Any restrictions or requirements governing the use of buildings or land which are established by statute or other ordinance of the Borough of Dunellen and which are more restrictive than regulations contained herein shall take precedence over the provisions of this chapter.
A. 
The regulations of this chapter shall govern the use and development of all buildings and land in the Borough of Dunellen.
B. 
No land or building shall be utilized, occupied, or improved for development unless in accordance with the use restrictions of this chapter.
C. 
No building or structure shall be constructed, erected, installed, structurally altered, relocated, enlarged, or rebuilt unless in conformity with the bulk regulations of this chapter.
D. 
No required yard or open space shall be encroached upon in any manner, except in conformity with the regulations of this chapter.
E. 
Certificates of occupancy. It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partly until a certificate of occupancy has been issued by the Borough of Dunellen for the premises certifying that the structure complies with the provisions of this chapter. A new certificate of occupancy shall be required for any and all changes of ownership, tenancy or use.
[Amended 8-8-2005]
Nothing contained in this chapter shall require any change in the design, construction, size, or designated use of any structure, or part thereof, for which a building permit is on file with the Construction Official as of the effective date of this chapter.
A. 
Except as herein exempted, no building permit shall be issued for the construction, structural alteration or relocation of any building or structure unless a site plan is first submitted and approved in accordance with Chapter 115A, Land Development, of the Code of the Borough of Dunellen and no certificate of occupancy shall be issued unless all construction conforms to the approved plan.
B. 
No site plan approval shall be required prior to issuance of a building permit or other required permit for any of the following:
(1) 
Single-family and two-family dwellings.
(2) 
Accessory structures such as private garages, swimming pools, storage sheds, etc., which are incidental to single-family and two-family dwellings.
(3) 
Fences, provided that said fence does not violate a condition of prior variance approval, and further provided that if the proposed fence is to be located on a site developed for nonresidential use, said fence shall not alter the means of ingress and egress as approved by the Board.
(4) 
Paving of an unpaved driveway on property developed for single-family or two-family dwellings, provided that said paving shall not violate a condition of a prior variance approval.
(5) 
Interior alterations or work on exterior building façades, windows or roofing. However, issuance of a building permit for said work in no way limits the Borough's authority to require future site plan approval based upon the proposed use of the building.
(6) 
Building additions. Building additions which are less than 15% of the building's existing floor area or 1,500 square feet, whichever is less, provided that said addition meets the following criteria:
(a) 
It will not require any additional parking spaces.
(b) 
It will not violate zoning regulations nor increase the extent of nonconformance with existing zoning regulations.
(c) 
There will be no loading bay proposed as part of the addition.
(d) 
There will be no chemical or hazardous substances stored in the addition.
(7) 
Any change of occupancy which does not meet the criteria established in § 115-13 for classification as a change of use.
A. 
A change in the occupancy of a building or the utilization of a building or land which meets any of the following criteria shall be determined to be a change of use under this chapter:
(1) 
The proposed use requires more off-street parking spaces than the previous use, based upon parking requirements in Chapter 115A, Land Development, of the Code of the Borough of Dunellen;
(2) 
The proposed use has significantly different hours of operation than the previous use;
(3) 
The proposed use has special pickup and discharge or loading and unloading requirements which affect either on-site or off-site circulation; or
(4) 
The proposed use involved the storage or handling of chemicals or hazardous substances.
B. 
All such changes of use shall require site plan approval prior to the issuance of any required municipal permits.
C. 
A signed affidavit stating that the proposed use does not meet any of the above criteria must be submitted to the Borough Zoning Officer prior to issuance of certificate of occupancy.
A. 
Second dwelling prohibited. Except for multifamily housing developments, in no case shall there be permitted more than one residential building on each subdivision lot of record.
B. 
Location on improved street. All principal buildings shall be built upon a lot with frontage upon a public street or private road improved in accordance with Borough requirements or for which such improvements have been insured by the posting of a performance guaranty.
A. 
Location. In any residential zone, no private detached garage or other accessory building or parking area shall be located within a required front yard nor within a required side yard, except that nothing shall prohibit an owner of a home from counting a driveway as an off-street parking space. A residential driveway shall be set back a minimum of two feet from the side property line.
B. 
Accessory structure as part a principal building. A private garage constructed as a structural part of a main dwelling shall be considered part of the principal building and shall comply in all respects with yard requirements of this chapter for the principal building.
