[Ord. No. 97-01 § 19; Ord. No. 04-07; Ord. No. 2009-17;4-3-2018 by Ord. No. 01-2018]
For the purpose of this chapter, the Borough of Farmingdale is divided into nine zones known as:
R-6
Single-Family Residential
R-7.5
Medium Density Single-Family Residential
R-10
Medium Density Single-Family Residential
R-15
Medium Density Single-Family Residential
R-40
Low Density Single-Family Residential
VC
Village Commercial
GC
General Commercial
LI
Light Industrial
AH-1-Overlay
Affordable Housing-1 Overlay
MF
Multi-Family Residential
MF-AH-Overlay
Multi-Family Affordable Housing Overlay
[Ord. No. 97-01 § 20; Ord. No. 05-01 §§ 1 - 7[1]; Ord. No. 2009-17]
The aforesaid zones are hereby established by the designations, locations and boundaries thereof set forth and indicated on the official zoning map to be located in the office of the Borough Clerk. A general map prepared by James W. Higgins Associates dated February 4, 1997, as amended, indicating such designations, locations and boundaries, shall be attached to all copies of the Zoning Ordinance and shall be incorporated herein at length.
a. 
Zoning Map Amendments.[2]
1. 
That the Official Zoning Map of the Borough of Farmingdale is hereby amended in order to delete the following property from the "GC, General Commercial" zoning district and to include said property in the "R-7.5, Medium Density Single-Family Residential" zoning district:
Block 17
Lot 1
2. 
That the Official Zoning Map of the Borough of Farmingdale is hereby amended in order to delete the following properties from the "R-10, Medium Density Single-Family Residential" zoning district and to include said properties in the "R-15, Medium Density Single-Family Residential" zoning district:
Block 9
Lots 1, 2, 3, 4
3. 
That the Official Zoning Map of the Borough of Farmingdale is hereby amended in order to delete the following properties from the "R-10, Medium Density Single-Family Residential" zoning district and to include said properties in the "R-40, Low Density Single-Family Residential" zoning district:
Block 6
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20
Block 7
Lots 1, 3, 5, 7, 9
Block 12
Lots 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23
Block 14
Lots 8, 9, 10, 11, 12, 13
Block 15
Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15.01, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29
4. 
That the Official Zoning Map of the Borough of Farmingdale is hereby amended in order to delete the following properties from the "R-15, Medium Density Single-Family Residential" zoning district and to include said properties in the "R-40, Low Density Single-Family Residential" zoning district:
Block 4
Lots 16, 17, 18, 19, 20, 21, 24
Block 5
Lots 2, 3, 4, 5, 6, 7, 8.01, 8.02, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 22
Block 8
Lots 1, 6, 7, 8, 9, 10
5. 
That the Official Zoning Map of the Borough of Farmingdale is hereby amended in order to delete the following property from the "VC" (Village Commercial) zoning and to include said property in the "R-40, Medium Density Single-Family Residential" zoning district:
Block 4
Lots 15, 23
6. 
An amendment to the Official Zoning Map of the Borough of Farmingdale has been effectuated with the adoption of this Ordinance.
7. 
Article IV, Zoning Provisions, Section 25-22, Official Zoning Map, is hereby amended for Block 16, Lot 1.04 from General Commercial GC to Affordable Housing AH-1 Overlay and delineated on the attached map entitled "Zoning Map Change — Block 16, Lot. 1.04" prepared by Thomas Planning Associates L.L.C. dated April 25, 2008. Following adoption by the Borough Council, Section 25-22 is hereby amended to add this Ordinance number and the date of adoption to the list of Zoning Map Amendments.
8. 
Article IV, Zoning Provisions, Section 25-22, Official Zoning Map, is hereby amended:
[Added 4-3-2018 by Ord. No. 01-2018]
(a) 
Block 12, Lot 23 from R-40 – Low Density Single-Family Residential to MF – Multi-Family Residential District; and
(b) 
Block 21, Lot 4 to include MF-AH Multi-Family Affordable Housing Overlay as an overlay to the existing zoning of the property.
[2]
Editor's Note: Grandfathering of Nonconforming Properties can be found in subsections 25-28.2A and 25-31.5.
[1]
Editor's Note: Ordinance No. 05-01, portions of which are codified herein, was adopted January 18, 2005.
[Ord. No. 97-01 § 20.1]
If, in accordance with the provisions of this chapter, and the Revised Statutes of the State of New Jersey, changes are made in the zone boundaries or other matters portrayed in the Official Zoning Map by the Governing Body, such changes shall be made thereon promptly by the Borough Clerk after such amendment has taken affect as provided by law. For each such change in the map, note shall be made thereof in the revision box, of the date of revision, zone affected by the revision and of a brief identifying description of the revision. These changes are to be endorsed upon the map on the effective date of the amendment.
[Ord. No. 97-01 § 20.2]
Unauthorized and intentional changes of any kind on the map or matter shown thereon shall be punishable by a fine not exceeding $200 or 90 days in jail, or both.
[Ord. No. 97-01 §§ 21 - 21.5]
Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the Map, the zone boundary lines shall be decided by the Zoning Officer and may be appealed to the Planning Board.
a. 
Center Lines. Boundary lines indicated as following or approximately following streets, highways or other public or private ways shall be construed to follow the center lines thereof.
b. 
Platted Lines. Boundaries indicated as following or approximately following platted lot lines shall be construed as following such lot lines as the same appear on the tax map of the Borough of Farmingdale.
c. 
Municipal Lines. Boundaries indicated as following or approximately following municipal lines shall be construed as following such municipal lines.
d. 
Waterway Lines. Boundaries indicated as following streams, rivers or other bodies of water shall be construed as following the center lines thereof.
e. 
Parallels and Extensions. All distances between parallel or concentric lines or extensions or prolongations of features indicated shall be construed to be a right angles in the case of parallel lines or radial in the case of concentric lines.
[Ord. No. 97-01 § 22.1]
Except as hereinafter provided, no building or structure or part thereof, and no lot or land or part thereof, shall hereinafter be used except in conformity with the regulations herein prescribed. Any lawful use that does not conform to the use regulations of this chapter shall be deemed a nonconforming use except that uses granted as conditional uses by the appropriate Planning Board shall be deemed to be conforming uses. Any enlargement of a conditional use shall require reapplication to the same agency. Use variances granted by the Board of Adjustment or granted on appeal by the Governing Body or appropriate court shall be deemed legal nonconforming uses.
[Ord. No. 97-01 § 22.2]
Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard, coverage, height and spacing regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the building regulations of this chapter, shall be deemed a nonconforming structure, irrespective of the use to which it is put. Building variances granted by the appropriate Planning Board shall be deemed to be conforming structures or uses.
[Ord. No. 97-01 § 22.3]
Any legally established existing use of a building or structure, lot or land, or part thereof, at the time of adoption of this chapter, which use constitutes a nonconforming use under the provisions of this chapter, may be continued.
[Ord. No. 97-01 § 22.4]
Unless the context indicates the contrary, the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "may" is permissive; the word "shall" is mandatory. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended, or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved, or rebuilt with the intention or design of using the same.
[Ord. No. 97-01 § 22.6]
No yard, lot, open space, parking or loading area or other areas required by this chapter that existed at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
[Ord. No. 97-01 § 22.7]
Except as hereinafter specified in this chapter, yards required by this chapter shall be entirely free of buildings or parts thereof.
[Ord. No. 97-01 § 22.8]
Corner lots shall provide the minimum front yard setback requirements for the respective zone for all intersecting streets.
[Ord. No. 97-01 § 22.9]
Cornices and eaves, chimneys and bay windows shall not project more than two feet over any required yard or court except that no projection shall be closer than three feet to a lot line. Any projection over two feet shall be considered part of the principal building and shall conform to all setbacks.
[Ord. No. 97-01 § 22.10]
Sills, leaders and similar ornamental or structural features shall not project more than six inches into any required yard or court.
[Ord. No. 97-01 § 22.11]
Porches and entries, uncovered or covered, shall be considered as part of the principal building and shall not project into required yard areas, unless otherwise permitted in this chapter.
[Ord. No. 97-01 § 22.12]
Through lots should be avoided, however, in the event one exists, each frontage shall maintain the required lot width and front yard setback of the Zone in which the lot is located.
[Ord. No. 97-01 § 22.13]
All front yards must face on a minimum 40 feet wide right-of-way for the required frontage of the lot. No building or use will be permitted on a lot unless that lot has the above required frontage on a minimum 40 feet right-of-way, and such frontage has been improved in accordance with the minimum municipal standards for 1/2 the width of the right-of-way or, at the discretion of the municipal engineer, such improvements have been guaranteed by cash of bond.
[Ord. No. 97-01 § 22.14]
Where a building lot has frontage upon a street which on the Master Plan or official map of the municipality is contemplated for right-of-way widening, the required front yard setback and lot area shall be calculated utilizing the proposed future right-of-way line.
[Ord. No. 97-01 § 22.15]
Where a lot is formed from part of another lot, such division shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to any existing building or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created unless it complies with all the provisions of this chapter.
[Ord. No. 97-01 § 22.16]
For the construction of any single-family residence, and for all approved site plans or subdivisions, soil removal shall be permitted only to the extent necessary to achieve the necessary finished grades of the subject development, and only if an applicant has applied for and received from the Borough Clerk a license or permit to remove soil from the premises in accordance with any Soil Removal Ordinance that may be in effect.
[Ord. No. 97-01 § 22.17]
No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted in the front yard on any lot, except as otherwise permitted by this chapter.
[Ord. No. 97-01 § 22.18]
Roof structures such as mechanical equipment, water towers, etc. shall be screened from public view, or designed, in such a fashion as to complement the architecture of the building.
[Ord. No. 97-01 § 22.19]
At the intersection of two or more streets, no wall, fence, hedge, or other structure shall be erected to a height in excess of 2 1/2 feet above curb level, nor any other obstruction to vision shall be permitted within the required sight triangle.
[Ord. No. 97-01 § 22.21]
Site Plan approval shall be required to construct or expand off-street parking in all zones, except that no such permit shall be required for a driveway of single-family, two-family, or three-family residences.
[Ord. No. 97-01 § 22.22]
All trailers, storage trailers, trailer coaches, or automobile trailers or any vehicle or structure designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, and originally designed to be mounted on wheels or used as a conveyance or propelled or drawn by its own or other motive power and from which said wheels or other means of locomotion or transportation have been removed, shall be prohibited in the municipality. The Municipal Building Inspector shall not issue a building permit, certificate of occupancy or other permits or certificates which will permit trailers, trailer coaches, automobile trailers or other such vehicles to be located within the territorial limitations of the municipality.
In Residential Zones, recreation vehicles, boat trailers, and boats shall be permitted to be stored in any yard but shall not be located any closer to a side or rear lot line than a permitted accessory building of similar size and height. They shall not be permitted to be stored in a front yard for periods exceeding 14 days in any six calender month period. No boat or recreation vehicle shall be lived in by any person at any time.
[Ord. No. 97-01 § 22.23]
All trailers whose prime purpose is to sell, store, maintain and repair goods shall be prohibited in the municipality. The municipal Construction Official shall not issue permits or certificates which will allow trailers to be located within the territorial limitations of the municipality, except that a permit may be issued for construction office and storage trailers only for the period during construction.
[Ord. No. 97-01 § 22.24]
No vehicles or structures for temporary sales of any goods shall be permitted on any lot unless a site plan has been approved by the Planning Board.
[Ord. No. 97-01 § 22.25]
No dwelling or principal structure shall be erected on land which is unsuitable for improvement because it is subject to flooding or other hazards to life, health, or property, unless the owner agrees to take approved adequate measures to eliminate such hazards. Such approval must be obtained from the Planning Board. The Board shall make or instigate adequate investigation by a recognized, trained or licensed authority before granting approval and only after a public hearing thereon. Expense incurred for such investigation must be paid for by the applicant, and no certificate or permit shall be issued until payment in full is received. The exception to the above would apply to structures necessary for access and safety such as bridges, culverts, or protective walls and fences or for accessory agricultural structures, such as irrigation facilities, dependent upon access to water.
[Ord. No. 97-01 § 22.26]
Any use not permitted in a zone but for which approval is given by the Planning Board shall comply with the bulk standards of the most restrictive zone in which the use is permitted, as determined by the Zoning Officer. If the use is not permitted in any zone within the Borough, the standards applying to the most restrictive zone within which a similar use is permitted, as determined by the Zoning Officer, shall apply. Where no such similar use exists, the standards of the subject zone shall apply.
[Ord. No. 97-01 § 22.27]
Any multiple use of string of flags or pennants for display or to attract attention shall not be permitted in any zone. Temporary use of string of flags or pennants for grand openings only may be permitted for a period not to exceed 30 days upon approval of the Construction Official.
[Ord. No. 97-01 § 22.28]
No building or structure shall be erected within the designated 100-year flood plain as defined on the Borough Flood Insurance Rate Map, prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, dated October, 1977, as amended.
[Ord. No. 97-01 § 22.29]
The Planning Board may require the designation of any portion of a site plan or subdivision as a conservation easement, pursuant to N.J.S.A. 13:8B-1, et seq. In the event that a conservation easement is required in connection with a development application, the developer or owner shall be required to make reference to said easement and the restriction relating thereto in any future conveyances involving property which includes said easement.
No grading or removal of vegetation, with the exception of limited thinning, shall be permitted in a conservation easement. Limited thinning shall only be done with the approval and supervision of the Borough Engineer or his authorized replacement.
Structures permitted to be constructed in a conservation easement shall be limited to fencing and drainage structures, and shall only be permitted by approval of the Planning Board. Fencing shall comply with all applicable requirements of this chapter.
[Ord. No. 97-01 § 22.30]
Multiple principal buildings may be constructed on any lot in any zone, except that only one principal building shall be permitted on any single-family residential lot in any zone.
[Ord. No. 97-01 § 22.31]
Materials designated in the Borough of Farmingdale Recycling Ordinance, as amended, shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
a. 
Each residential dwelling unit shall provide a storage area to accommodate a one month accumulation of mandated recyclables.
b. 
Every commercial and industrial development shall provide the Planning Board for which approval of the development is sought, with estimates of the quantity of mandated recyclable materials (newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper and corrugated cardboard) that will be generated by the development during each week. A separated storage area must by provided to accommodate 1.5 times the anticipated accumulation of recyclable material. The Planning Board may require the location of one or more common storage areas at convenient locations within the development. Any storage area shall be designed for truck access for pick-up of materials and shall be suitably screened from view if located outside the building.
c. 
