[Amended 4-15-1996 by Ord. No. 774]
The schedules entitled "Limiting Schedule, District" and "Limiting
Schedule, Conditional Use" shall be deemed to be a part of this article
and shall govern the use of land and buildings within the Borough
of Demarest.[1]
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
A.
Advertising signs and billboards are not permitted in any district, except as otherwise provided in this Article VI. Notwithstanding the above, a sign of not more than two square feet advertising the location elsewhere of a church or a public or semipublic building, on written application, may be permitted in any district by the Planning Board, upon terms and conditions in the public interest where good cause has been satisfactorily proven for the necessity of such sign. In no case shall such sign be illuminated.
[Amended 4-15-1996 by Ord. No. 774; 2-18-1997 by Ord. No. 785]
B.
Business signs shall be permitted in the Community Business I District
and shall not exceed 18 inches in height nor 75% of the width of the
building to which it is attached and shall not project more than one
foot from said building. Such signs shall advertise or promote the
business located within said building.
[Amended 4-17-1989 by Ord. No. 662]
C.
The use of signs in any residence district shall be limited to the
professional and business practices permitted in such residence district.
Such signs shall show only the name of the principal person engaged
in the professional or business practice. Such signs shall not exceed
a height of 10 inches or a length of 18 inches, and there shall not
be more than one sign for each building. In no case shall such signs
be illuminated except by a light fixture which is an integral part
of the sign and so arranged as to have the light shine only on the
sign.
D.
Any sign for the purpose of identifying the premises of a club or
a public or quasi-public building in any district shall not be more
than six square feet in area and shall refer only to the premises
which it occupies. Such sign shall either be affixed to the building
or situated not less than 10 feet from the lot line bordering the
street. Notwithstanding the above, a church bulletin board of not
more than 20 square feet may be placed not closer than 10 feet to
the front lot line. In no case shall such sign be illuminated except
by a light fixture which is an integral part of the sign and so arranged
as to have the light shine only on the sign.
E.
One real estate sign not more than four square feet in area and located
at least two feet from the front property line may advertise the sale,
rental or lease of the premises on which such sign is maintained.
In no case shall such sign be illuminated.
F.
Upon written application, temporary signs or exceptions to the foregoing
sign limitations may be permitted by the Board of Adjustment, upon
terms and conditions in the public interest where good cause has been
satisfactorily proven for the necessity of the erection of a temporary
sign or the exception to the limitations.
G.
Neon tubes or other types of lights and strings, chains or rows outlining
all or part of a business building or business premises are strictly
prohibited.
A.
Any lot existing heretofore as a legal, separate parcel and not complying
with the minimum frontage width at the time of passage of this chapter
may, notwithstanding such fact, be improved with a building, provided
that the other regulations of its zone are adhered to and provided
that the owner owns no other adjacent land which may be included as
part of the lot in question.
B.
Any building or use of a building, legal heretofore but not complying
with the terms of this chapter at the time of passage, may, notwithstanding
such fact, be continued as a nonconforming structure or use.
C.
When a nonconforming use is changed to a use permitted in the district
in which it is located, it shall not be thereafter changed from said
conforming use to a nonconforming use.
D.
A nonconforming use or structure shall not be modified, extended
or expanded.
E.
A nonconforming use or structure may be restored or repaired in the
event of partial destruction thereof by fire or other causes.
F.
Whenever a nonconforming use or structure has been abandoned, such
use or structure shall not thereafter be reestablished, and any subsequent
use or structure shall be in conformity with the provisions of this
chapter.
G.
Notwithstanding Subsection D hereof, a residential structure in a one-family zone that is nonconforming due to encroachment in the front, rear or side yard dimensions, as provided in the Limiting Schedule,[1] may be expanded, provided that said expansion does not
take place in the area of front, side or rear yard encroachment, either
by an intensification of use or an expansion of existing use, does
not further or increase the encroachment in an dimension and provided
further that the structure, as expanded, complies in all respects
with the Limiting Schedule, except as to the nonconformity existing
prior to said expansion. The purpose of this section is to permit
expansion of nonconforming structures as delineated herein in areas
of the lot which are not nonconforming. It is not the intention of
the section to permit any change by way of expansion into an area
that does, in fact, constitute an encroachment into the front, rear
or side yard dimensions.
