and including and affecting the lot and building for which the certificate of occupancy has been requested.
[Amended 2-21-2017 by Ord. No. 1697]
(5) 
A detached single-family dwelling shall be minimally 1,200 square feet in size.
H. 
Fences: See § 300-121F.
I. 
Outdoor storage. Outdoor storage of property or material is prohibited, with the exception of nurseries and greenhouses which are regulated in § 300-121D.
J. 
Variances:
(1) 
In all cases where variances are granted from this chapter for one-family dwellings, the successful applicant shall be required to make application for a building permit in conformity with the terms of the variance as granted within six months from the effective date of the grant of the variance. The applicant shall be required to complete construction of the dwelling within one year following issuance of the building permit. The approving board may extend the six-month provision referenced above for good cause shown for additional periods of one year each, provided that in no event shall said extensions be renewed beyond a period of three years in the aggregate.
(2) 
In cases involving nonresidential uses and multifamily residential development, the applicant is required to make application for a building permit in conformity with the terms of the variance as granted within one year from the effective date of the approving authority approval. The applicant shall be required to complete construction of the building(s) within one year following the issuance of the building permit. Extensions shall be permitted, as provided for in the subsection above.
K. 
There is hereby established in the Borough of Franklin Lakes a Mount Laurel Housing Trust Fund. Said fund shall be established to receive all monies provided to the Borough or to be utilized by the Borough to satisfy all or any part of the Borough's obligation to contribute to its fair share of low-income housing as set forth in N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5-92. The funds in this account shall not be disbursed for any purpose other than those described in N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5:92. Implementation and participation in said fund shall be as set forth herein.