[Amended 9-23-1997 by Ord. No. 97-16; 11-23-1999 by Ord. No. 99-25; 6-27-2000 by Ord. No. 2000-17; 2-26-2002 by Ord. No. 2002-1; 10-25-2005 by Ord. No. 2005-21; 10-24-2006 by Ord. No. 2006-30; 3-24-2009 by Ord. No. 2009-2; 6-24-2014 by Ord. No. 2014-13; 9-13-2016 by Ord. No. 2016-12; 6-12-2018 by Ord. No. 2018-07; 4-27-2021 by Ord. No. 2021-05; 7-13-2021 by Ord. No. 2021-13; 7-13-2021 by Ord. No. 2021-13; 11-23-2021 by Ord. No. 2021-16; 11-26-2024 by Ord. No. 2024-18]
The following regulations shall apply to all residential districts and, where stated, shall constitute conditions under which conditional use approval may be granted.
A. Home occupations. Home occupations shall be permitted in all residence districts. The following standards shall control home occupations:
(1) The home occupation shall be conducted only in the enclosed living area of the dwelling.
(2) No electrical or mechanical equipment is to be used in conjunction with the home occupation which creates visible or audible interference in radio or television or which creates fluctuation in line voltage outside the dwelling or which creates noise not normally associated with a residential use.
(3) The occupation permitted shall be on a limited scale so as not to interfere with the residential character of a district, and no employees other than full-time residents of the dwelling shall be employed in pursuance of the occupation.
(4) Products related to a home occupation shall not be sold on the premises, and services related to a permitted occupation shall be provided only within the residence.
(5) The establishment of a home occupation shall not be permitted to change the principal character of the use as a dwelling.
(6) No storage or display of goods, materials or supplies or equipment shall be visible from the outside of any structure located on the premises.
(7) There shall be permitted no more demand for parking than one vehicle at a time, in addition to the two parking spaces required for the dwelling.
(8) Only one floor of the dwelling shall be used for the home occupation. No more than 25% of that floor shall be devoted to the home occupation.
(9) The following are permitted home occupations:
(a) Dressmaker, seamstress or tailor.
(b) Music or dancing teacher for one pupil at a time.
(c) Artist, sculptor or author.
(d) Lawyer, architect, engineer, realtor, insurance agent or broker for consultation, provided that this is not the sole place of business.
(e) Physician, dentist or other licensed medical practitioner for consultation purposes, provided that this is not the sole place of business.
(f) Office use when the office is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit and no other persons and where the office use does not require visits by customers or business invitees for business purposes.
(g) Cottage food operation subject to the following requirements:
[1] There shall be only one such use in any dwelling unit.
[2] The use shall be operated by or shall employ in the dwelling unit only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons.
[3] The use shall be located only within the principal building, and not within any accessory buildings. There shall not be permitted the conversion of garage parking areas to cottage food use.
[4] The dwelling unit shall not be divided or partitioned in any way to prevent free access between all portions of the dwelling unit and the area devoted to the cottage food use.
[5] There shall be no change to the exterior of buildings or other structures for the use, and no outside appearance of a business use, including but not limited to parking, storage, signs, or lights.
[6] The use shall not operate any equipment or conduct any process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio, or television reception, any of the foregoing which are detectable by neighboring residents.
[7] The use shall not require any increased or enhanced electrical, water, natural gas or other utility service, supply, or usage, above what is typically required for residential use in the zone district.
[8] The quantity and type of solid waste disposal shall be the same as for other residential uses in the zone district.
[9] The capacity and quality of effluent shall be the same as is typical of normal residential use in the zone district and shall create no potential or actual detriment to the sanitary sewer system or its components.
[10] Deliveries to and from the use shall be made by the same types of trucks used by the U.S. Postal Service, United Parcel Service, Federal Express and other similar delivery services when providing regular service to residential uses in the zone district (e.g., no larger than a box truck).
[11] All vehicular traffic to and from the cottage food use shall be limited in volume, type, and frequency to that which is normally associated with other residential uses in the zone district.
[12] Such uses shall have a cottage food operator permit issued by the N.J. Department of Health.
(10) Specifically prohibited home occupations, unless permitted as a conditional use, shall be:
(a) Animal hospitals, stables, kennels or livery stables.
(b) Barbershops and beauty parlors.
(d) Dancing or music schools and nursery schools.
(i) Auto repair shops or body shops.
(k) Mortuaries and funeral homes.
B. Sale of farm products. In conjunction with a farm as a permitted use in the Township, produce and other products of the farm may be sold on the premises. Any sales of produce or farm products must take place from a structure located at least 35 feet from the street upon which the lot fronts. Parking shall be provided for at least one car for each acre of land or 5,000 square feet of greenhouse or propagating house under cultivation and shall be constructed of a dust-free material. Products sold shall be limited to the extent that at least 75% of the products sold at any time must be produced on the property. Sale or advertisement of cannabis products shall not be permitted.
C. Keeping animals.
(1) A total of 10 female chickens are permitted in association with a residentially used property of up to three acres.
(2) The keeping of chickens as accessory to a residential use shall comply with all requirements of Chapter
100, Animals, Article
II, Chickens.
(3) The keeping of animals shall be permitted in all residential districts as an accessory use.