Each application for commercial and industrial development shall include a narrative statement describing the materials to be recycled, who will pick up the materials, the frequency of pick-ups, and any anticipated volume of material to be accumulated between pick-ups. The statement shall also include details as to how the volume of anticipated material to be picked up was calculated.
d. 
Residential units which existed, had obtained preliminary site plan approval, or for which any building permit had been issued as of the date of adoption of this chapter shall be exempt from the provisions of this chapter and shall not be deemed to become a nonconforming structure as of a result of the adoption of this chapter.
e. 
Commercial or industrial structures or developments which have obtained preliminary site plan approval, or for which a building permit has been issued or which were in existence as of the date of adoption of this chapter shall apply for approval from the Planning Board of the Borough of Farmingdale. Review by the Borough of Farmingdale Planning Board shall be limited to the recycling plans and the Board may waive the requirements for notice and public hearing for those applications for which the proposed alterations to the existing site plan otherwise conform to the zoning regulations of the district in which the site is located. Application shall be made as follows:
1. 
Applicants shall submit a marked up copy of an approved site plan if the property has previously received site plan approval or, if not, a survey of the commercial/industrial property on which the recyclable materials storage area is to be located.
2. 
Applicants will submit a drawing/sketch plan of the storage area, properly dimensioned, either on the survey or as a separate document, which reflects the proposed storage area and distances to other structures and property lines.
3. 
Recyclable materials storage areas may be located no less than five feet from the nearest property line, notwithstanding zone requirements to the contrary.
4. 
Where it deems appropriate the Planning Board, or a subcommittee thereof, may refer the matter to the Borough Engineer for review prior to determination by the Board.
f. 
Existing commercial or industrial structures which have not obtained an approved Recyclable Materials Storage Plan from the Borough of Farmingdale Planning Board by no later than six months from the date of adoption of this chapter, shall be deemed to be a nonconforming structure as a result of the adoption of this chapter and shall be deemed to be in violation of the Borough's Ordinances with regard to recycling and litter control and shall be subject to the penalties enumerated in the Revised General Ordinances of the Borough of Farmingdale, as may be amended from time to time.
[Ord. No. 04-11]
For all uses, in all zones, except single- and two-family dwellings. All garbage or trash and recycling materials awaiting collection shall conform to the following:
a. 
The trash and recycling area shall be in a rear yard.
b. 
Trash and recyclable disposal collection areas shall be suitably buffered and screened to minimize the impacts of noise, odors, disposal and collection activities and views of collection bins and dumpsters. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way. Buffering shall consist of a minimum of four foot wide area surrounding all sides of such facility exposed to view. If such facility is located on a site adjacent to a residential use or zone, such buffering shall consist of a minimum ten-foot area surrounding all sides of such facility exposed to view. Screening shall consist of a minimum six foot high masonry wall, solid wooden fence or accessory building with gates or doors and ramped access to facilitate the movement of bins or dumpsters. The base of such screen shall be planted with a minimum four-foot high evergreen hedge along the sides and rear of same.
c. 
Adequate pedestrian and service vehicle access shall be provided to all storage facilities. Such vehicular access shall accommodate the types of service vehicles used for the collection of solid waste and designated recyclable materials.
d. 
The size and capacity of all storage facilities shall be based on the size and capacity of containers, bins and/or dumpsters utilized, frequency of pickup and projected generation rates of users of the site.
e. 
Penalty. Any person who shall violate this subsection or any of its provisions shall be subject, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
[Added 8-10-2021 by Ord. No. 03-2021]
a. 
Purpose. The purpose of this section is to regulate the marketplace class of licensed recreational cannabis businesses and to codify a prohibition, pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), N.J.S.A. 24:6I-45b, on all six marketplace classes of cannabis establishments, as defined in that statute and including cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis retailer, cannabis distributor, and cannabis delivery service, but not the delivery of cannabis items and related supplies into Farmingdale Borough by a delivery service located outside the geographic boundaries of Farmingdale Borough, which delivery service shall have been duly licensed by the municipality in which it operates.
b. 
Definitions. As used in this chapter, all marketplace classes of cannabis establishments, including a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, a cannabis retailer, a cannabis distributor, and cannabis delivery service shall have the same meaning as set forth in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33 et seq.
c. 
General prohibition. All six marketplace classes of cannabis establishments, including cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis retailer, cannabis distributor, and cannabis delivery service, as said terms are defined in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33, are hereby prohibited uses or activities within the Borough of Farmingdale. This prohibition shall not apply to the delivery of cannabis items and related supplies being delivered into Farmingdale Borough by a cannabis delivery service located outside the geographic boundaries of Farmingdale Borough, which delivery service shall have been duly licensed by the municipality in which it operates.
[Ord. No. 97-01 § 23]
a. 
Exterior alterations which substantially change the residential character and nature of a building for the purpose of changing the use of the building, such as from a residence to a professional office, shall not be permitted in any Residential Zone unless otherwise specifically permitted in this chapter.
b. 
There shall be no more than one principal residential building erected or established on any one lot in any Residential Zone, except, where multi-family buildings are permitted, more than one building may be erected in conformance with development standards of that Zone.
c. 
If a conflict arises between the permitted number of units of residences per acre and the development standards, the more restrictive standard will take precedence. Development standards are lot size, setbacks, and similar limiting provisions. This conflict may arise due to unsuitable geology of land, unusual shape, or other factors which prevent the full use of the land and still meet all development standards.
d. 
Any individually registered commercial vehicle longer than 25 feet in length or 10 feet in height measured from the highest point of said vehicle excluding exhaust stacks and antennae, or any tractor trailer or truck tractor, shall be prohibited from standing or parking overnight on any property located in any Residential Zone.[2]
[2]
Editor's Note: Former Subsection d, regarding outside storage of unregistered vehicles, was repealed 7-12-2011 by Ord. No. 2011-06. This ordinance also redesignated former Subsections e and f as Subsections d and e, respectively.
e. 
Satellite antenna dishes used for the purpose of transmitting shall be prohibited in any Residential Zone.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 97-01 § 23.1]
a. 
Use and Occupancy Regulations. For the reasons stated in paragraph b below, the use and occupancy of detached dwellings throughout all Residential Districts shall be restricted to families only, as defined in this subsection.
b. 
Purpose. The preservation of "family style living" and the preservation of the character of residential neighborhoods as such are legitimate zoning goals. The Borough of Farmingdale is concerned with maintaining the stability and permanence generally associated with single-family occupancy throughout its residential neighborhoods. A municipality may endeavor, by legitimate means, to secure and maintain the blessings of quiet seclusion and to make available to its inhabitants the refreshment of repose and the tranquility of solitude. The Borough of Farmingdale possesses these goals and, by the regulation herein contained, implements them in a manner which bears a reasonable relationship to the problem sought to be ameliorated. That problem is the use and occupancy of single-family dwellings interspersed among the residential neighborhoods of the community, by groups of individuals whose living arrangements, although temporarily in the same dwelling unit, are transient in nature and do not possess the elements of stability and permanency which have long been associated with single-family occupancy. Such living arrangements are not compatible with the family-style living sought to be preserved. Such occupancies are in the nature of rooming houses, boarding homes, hotels, motels, and the like. Such uses do not meet the definition of family as contained in this chapter and are prohibited in detached dwellings in all Residential Zones. This subsection provides zoning classifications which allow for ample multi-family uses, and there are presently many such uses in existence through the Borough. Ample housing exists within the Borough of Farmingdale for those who choose to live under arrangements which do not meet the definition of family as provided in this subsection.
[Ord. No. 97-01 § 24]
The purpose of the R-7.5 Residential Zone is to provide for medium density residential use in areas where residential densities are approximately six units per acre. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial uses, industrial uses, or multi-family housing.
[Ord. No. 97-01 § 24.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Single-family residential dwellings.
2. 
Two-family residential dwellings.
3. 
Three-family residential dwellings.
b. 
Accessory structures and uses including:
1. 
Private garage.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter:
1. 
Government buildings and services including volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
Churches, synagogues, parish houses, and similar religious uses.
4. 
Quasi-public uses.
5. 
Public and parochial schools.
6. 
Home professional offices and home occupations.
7. 
Family day care homes.
8. 
Multi-family residential dwellings.
[Ord. No. 05-07 § 1]
A principal building located in the R-7.5 Zoning District, which has received a Certificate of Occupancy or Temporary Certificate of Occupancy prior to the effective date of this subsection[1] and was located in the "GC, General Commercial" Zoning District prior to the effective date of this subsection, may be occupied and used, without an appeal to the approving authority, for any of the following principal purposes:
a. 
Personal service establishments and offices, including:
1. 
Beauty parlors and barber shops;
2. 
Dance studios;
3. 
Travel agencies;
4. 
Real estate offices;
5. 
Banks;
6. 
Tailors;
7. 
Dry cleaning, provided no bulk processing is done on premises;
8. 
Self service laundry operations;
9. 
Shoe repairing;
10. 
Household appliance repair and sales;
11. 
Gunsmithing;
12. 
Watchmaking and repair;
13. 
Funeral parlors;
14. 
Similar personal service establishments.
b. 
Medical and professional offices.
c. 
Single-family, two-family and three-family residential dwellings in accordance with the bulk requirements of the R-7.5 Zone.
Accessory buildings or structures and conditional uses shall conform with the requirements of R-7.5 Zoning District.
[1]
Editor's Note: Ordinance No. 05-07, codified herein as subsection 25-28.2A, was adopted August 16, 2005. Ordinance No. 05-07 amended Ordinance No. 05-01, adopted January 18, 2005. See also subsection 25-22.1.
[Ord. No. 97-01 § 24.2; Ord. No. 01-10]
The R-7.5 Residential Zone specified herewith shall be occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a. 
Principal Buildings.
1. 
Minimum lot size:
Single-family residential
7,500 square feet
Two-family residential
10,000 square feet
Three-family residential
15,000 square feet
2. 
Minimum lot width:
Single-family residential
60 feet
Two-family residential
75 feet
Three-family residential
100 feet
3. 
Minimum lot depth - 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.) - in line with existing setbacks of residences on the same block and on the same side of the street - where no established setback exists - 30 feet.
5. 
Minimum side yard setback - eight feet.
6. 
Minimum both side yard setbacks - 30% of lot width.
7. 
Minimum rear yard setback - 30 feet.
8. 
Minimum gross floor area.
Single-family dwellings:
2-story dwellings:
First floor minimum
700 square feet
Overall minimum
1,400 square feet
1 1/2 story dwellings:
First floor minimum
850 square feet
Overall minimum
1,400 square feet
Single story dwellings
1,300 square feet
Two- and three-family dwellings:
800 square feet per unit
9. 
Maximum lot coverage.
Building - 25% of lot area
Impervious - 55% of lot area
10. 
Maximum building height - two stories above grade or 35 feet, whichever is less.
b. 
Accessory Buildings, Structures and Uses.
1. 
Maximum of two accessory buildings may be permitted for tools and equipment used for maintenance of the grounds and greenhouse hobby use. The side and rear yard setback requirements for each building shall be no less than five feet, provided it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building.
2. 
Accessory structures, other than buildings intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks and open porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
3. 
One accessory building may be permitted for a detached private garage. The detached private garage, used primarily for the storage of no more than two motor vehicles, shall be no less than five feet from the side and rear yard lines and it shall not exceed the height of the principal dwelling. A one car parking garage shall not exceed 14 feet by 28 feet, or 392 square feet and two car garages shall not exceed 28 feet by 28 feet or 784 square feet. Attached garages must conform to principal building setback requirements. Any private detached garage or accessory building is specifically prohibited in a required front yard area.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 04-07]
The purpose of this section is to implement a settlement agreement between Traditional Developers, LLC, and the Borough and its Planning Board dated September 24, 2004.
[Ord. No. 04-07]
The following regulations shall apply in the R-6 Single-Family Residential Zone District:
a. 
Development in the R-6 Zone District is permitted on tracts of 10 or more contiguous acres.
b. 
Maximum gross density - 1.4 dwelling units per acre.
c. 
Maximum number of dwelling units permitted in a development - 21.
[Ord. No. 04-07]
A building may be erected, altered, or used and a lot or premises may be occupied and used for the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Single-family detached residential dwellings.
b. 
Accessory Uses and Structures.
1. 
Buildings for tools and equipment used for maintenance of the grounds and greenhouses for hobby use.
2. 
Private swimming pools.
3. 
Fences and hedges subject to the special conditions of this chapter.
4. 
Decks and open porches.
5. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
[Ord. No. 04-07]
The R-6 Residential Zone shall be developed in accordance with the following standards and requirements.
a. 
Principal Buildings.
1. 
Minimum lot area - 6,000 square feet.
2. 
Minimum lot frontage - 45 feet.
3. 
Minimum lot width - 50 feet.
4. 
Minimum lot depth - 90 feet.
5. 
Minimum side yard - six feet.
6. 
Minimum front yard - 20 feet.
7. 
Minimum rear yard - 20 feet.
8. 
Minimum gross floor area:
First floor minimum - 900 square feet.
Overall minimum - 1,800 square feet.
9. 
Maximum lot coverage:
Building - 40%
Impervious - 75%
10. 
Principal Building Height. Thirty-five feet, measured as the vertical distance from the proposed floor elevation from the first story above grade to the highest point of the roof provided that the following exceptions shall apply (a) chimneys and vents shall not be included in calculating building height; (b) for those residential lots not abutting lots fronting on Walnut Street, a maximum of 15% of the roof area may be up to 40 feet in height.
b. 
Detached Accessory Buildings or Structures (In Feet).
1. 
Minimum side yard - five feet.
2. 
Minimum front yard - 50 feet.
3. 
Minimum rear yard - five feet.
4. 
Accessory building height - 10 feet.
5. 
Maximum area of accessory building or structure cannot exceed 100 square feet.
[Ord. No. 04-07]
a. 
Open Space Design Requirements.
1. 
For the purposes of this section, the term "open space" shall be as defined in the Municipal Land Use Law (N.J.S.A. 40:55D-5).
2. 
The minimum total area of open space in the development shall not be less than 55% of the gross tract area, and may include wetlands, stormwater management facilities and other environmentally sensitive areas. The required open space and any additional wetlands and wetlands transition areas that will remain on the site after its development shall be dedicated to the Borough of Farmingdale.
b. 
Circulation Design Requirements.
1. 
Streets within the development shall be constructed in accordance with the Residential Site Improvement Standards.
2. 
Parking shall be provided in accordance with the Residential Site Improvement Standards.
3. 