[Amended 4-17-1989 by Ord. No. 662]
[1]
Editor's Note: The Limiting Schedules are included as attachments to this chapter.
[Amended 4-17-1989 by Ord. No. 662; 4-15-1996 by Ord. No. 774]
A.
Residence districts. Yards referred to herein are in each case the entire yard, regardless of the minimum required yards provided in the Limiting Schedule (§ 175-16).
(1)
All yards.
(a)
Ordinary projections of windowsills, belt courses, cornices,
eaves and other architectural features shall be permitted to encroach
not more than three feet, and unroofed steps as required.
(b)
An overhang as a structural feature shall not be permitted to
encroach.
(c)
Decks, platforms and porches, whether roofed or unroofed, enclosed
or unenclosed, as structural features, shall not be permitted to encroach.
(d)
Impervious surfaces are not allowed within the front setback
requirement nor within 10 feet of the side or rear lot line for the
full depth and width of the rear yard, except driveways and access
walks to the principal building entrance(s). (See Limiting Schedule)
(3)
Side yards.
(a)
Anything aforementioned permitted in a front yard shall be permitted
to encroach.
(b)
Accessory uses, buildings and structures shall not be permitted
to encroach.
(c)
If unroofed steps include a platform as the top step, such platform
shall not exceed a dimension of four feet by four feet when such unroofed
steps encroach in a side yard.
(d)
Notwithstanding the foregoing, no encroachment shall be permitted
within 10 feet of any side lot line.
(4)
Rear yards.
(a)
Anything aforementioned permitted in a front or side yard shall
be permitted to encroach.
(b)
Accessory uses, buildings, uses and structures shall be permitted to encroach subject to the restrictions set forth in Subsection B below.
(c)
Notwithstanding the foregoing, no encroachment shall be permitted
within 10 feet of any rear lot line.
B.
All districts. Accessory buildings, uses and structures and improvements
shall be permitted only in a rear yard, subject to the following regulations,
which shall apply to the entire rear yard, not just the required minimum
depth:
(1)
No accessory use, building or structure in any residence district
or community business district shall be erected with a mean roof height
in excess of 12 feet. For purposes of this section, "mean roof height"
shall be 1/2 the distance between the highest part of the roof and
the top of its supporting wall.
(2)
All accessory buildings, uses and structures or improvements in any residence district shall conform to all side yard setback requirements and minimum yard dimensions as required by the Limiting Schedule (§ 175-16).
(3)
All accessory uses, buildings or structures in any residence district
shall be set back from the rear property line at least 10 feet.
(4)
All accessory uses, buildings or structure in any community business
district shall be set back from the rear property line at least five
feet, except when abutting a residence district, where such setback
shall be at least 10 feet.
(5)
On a corner lot in any residence district, an accessory use, building
or structure shall be located so as to comply with all locational
regulations and restrictions relating to each street, including all
front, side and rear yard requirements for each street, notwithstanding
upon which street the principal building fronts.
(6)
An accessory use, building or structure in any residence district
on a lot between two parallel streets shall comply with the locational
regulations and restrictions for an accessory building or improvement
as applicable to each abutting street, including all front, rear and
side yard requirements for each street, notwithstanding upon which
street the principal building fronts.
(7)
Swimming pools. No swimming pools shall be located within any front
yard and no swimming pool shall be located in any side yard.
A.
Lot divided by district boundary. Where a lot is divided by a district
boundary, such lot shall be regulated by all of the area and bulk
and use regulations of the more restricted district.
B.
Transition at district boundaries. Where a lot in the Community Business District abuts a lot in a residence district, there shall be provided along such boundary line in the community business district an unencumbered yard space as required by the Limiting Schedule for the abutting residence district. This requirement shall take precedence over the provisions of Note C of the Limiting Schedule, District (§ 175-16).[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
Any exterior lighting in connection with any use in all districts
shall be so arranged and shielded as to reflect the light downward
and away from all adjoining properties and structures so that the
lights and glare from lights will not become a nuisance to adjoining
properties.
A.
(Reserved)[1]
[1]
Editor's Note: Former § 175-22A, location of swimming pools, of the 1983 Borough Code, as amended, was repealed 4-15-1996 by Ord. No. 774. See § 175-19B(7).