C. 
Area restrictions. Accessory structures may occupy, in aggregate, not more than 40% of the required rear yard area in all zoning districts.
D. 
Distance from principal buildings. The minimum distance of any detached accessory structure from the principal building shall be five feet.
E. 
Height restrictions. In any residential district, no accessory structure shall exceed 15 feet in height.
F. 
Distance from street line. On through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on the street which said yard abuts.
G. 
Accessory building not to be resided in. No accessory building shall be used for residential dwelling purposes in any zoning district.
H. 
Private swimming pools. Private swimming pools in excess of 24 inches deep shall be permitted in rear yards only and shall be a minimum of 10 feet from the principal building and six feet from all property lines.
I. 
Membrane structures shall be permitted only in rear yards. Membrane structures do not include tents.
Except as hereinafter specified in this section, every part of a required yard shall be unobstructed and open except for the following man-made structures:
A. 
Accessory buildings in a required rear or side yard in accordance with § 115-15.
B. 
The ordinary projection of sills, parapets, cornices, eaves, leaders, bay/bow windows, and other ornamental features, provided that said features shall not project into a required yard area more than 24 inches.
C. 
Air-conditioning equipment placed on the ground, which may not project more than three feet into a required side- or rear-yard setback.
D. 
An unroofed porch or terrace projecting into a required front yard or rear yard, at the level of the first floor, provided that the area of said porch or terrace which projects into a required front or rear yard shall not exceed 30 square feet.
E. 
Fences, in accordance with § 115-40.
F. 
Flagpoles.
In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any curved street, lot frontage (as distinguished from lot width) shall be no less than 2/3 of the required lot width as set forth in the schedule in § 115-6.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is available from the Borough office.
[Amended 5-15-2006 by Ord. No. 06-06]
A. 
On a corner lot, two frontages shall be designated as the front yard, and the front entrance shall be oriented to the street address. The setback on the secondary street shall be equal to a minimum of the average front setbacks of structures on the same side of the street for 200 feet. At no time shall the setback be less than 25 feet. An applicant must certify that said calculations have been established and provide proof of the measurements taken.
B. 
The rear yard shall have a setback of 20 feet minimum. Side yard setbacks shall be a minimum of six feet.
C. 
On a corner lot, accessory buildings are required to meet the principal building side yard setback requirements.
A. 
Lots fronting on a cul-de-sac or curved street.
(1) 
The front setback line shall be concentric to the street line.
(2) 
Front setback shall be measured as the shortest horizontal distance between the street line arc and the setback line arc.
(3) 
Lot width shall be the measured horizontal distance between the two points where the setback arc intercepts the side property lines.
(4) 
Lot frontage shall be the measured horizontal distance between the two points where the side property lines intersect the street line arc. Lot frontage (as distinguished from lot width) shall be no less than 2/3 of the required lot width as set forth in the schedule in § 115-6.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is available from the Borough office.
(5) 
The front wall of a permitted structure may be tangent to any point on the setback arc, provided that the side yard setbacks are observed as shown in the schedule in § 115-6.[2]
[2]
Editor's Note: The Schedule of Area, Yard and Building Requirements is available from the Borough office.
B. 
Triangular lots having no rear lot line. For a triangular lot having no rear lot line, lot depth shall be measured as the shortest horizontal distance from the front lot line to the midpoint of a line parallel to the front lot line, which parallel line shall not be less than 10 feet in length, measured between its intersections with side lot lines.
C. 
Other irregular lots.
(1) 
For an irregular lot with two rear lot lines, lot depth shall be measured as the shortest horizontal distance from the front property line to the midpoint of a line drawn through the midpoints of the two rear property lines.
(2) 
For an irregular lot with one sloping rear lot line, lot depth shall be measured as the shortest horizontal distance from the front property line to a line drawn parallel to the front property line through the midpoint of the rear property line.
A. 
On any corner lot within the triangular area determined as provided in this section, the following is prohibited.
(1) 
Walls, fences, signs, or other structures which obstruct vision or are erected to a height in excess of two feet above curb level.
(2) 
Parked vehicles, objects, or any other obstruction of a height in excess of two feet above curb level.
(3) 
Hedges, shrubs, or other vegetation growth which are not maintained at a height of less than two feet, except that permitted signs or trees whose obstructions are at least eight feet above the curb level shall be permitted.
B. 