Where a garage and driveway combination is proposed to satisfy the off-street parking requirement for a dwelling, the conversion of the garage to other uses is prohibited and such prohibition shall run with the land as a restrictive deed covenant approved by the Borough.
c. 
Requirement for Sewer and Water.
1. 
Each dwelling unit shall be properly connected with an approved and functioning public sanitary sewer system and community water system.
d. 
Landscaping.
1. 
Buffers. A landscaping plan shall be submitted which shall be satisfactory to the approving Board and designed to provide a visual buffer of the development from adjacent properties. In areas too narrow for a vegetated buffer, fencing may be approved by the Board to be substituted for landscaping or to be used in combination with landscaping.
2. 
Street Trees. Street trees shall be provided in accordance with subsection 25-56.3a3 of this chapter.
e. 
Architectural.
1. 
Architectural elevation drawings and/or renderings of the proposed development shall be submitted specifying the materials and colors to be used. It is required that the developer use architectural forms which are compatible with the older homes constructed in the Borough of Farmingdale between 1840 and 1900, and that the architectural forms include Victorian-type design ornaments such as roof brackets, unusual door and window shapes and rich varied detailing of the building facades.
2. 
Diversity of architectural design for the single-family detached dwellings within the development shall meet the following minimum requirements:
(a) 
No construction permit shall be issued for any detached dwelling unit if it is substantially similar in exterior design with any neighboring dwelling unit situated on another lot on the same street, either on the same side of the street or on the opposite side of the street, unless the two lots are separated by a distance of at least 60 feet.
(b) 
Detached dwelling units shall be considered "substantially similar in exterior design" if they have any one of the following three architectural characteristics:
(1) 
The same basic dimensions used in floor plans are used without significant differentiation to the exterior elevations;
(2) 
The architectural design of the roofs are without significant change in appearance; or
(3) 
The architectural design of the windows, front entranceways and garage doors are without significant change in appearance.
(c) 
The requirement of this subsection shall not be considered satisfied where minor changes or deviations to architectural plans and/or lot location surveys are made for the primary purpose of circumventing the requirements of this subsection.
(d) 
The different designs proposed by the applicant shall be identified by the applicant as to model and elevation and shall be reviewed and approved by the Planning Board at the time of preliminary subdivision approval.
(e) 
In order to insure conformity with the requirements of this subsection and the approval of the Board, at the time application is made for each construction permit for each detached dwelling unit, the developer shall provide a map of the approved final subdivision to the Construction Official with a clear indication of the model and elevation of each dwelling unit for which a construction permit has been issued or is requested to be issued.
f. 
Construction Trailers.
1. 
Construction trailers shall be permitted on the site throughout its development; an office trailer shall be permitted on the site through the initial development phase, defined as the completion of all site work and the construction of the first residential building on the site.
g. 
Retaining Walls.
1. 
Retaining walls under three feet in height are permitted and are not required to be shown on the plans approved by the Board, although such walls are required to be shown, on the final as-built plans and shall be approved by the Borough Engineer. Retaining walls three feet in height or more are required to be shown on the site plan and approved by the Board.
[Ord. No. 04-07]
In case of a conflict between the standards in this section and those of any other section of this chapter or of any other ordinance in the Borough of Farmingdale, the standards in this section shall prevail. Any conflicting ordinance standards shall not apply to development in the R-6 Single-Family Residential Zone District or shall be waived wherever such standards would interfere with the provision of 21 market-priced single-family dwelling units specified herein.
[Ord. No. 04-07]
The Zoning Map of the Borough of Farmingdale dated September 21, 2004 as amended, is further amended to show Block 16, Lots 1.02, 3.01 and 6, as being in the R-6 Single-Family Residential Zone District.
[Ord. No. 04-07]
This section shall take effect upon approval by the Superior Court, trial division, of (a) the settlement agreement between Traditional Developers, LLC, and the Borough and its Planning Board dated; and (b) housing element and fair share plan adopted by the Planning Board on August 23, 2004 and the Borough on August 17, 2004.
[Ord. No. 97-01 § 25]
The purpose of the R-10 Residential Zone is to provide for medium density residential use in areas where residential densities are approximately four units per acre. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multi-family housing.
[Ord. No. 97-01 § 25.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Single-family residential dwellings.
2. 
Two-family residential dwellings.
3. 
Three-family residential dwellings.
b. 
Accessory structures and uses including:
1. 
Private garage.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services including volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
Churches, synagogues, parish houses, and similar religious uses.
4. 
Quasi-public uses.
5. 
Public and parochial schools.
6. 
Home professional offices and home occupations.
7. 
Family day care homes.
8. 
Multi-family residential dwellings.
[Ord. No. 97-01 § 25.2; Ord. No. 01-10]
The R-10 Residential Zone specified herewith shall be occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a. 
Principal Buildings.
1. 
Minimum lot size.
Single-family residential - 10,000 square feet
Two-family residential - 2,000 square feet
Three-family residential - 18,000 square feet
2. 
Minimum lot width.
Single-family residential - 75 feet
Two-family residential - 100 feet
Three-family residential - 125 feet
3. 
Minimum lot depth - 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.) - in line with existing setbacks of residences on the same block and on the same side of the street - where no established setback exists - 30 feet
5. 
Minimum side yard setback - 10 feet.
6. 
Minimum both side yard setbacks - 30% of lot width.
7. 
Minimum rear yard setback - 30 feet.
8. 
Minimum gross floor area.
Single-family dwellings:
2 story dwellings:
First floor minimum
800 square feet
Overall minimum
1,500 square feet
1 1/2 story dwellings:
First floor minimum
950 square feet
Overall minimum
1,450 square feet
Single story dwellings
1,400 square feet
Two- and three-family dwellings
950 square feet per unit
9. 
Maximum lot coverage:
Building - 20% of lot area.
Impervious - 50% of lot area.
10. 
Maximum building height - two stories above grade or 35 feet, whichever is less.
b. 
Accessory Buildings, Structures and Uses.
1. 
Maximum of two accessory buildings may be permitted for tools and equipment used for maintenance of the grounds and greenhouse hobby use. The side and rear yard setback requirements for each building shall be no less than five feet, provided it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building.
2. 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks and open porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
3. 
One accessory building may be permitted for a detached private garage. The detached private garage, used primarily for the storage of no more than two motor vehicles, shall be no less than five feet from the side and rear yard lines and it shall not exceed the height of the principal dwelling. A one car parking garage shall not exceed 14 feet by 28 feet, or 392 square feet and two car garages shall not exceed 28 feet by 28 feet or 784 square feet. Attached garages must conform to principal building setback requirements. Any private detached garage or accessory building is specifically prohibited in a required front yard area.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 97-01 § 26]
The purpose of the R-15 Residential Zone is to provide for medium density residential use in areas where residential densities are approximately three units per acre. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multi-family housing.
[Ord. No. 97-01 § 26.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Single-family residential dwellings.
b. 
Accessory structures and uses including:
1. 
Private garage.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services including volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
Churches, synagogues, parish houses, and similar religious uses.
4. 
Quasi-public uses.
5. 
Public and parochial schools.
6. 
Home professional offices and home occupations.
7. 
Family day care homes.
[Ord. No. 97-01 § 26.2; Ord. No. 01-10]
The R-15 Residential Zone specified herewith shall be occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a. 
Principal Buildings.
1. 
Minimum lot size - Single-family residential - 15,000 square feet.
2. 
Minimum lot width - Single-family residential - 100 feet.
3. 
Minimum lot depth - 150 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.) - in line with existing setbacks of residences on the same block and on the same side of the street - where no established setback exists - 30 feet.
5. 
Minimum side yard setback - 15 feet.
6. 
Minimum both side yard setbacks - 40% of lot width.
7. 
Minimum rear yard setback - 40 feet.
8. 
Minimum gross floor area
Single-family dwellings:
Two-story dwellings:
First floor minimum
1,200 square feet
Overall minimum
2,000 square feet
1 1/2 story dwellings:
First floor minimum
1,000 square feet
Overall minimum
1,700 square feet
Single story dwellings
1,500 square feet
9. 
Maximum lot coverage.
Building - 20% of lot area.
Impervious - 45% of lot area.
10. 
Maximum building height - two stories above grade or 35 feet, whichever is less.
b. 
Accessory Buildings, Structures and Uses.
1. 
Maximum of two accessory buildings may be permitted for tools and equipment used for maintenance of the grounds and greenhouse hobby use. The side and rear yard setback requirements for each building shall be no less than five feet, provided it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building.
2. 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks and open porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
3. 
One accessory building may be permitted for a detached private garage. The detached private garage, used primarily for the storage of no more than two motor vehicles, shall be no less than five feet from the side and rear yard lines and it shall not exceed the height of the principal dwelling. A one car parking garage shall not exceed 14 feet by 28 feet, or 392 square feet and two car garages shall not exceed 28 feet by 28 feet or 784 square feet. Attached garages must conform to principal building setback requirements. Any private detached garage or accessory building is specifically prohibited in a required front yard area.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 05-01 § 6]
a. 
A single-family detached dwelling located in the R-15 or R-40 Zoning District, which has received a Certificate of Occupancy or Temporary Certificate of Occupancy prior to the effective date of this subsection,[1] may be enlarged without an appeal to the approving authority, even though the dwelling may be on a nonconforming lot, provided that:
1. 
The property was located in the R-10 Zoning District prior to the effective date of this subsection; and
(a) 
The proposed enlargement conforms with the use, area, and yard requirements of the R-10 Zoning District; and
(b) 
The proposed enlargement does not increase the nonconformity of any dimensional setback violations existing prior to the effective date of this subsection; and
(c) 
The area of such enlargement when aggregated with the area of the existing dwelling, does not exceed the maximum lot coverage standard permitted in the R-10 Zoning.
2. 
The property was located in the R-15 Zoning District prior to the effective date of this subsection; and
(a) 
The proposed enlargement conforms with the use, area and yard requirements of the R-15 Zoning District; and
(b) 
The proposed enlargement does not increase the nonconformity of any dimensional setback violations existing prior to the effective date of this subsection; and
(c) 
The area of such enlargement, when aggregated with the area of the existing dwelling, does not exceed the maximum lot coverage standard permitted in the R-15 Zoning District.
[1]
Editor's Note: Ordinance No. 05-01, portions of which are codified herein as subsection 25-31.5, was adopted January 18, 2005. See also subsection 25-22.1.
b. 
Accessory buildings or structures may be added to single-family detached dwellings on nonconforming lots located in the R-15 or R-40 Zoning District, without an appeal to the approving authority, provided, that:
1. 
The dwelling received a Certificate of Occupancy or Temporary Certificate of Occupancy prior to the effective date of this subsection;
2. 
The property was located in the R-10 or R-15 Zoning District prior to the effective date of this subsection,
3. 
If the property is located in the R-15 Zoning District, then:
(a) 
The accessory building or structure, by itself, conforms with all requirements of the R-10 Zoning District; and
(b) 
The area of such accessory building or structures, when aggregated with the area of the principal dwelling, does not exceed, the maximum lot coverage standards permitted in the R-10 Zoning District; or
4. 
If the property is located in the R-40 Zoning District, then:
(a) 
The accessory building or structure, by itself, conforms with all requirements of the Zoning District in which the property was formerly located (i.e., the R-10 or R-15 Zoning District, as applicable); and
(b) 
The area of such accessory building or structure, when aggregated with the area of the principal dwelling, does not exceed the maximum lot coverage standards permitted in the Zoning District in which the property was formerly located (i.e., the R-10 or R-15 Zoning District, as applicable).
Notwithstanding the provisions set forth above, a lot located in the R-15 or R-40 Zoning District may nevertheless be developed in accordance with the lot area and dimensional requirements of the zoning district in which it was formerly located (i.e., R-10 or R-15 Zoning District, as applicable), without an appeal to the approving authority, provided that the lot had received final subdivision approval from the local Planning Board and said final subdivision had been perfected in accordance with law, prior to the effective date of this subsection.
The purpose of the MF-AH Multi-Family Affordable Housing Overlay Zone seeks to facilitate and encourage the creation of affordable housing within the Borough within a portion of the LI Zone. Nothing in this § 25-32 shall be construed to prohibit any use permitted by the underlying zone districts. The MF-AH Multi-Family Affordable Housing Overlay Zone (hereinafter, the "MF-AH Overlay Zone") will allow the existing uses to continue as well as the current zoning standards should the property owners seek to utilize such provisions. However, in order to develop non-age-restricted, market-rate residential development, affordable housing must be created.
a. 
Permitted Uses. Multifamily dwellings subject to affordable housing requirements of Chapter 27.
b. 
Accessory Uses or Structures:
1. 
Recreational facilities/structures for permitted residential uses.
2. 
Accessory structures may be permitted for trash and recyclable materials and constructed of materials similar to the facade of the building.
3. 
Essential utilities.
4. 
Maintenance or storage sheds constructed of materials similar to the facade of the building.
The MF-AH Overlay Zone uses specified herewith shall be occupied only as indicated below and subject to affordable housing regulation requirements of Chapter 27.
a. 
Principal buildings for multifamily residential uses in accordance with § 25-32.1a.
1. 
Minimum lot size: 15 acres.
2. 
Minimum lot width: 400 feet.
3. 
Minimum lot depth: 1,000 feet.
4. 
Minimum front yard setback: 100 feet.
5. 
Minimum side yard setback: 50 feet.
6. 
Minimum rear yard setback: 50 feet.
7. 
Spacing between buildings. In order to maintain privacy between dwelling units, buildings shall maintain the following minimum spacing:
(a) 
Window wall to window wall: 75 feet.
(b) 
Windowless wall to windowless wall: 10 feet.
8. 
Additional setback requirements for buildings:
(a) 
Building to roadway: 15 feet.
(b) 
Building to parking area: 10 feet.
9. 
Gross density of 10 dwelling units per acre.
10. 
There shall be no more than 16 units in one building or structure.
11. 
No single building or structure shall exceed 200 feet in length along a linear plane.
12. 
Maximum building height of three stories and 45 feet, provided that no building or portion of a building erected within 75 feet of a residential zone shall exceed 2 1/2 stories and 35 feet in height.
b. 
Accessory structures.
1. 
Other than buildings intended for use or occupancy and located on or above ground must maintain the required front, rear and side yard setbacks from property lines.
2. 
Accessory structures may be permitted for trash and recyclable materials and constructed of materials similar to the facade of the building.
3. 
Essential utilities.
4. 
Maintenance or storage sheds constructed of materials similar to the facade of the building
a. 