C.
All ladders or steps leading up to a swimming pool from the exterior
grounds shall be removed from the swimming pool when the swimming
pool is unguarded and unattended.
D.
No person shall construct, install or maintain a swimming pool in
the Borough of Demarest without first submitting a plot plan and specifications
for the same to the Zoning Official of the Borough of Demarest, who
shall issue a permit if the plan and specifications comply with the
ordinances of the Borough.
A.
Any property owner or person or entity in possession of property
shall submit to the Zoning Official, prior to placement of a satellite
earth station (dish), in excess of one meter in diameter if the property
is located in Single Residence District A, BB, B, C or D or in excess
of two meters in diameter if the property is located in the CB-I Commercial
Business I District a plot plan and specifications showing the size
of the dish, the proposed location of same on the subject premises
and such other information as may be required herein.
[Amended 12-16-1996 by Ord. No. 782]
B.
The Zoning Official shall review said plan and render a decision
within 20 days of the submission of said plan or within such further
time as may be consented to by the property owner or person in possession
of the property.
C.
The plan shall be drawn on a map to a scale not smaller than one
inch equals 40 feet and not larger than one inch equals 10 feet and
shall include and show the following information:
(1)
The name and address of the applicant and the owner, and the name,
address and the title of the person or entity preparing the plan and
accompanying data, the date of preparation and the dates of each revision
where applicable.
(2)
An appropriate place for the signature of the Zoning Official.
(3)
The lot(s) and block number of the lot(s) from the Borough Tax Map,
and the length and bearings of the lot lines of the proposed project.
(4)
The location, names and pavement and right-of-way widths of all existing
and proposed streets abutting the lot or lots in question, the property
lines of all abutting properties, together with the names and addresses
as disclosed on the Borough Tax Map and the tax rolls as of the date
of the application, and the location of existing buildings within
200 feet of the site in question.
(5)
All existing buildings and structures and all accessory buildings
and structures and all accessory buildings on the lot, if any, with
dimensions showing present and finished grade elevations at all corners.
(6)
All existing and proposed setback dimensions and landscape areas.
(7)
Existing and proposed plantings to provide screening as required
by this section.
(8)
Any and all other information necessary to meet any of the requirements
of this section not listed above.
D.
Dimensions.
[Amended 12-16-1996 by Ord. No. 782]
(1)
The satellite earth station antennas (dish) shall be in conformance
with the following maximum dimensions:
|
District
|
Maximum Diameter
(meters)
|
Maximum Overall Height
(feet)
|
|---|---|---|
|
Residence A
|
2.4
|
9
|
|
Residence BB
|
2.4
|
9
|
|
Residence B
|
1.8
|
7
|
|
Residence C
|
1.2
|
5
|
|
Residence D
|
1.2
|
5
|
|
Community Business I
|
2.4
|
9
|
(2)
Maximum height as used herein measures the actual height of the dish
from its bottom to its top.
E.
No satellite earth station shall be closer than 35 feet from any
side property line and no closer than 20 feet from any rear property
line.
F.
In all zoning districts the dish shall be erected on a secure ground-mounted
foundation. Maximum height indicated in the above schedule will be
from ground level at the location of the dish foundation.
G.
The dish should be in an unobtrusive location. It shall be effectively
screened by a special planting screen or fence, as approved by the
Zoning Official, which shall be maintained in good condition, so that
the dish shall not be readily visible from any adjacent property or
public street. Provision shall be made to minimize noise impact on
adjacent properties.
H.
Power control and signal cables from or to the dish shall be underground
and installed in accordance with the appropriate building code, if
required.
I.
The application fee for a permit to install a dish shall be $25.
In addition, the applicant shall deposit the sum of $100 to cover
the cost of review sources deemed necessary by the Zoning Official
and/or Construction Official, such as the Borough Engineer, Borough
Attorney or other Borough personnel. The Treasurer shall place the
deposit in a trust account and shall charge all disbursements for
said review services. Any unused portion of the deposit shall be returned
to the applicant. If the cost of review services exceeds the amount
of the deposit, sufficient additional funds shall be deposited before
any permit shall be issued.
J.