Such triangular area shall be formed by the two intersecting street lines adjoining said lot and by a diagonal line connecting 25 feet from the intersection of these street lines.
[Amended 5-1-2006 by Ord. No. 06-04]
In a residential zone with existing structures, the average front setback line for new, expanded or rebuilt structures must be a minimum of the average front setbacks of structures on the same side of the street, for 200 feet in both directions. At no time shall the setback be less than 25 feet. An applicant must certify that said calculations have been established and provide proof of the measurements taken.
A. 
Outdoor storage. Outdoor storage of any kind or nature except storage of those items customarily used in conjunction with residential occupancy is strictly prohibited in all residential zones.
B. 
In all nonresidential zones, no article, equipment, vehicle, supplies, or material shall be kept, stored, or displayed outside the confines of any building unless the same is screened by planting or fencing as approved by the Planning Board.
C. 
Display for retail sales of new and used motor vehicle equipment by a licensed dealer shall not be required to be screened by plantings or fence.
[Amended 5-13-2005; 10-10-2006 by Ord. No. 06-20]
A. 
Motorized recreational vehicles exceeding a manufacturer's gross vehicle weight 8,000 pounds shall be parked in the required space reserved for off-street parking in all zones. Said vehicles must be registered in the name of a legal occupant of the premises where it is stored.
B. 
Trailer recreational vehicles and boats shall be stored in a private garage or in the rear yard.
[Amended 5-13-2005; 10-10-2006 by Ord. No. 06-20]
No truck, tractor, trailer, school bus, or licensed commercial vehicle of more than 8,000 pounds manufacturer's rated capacity shall be stored or parked on any lot situated in a residential zone, nor shall any such vehicle be parked on any street in any residential zone except while delivering merchandise or providing services to the residents of the building.
Community residences for up to six mentally or physically handicapped persons and their resident staff shall be permitted in any residential zone in the Borough. Such community residences shall meet the minimum area, yard, and building requirements set forth for single-family units in the zone in which located. Community residences for the placement of more than six but fewer than 16 mentally or physically handicapped persons, exclusive of resident staff, may be permitted in residential zones as a conditional use, provided that all of the terms and conditions specified for this particular use in § 115-38 of this chapter are complied with.
The sale or the public communications of obscene materials in any zoning districts of the Borough of Dunellen, as obscene materials are defined in N.J.S.A. 2C:34-2 et seq., is hereby prohibited.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, or domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above the roof level; nor to noncommercial radio and television antennas or transmission apparatus; except that such features, if erected on a roof, shall not exceed 20% of the total roof area. Penthouses or roof structures for housing mechanical equipment shall also be exempt, provided that said structure does not exceed 1/3 of the building height or 12 feet, whichever is less.
In the event that damage resulting from fire, and explosion, or an act of God renders any existing single-family or two-family dwelling uninhabitable, mobile housing units shall be permitted to be located on the lot on a temporary basis, not to exceed four months. The location of said temporary housing unit shall not be governed by existing setback requirements of the zone, but shall be set back a minimum of five feet from adjacent properties and shall not be located within a required sight triangle.
The storage or warehousing of materials, supplies, and/or products in trailers or containers and the use of trailers as a temporary office is hereby prohibited in all zones except for the following:
A. 
Construction trailers may be placed on a construction site provided that no such trailer may be placed on a site prior to the granting of site plan approval, and further provided that all such trailers shall be removed from the site if construction is not pursed diligently for any consecutive six-month period. The location of the construction trailer on the construction site must meet the approval of the Construction Code Official.
A building permit must be obtained and construction started within one year of the date of approval of a variance or such variance approval shall be automatically revoked. However, the applicant may apply for and the Board may grant extensions of such variance approval for additional period of at least one year, but not to exceed a total extension of two years.
No sexually oriented business shall be operated or maintained within 1,000 feet of a residentially zoned district, public place of worship, a state-licensed day-care facility, public library and public educational facilities which serve persons age 17 or younger, school bus stops, and/or playgrounds.
[Added 3-21-2011 by Ord. No. 2011-01]
No vending machines for the sale of any products save newspapers shall be permitted in the public right-of-way, nor shall they be permitted between the face of any commercial building and the paved portion of the street. Any outdoor vending machines other than for the sale of newspapers shall be placed on the property owned by the business placing the same in either a side or rear yard and not between the face of any building and the public street.