The overlay zone will require a twenty-percent affordable housing set aside for affordable sale units and a fifteen-percent affordable housing set aside for affordable rental units. Affordable housing shall be provided in accordance with the affordable housing regulation requirements of Chapter 27.
b. 
All streets, driveways and parking facilities shall be constructed in accordance with the standards set forth in this chapter.
c. 
Adequate landscaping shall be provided with the site plan and a landscaping plan shall be provided for each section and approved prior to construction.
d. 
Not less than 5% of the gross area of the tract shall be set aside and developed for outdoor recreation which land shall be computed as part of the open green area. This may include swimming pools and related facilities, shuffleboard and horseshoe courts, tennis courts or other appropriate community facilities.
e. 
There shall be provided a safe and convenient system of walks between all sections accessible to all occupants.
f. 
Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas sufficient for the safety and convenience of the residents and shall be approved prior to construction.
g. 
Not less than 25% of the gross shall be devoted to open green area.
h. 
All utility services within the territorial area shall be underground in proper conduits or ducts insofar as possible and shall, where, applicable, be in accordance with the standards, terms, and conditions incorporated as part of the utilities tariff as the same are then on file with the New Jersey Board of Public Utilities; and shall, where applicable, comply with the latest regulations, standards and specifications established by any statute or ordinance of any state, local department or bureau applicable thereto. Written evidence of compliance with the above shall be submitted for each service utility.
i. 
Homeowners' association. The proposed homeowners' association bylaws shall be submitted for review by the board in conjunction with the application for development, including common courts, drainage, detention basins, conservation areas, buffer areas, recreation areas, and other components of the multifamily development.
[Ord. No. 97-01 § 27]
The purpose of the R-40 Residential Zone is to provide for Low Density Residential Use in areas of environmentally sensitive land. The provisions and regulations set forth herein encourage the future development and maintenance of this area as a residential area for strictly residential purposes by prohibiting commercial development or conversions to commercial or multi-family housing.
[Ord. No. 97-01 § 27.1; Ord. No. 01-10]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Single family residential dwellings within a non-cluster or a cluster development.
b. 
Accessory structures and uses including:
1. 
Private garage.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts.
4. 
Signs, subject to the special conditions of this chapter.
5. 
Fences and hedges subject to the special conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services, including volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
Churches, synagogues, parish houses, and similar religious uses.
4. 
Quasi-public uses.
5. 
Public and parochial schools.
6. 
Home professional offices and home occupations.
7. 
Family day care homes.
[Ord. No. 97-01 § 27.2; Ord. No. 01-10]
The R-40 Residential Zone specified herewith shall be occupied only as indicated below and in the Schedule which is attached to this chapter:[1]
a. 
Single-Family (Non-Cluster).
1. 
Principal buildings.
(a) 
Minimum lot size - 40,000 square feet.
(b) 
Minimum lot width - 150 feet.
(c) 
Minimum lot depth - 150 feet.
(d) 
Minimum front yard setback (measured from the future street R.O.W.) - 50 feet.
(e) 
Minimum side yard setback - 20 feet.
(f) 
Minimum both side yard setbacks - 40 feet.
(g) 
Minimum rear yard setback - 40 feet.
(h) 
Minimum gross floor area:
2-story dwellings:
First floor minimum - 1,400 square feet
Overall minimum - 2,700 square feet
1 1/2 story dwellings:
First floor minimum - 1,600 square feet
Overall minimum - 2,500 square feet
Single story dwellings - 2,300 square feet
(i) 
Maximum Lot Coverage.
Building - 20% of lot area
Impervious - 45% of lot area
(j) 
Maximum building height - two stories above grade or 35 feet, whichever is less.
2. 
Accessory buildings, structures and uses.
(a) 
Maximum of two accessory buildings may be permitted for tools and equipment used for maintenance of the grounds and greenhouse hobby use. The side and rear yard setback requirements for each building shall be no less than five feet, provided it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building.
(b) 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks and open porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
(c) 
One accessory building may be permitted for a detached private garage. The detached private garage, used primarily for the storage of no more than two motor vehicles, shall be no less than five feet from the side and rear yard lines and it shall not exceed the height of the principal dwelling. A one car parking garage shall not exceed 14 feet by 28 feet, or 392 square feet and two car garages shall not exceed 28 feet by 28 feet or 784 square feet. Attached garages must conform to principal building setback requirements. Any private detached garage or accessory building is specifically prohibited in a required front yard area.
b. 
Single-Family (Cluster).
1. 
General Requirements and Provisions for Cluster Residential Development. The purpose of this paragraph is to provide a method of development for residential land which will nevertheless preserve desirable open spaces, including flood plain areas, recreation and park areas and lands for other public purposes, by reducing the lot sizes without increasing the number of lots permitted.
(a) 
A cluster residential development for single-family dwelling purposes shall occupy 20 acres or more and shall be a permitted use at the discretion of the Planning Board in any single-family zone. Where adjacent properties in a Residential Zone have already been developed in accordance with the cluster area requirements for the Residential Zone, the 20 acre minimum requirement shall be reduced to 10 acres and five acre dedication may be reduced to three acres, provided that the Planning Board determines that the additional cluster use is not detrimental to the intent and purpose of this zone or the surrounding existing residential uses.
A Single Cluster Residential Development may be permitted on a single tract which is located in more than one Residential Zone provided that Cluster Residential Development is permitted in each of the zones and provided that all lots conform to the requirements of the individual zone in which they are located. In such instances, density shall be calculated separately for the portion of the tract in each separate zone.
(b) 
The proposed development shall follow all applicable procedures, standards and requirements of the ordinance governing the subdivision of land.
(c) 
There shall be dedicated for common use a minimum 25% of the gross acreage in the cluster subdivision. This percentage shall not include streets. Of the area dedicated for common use, a minimum of 50% or five acres, whichever is greater, shall be a contiguous, usable area as determined by the Planning Board, and be free of floodway, flood hazard area, or slopes with gradients over 15%. In no event shall the area to be dedicated for common use be fragmented into small, unusable parcels except to conserve critical environmental areas. The Planning Board shall, prior to reaching its determination, confer with other interested municipal agencies as to the advisability of accepting the lands to be dedicated, and their use.
(d) 
At the discretion of the Planning Board, the subdivider may be allowed to reduce the minimum lot frontage, minimum lot width, minimum lot depth, and minimum lot area in accordance with the provisions of this section.
(e) 
A portion of the land to be donated for public purposes shall be at least a usable, single, five acre tract.
(f) 
All lands within the subdivision other than streets and building lots shall be under the ownership of a legally created nonprofit homeowners association which shall run with the land and be included in the deed according to State statutes, or shall be deeded to the municipality for public purposes. The Planning Board at its discretion may choose which method is to be used and which lands are to be so dedicated.
(g) 
Lands to be deeded for public purposes shall be located, shaped, improved and developed as required by the Planning Board which shall consider the suitability, physical condition, and location of the lands in regard to its proposed uses and to the needs of the municipality in reaching its determination.
(h) 
Should the subdivision consist of a number of development stages, the Planning Board may require that acreage and improvements proportionate in size to the stage being considered for final approval be donated to the municipality simultaneously with the granting of final subdivision approval for the particular stage even though these lands may be located in a different section of the overall development.
(i) 
The Planning Board shall state the specific use or range of uses for which the donated public lands will be used, and this shall be included in the resolution approving the subdivision.
2. 
Principal buildings.
(a) 
Minimum lot size - 30,000 square feet.
(b) 
Minimum lot width - 125 feet (interior lot) - 150 feet (corner lot).
(c) 
Minimum lot depth - 150 feet.
(d) 
Minimum front yard set-back (measured from the future street R.O.W.) - 50 feet.
(e) 
Minimum side yard setback - 20 feet.
(f) 
Minimum both side yard setbacks - 40 feet.
(g) 
Minimum rear yard setback - 40 feet.
(h) 
Minimum gross floor area -
(1) 
Two story dwellings:
First floor minimum - 1,200 square feet
Overall minimum - 2,400 square feet
(2) 
One and one-half story dwellings:
First floor minimum - 1,300 square feet
Overall minimum - 2,300 square feet
(3) 
Single story dwellings - 2,000 square feet.
(i) 
Maximum lot coverage.
Building - 20% of lot area
Impervious - 45% of lot area
(j) 
Maximum density - 1.0 units per acre of total lot area.
(k) 
Maximum building height - two stories above grade or 35 feet, whichever is less.
3. 
Accessory Structures and Uses. All accessory structures and uses in a cluster arrangement shall conform to the development standards of accessory structures and uses in the non-cluster arrangement.
[1]
Editor's Note: See also Schedule A: Bulk Requirements - Residential Zones attached to this chapter.
[Ord. No. 2009-17]
The purpose of the AH-1-Overlay Affordable Housing-1 Overlay Zone is to provide for a multi-family residential 100% affordable rental housing use.
[Ord. No. 2009-17]
The AH-1-Overlay Affordable Housing Overlay Zone specified herewith shall be occupied only as indicated below and subject to Affordable Housing Regulation requirements of Chapter 27.
a. 
Principal buildings for multi-family residential uses in accordance with subsection 24-34.2a.
1. 
Minimum lot size - 1.5 acres.
2. 
Minimum lot width - 300 feet.
3. 
Minimum lot depth - 150 feet.
4. 
Minimum front yard setback - 25 feet.
5. 
Minimum side yard setback - 30 feet.
6. 
Minimum rear yard setback - 40 feet.
7. 
Maximum number of units per structure - 8.
8. 
Maximum lot coverage.
(a) 
Building - 20% of lot area.
(b) 
Impervious - 45% of lot area.
9. 
Maximum building height - two stories above grade or 35 feet, whichever is less, as measured from the crown of the road in the front of the property to the peak of the building.
b. 
Accessory Structures. Accessory structures, other than buildings intended for use or occupancy and located on or above ground must maintain the required front, rear and side yard setbacks from property lines. A maximum of one accessory building may be permitted for trash and recyclable materials.
c. 
Principal and accessory buildings for uses permitted in the GC General Commercial Zone shall be in accordance with the development standards of subsections 25-36.3 and 25-36.4.
[Ord. No. 2009-17]
a. 
Off-street parking is required subject to the requirements of Section 25-44 except for off-street parking minimum spaces.
b. 
Off-street parking minimum spaces is subject to the requirements of the New Jersey Residential Site Improvement Standards (R.S.I.S.) (N.J.A.C. 5:21).
c. 
Landscaping is required subject to requirements of Section 25-46.
d. 
There shall be a trash and receptacle storage area completely surrounded by a six-foot high solid architectural fence with solid front gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height.
[Ord. No. 97-01 § 28]
The purpose of the VC - Village Commercial Zone is to provide a mixed use "Village" type of atmosphere along Main Street and to help preserve the historic nature of the Borough in that area. It is the intent of the zone to provide incentives, in the form of increased Floor Area Ratio and reduce parking requirements for those properties which develop in a manner consistent with the historic character of Main Street.
[Ord. No. 97-01 § 28.1]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Specialty commercial uses including: antique stores; clothing stores; art studios and galleries; cosmetic stores; stationery stores; hobby shops; book stores; bakeries; specialty food stores; artisan occupations and shops; bicycle stores; and similar retail commercial establishments.
2. 
Personal service establishments and offices including: beauty parlors and barber shops; dance studios; travel agencies; real estate offices; banks; tailors; and similar personal service establishments.
3. 
Restaurants (excluding drive-thru and fast food restaurants).
4. 
Medical and professional offices.
5. 
Single-family, two-family, and three-family residential dwellings in accordance with the bulk requirements of the R-7.5 Zone.
b. 
Accessory structures, not to exceed 15 feet in height, and uses including:
1. 
Private garage.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts for residential uses only.
4. 
Signs, subject to the conditions of this chapter.
5. 
Fences and hedges subject to the conditions of this chapter.
6. 
Decks.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal.
c. 
Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services including volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
Churches, synagogues, parish houses, and similar religious uses.
4. 
Quasi-public uses.
5. 
Public and parochial schools.
6. 
Home professional offices and home occupations.
7. 
Family day care homes.
8. 
Shopping centers.
9. 
Hardware stores.
[Ord. No. 97-01 § 28.2]
The VC — Village Commercial Zone specified herewith shall be occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a. 
Principal buildings. (Except dwellings):
1. 
Minimum lot size - 7,500 square feet.
2. 
Minimum lot width - 60 feet.
3. 
Minimum lot depth - 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.) - 15 feet.
5. 
Minimum side yard setback - zero feet.
6. 
Minimum both side yard setbacks - 30% of lot width.
7. 
Minimum rear yard setback - 25 feet.
8. 
Minimum gross floor area - 1,000 square feet.
9. 
Maximum lot coverage.
Building - 25% of lot area (See 12).
Impervious - 75% of lot area (See 12).
10. 
Maximum floor area ratio - 40% (See 12).
11. 
Maximum building height - two stories above grade or 35 feet, whichever is less.
12. 
Incentives for maintenance of historical character of the Village Commercial Zone. It is the intent of the VC Zone to promote the maintenance of the historical character of the area thru the provision of architectural features which are esthetically pleasing and consistent with the historical character of the area. Applicants who demonstrate that a proposed development is consistent with this goal, thru the provision of colonial or federal architecture, or other similar styles of architecture which are acceptable to the Planning Board, shall be entitled to an increase in Building Lot Coverage to 35%, an increase in Impervious Lot Coverage to 80%, and an increase in Floor Area Ratio to 60%. In addition, the calculated parking requirement shall be reduced by 20%.
b. 
Accessory Buildings, Structures and Uses.
1. 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
2. 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks and open porches, less than three feet in height, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[1]
Editor's Note: See also Schedule B: Bulk Requirements - Non-Residential Zones attached to this chapter.
[Ord. No. 97-01 § 29]
The purpose of the GC - General Commercial Zone is to provide for general commercial, office and service uses to serve the general population of the Borough and areas immediately surrounding the Borough.
[Ord. No. 97-01 § 29.1]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Retail sales of goods such as:
Groceries and foodstuffs;
Packaged liquors;
Drugs and pharmaceuticals;
Confectionery, including soft drinks and similar nonalcoholic beverages served on the premises;
Feed grain, farm machinery and supplies, hardware and building supplies;
Stationery, books, periodicals, and newspapers;
Antiques;
Combinations of the above and similar uses.
2. 
Personal service establishments and offices including:
Beauty parlors and barber shops;
Dance studios;
Travel agencies;
Real estate offices;
Banks;
Tailors;
Dry cleaning provided no bulk processing is done on premises;
Self service laundry operations;
Shoe repairing;
Household appliance repair and sales;
Gunsmithing;
Watchmaking and repair;
Funeral parlors;
Similar personal service establishments.