Section 175-23E, F, G, H and I shall not be applicable to a dish one meter or less in diameter if the dish is to be placed, located or installed on property in Single Residence District A, BB, B, C or D or a dish two meters or less in diameter if the dish is to be placed, located or installed on property in the CB-I Commercial Business I District.
[Added 12-16-1996 by Ord.
No. 782]
K.
Notwithstanding Subsections E, F, G, H and I, if an applicant presents credible evidence to the Zoning Officer that satellite signals cannot be obtained or that said signal reception will be impaired by strict compliance with the regulations of Subsections E, F, G, H and I, or any of them, then the Zoning Officer may grant waivers from the strict application of those regulations so as to not unnecessarily burden access to satellite reception while promoting fair and effective competition among competing communication services providers. "Credible evidence," as used herein, shall mean a certification or affidavit from a qualified expert either that the satellite earth station will not have the look angle from azimuth alignment and elevation alignment needed to receive signals in a substantially unobstructed manner unless one or more of the regulations, specifying which one or ones, are waived in whole or part; or that to comply with the regulations and obtain substantially unobstructed signal reception would impose the expenditure of a sum of money, including costs required to screen, polemount or otherwise specially install the antenna, greater than the aggregate purchase or total lease cost of the equipment as normally installed.
[Added 12-16-1996 by Ord.
No. 782]
L.
The regulations of this section are enacted to protect and preserve
the aesthetic ambiance of the Borough of Demarest, a residential community
wherein 99.4% of the parcels are residential or vacant land.
[Added 12-16-1996 by Ord.
No. 782]
All fences erected in the Borough of Demarest shall be subject
to the following requirements:
A.
A fence permit shall be issued by the Construction Official for all fences except living fences erected in the Borough. Except as provided in Subsection F, none of the other restrictions or provisions shall apply to living fences.
B.
No fence erected on or around a residential lot or parcel of land shall exceed six feet in height, except as provided in Subsection C herein. Preconstructed fences of a standard six-foot height must be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the grounds, provided that 80% of the fence does not exceed the maximum height of six feet.
C.
No fence shall be erected in a front yard of any lot in a residential
district unless the fence is less than 50% solid and is not more than
four feet in height.
[Amended 4-15-1996 by Ord. No. 774]
D.
Fences must be constructed with the face or finished side away from
the property and the structural side toward the interior.
E.
Fences which are painted shall be painted in only one color, harmonious
with the surrounding area. Multicolored fences are prohibited.
F.
Living fences or screening shall be planted no closer than three
feet to the property line. Living fences shall be maintained in a
neatly trimmed condition and shall not interfere with visibility on
corner lots.
G.
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.
H.
Fences higher than six feet, such as those required around a tennis court, may be permitted in a residential zone by the Zoning Board of Adjustment. However, such a fence will be considered a structure and shall meet the requirements as set forth in § 175-19B.
I.
The following fences and fencing materials are specifically prohibited:
barbed-wired fences, short-pointed fences, canvas, cloth, electrically
charged fences, poultry netting, temporary fences such as snow fences,
expandable fences and collapsible fences, at any location of the lot
upon which a dwelling or structure is situated. During construction
on such property and until a certificate of occupancy is issued, a
temporary fence may be maintained.
[Amended 4-17-1989 by Ord. No. 662]
J.
Every fence or wall shall be maintained in a safe, sound, upright
condition and in accordance with the approved plan on file with the
Construction Official.
K.
All fences or walls must be erected within the property lines, and
no fences will be erected so as to encroach upon a public right-of-way
or to interfere with vehicular traffic or with visibility on corner
lots or within 10 feet of any roadway and within 25 feet of the intersection
of two roadways.
[Amended 4-17-1989 by Ord. No. 662; 4-15-1996 by Ord. No. 774]
L.
If the Construction Official, upon inspection, determines that any
fence or wall or portion of any fence or wall is not being maintained
in a safe, sound, upright condition, he shall notify the owner of
such fence, in writing, of his findings and state briefly the reasons
for such findings and order such fence or wall or portion of such
fence or wall repaired or removed within 10 days of the date of the
written notice. Each day that the person fails to obey the order referred
to above shall constitute a separate violation of this chapter.
M.
No fence permit shall be issued by the Construction Official until
the applicant provides the Construction Official with a set of plans
or description of the proposed fence and a sketch or survey showing
the proposed location of the fence. The proposed fence shall be constructed
in conformity with the plans or description and shall be located as
shown on the sketch or survey. If the Construction Official, upon
inspection, determines that any fence or wall has not been constructed
according to the plans or description or has not been located as shown
on the sketch or survey, he shall notify the owner of such fence or
wall, in writing, of his findings and order such fence or wall to
be constructed according to the plans or description or order the
fence to be located as shown on the sketch or survey. Such owner shall
either remove the fence or comply with the order of the Construction
Official within 10 days of the date of receipt of the written notice.
Each day that the owner fails to obey the order referred to above
shall constitute a separate violation of this chapter.
N.
All swimming pools now or hereafter constructed shall be enclosed
by a substantial fence no less than 48 inches in height, so constructed
as to prevent, within reason, any person from gaining access beneath
or through such fence, and it shall have a similarly substantial self-latching
and self-closing gate of the same height as the fence with latches
placed four feet in height and with facilities for locking the gate
when the pool is unguarded or unattended.
[Added 4-15-1996 by Ord.
No. 774]
O.
No fence may be erected in excess of six feet.
[Added 6-22-2015 by Ord.
No. 1025]
P.
No fence may be erected within 10 feet of the curbline or edge of
pavement of any street (whether in front, side or rear yards).
[Added 6-22-2015 by Ord.
No. 1025]
Q.
Any fence erected within 25 feet of any street, as defined herein
(whether in front, side or rear yards), may be no higher than four
feet and must be at least 50% open.
[Added 6-22-2015 by Ord.
No. 1025]
R.
Fence heights will be measured from the Average Natural Contour (as
defined in this chapter), excluding berms and swales.
[Added 6-22-2015 by Ord.
No. 1025]
S.
Fences may not be erected on walls, except that fences may be erected
on retaining walls, provided the combined height of the retaining
wall and fence do not exceed the applicable fence height limit.
[Added 6-22-2015 by Ord.
No. 1025]
In conjunction with any building or use of land, there shall
be provided on the same lot therewith sufficient parking spaces to
meet the minimum requirements specified herein. No parking area once
established shall be diminished unless the parking area remaining
meets the minimum requirements specified herein.
A.
In Community Business District I and for nonresidential uses permitted
in a residential district, no parking space or access thereto, except
entrance or exit drives as limited in this section, shall be between
the front building setback line and the street line. Entrance and
exit drives connecting the parking area and the street shall be permitted
between the front building setback line and the street line as required
above provided that:
(1)
Such drives shall not exceed 15 feet in total aggregate width for
each 50 feet of street line abutting such lot but in no case exceeding
30 feet in total aggregate width for each street line upon which a
lot abuts.
(2)
Such drives shall be at least 60 feet distant, measured along the
street line from the point of intersection of two intersecting street
lines or from a bend in the street line of one street where the change
in direction is 30° or greater.
B.
Required parking for various uses; buffer area.
(1)
The following off-street parking spaces shall be required:
(a)
Dwelling: two spaces for the dwelling unit, and the driveway
may be used in lieu of parking space.
(b)
In the Community Business District I, retail stores, business,
professional, commercial and government establishments: one space
for each 200 square feet of net floor area, or any fraction thereof,
with a minimum of two spaces.
(c)
Eating and drinking establishments: one space for each four
units of eating capacity.
(d)
Library, museum or club: one space for each employee, plus one
space for each 300 square feet of net floor area or any fraction thereof.
(e)
Schools, grades 1 to 8 inclusive: one space per employee, including
teachers.
(f)
Schools, grades 9 to 12 inclusive: one space per employee, including
teachers, plus one space for each six pupils.
(g)
Places of worship: one space per employee, plus one space for
each 10 units of seating capacity, including choir.
(h)
Parks and playgrounds. There shall be no overnight parking on
the premises. There shall be no parking space within a dedicated street
right-of-way adjacent to the park or playground. Parking for the Demarest
Nature Center shall be within the boundaries of the Demarest Nature
Center or on adjacent public lands owned by the Borough and with agreement
of the governing body. A minimum number of parking spaces shall be
available to accommodate 1/3 of the lawful membership of the Demarest
Nature Center.