3. 
Restaurants (excluding drive-thru and fast food restaurants).
4. 
Medical and professional offices.
5. 
Single-family, two-family, and three-family residential dwellings in accordance with the bulk requirements of the R-7.5 Zone.
6. 
Child Care Centers.
b. 
Accessory structures, not to exceed 15 feet in height, and uses including:
1. 
Private garage.
2. 
Buildings for tools and equipment used for maintenance of the grounds, and greenhouses for hobby use.
3. 
Private swimming pools and tennis courts for residential uses only.
4. 
Signs, subject to the conditions of this chapter.
5. 
Fences and hedges subject to the conditions of this chapter.
6. 
Decks and open porches.
7. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services including volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
Churches, synagogues, parish houses, and similar religious uses.
4. 
Quasi-public uses.
5. 
Public and parochial schools.
6. 
Home professional offices and home occupations.
7. 
Family day care homes.
8. 
Shopping centers.
[Ord. No. 97-01 § 29.2]
The GC - General Commercial Zone specified herewith shall be occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a. 
Principal Buildings (Except Dwellings).
1. 
Minimum lot size - 7,500 square feet.
2. 
Minimum lot width - 60 feet.
3. 
Minimum lot depth - 100 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.) - 15 feet.
5. 
Minimum side yard setback - zero feet.
6. 
Minimum both side yard setbacks - 30% of lot width.
7. 
Minimum rear yard setback - 25 feet.
8. 
Minimum gross floor area - 1,000 square feet.
9. 
Maximum lot coverage.
Building - 25% of lot area
Impervious - 75% of lot area
10. 
Maximum Floor Area Ratio - 40%.
11. 
Maximum building height - two stories above grade or 35 feet, whichever is less.
b. 
Accessory Buildings, Structures and Uses.
1. 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
2. 
Accessory structures, other than buildings, intended for use or occupancy and located on or above ground, including swimming pools, tennis courts, patios, and decks and open porches less than three feet in height, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[1]
Editor's Note: See also Schedule B: Bulk Requirements - Non-Residential Zones attached to this chapter.
The purpose of the MF – Multi-Family Residential Zone is to provide for existing multifamily residential buildings and to permit new multifamily residential uses subject to affordable housing requirements of Chapter 27.
The MF – Multi-Family residential uses specified herewith shall be occupied only as indicated below and subject to affordable housing regulation requirements of Chapter 27.
a. 
Principal buildings for multifamily residential uses in accordance with § 25-37.2a.
1. 
Minimum lot size: 10 acres.
2. 
Minimum lot width: 700 feet.
3. 
Minimum lot depth: 500 feet.
4. 
Minimum front yard setback: 70 feet.
5. 
Minimum side yard setback: 60 feet.
6. 
Minimum rear yard setback: 40 feet.
7. 
Maximum number of units per structure: 16.
8. 
Maximum number of buildings: 12.
9. 
Maximum total number of units: 192.
10. 
Maximum building height: two stories above grade or 35 feet, whichever is less as measured from the crown of the road in the front of the property to the peak of the building.
b. 
Accessory structures.
1. 
Other than buildings intended for use or occupancy and located on or above ground must maintain the required front, rear and side yard setbacks from property lines.
2. 
Accessory structures may be permitted for trash and recyclable materials.
3. 
Essential utilities.
4. 
Maintenance or storage sheds.
a. 
Each principal building shall:
1. 
Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual television antennas from being erected on the roof.
2. 
Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and one dryer for each 10 dwelling units for the exclusive use of the occupants of the building, unless provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
b. 
There shall be no direct access of driveways from any dwelling unit onto a public street.
c. 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water system, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, except that all curb-to-curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
d. 
Off-street parking is required subject to the requirements of § 25-44 except for off-street parking minimum spaces.
e. 
Off-street parking minimum spaces is subject to the requirements of the New Jersey Residential Site Improvement Standards (RSIS) (N.J.A.C. 5:21).
f. 
Landscaping is required subject to requirements of § 25-46.
g. 
Buffer areas adjacent to residential zones or structures shall contain a strip not less than 20 feet in width containing massed evergreen and deciduous trees and shrubs planted in such a manner that will provide a continuous screen throughout the entire year.
h. 
There shall be a trash and recyclable storage area completely surrounded by a six-foot-high solid architectural fence with solid front gates. All outside trash and recyclables shall be stored in these areas and shall not be in public view over the fence height. Trash and recyclable storage areas shall be sized appropriately for each building.
i. 
A minimum interior storage area of 700 cubic feet per unit shall be required. This space may be provided in an area other than within the unit itself, but should be in a convenient location for the residents of the unit. Required storage space shall have a minimum vertical clearance of five feet and shall not include garage or closets.
j. 
Minimum distance between buildings: 50 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.
k. 
There shall be a trash and recyclable storage area completely surrounded by a six-foot-high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatus such as propane tanks shall be similarly enclosed.
l. 
There shall be a minimum buffer of 25 feet in width between any side or rear lot lined that abuts an area zoned or used for single-family residential use.
m. 
No registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of the vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more shall be stored or parked on any lot or portion of the lot.
[Ord. No. 97-01 § 30]
The purpose of the LI - Light Industrial Zone is to provide for Light Industrial uses in those areas of the Borough where an industrial character has already been established. It is intended that the industrial uses to be permitted in the Light Industrial Zone not interfere with the use and enjoyment of properties in adjacent residential zones, and that such uses not emit noises or odors, not have large areas of outdoor storage of materials or supplies, and not have any other characteristics which are unpleasant and which will interfere with such use and enjoyment of nearby residential properties.
[Ord. No. 97-01 § 30.1; Ord. No. 07-01 § 1]
A building may be erected, altered, or used and a lot or premises may be occupied and used for any of the following purposes:
a. 
Principal Permitted Uses and Structures.
1. 
Light industrial uses such as:
Fabrication or assembly of finished products;
Blacksmith, metal working and machine shops;
Contractors yards;
Building, electrical and plumbing supply yards, provided all materials storage is indoors;
Warehouses;
Equipment and appliance repair facilities, excluding automobile repairs.
2. 
Research laboratories.
3. 
Self storage warehouses.
4. 
Business offices.
b. 
Accessory structures and uses not to exceed 15 feet in height, and uses including:
1. 
Buildings for tools and equipment used for maintenance of the grounds.
2. 
Signs, subject to the conditions of this chapter.
3. 
Fences and hedges subject to the conditions of this chapter.
4. 
Retail sales of items assembled, fabricated, or warehoused on the site provided the floor area dedicated to retail use does not exceed 10% of the floor area of the principal building, and provided adequate parking is located on the site in accordance with the parking requirements for the specific retail use in this chapter.
5. 
Other customary accessory uses and structures which are clearly incidental to the principal structure and uses.
c. 
Conditional Uses. The following uses are permitted subject to approval of the Planning Board and the special conditions of this chapter.
1. 
Government buildings and services, including volunteer fire companies and first aid squads.
2. 
Public utility installations.
3. 
Churches, synagogues, parish houses, and similar religious uses.
4. 
Public and parochial schools.
5. 
Adult bookstores, adult video stores, adult motion-picture theaters, adult arcades, artist's body painting studios, cabarets, massage shops, and tattoo shops.
[Ord. No. 97-01 § 30.2]
The LI - Light Industrial Zone specified herewith shall be occupied only as indicated below and in the Schedule[1] which is attached to this chapter:
a. 
Principal Buildings.
1. 
Minimum lot size - 20,000 square feet.
2. 
Minimum lot width - 100 feet.
3. 
Minimum lot depth - 150 feet.
4. 
Minimum front yard setback (measured from the future street R.O.W.) - 30 feet.
5. 
Minimum side yard setback - 1 side - 20% of lot width (See 12).
6. 
Minimum both side yard setbacks - 40% of lot width (See 12).
7. 
Minimum rear yard setback - 40 feet (See 12).
8. 
Minimum gross floor area - 1,000 square feet.
9. 
Maximum lot coverage.
Building - 40% of lot area.
Impervious - 80% of lot area.
10. 
Maximum Floor Area Ratio - 40%.
11. 
Maximum building height - two stories above grade or 35 feet, whichever is less.
12. 
Exceptions to Side and Rear Yard Requirements. The side and rear yard requirements shall not apply in an Industrial Zone on any side of a property which abuts a railroad right-of-way. In such instances, the minimum yard requirement for that yard shall be zero feet. Where a one side yard of any such property abuts a railroad right-of-way, the total side yard requirement for both side yards shall be reduced from 40% to 20%.
b. 
Accessory Buildings, Structures and Uses.
1. 
More than one accessory building may be permitted on a lot. One accessory building may be permitted for which the side and rear yard setback requirements shall be no less than five feet, provided that it does not exceed 10 feet in height or 150 square feet in area, and is not attached to or within 10 feet of the principal building. All additional accessory buildings shall conform to the minimum setback requirements of the principal building.
2. 
Accessory structures located on or above ground, other than buildings, must maintain the required front yard setback of the principal building and a minimum 10 feet setback from side and rear property lines. All other accessory structures must maintain the required front, side and rear yard setbacks of the principal building. Fences are specifically not covered by this restriction and are governed elsewhere in this chapter.
[1]
Editor's Note: See also schedule B: Bulk Requirements - Non-Residential Zones attached to this chapter.
[Ord. No. 97-01 § 30.3]
a. 
Off-street parking is required subject to the requirements of this chapter.
b. 
Landscaping is required subject to requirements of this chapter.
c. 
All materials and supplies shall be stored within an enclosed building or structure.
d. 
All assembly, repair, and fabrication activities shall take place within an enclosed building.
e. 
All side and rear yards shall be adequately screened by fencing and/or landscaping.
f. 
Loading areas and vehicle and equipment storage yards shall be fully screened from public streets by a six-foot high solid architectural fence and landscaping.
g. 
A minimum fifteen-foot buffer is required for all properties where a side or rear yard abuts a property in a residential zone.
[Ord. 97-01 § 31]
A conditional use is a permitted use only as specified by this chapter and may be granted in accordance with the standards and specifications of this section. No permit shall be issued for a conditional use unless an application is submitted to and approved by the Planning Board. It shall be submitted and distributed in the same manner as prescribed for all applications in Land Development Procedures portion of this Land Development chapter.
[Ord. No. 97-01 § 32]
The following standards apply to conditional uses as permitted in specific zones. Where conditional use standards of this section conflict with standards of any other section of this chapter, the conditional use standards shall govern. Where no specific conditional use standard is stated for a specific conditional use, the intent of this chapter is that the appropriate standard for the zone within which the use is located shall apply. (For example, if no side yard setback requirement is listed under this section for a specific conditional use, then the side yard setback standard for the zone within which the site is located shall apply.)
[Ord. No. 97-01 § 32.1]
Government buildings shall provide the Planning Board with the following:
a. 
A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.
b. 
Proof that the proposed installation in a specific location is necessary and convenient for the efficiency of the proposed use or the satisfactory and convenient provision of service to the neighborhood or area in which the particular use is to be located; that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devises will be provided and that sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.
[Ord. No. 97-01 § 32.2]
Public utility uses and installations shall provide the Planning Board with the following:
a. 
A set of plans, specifications and plot plan and a statement setting forth the need and purpose of the installation.
b. 
Proof that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
c. 
Proof that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping including shrubs, trees, and lawn are provided and will be periodically maintained.
[Ord. No. 97-01 § 32.3]
a. 
All such uses shall comply with the following bulk standards:
Minimum Lot Area
2 acres
Minimum Lot Width
200 feet
Minimum Lot Depth
200 feet
Minimum Front Yard Setback
50 feet
Minimum Side Yard Setback
40 feet
Minimum Rear Yard Setback
60 feet
Maximum Lot Coverage
25% of lot area
b. 
Where parking areas are adjacent to a residential zone, a fifteen-foot wide buffer strip shall be provided.
[Ord. No. 97-01 § 32.4]
Quasi-public uses not specifically listed in this chapter shall adhere to the following:
a. 
Minimum lot area shall be 40,000 square feet.
b. 
Where parking areas are adjacent to a residential zone or use, a fifteen-foot wide buffer shall be provided.
[Ord. No. 97-01 § 32.5; amended 12-4-2018 by Ord. No. 05-2018; 7-9-2019 by Ord. No. 04-2019]
a. 
Refer to § 2-58.7.2 for required fee information.
b. 
Minimum lot area: 10,000 square feet or the minimum lot area for a single-family residence as permitted in the subject zone, whichever is less.
c. 
Minimum lot width: 100 feet or the minimum lot width for a single-family residence as permitted in the subject zone, whichever is less.
d. 
A maximum of 25% of the floor area of the principal residence may be dedicated to the home office or home occupation.
e. 
No more than one nonresident employee is permitted on the premises at any one time.
f. 
Off-street parking is to be provided in a manner consistent with a residential use, except that no parking shall be permitted in a front yard. Parking area striping shall not be permitted. Parking areas may be curbed with curbs a maximum height of three inches above the paved surface. Formally designed parking areas shall not be required; however, all parking areas and drive areas shall be designed to permit automobiles to turn around on a site in order to prevent backing out onto a public street.
g. 
Minimum buffers of 10 feet are required along any rear or side yard.
h. 
One freestanding identification sign shall be permitted, provided that the sign be no closer than 10 feet to any property line; not be illuminated; be hung from a cantilevered post; be made of wood; and consist of muted colors. Fluorescent or bright colors shall be prohibited. Maximum sign area shall be 10 square feet, and maximum sign height shall be four feet.
i. 
Within any residential district, no building with an existing nonconforming home professional office or home occupation shall be constructed or altered so as to be inharmonious with the residential character.
j. 
The types of construction not to be residential in character include, but are not limited to, storefront types of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinderblock wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.
k. 
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, electrical or electronic interference, including interference with telephone, radio or television reception, that is reasonably detectable by neighboring residents.
l. 
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
m. 
The capacity and quality of effluent is typical of normal residential use and create no potential or actual detriment to the sanitary sewer system or its components.
n. 
The conditional use approval shall terminate with any change in ownership of the property.
[Ord. No. 97-01 § 32.6]
a. 
No more than one non-resident employee is permitted on the premises at any one time.
b. 
Off street parking is to be provided in a manner consistent with a residential use.
c. 
A fence or vegetative screen shall be provided along any rear and side yard.
[Ord. No. 97-01 § 32.7]
a. 
Minimum Lot Area - 30,000 square feet.
b. 
Minimum Setback from all property lines - 50 feet.
c. 
Maximum Density - 14 units per acre.
d. 
Maximum Lot Coverage
Building - 25% of lot area.
Impervious - 75% of lot area.
e. 
Maximum number of units per structure - 16.
f. 
Maximum length of structure - 175 feet.
g. 
A minimum interior storage area of 700 cubic feet per unit shall be required. This space may be provided in an area other than within the unit itself, but should be in a convenient location for the residents of the unit. Required storage space shall have a minimum vertical clearance of five feet and shall not include garage or closets.
h. 
Minimum distance between buildings - 50 feet between any two rear or front facades or any rear or front facade with a side facade; 35 feet between any two side facades. No portion of a front facade shall face any portion of a rear facade.
i. 
There shall be a trash and recyclable storage area completely surrounded by a six foot high solid architectural fence with front solid gates. All outside trash and recyclables shall be stored in this area and shall not be in public view over the fence height. All accessory apparatus such as propane tanks shall be similarly enclosed.
j. 
There shall be a minimum buffer of 25 feet in width between any side or rear lot lined that abuts an area zoned or used for single-family residential use.
k. 
No registered commercial vehicle longer than 22 feet in length or 10 feet in height measured from the highest point of the vehicle excluding exhaust stacks and antennae or having a registered weight of 18,000 pounds or more, shall be stored or parked on any lot or portion of the lot.
l. 
Each principal building shall:
1. 
Not allow or contain outside television antenna. All television antenna equipment shall be built into the building to eliminate individual television antennas from being erected on the roof.
2. 
Not fail to provide, in an enclosed area, laundry facilities of not less than one washer and one dryer for each 10 dwelling units for the exclusive use of the occupants of the building, unless provided within each unit. No outside clothes lines or clothes hanging facilities or devices shall be provided or allowed.
m. 
All internal and external improvements found necessary in the public interest, including but not limited to streets, driveways, parking areas, sidewalks, curbs, gutters, lighting, shade trees, water mains, water system, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, and the like, shall be installed in accordance with the standards set forth for major subdivisions of land, except that tall curb to curb pavement widths shall not be less than 30 feet. No building permit shall be issued unless and until adequate performance guarantees of proper installation of such improvements shall have been posted in accordance with municipal ordinances.
n. 
There shall be no direct access of driveways from any dwelling unit onto a public street.
[Ord. No. 97-01 § 32.8]
a. 
Minimum Lot Area - three acres.
b. 
A minimum of 50% of floor area shall be dedicated to retail sales or service establishments. For the purpose of this requirement, retail service establishments shall not include professional or general office uses, but shall include such uses as restaurants, beauty salons, dry cleaning services, and banks.
c. 
The site may consist of several adjacent parcels under separate ownership, provided the parcels have a common lot line and are developed as a single site with a single approved site plan.
d. 
All other bulk requirements of the zone in which the shopping center is located shall be applicable, including the incentives for the maintenance of historical character as provided in the VC Zone.
[Ord. No. 07-01 § 2]
Adult bookstores, adult video stores, adult motion-picture theaters, adult arcades, artist's body painting studios, cabarets, massage shops, and tattoo shops may be permitted in the specified zones only upon receipt of a conditional use permit and providing that the following standards are met together with any other requirement deemed necessary by the Planning Board and any other applicable requirements of this chapter:
a. 
No establishment or business with a use encompassing those referenced in this section shall be located closer than 1,000 feet to any school, hospital, child care center, church, library, public building, or public playground.
b. 
No establishment or business with a use encompassing those referenced in this section shall be located closer than 1,000 feet to any adult bookstore, adult video store, adult motion-picture theater, adult arcade, artist's body painting studio, cabaret, massage shop, or tattoo shop.
c. 
No establishment of business with a use encompassing those referenced in this section shall be located closer than 1,000 feet to an area zoned for residential use.
d. 
When any existing building is converted from any use to one of those listed above, under the general term "adult businesses" then, in that event, a full and complete site plan shall be submitted and reviewed in accordance with the provisions of this chapter.
[Ord. No. 04-09 § 1]
a. 
The purpose of this section is to comply with the "Substantive Rules" of the New Jersey Council on Affordable Housing (COAH) regarding the Borough of Farmingdale and its efforts to satisfy its "Mt. Laurel II" housing obligations.
b. 
This section of the Code of the Borough of Farmingdale sets forth regulations regarding "low" and "moderate" income housing units in the Borough of Farmingdale that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on June 6, 1994 and as amended thereafter. These rules are pursuant to the Fair Housing Act of 1985 and the Borough of Farmingdale's constitutional obligation to provide for its "fair share" of "low" and "moderate" income housing.
[Ord. No. 04-09 § 1]
Any term pertaining to affordable housing referenced in these ordinance provisions is intended to have the meaning as defined in the New Jersey Fair Housing Act (N.J.S.A. 52:270-301, et seq.) or the "Procedural Rules of the New Jersey Council on Affordable Housing" (N.J.A.C. 5:91) or the "Substantive Rules Of The New Jersey Council On Affordable Housing" (N.J.A.C. 5:92 or N.J.A.C. 5:93), as appropriate.
[Ord. No. 04-09 § 1]
a. 
Any affordable housing units constructed within an "inclusionary development" in the Borough of Farmingdale shall be divided equally between "low" and "moderate" income households as per N.J.A.C. 5:93-2.20.
b. 
Except for "inclusionary" developments constructed pursuant to low income tax credit regulations.
1. 
At least 1/2 of all units within each "inclusionary" development shall be affordable to "low" income households; and
2. 
At least 1/2 of all rental units shall be affordable to "low" income households; and
3. 
At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 shall be affordable to "low" income households.
c. 
"Inclusionary" developments that are not restricted to age-restricted housing units shall be structured in conjunction with realistic market demands so that:
1. 
The combination of efficiency and one bedroom units is at least 10% and no greater than 20% of the total "low" and "moderate" income units; and
2. 
At least 30% of all "low" and "moderate" income units are two bedroom units; and
3. 
At least 20% of all "low" and "moderate" income units are three bedroom units; and
4. 
"Low" and "moderate" income units that are age-restricted may utilize a modified bedroom distribution. At a minimum, the number of bedrooms shall equal the number of age-restricted "low" and "moderate" income units within the "inclusionary" development.
d. 
In conjunction with realistic market information, the following criteria shall be used in determining maximum rents and sale prices:
1. 
Efficiency units shall be affordable to 1.0 person households; and
2. 
One bedroom units shall be affordable to 1.5 person households; and
3. 
Two bedroom units shall be affordable to 3.0 person households; and
4. 
Three bedroom units shall be affordable to 4.5 person households; and
5. 
Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by the Federal Department of Housing and Urban Development (HUD) as per N.J.A.C. 5:93-7.4(b); and
6. 
The maximum sales price of "low" and "moderate" income units within each "inclusionary" development shall be affordable to households earning no more than 70% of median income. In averaging an affordability range of 55% for the sales units, "moderate" income sales units shall be made available for at least two different prices and "low" income sales units also shall be made available for at least two different prices; and
7. 
For both owner-occupied and rental units, the "low" and "moderate" income units shall utilize the same heating source as the market units within an "inclusionary" development; and
8. 
"Low" income units shall be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; "moderate" income units shall be reserved for households with a gross household income less than 80% of the median income approved by COAH as per N.J.A.C. 5:93-7.4; and
9. 
The regulations outlined in N.J.A.C. 5:93-9.15 and 9.16 shall be applicable to all affordable units.
e. 
For rental units, the following conditions shall apply:
1. 
Developers may establish one rent for a "low" income unit and one rent for a "moderate" income unit for each bedroom distribution; and
2. 
Gross rents, including an allowance for tenant-paid utilities, shall be established so as not to exceed 30% of the gross monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(h). The tenant-paid utility allowance shall be consistent with the utility allowance approved by HUD for use in New Jersey; and
3. 
The maximum rents of "low" and "moderate" income units within each "inclusionary" development shall be affordable to households earning not more than 60% of median income. In averaging an affordability range of 52% for rental units, developers and/or municipal sponsors of rental units may establish one rent for a "low" income unit and one rent for a "moderate" income unit for each bedroom distribution.
f. 
For sale units, the following conditions shall apply:
1. 
The initial price of a "low" and "moderate" income owner-occupied for-sales housing unit shall be established so that after a down payment of 5%, the monthly principal, interest, homeowner and private mortgage insurance, property taxes (based on the restricted value of the "low" and "moderate" income unit) and condominium or homeowner association fees do not exceed 28% of the eligible gross monthly income; and
2. 
Master deeds of "inclusionary" developments shall regulate condominium or homeowner association fees or special assessments of "low" and "moderate" income purchasers at 75% of those paid by market purchasers. This 75% percentage is consistent with the requirement of N.J.A.C. 5:93-7.4. Once established within the master deed, the 75% percentage shall not be amended without prior approval from COAH; and
3. 
The Borough of Farmingdale shall follow the general provisions concerning uniform deed restriction liens and enforcement through Certificates of Occupancy or Reoccupancy on sale units as per N.J.A.C. 5:93-9.3; and
4. 
The Borough of Farmingdale shall require a Certificate of Reoccupancy for any occupancy of a "low" or "moderate" income sales unit resulting from a resale as per N.J.A.C. 5:93-9.3(c); and
5. 
Municipal, State, nonprofit and seller options regarding sale units shall be consistent with N.J.A.C. 5:93-9.5 through 9.8. Municipal rejection of repayment options for sale units shall be consistent with N.J.A.C. 5:93-9.9; and
6. 
The continued application of options to create, rehabilitate or maintain "low" and "moderate" income sale units shall be consistent with N.J.A.C. 5:93-9.10; and
7. 
Eligible capital improvements prior to the expiration of controls on sale units shall be consistent with N.J.A.C. 5:93-9.11; and
8. 
The regulations detailed in N.J.A.C. 5:93-9.12 through 9.14 shall be applicable to "low" and "moderate" income units that are for sale units.
g. 
For "inclusionary" developments, the following conditions shall apply:
1. 
"Low" and "moderate" income units within an "inclusionary" development shall be built in accordance with N.J.A.C. 5:93-5.6(d) as follows:
Minimum % of "Low"/"Moderate" Income Units Completed
% of Market Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100%
90
100%
2. 
The design of an "inclusionary" development shall integrate the "low" and "moderate" income units with any market units in accordance with N.J.A.C. 5:93-5.6(f).
h. 
"Development Fees for Affordable Housing" ordinance provisions have been prepared and adopted in accordance with N.J.A.C. 5:93-8.10 through 8-16 and appear as Section 25-7 of these Land Development Regulations" ordinance provisions.
i. 
To provide assurances that "low" and "moderate" income units are created with controls on affordability over time and that "low" and "moderate" income households occupy these units, the Borough of Farmingdale shall designate an Administrative Agency, to be named by resolution, which shall have the responsibility of ensuring the affordability of sales and rental units. The Administrative Agency shall be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a).
1. 
In addition, the Administrative Agency shall be responsible for utilizing the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in "low" and "moderate" income units; and
2. 
Newly constructed "low" and "moderate" income sales units shall remain affordable to "low" and "moderate" income households for at least 30 years and the Administrative Agency shall require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as "Technical Appendix E" as found in N.J.A.C. 5:93; and
3. 
Housing units created through the conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to thirty year controls on affordability. The Administrative Agency shall require COAH's appropriate deed restriction and mortgage lien.
j. 
The following durations of affordability controls shall apply to rehabilitated units:
1. 
Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years; and
2. 
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
k. 
The following durations of affordability controls shall apply to rental units:
1. 
Newly constructed "low" and "moderate" income rental units shall remain affordable to "low" and "moderate" income households for at least 30 years. The Administrative Agency shall require the deed restriction and lien and deed of easement referred to as "Technical Appendix H" as found in N.J.A.C. 5:93; and
2. 
Affordability controls on accessory apartments shall be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on affordability shall extend for 30 years in accordance with N.J.A.C. 5:93-5.9; and
3. 
Alternate living arrangements shall be controlled in a manner suitable to COAH, that provides assurances that such a facility will house "low" and "moderate" income households for at least 10 years, except that if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.15, then the controls on affordability shall extend for 30 years in accordance with N.J.A.C. 5:93-5.8.
l. 
Section 14(b) of the Fair Housing Act N.J.S.A. 52:27D-301 et seq. incorporates the need to eliminate unnecessary cost generating features from the Borough of Farmingdale's land use ordinances. Accordingly, the Borough of Farmingdale shall eliminate development standards that are not essential to protect the public welfare and to expedite or fast track municipal approvals/denials on "inclusionary" development applications. The Borough of Farmingdale shall adhere to the components of N.J.A.C. 5:93-10.1 through 10.3.
[Ord. No. 97-01 § 33]
The following modifications and exceptions to the limitations imposed by the chapter are permitted under the terms and specifications herein set forth.
[Ord. No. 97-01 § 33.1]
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, and similar architectural amenities. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. Mechanical appurtenances such as air conditioning or heating units and elevators shall not exceed the height limit by more than six feet and shall be screened in a manner which is architecturally compatible with the building. The provisions of the chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornamental purposes to screen mechanical appurtenances. Building mounted antennas, other than satellite or dish antennas with diameters exceeding three feet, shall not exceed the height limits by more than 10 feet. Ground based antennas other than satellite or dish antennas exceeding three feet in diameter, shall conform to the height requirements of an accessory structure.
[Ord. No. 97-01 § 33.2]
a. 
Improvements or additions may be made to existing single-family dwellings on a lot of substandard size in districts where permitted without Planning Board approval provided the improvement or addition does not encroach on any front, rear or side yard setback requirements and meets all other provisions of this chapter. A building permit must be obtained.
b. 
Where the owner of a lot of substandard size owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot and the area and yard space provisions of this chapter shall hold.
[Ord. No. 97-01 § 34]
It shall be unlawful for any person to erect, replace or alter any advertising sign or structure as defined in this chapter without first obtaining a sign permit.
[Ord. No. 93-01 § 34.1]
a. 
Sign Area Measurement. The area of a sign shall be computed as the total square foot content of the background upon which the lettering illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of lettering illustration or total display. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. For signs with two sides the maximum area requirement shall be permitted on each side. Signs with more than two sides are prohibited.
b. 
Sign Height Measurement. The largest vertical height of the background upon which the lettering illustration or display is presented. If there is no background, the height shall be the largest vertical height of the lettering, illustration or total display. If the letters, illustration or display are attached directly to the face of the building, the height of the sign shall be the height of the largest letter illustration or total display, whichever is greater. No sign of any type shall be permitted to obstruct driving vision, traffic signals and signs, or similar safety devices or other places of business.
c. 