[Added 4-15-1996 by Ord.
No. 774]
(2)
Where any of the foregoing uses, other than places of worship, consist
of structures containing auditoriums, halls, cafeterias, gymnasiums
or other rooms that may be used for a public assemblage, there shall
be provided one additional parking space for each one-hundred-square-foot
area of such auditorium, hall, cafeteria or gymnasium.
(3)
A buffer area which is contiguous with the perimeter lines of the
parking spaces shall be fully landscaped with ground cover and evergreen
shrubs, within a ten-foot zone, having initial height of six feet.
C.
Special or conditional parking and storage regulations.
(1)
Approval for storage of certain vehicles within the Borough. Certain
vehicles, boats, house trailers and other conveyances, as herein provided
shall not be parked, stored or garaged unless it is the only commercial
vehicle stored or garaged thereat and has a body, box or platform
adapted for carrying goods or materials, with a registered gross vehicle
weight of less than 5,000 pounds when loaded.
(2)
Storage exception. A commercial vehicle having a body, box or platform
adapted for carrying goods or materials, with a registered gross vehicle
weight of less than 5,000 pounds when loaded, shall only be permitted
in a residential district on the condition that said vehicle is stored
in a garage at all times.
(3)
Approval required for certain vehicles in residential districts.
The following vehicles shall not be parked, stored or garaged in a
residential district unless the approval of exception hereinafter
mentioned is obtained from the Board of Adjustment.
(a)
Commercial vehicles with a registered gross vehicle weight of
5,000 pounds or more when loaded.
(b)
Any other truck, trailer or vehicle with a registered gross
vehicle weight of 5,000 pounds or more when loaded.
(c)
Any unregistered vehicles.
(d)
Motorboats, sailboats or other watercraft 20 feet or more in
length.
(e)
House trailers, housing units, mobile homes and self-propelled
housing units.
(f)
Collapsible housing units, whether assembled or disassembled.
(g)
Animal conveyances, either trailer or self-propelled.
(4)
Application for approval; duration of approval; renewal.
(a)
A request for exception for the parking, storing or garaging
of the vehicles other than permitted by ordinance shall set forth
the following:
[1]
The name of the owner or lessee and address of the premises
in question.
[2]
A survey, sketch or plan of the premises.
[3]
A description and specification of the vehicle or unit, including
size, weight, height and dimensions.
[4]
Any other information deemed necessary by the Board of Adjustment
to make a proper determination.
(b)
Approval of an exception may be granted by the Board of Adjustment,
within its discretion, for the purpose of promoting the general welfare
and public interest, permitting and approving vehicles to be parked,
stored or garaged at said premises for a period of not more than three
years from the date of its approval.
(c)
The applicant shall have the privilege of renewing his application.
(5)
Nonapplicability. This section shall not be applicable to or curtail
the use of commercial vehicles making deliveries to or performing
services at premises in a residential district.
(6)
Temporary storage containers.
[Added 10-6-2008 by Ord.
No. 951[1]]
(a)
TEMPORARY STORAGE CONTAINER
Definition. As used in this section, the following terms shall
have the meanings indicated:
A container designed for the outdoor storage of personal
property for temporary use, which is to be delivered and removed by
vehicle, excluding cargo containers.
(b)
Permit required. No temporary storage container shall be allowed
at any site in the Borough of Demarest unless a storage container
permit is issued prior to the placement of such unit for the length
of time as provided herein:
[1]
The owner or occupant of the site where the unit is to be placed
shall apply for a storage container permit to the Construction Code
Official or his designee. The applicant shall pay, upon application
for the storage container permit, a required fee of $50.
[2]
The storage container permit shall be valid for 90 days. Upon
the request of the owner or occupant of the site to renew such permit,
the Construction Code Official or his designee shall inspect the site
where the temporary storage container is located to determine whether
such permit should be extended. Such permit may be extended up to
two additional ninety-day period(s) upon the approval of the Construction
Code Official or his designee. A renewal fee of $25 shall be paid
for upon request for the extension of.[2]
[2]
Editor's Note: So in original.
[3]
No such permit for each ninety-day additional period. In no
event shall a container be placed on any lot in the Borough of Demarest
for more than 270 days.
[4]
No such permit shall be issued to any user who is in violation
of any ordinance of the Borough of Demarest.
[5]
No such permit shall be issued to the same owner of any property
who has been issued a similar permit that has expired less than one
year prior to the requested issuance date.
(c)
Violations and penalties. Any person who allows, keeps, places and/or maintains a temporary storage container on a site within the Borough of Demarest without obtaining a storage container permit pursuant to Subsection C(6)(b) of this section shall be in violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Regulations.
[1]
Location. A temporary storage container shall be placed only
in the driveway, allotted parking spaces, or unimproved portion of
the property. The following provisions shall also apply:
[a]
No temporary storage container shall be placed
in the public or utility rights-of-way, nor shall it obstruct the
sidewalk.
[b]
No portion of a temporary storage container shall
be placed within five feet of a property line.
[c]
No portion of a temporary storage container shall
encroach the required setback of at least 15 feet from the principal
building.
[d]
No temporary storage container shall occupy an
area greater than 10% of the area of the front, side, or rear yard
at which it is located.
[e]
A temporary storage container shall not obstruct
circulation for vehicles, particularly emergency vehicles.
[f]
A temporary storage container shall not be placed
in an area where its placement may reduce parking to a level inconsistent
with the Code of the Borough of Demarest and the Residential Site
Improvement Standards (RSIS).
[2]
Size and number. No tax lot within the Borough shall contain
more than one outdoor temporary storage container. No temporary storage
container shall exceed eight feet in height, eight feet in width and
16 feet in length.
[3]
Use. A temporary storage container shall only be utilized on
private property only for a limited purpose of temporarily storing
common household items such as furniture, clothing or other household
belongings, coming from or to a structure on the property that is
being renovated or sold.
[a]
The following items are expressly prohibited from
being stored or kept within a temporary storage container: hazardous
substances, including chemical, flammable or explosive materials,
firearms, ammunition, prescription drugs or narcotics, any material
or contraband the possession of which is unlawful, food, other than
as packaged for sale in cans, jars or bottles, or trash.
[b]
In no event shall a temporary storage container
be used for temporary habitation of humans or animals.
[4]
Signage. All temporary storage containers shall comply with
the following:
[a]
A temporary storage container shall have no signage
other than the name, address and telephone number of the person or
entity engaged in the business of renting or otherwise placing the
unit.
[b]
The sign shall be permanently adhered to, or painted
on, a temporary storage container, and the container shall have no
more than one sign attached to a side, and no more than two signs
total.
[c]
A sign attached to a temporary storage container
shall be no larger than 15% of the area of the side to where it is
attached.
[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.
[6]
Maintenance. A temporary storage container shall be in good
condition, free from evidence of deterioration, weathering, discoloration,
rust, ripping, tearing, or other holes or breaks. When not in use,
the container shall be locked at all times.
[Added 8-20-2001 by Ord.
No. 840]
A.
Golf courses and golf courses with club facilities in the G - Golf
Course District must meet the following standards:
(1)
Minimum contiguous area of 140 acres of land within the Borough.
(2)
Minimum frontage of 450 feet along a section of Anderson Avenue,
a County Road within the Borough. Vehicular access to the site shall
be restricted to access from said Anderson Avenue.
(3)
The golf course shall be eighteen-hole regulation course.
B.
The clubhouse must meet the following standards:
(1)
It must be located entirely within 600 feet of the property line fronting the county road on which the golf course has its frontage pursuant to Subsection A(2) above.
(2)
Minimum setback of 200 feet from Anderson Avenue, the county road on which the golf course has its frontage pursuant to Subsection A(2) above.
(3)
Minimum setback of 100 feet from any property line other than the county road on which the golf course has its frontage pursuant to Subsection A(2) above.
(4)
Maximum floor area of the clubhouse building (excluding other
club facilities buildings and structures) of 40,000 square feet.
(5)
Maximum clubhouse building coverage of 20,000 square feet.
(6)
Maximum clubhouse height of 40 feet from the average elevation
of the proposed finished grade all around the clubhouse to the highest
point of the roof measured to the horizontal line halfway between
the eave and ridge of the roof, but in no event shall the ridge of
the roof exceed 45 feet in height and 2 1/2 stories.