Illumination. All illuminated signs shall be either indirectly lighted or of the diffused lighting type. No sign shall be lighted by means of flashing or intermittent illumination. All lights used for the illumination of any use or building or the areas surrounding them or for the illumination or display of merchandise or product of business establishments, shall be completely shielded from the view of vehicular traffic using the road and roads abutting such business properties. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project above the highest elevation of the front wall of the building or more than 18 feet above the street level of the premises, whichever is less. Where permitted, illuminated signs shall be so arranged as to reflect the light and glare away from adjoining premises in any residential district or adjoining highway.
d. 
Projecting. No sign as permitted shall extend or project at any point above or outside the limits of the roof, the highest elevation of the wall to which it is attached, or above the height of the principal building as defined in this chapter. No signs shall be permitted on accessory buildings.
e. 
Line of Sight. Signs and sign structures of all types shall be set back or elevated sufficiently to allow a clear, unobstructed line of sight from points of ingress or egress for at least 1,000 feet along all abutting streets and highways.
f. 
Nonresidential Uses. Nonresidential uses shall be permitted a maximum of two directional signs for each street frontage designated "entrance" or "enter" and "exit". Such directional signs shall be no larger than two square feet each; the top of the sign shall be no more than 30 inches from ground level; and the signs may be internally illuminated. No external illumination shall be permitted. Directional signs shall have no setback requirements.
g. 
Construction; Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
h. 
Stationary. All signs shall be stationary with no moving parts.
i. 
Residential. On a lot in a residential district, one sign shall be permitted not to exceed two square feet in area. If illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property, unless a porch light or lamp post light. A church, school or other public or institutional building may have for its own use an announcement sign or bulletin board not over 12 square feet in area which, if not attached to the building, shall be at least 20 feet from all street lines.
j. 
Removal. Removal of business signs shall be within 30 days of the closing of such business at the expense of the owner of the property. Real estate signs shall be removed within seven days after signing the contract of sale, or the signing of a sale transaction, or the execution of a lease. Signs announcing that the premises or portion thereof have been sold, rented or leased may remain for 10 days after above transaction.
[Ord. No. 97-01 § 34.2]
Subdivision developments involving six or more residential lots may contain signs advertising the sale of the dwelling contained therein as approved by the Planning Board as follows:
a. 
One non-illuminated sign no larger than 30 square feet is permitted at each entrance of the development. In addition, customary non-illuminated trade and professional signs no larger than four square feet are permitted on the lots being developed.
b. 
Temporary directional signs no larger than two square feet are permitted at locations approved by the Planning Board along public streets, provided that only the name of the development and a directional indication appear on the signs.
c. 
All signs permitted under this section shall be removed by the owner within seven days after signing the contract of sale or signing of a sale transaction or the execution of a lease of the last house in the development.
[Ord. No. 97-01 § 34.3]
In Commercial and Industrial Zones, no sign shall be permitted which is not accessory to the business conducted on the property. Such sign may only be erected providing that it is shown on an approved site plan and all of the requirements of this chapter are met:
a. 
Each individual lot in any commercial or industrial zone shall be permitted one free standing sign, provided:
1. 
All buildings on the site meet the required minimum front yard setback of the zone within which the site is located. For corner lots, the buildings must meet the required front yard setback for the front yard within which the sign is located. Where a sign is located within the area of the intersection of the front yards of a corner lot, the buildings must meet the minimum required setback of both front yards.
2. 
The height of the sign structure, including the supporting members, shall not exceed the height of the building plus 20%, but at no time shall the height exceed 20 feet.
3. 
The sign must be set back a minimum of five feet from the front street right-of-way line and must be perpendicular to the front lot line. In the event of a sign located within 30 feet of the intersection of front lot lines on a corner lot, as measured perpendicular to the front lot lines, the sign may be situated perpendicular to either front lot line.
4. 
The area of one side of the sign shall not exceed 100 square feet.
5. 
The sign must be placed within a curbed area of no less than 20 square feet. This area shall be landscaped.
b. 
Except as noted in paragraph b5 below, each business shall be permitted one facade sign for each street frontage of the business, provided that:
1. 
The total sign area for the sign or signs permitted on the face of any wall shall not exceed 10% of the area of the face of the wall upon which such sign or signs are attached.
2. 
No sign, unless located on a canopy, shall extend further than 15 inches from the face of the building upon which it is attached, provided that where a sign extends more than three inches from the face of the wall, the bottom of the sign shall not be closer than 10 feet from the ground level below the sign.
3. 
Signs located on canopies, whether such canopies are permanent or temporary, may extend more than 15 inches beyond the face of the building upon which the canopy is attached provided that the canopy is not in violation of the setback provisions of the ordinance. Such canopy sign shall not extend beyond the face of the canopy upon which it is attached.
4. 
The maximum height of any single sign shall not exceed six feet, and the maximum width shall not exceed 90% of the width of the wall to which the sign is attached. In no case, may the area of a sign exceed 150 square feet.
5. 
Where multiple businesses within a building are serviced by one or more common entrances, such as in an enclosed mall or office building, only one facade sign shall be permitted per entrance.
c. 
In addition to the above regulations, all signs permitted in the Residential Zones are also permitted in the Commercial and Industrial Zones.
[Ord. No. 97-01 § 34.4]
a. 
Any person or organization desiring to erect a temporary sign or signs as set forth hereinafter shall apply for a sign permit from the Borough of Farmingdale for which there shall be a fee of $5. No temporary signs of any type shall be erected in any State, County or Borough right-of-way.
b. 
Temporary signs for special events may be erected by Farmingdale Borough Community Organizations in any zone. Proposed signs shall measure no more than four feet by eight feet and shall be permitted for no more than 30 days, except that no such sign shall remain for a period of more than five days following the advertised event, at which time same shall be removed by the applicant at the applicant's expense. No more than two signs may be erected on any one site for any one event.
c. 
Temporary signs may be erected in any Commercial or Industrial Zone as follows:
1. 
Temporary signs announcing "sales" of merchandise sold on the premises, are permitted for business establishments other than an automotive gasoline station or automotive service station, in addition to approved permanent signs. The total area of the sign or signs may not exceed 10% of the front wall area of the establishment and the sign(s) must be removed within seven days after the "sale" is completed. No such sign shall remain in place for a period exceeding 30 days. Only four such "sales" shall be permitted in any calendar year.
2. 
Temporary signs are permitted inside windows of commercial establishments not covering more than 25% of the total window area. Such temporary signs shall remain in place for a period of not greater than 21 days. Service organization posters shall be exempt from this provision. When temporary signs announcing "sales", as permitted in paragraph 1 above, are located within a window, they shall be included in the calculation of the maximum 25% of total window area permitted under this paragraph.
3. 
Free standing signs for such purposes as special sale days. Such signs shall not exceed 16 square feet in total area and shall be erected for no longer than seven days. The signs may only be erected upon the property of the business holding such sale and no more than one sign shall be permitted per event. No more than five permits may be granted per year per applicant. The signs shall be set back five feet from front property lines and 15 feet from any side property line.
4. 
A temporary sign shall be permitted for grand openings in commercial zones together with flags and banners for no more than 30 days. No more than one sign per street frontage shall be allowed which shall not exceed 16 square feet. The signs shall be set back five feet from front property lines and 15 feet from any side property line.
[Ord. No. 97-01 § 34.6]
a. 
No sign of any type, temporary or permanent shall be erected which is of a form, character, or shape, so as to confuse or dangerously detract the attention of the operator of a motor vehicle. A mannequin, costumed individual or animated device located at roadside for the purpose of attracting attention shall be considered such a sign and is expressly prohibited.
b. 
Any signs used in connection with sales placed upon a stationary motor vehicle advertising any such sale are prohibited.
[Ord. No. 97-01 § 34.7]
The following signs shall be permitted only in accordance with the following standards and shall not require a permit.
a. 
Temporary election signs, not to exceed four feet by four feet, may be erected in all zones. No more than one such sign per candidate or issue shall be permitted on any single property. Such signs shall not be installed sooner than one month prior to the election on the same calendar day as the election. For example, if an election is to be held on November 4, election signs may not be erected prior to October 4. Such signs must be removed within five days following the election by the candidate or organization erecting same at his or its expense.
b. 
A temporary non-illuminated sign advertising the sale or rental of a premises or portion thereof shall be, if not attached to the building, set back at least 10 feet from all street lines. The area of such signs in residential districts shall not exceed four square feet and in all other districts shall not exceed 16 square feet. These provisions shall further apply to all signs announcing that the premises or portion thereof have been sold, rented or leased. Such signs must be removed within a period of seven days after conclusion of sale or rental transaction. The total number of signs shall not exceed one such sign per lot in any residential zone, or one such sign per business or vacant parcel in any other zone.
c. 
A temporary non-illuminated job sign shall be permitted on residential property. Such job sign shall provide information related to work which is actively being engaged in on the property. Such signs shall include, but not be limited to, building contractors, roofers, painters, and landscapers. This shall not be construed to include signs for work of a very limited duration or of a repetitive nature, for example, lawn maintenance services or chimney cleaning services which shall not be permitted. Job signs shall not exceed four square feet and must be set back a minimum of 10 feet from any street line. The total number of signs shall not exceed one such sign per lot. Such signs must be removed immediately upon the completion of the work, but in no case may the sign of any one contractor be displayed for more than 30 days in any calendar year.
[Ord. No. 97-01 § 35.1]
Off-street parking, unloading and service requirements of this section shall apply and govern in all zones within the municipality. Except as provided in this section, no application for a building permit shall be approved unless there is included with the plan for such building, improvement or use, a site plan including the required parking and adhering to the zoning requirements and design standards applicable to the subject building, use or improvement. A Certificate of Occupancy shall not be issued unless the required off-street parking, loading, and service facilities have been provided in accordance with those shown on the approved plan.
[Ord. No. 97-01 § 35.2]
No land shall be used or occupied, no structure shall be designed, created, altered, used or occupied, and no use shall be operated unless off-street parking and loading facilities are provided in at least the amount and maintained in the manner required by this section.
[Ord. No. 97-01 § 35.3]
Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of a driveway constructed in accordance with at least the minimum standards required by this chapter.
[Ord. No. 97-01 § 35.4]
No off-street parking space backing into an entrance or exit drive shall be closer than 25 feet from the street right-of-way line.
[Ord. No. 97-01 § 35.5]
a. 
Parking areas shall be divided into lots separated by appropriate landscaping where possible.
b. 
Driveways and internal roads shall be separated from parking areas by curbed landscaped islands where possible. Curbed, landscaped islands, a minimum of 10 feet in width, shall be located at the end of all rows of parking, and no more than 20 consecutive parking spaces shall be permitted in any row of parking without being defined by a 10 feet wide landscaped island. All curbed islands shall be landscaped with suitable trees, shrubs or ground cover.
c. 
Parking spaces shall be a minimum of nine feet wide and 18 feet long, except that: designated parking spaces for the handicapped shall be designed in accordance with the appropriate standards of the Americans With Disabilities Act; parallel parking spaces shall be a minimum of 10 feet wide and 22 feet long; 60° diagonal parking shall have a width of 10 feet and a depth of 21 feet measured perpendicular to the center line of the drive aisle; 45° diagonal parking shall have a width of 10 feet and a depth of 20 feet measured perpendicular to the center line of the drive aisle.
d. 
Parking lot Aisle widths shall be as follows:
1. 
90° parking - 24 feet.
2. 
Parallel parking.
One way aisle - 15 feet.
Two way aisle - 24 feet
3. 
60° parking - 16 feet.
4. 
45° parking - 13 feet.
5. 
Drive aisles within parking lots which do not have parking directly accessing them shall be a minimum width of 24 feet for two way traffic flow and 13 feet for one way traffic flow.
[Ord. No. 97-01 § 35.6]
Garage space or space within buildings, in basements or on the roofs of buildings may be used to meet the off-street parking requirements of this chapter, provided all requirements regarding this section are met.
[Ord. No. 97-01 § 35.8]
The off-street parking requirements for two or more neighboring uses may be satisfied by the allocation of the required number of spaces for each use in a common parking facility, provided that the number of off-street parking space is not less than the sum of individual requirements; and provided further that there be compliance with all other provisions of these regulations. This provision will only apply with approval of the Planning Board.
[Ord. No. 97-01 § 35.9]
Off-street parking facilities for one use shall not be considered as providing the required facilities for any other use, except that 1/2 of the off-street parking space required by any use whose peak attendance will be at night or on Sundays, such as churches, theaters, and assembly halls, may be assigned to a use which will be closed at night or on Sundays. This provision will only apply with approval of the Planning Board.
[Ord. No. 97-01 § 35.10]
For the purpose of this section, the number of employees shall be computed on the basis of the maximum number of persons to be employed on any one shift taking into consideration day, night and seasonal variations.
[Ord. No. 97-01 § 35.11]
When units of measurements determining the number of required off-street parking and off-street loading spaces result in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded. Any units over 1/2 will require an additional space.
[Ord. No. 97-01 § 35.12]
a. 
Residential Uses. No parking is permitted in any front yard of any residential use within any zone except parking may be permitted in the front yard of a single-family residence if parked on a driveway. In no instance shall the width of a driveway within a required front yard exceed 22 feet.
b. 
Commercial Zones and Uses. In any Commercial Zone, parking for permitted uses shall be permitted in the front yard providing that all necessary buffers are adhered to, a minimum ten foot landscaped area is provided along the front property line, and a minimum five foot landscaped area provided along the side lot lines. Landscaping within these areas shall be in conformance with the requirements of this chapter. Furthermore, this requirement shall apply to any use which is listed as a permitted use in any of the above zones, which is located in any other zone within the Borough as a permitted use, a preexisting non-conforming use, or is permitted by "use" or "D" variance.
c. 
Industrial Uses. Only parking for visitors shall be permitted in the front yard of Industrial Uses. Furthermore, this requirement shall apply to any mixed Office/Industrial Uses and mixed Retail/Industrial Uses whether permitted in a zone, a preexisting non-conforming use, or permitted by "use" or "D" variance.
[Ord. No. 97-01 § 35.13]
a. 
All properties, except single-family residences, shall be limited to one curb cut each. No curb cut shall be located closer than 10 feet to a side property line, except that on a corner lot, the curb cut shall be set back not less than 25 feet from the intersection of the front property lines.
b. 