(7)
Club facilities accessory to a clubhouse must meet the following
standards:
(a)
Minimum setback of 10 feet from Anderson Avenue, the county road on which the golf course has its frontage pursuant to Subsection A(2) above.
(b)
Minimum setback from lot lines in Residence A District of 25
feet excepting a private drive or private road need only be set back
not less than 15 feet from lot line in Residence A District.
(c)
Minimum number of parking spaces of 72 and maximum number of
parking spaces of 215. Front yard parking is permitted.
(d)
Maximum number of tennis courts is eight.
(e)
Maximum impervious area of clubhouse and club facilities accessory
to a clubhouse of six acres.
(f)
The county road on which the golf course has its frontage pursuant to Subsection A(2) above shall be buffered from any uses or structures by deciduous street trees not less than 2 1/2 inches caliper measured six inches above the ground planted 40 feet on center with understory conifer shrubbery of a type three feet to four feet in height when fully grown subject to sight distance requirements. This standard is the minimum standard which may be modified pursuant to the provisions of § 163-6 of the Borough Code.
(g)
Notwithstanding Subsection A(2) above, the Alpine Country Club may access its club facilities accessory a the clubhouse, from a new street (to be dedicated to the Borough) located in Block 120, Lot 13.
(h)
The tennis courts may be lighted, provided that all lights must
be turned off by 10:00 p.m. daily.
C.
A golf course with club facilities may have a secondary social facility
(e.g., 19th hole) other than the clubhouse which must meet the following
standards:
(1)
Access must be achieved through private driveways internal to the site originating from the Anderson Avenue access meeting the requirements of Subsection A(2) above.
(2)
The maximum floor area of a secondary social facility shall
be 20,000 square feet.
(3)
The maximum building coverage of a secondary social facility
shall be 10,000 square feet.
(4)
The maximum height of a secondary social facility shall be 31
feet and eight inches (i.e., not more than 10 feet above the 21 feet,
eight-inch structure which existed in the general area of Academy
Lane as of November 2000).
(5)
A secondary social facility shall be set back a minimum of 190
feet from any municipal street, excepting that any porte cochere must
only have a minimum setback of 170 feet.
(6)
Club facilities accessory to a secondary social facility shall
meet the following standards.
(a)
Maximum number of parking spaces permitted shall be 160.
(b)
Parking areas shall be set back a minimum 70 feet from any public
street.
(c)
All uses, except as set forth in Subsection D below, shall have a minimum setback of 50 feet from any public street and from any residential property line.
(d)
Lighting shall be limited to that which is the minimum permitted
by the Code of the Borough of Demarest.
(e)
Outdoor speaker or public address systems and all manner of
sound projection devices are strictly prohibited.
(f)
Setback areas from public streets shall be densely landscaped
to produce an appropriate and substantial buffer. The landscaping
shall include at least one row of trees which are a minimum of 15
feet in height to ensure that all floors of the secondary social facility
are substantially shielded from neighboring properties; and to shield
headlights from vehicles parking in a parking area accessory to a
secondary social facility.
(g)
Fencing constructed of a solid material and uninterrupted shall be required to shield headlights from vehicles parking in a parking area accessory to a secondary social facility. Said fencing shall not be required in those areas where a structure exists which shields the headlights of vehicles. Low level landscaping shall also be required on the side of the fence nearest contiguous property lines in addition to the landscaping set forth in Subsection C(6)(f) above.
D.
Additional club facilities.
(1)
Notwithstanding the provisions of Subsections A, B and C above, there shall be permitted an accessory structure for maintenance that shall meet the following standards:
(a)
The maintenance building must be set back a minimum of 35 feet
from any public street and 75 feet from any other property line.
(b)
The maintenance building may not exceed 8,000 square feet.
(c)
Activities in the maintenance building must be conducted so
that noise emanating from said building minimally meets the standards
of N.J.A.C. 7:29-1.2(a).
(d)
The maintenance building shall be screened from a public street
and neighboring residential properties by a row of trees which are
a minimum of 15 feet in height.
(2)
Notwithstanding the provisions of Subsections A, B, and C above, there shall be permitted an accessory structure for storage of personalty not in use that will remain stored uninterruptedly for not less than a season at a time (i.e., dead storage) or golf carts that shall meet the following standards.