For single family residences, curb cuts shall be located no greater than five feet from an adjacent property line, except that on a corner lot, the curb cut shall be set back not less than 25 feet from the intersection of the front property lines.
[Ord. No. 97-01 § 35.14]
In any Single-Family Residential Zone, paving for parking, loading or access thereto (unless otherwise restricted) except for entrance or exit drives crossing front property lines shall not be permitted within five feet of any property line.
[Ord. No. 97-01 § 35.17]
Off-street parking spaces for the parking of passenger vehicles of occupants, employees and patrons of main buildings and structures hereafter erected or enlarged shall be provided and kept available in amounts not less than specified in this section.
a. 
Residential Uses. The minimum required number of parking spaces to be provided in connection with Residential Uses in any given zone shall be in accordance with the following regulations:
1. 
Single-family, two-family and three-family dwellings: two spaces/unit.
2. 
Apartments: 1.75 spaces/unit.
Garage space shall be deemed to meet the required parking space for residential units provided that each space shall have a minimum of 240 square feet, and any driveway space which obstructs the access to or from the garage space shall not be counted as all or part of any parking space for the purpose of meeting the parking space per unit requirement.
b. 
Non-residential Uses. The minimum required number of parking spaces to be provided in connection with non-residential uses in any given zone shall be in accordance with the following regulations:
1. 
Auditorium, recreational establishment, movie theater, or other place of public assembly (including public, parochial and private schools): one parking space for each three fixed seats or 72 inches of bleachers for gymnasiums, auditoriums, or similar gathering spaces, at capacity; or one space for each three memberships in a swim club; or one parking space for each 100 square feet of gross floor area in cases where the capacity is not determined by the number of fixed seats or swim club membership.
2. 
Clubs: one parking space for each 100 square feet of gross floor area.
3. 
Home professional office or home occupation: two spaces for the Residential Use plus one space for each 300 square feet of floor area dedicated to the office or occupational use.
4. 
Assembly, fabrication, research, industrial, wholesale or laboratory: one parking space for 200 square feet of office space; plus one space for each 500 square feet of gross remaining floor area for laboratory or assembly or fabrication uses; plus one space for each 1,000 square feet for uses devoted strictly to storage or warehousing of goods.
5. 
Funeral home or mortuary: one parking space for each 25 square feet of floor area devoted to assembly rooms for services.
6. 
Office, office building, office-research building (not including medical and dental): one parking space for each 200 square feet of gross floor area.
7. 
Offices (medical and dental): one parking space for each 150 square feet of gross floor area.
8. 
Retail home furnishing (furniture) stores - not including home appliance stores: one parking space for each 500 square feet of gross floor area.
9. 
Restaurant or tavern (non drive-in or non fast-food franchise): one parking space for each 150 square feet of gross floor area.
10. 
Restaurant (drive-in/fast food): one parking space per three seats.
11. 
Retail store, personal service or custom shop, or studio: one parking space for each 200 square feet of gross floor area.
12. 
Automotive gasoline and service stations: four parking spaces for each repair bay plus one space for each employee on maximum shift.
13. 
Banks: one parking space for each 150 square feet of gross floor area.
14. 
Police, fire and first aid stations and post offices: one space for each 250 square feet of gross floor area for areas solely devoted to the principal use; one space for each 100 square feet of gross floor area for areas used for banquet or social halls.
15. 
Churches and synagogues: one space for each two fixed seats, or one for each 72 inches of benches or one parking space for each 100 square feet of gross floor area for assembly and meeting rooms, whichever is greater.
16. 
Other uses not specifically listed: the same requirement as for the most similar listed use as determined by the Zoning Officer.
17. 
Mixed uses: the total requirement shall be the sum of the requirements of the component uses, as listed above, computed separately.
18. 
Shopping Center - one space per 200 square feet of floor area.
[Ord. No. 97-01 § 36.1]
On the same premises with every retail commercial or industrial building, there shall be provided and maintained on the lot adequate space for off-street loading and unloading services in order to avoid interference with public use of the streets, sidewalks, parking areas, and public rights-of-way.
[Ord. No. 97-01 § 36.2]
Loading and unloading shall be provided according to the following schedule:
Gross Floor Area in Square Feet
Spaces Required
0 to 25,000
1
25,001 to 50,000
2
50,001 to 75,000
3
75,001 to 100,000
4
Each additional 50,000
1 additional
[Ord. No. 97-01 § 36.3]
Loading and unloading areas shall be permitted only in the rear yard.
[Ord. No. 97-01 § 37]
The intention of these requirements is to enhance the aesthetic and environmental appeal and character of buildings and sites being developed within the municipality by insuring the compatibility of uses, thereby maintaining the health, safety, and general welfare of the community while preserving property values. In addition to "enhancing aesthetic and environmental appeal", landscaping is also located to mitigate adverse environmental impacts as well as to provide true site amenities on a particular site; i.e., screening of winter winds, blocking of afternoon summer sun. These considerations make for a better place to live and work in, not only to look at.
[Ord. No. 97-01 § 37-1]
a. 
Landscaping Required. All areas in a development not used for construction of buildings, roads, access ways, parking or sidewalks shall be fully landscaped in accordance with the regulations of this chapter.
b. 
Minimum Landscaped Area Required. In all zones a minimum of 20% landscaped area shall be provided on every site. Required landscaped area shall be calculated by subtracting the maximum percentage impervious lot coverage from 100%. The Planning Board shall have the authority to determine its distribution, but 25% of all required front yards shall be landscaped.
In calculating landscaped areas, the areas of plazas, open pedestrian shopping malls, sitting areas, swimming pools, and ornamental pools and fountains shall be included. Conventional sidewalks and similar paved surfaces shall not be included.
c. 
Minimum Landscaped Area Along Property Lines. A minimum 10 feet wide landscaped area shall be provided along all front property lines and public streets in Commercial and Industrial Zones, except entrance walks and access drives. The 10 feet shall be measured from the proposed right-of-way line as designated in the Master Plan.
d. 
Street Trees. Street trees shall be required to be planted along all street frontage, except in a C-1 Zone. The minimum number of such trees shall total one tree for each 40 feet of frontage. Each tree shall have a minimum caliper of 2 1/2 inches one foot above the root crown.
e. 
Buffer Requirements.
1. 
Where any Multi-family Residential Use abuts a Single-Family Residential Use, a minimum buffer area of 15 feet shall be provided on the multi-family site.
2. 
Required buffer on residential "thru" lots. On any residential thru lot, a minimum ten-foot wide buffer shall be required along the street frontage at the architectural rear of the building if the street is classified as other than a minor street in the Master Plan. The buffer shall comply with the standards for a buffer as set forth in this chapter.
3. 
Abutting any Residential Zone. In all zones where Commercial or Industrial Zone lines abut a Residential Zone, a buffer shall be established in the Non-residential Zone as follows:
VC - Village Commercial - 10 feet
GC - General Commercial - 10 feet
LI - Light Industrial - 15 feet
4. 
No improvements can be made within a required buffer other than fencing, berming, and planting in accordance with this chapter.
5. 
Clearing or Grading Buffer Areas. Areas required for buffers shall not be cleared or graded prior to development approval as outlined in the Land Use Procedures portion of this chapter.
6. 
At a minimum, required buffers shall include two staggered rows of minimum six feet high evergreen trees planted 10 feet on center and 10 feet apart. This requirement may be altered by the Planning Board if existing vegetation makes such an arrangement impractical. The Planning Board may require a solid architectural fence within specific buffer areas in order to achieve the goal of a visual and acoustical barrier, however no fence in a buffer area shall be located closer than 10 feet to a property line in order to provide sufficient room for landscaping between the property line and the fence. The required buffer may be included within the required setback.
f. 
Mulching Material. All planting beds shall be covered with a plastic or similar material to prevent weed growth. Mulching material such as wood chips, pine bark, or stone shall be placed on top of this material to a depth of at least four inches. This requirement shall not apply to single-family, two-family, or three-family residential uses.
g. 
Design. Landscape plans shall be required for all Site Plans and shall only be prepared under the supervision of and signed by a Certified Landscape Architect, except for single- and two-family homes, where no plan is required.
[Ord. No. 97-01 § 38.1]
The intention of these requirements is to provide standards for the protection of the health, safety and aesthetic values of adjacent property. All fences and walls over three feet in height shall require a permit. The Planning Board shall have the authority to waive or regulate fences at their discretion.
[Ord. No. 97-01 § 38.2]
Within the required sight triangle at the intersection of two or more streets no wall, fence, hedge or other structure shall be erected to a height in excess of 2 1/2 feet above curb level, nor any other obstruction to vision shall be permitted.
[Ord. No. 97-01 § 38.3]
Except as otherwise permitted in this chapter, on any lot in any residential district, the combined height of any wall or fence shall not exceed four feet in the required front yard nor more than six feet in the required side or rear yards. The combined height shall be measured from the base of the wall to the top of the fence, regardless of whether or not the fence sits on the top of the wall, provided that both structures are located in the required yard. Exceptions to this height restriction include:
a. 
Tennis court fences, shall have a maximum height of 12 feet provided that they are located in a side or rear yard, and provided that they are located no closer than 10 feet to a property line.
b. 
Swimming pool fences may have a maximum height of five feet in any yard provided that they are located a maximum of 15 feet from the nearest point of the pool surface, and are not located within any sight triangle at any street intersection or driveway.
[Ord. No. 97-01 § 38.4]
a. 
No fence in a Residential Zone shall be erected of barbed wire, or electrified or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
b. 
No solid architectural fences or slatted chain link fences three feet in height or greater shall be permitted around tennis courts or within a front yard in any zone.
[Ord. No. 97-01 § 38.5]
In any zone, walls or fences erected shall be maintained in an aesthetically pleasing manner and any failure to do so shall be subject to the Construction Official's order to repair or replace the wall or fence in order to meet the requirements of this chapter.
[Ord. No. 97-01 § 38.6]
There shall be a fence of a type approved by the Construction Official not less than five feet high completely enclosing any below-ground swimming pool and any other swimming pool of 100 square feet of surface water area or more and which is less than four feet above the ground. Each gate in a pool fence shall be self closing and capable of being locked when not in use.
[Ord. No. 97-01 § 38.7]
The finished side of all fences shall be on the outside facing away from the lot on which it is erected.
[Ord. No. 97-01 § 39.1]
As a condition to approval and as a condition to continuance of any business or building, process, installation, production or other use in any zone, the applicant shall supply evidence, satisfactory to the Construction Official or to his designated representative, that the proposed building, process, installation, production or other use will conform fully with all of the applicable performance standards. As evidence of compliance, the Construction Official may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Construction Official may require that specific operation procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
[Ord. No. 97-01 § 39.2]
No use shall be established, maintained or conducted that will cause any of the following:
a. 
Atmospheric Pollutants. Dissemination of toxic or noxious smoke, fumes, gas, dust, odor or any other atmospheric pollutant into the air to such a degree as to be detrimental to the health and welfare of residents in the area, as determined by State, regional and local requirements.
b. 
Waste Material. Discharge of any waste material whatsoever on the site or into any watercourse except in accordance with State, regional and local requirements.
c. 
Glare, Vibration and Noise. Dissemination of glare, vibration, and/or noise beyond the immediate site on which such use is conducted and in accordance with this chapter establishing noise performance and vibration standards.
d. 
Hazards. Hazard by reason of fires, explosion, radiation or similar cause to property in the same or adjacent zones. Safeguards for the health and safety of workers shall comply with all applicable regulations and requirements of the State Department of Labor and Industry.
e. 
Examination of Applications. All applications shall be examined by the municipality in regard to the effect of the proposed use upon the public health of the residents and the surrounding area in respect to any potential pollution of air, ground water, or ground resulting from the dissemination of smoke, chemicals, odors or dust from the industrial processes of the proposed use. A written report indicating the conformance with or violation of the performance standards shall be submitted to the Construction Official.
[Ord. No. 97-01 § 39.3]
No liquid wastes shall be discharged directly or indirectly into any watercourse in the municipality, except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply the following:
a. 
Certification in writing by the New Jersey Department of Environmental Protection and Energy that such proposed facilities are in compliance with applicable State laws and regulations; and
b. 
Certification in writing by the Municipal Engineer approving the installation of such facilities.
[Ord. No. 97-01 § 39.4]
No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard, or which might be edible or otherwise attractive to rodents or insects shall be stored indoors in appropriate containers adequate to eliminate such hazards.
[Ord. No. 97-01 § 39.5]
No industrial waste shall be discharged into the public sewage collection and disposal system unless the Municipal Engineer and the appropriate sewerage authority shall have first investigated the character and volume of such waste and shall have certified in writing that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said authorities including the pretreating of such wastes, the installation of processing methods, separation or screening of wastes, control of pH, and other methods of improving such wastes prior to discharge, as a condition to acceptance by the said authorities.
[Ord. No. 97-01 § 39.6]
In order to satisfy itself that the applicant will comply with all of the applicable performance standards, the Planning Board or its designated representative may examine and refer to any or all of the available standards, codes, regulations and requirements, including but not necessarily limited to:
a. 
Laws, regulations and codes administered by the New Jersey State Department of Health.
b. 
Laws, regulations and codes administered by the New Jersey Department of Labor and Industry.
c. 
State of New Jersey Uniform Building Code.
d. 
Applicable standards of the United States Public Health Service.
e. 
Applicable standards of the Bureau of Mines, United States Department of the Interior.
f. 
Laws, regulations and codes administered by the New Jersey Department of Environmental Protection and Energy. If there is a conflict of the foregoing with local codes, the more restrictive shall apply.
g. 
Applicable property maintenance code or codes.
[Ord. No. 97-01 § 40]
Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district unless to make such use or structure conform to minimum safe building standards.
[Ord. No. 97-01 § 40.1]
Structures that are nonconforming according to this chapter may be continued so long as they remain otherwise lawful. Nonconforming structures and their use shall not be enlarged, expanded or altered except to become more in conformity with this chapter. Any replacement of a nonconforming structure or use shall conform to this chapter. Any nonconforming structures partially destroyed may be restored or repaired, but only to the extent of the previous nonconformity. Change from one nonconforming use to another shall not be allowed except by approval of the Planning Board. A use or structure shall be deemed to be abandoned if there has been both an intent and action to abandon the structure or use by the owner.
[Ord. No. 97-01 § 40.2]
No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
[Ord. No. 97-01 § 40.3]
On any building devoted in whole or in part to any nonconforming use, repairs and maintenance may be made. Repairs shall be limited to routine or ordinary repairs. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof of any building which is a valid nonconforming structure, which has been declared unsafe by the Construction Official.