Type of Animal | Minimum Lot Size (acres) | Number Permitted | Required Housing Space per Animal (square feet) |
|---|
Horses | 1 | 1/acre for the 1st 3 acres 2/acre for the 4th and 5th acres 3/acre for more than the 5th acre | 80 |
Ponies | 1 | 1/acre for the 1st acre 1/half-acre for the 2nd, 3rd, 4th and 5th acres 3/acre for more than the 5th acre | 80 |
Dairy cattle | 3 | 1/acre | 100 |
Beef cattle | 3 | 1/acre | 80 |
Sheep | 3 | 5/acre | 16 |
Goats | 3 | 5/acre | 16 |
Swine | 3 | 1/acre | 64 |
Poultry, excepting female chickens as specified in Subsection C(1) and (2) above and roosters | 1 | 3/acre | |
Roosters | 3 | 1/acre | |
(4) A pony as regulated above shall not exceed 12 hands in height.
(5) Any building for the keeping of animals shall be located at least 50 feet from any dwelling on an adjacent property and at least 50 feet from the required rear or side yard setback line on all adjacent residentially zoned or used properties. Any building for the keeping of animals shall be located at least 30 feet from the dwelling of the occupant of the lot.
(6) Any outdoor area for keeping animals, including corrals, shall be located at least 30 feet from residential structures and at least 20 feet from side and rear lot lines. However, this distance to the lot line may be decreased to 10 feet if the Zoning Officer determines that an adequate buffer and screening have been provided in accordance with good planning standards. No stable or outdoor area for the keeping of animals shall be located closer to the street line than the required front yard. All structures for the keeping of animals must be at least 50 feet from any stream, well, water body or watercourse. All septic and manure pits must also be 50 feet from any stream, well, water body or watercourse and 50 feet from all property lines. All animals on the property shall be owned by and for the sole and exclusive use of the residents of the lot upon which they are located, except that up to one animal for the first three acres and 25% of all other animals permitted by the quota above may be boarded for the animal's owner to be used only by the owner. When calculating the number of animals permitted, any lot area may only be used once, except that the number of poultry permitted shall not restrict the use of that property for the other animals as permitted in the above schedule.
(7) Manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances. Failure to abide by these standards shall result in revocation by the Township of permission to keep animals. Those persons keeping animals must meet all requirements of state and local health regulations.
D. Greenhouse, propagating house and nursery business. Greenhouse, propagating house and nursery businesses shall be permitted as a conditional use in all residential districts if the following conditions are met:
(1) A minimum lot area of six acres shall be required.
(2) A front yard shall be a minimum of 50 feet in depth.
(3) Side and rear yards shall be equal in depth to the height of the buildings or 30 feet, whichever is greater.
(4) A lot width of 200 feet shall be required.
(5) A twenty-foot planted buffer, acceptable to the Planning Board, shall be required adjacent to any residentially zoned or used property.
(6) No driveways shall be located closer than 25 feet to any side or rear property line.
(7) A ten-foot planted buffer shall be located along all property lines adjacent to industrially or commercially zoned or used property.
(8) Nursery stock shall be located no closer than 10 feet to any side or rear property line and no closer than 20 feet to any street.
(9) The maximum building coverage permitted for both temporary and permanent buildings shall be 30%.
(10) All permanent structures shall require a building permit and site plan approval.
(11) No structures may exceed 35 feet in height.
(12) Where there are wholesale or retail sales of products, only items that have been grown on the premises for at least 1/2 of their life may be sold on the premises.
(13) Where there are retail sales, at least one parking space shall be provided for each acre under cultivation or for each 5,000 square feet of area within the greenhouse.
(14) Greenhouses shall be restricted in size as follows:
District | Maximum Size (square feet) |
|---|
R-45 | 1,500 |
R-22 | 1,200 |
R-15 | 1,200 |
R-11 | 900 |
R-9 | 900 |
E. Medical and professional offices. In zones where medical and professional offices are permitted as a conditional use, the following conditions shall be met:
(1) In addition, the following conditions shall be met:
(a) The property shall front on either Route 23 or the Newark-Pompton Turnpike.
(b) The minimum lot size shall be 45,000 square feet with a minimum lot width of 200 feet.
(c) There shall be a fifteen-foot planted buffer adjacent to all rear and side yards which shall be maintained at least six feet in height.
(d) The front yard shall be a minimum of 50 feet in depth.
(e) Building coverage shall be limited to 25% of the lot, and total coverage by impervious materials to 60% of the lot.
(f) All other bulk regulations in the zone shall apply.
(g) Site plan approval shall apply.
(2) In addition, the following shall apply:
(a) The use shall be conducted only in the enclosed structure, exclusive of porches and garages, of the dwelling.
(b) No electrical or mechanical equipment is to be used in conjunction with the professional office which creates visible or audible interference in radio or television or which creates fluctuation in line voltage outside the dwelling or which creates noise not normally associated with a residential use.
(c) Products related to a professional office shall not be sold on the premises, and services related to a permitted occupation shall be provided only within the structure.
(d) Residential appearance regulations. All buildings, including new, converted or existing structures, shall be residential in exterior appearance. For the purpose of administering this subsection, "residential in exterior appearance" shall mean a building which complies with all of the following requirements
[1] No building elevation along an abutting street shall have an overall dimension that is greater than 76 feet.
[2] No building shall have a pitched roof that is less than 33.33%.
[3] Not more than one window in each building elevation shall be wider than four feet.
[4] Exterior building materials shall be limited to wood, metal or vinyl clapboard; wood shingle, stone, brick or stucco. This limitation shall not apply to roofs, windows or doors.
[5] Every building elevation that fronts on an abutting street shall have at least one offset of not less than 18 inches between wall planes facing on said street.
[6] No building shall contain more than one exterior doorway for each building elevation, except where needed to provide access for persons with disabilities.
[7] The habitable floor area of the second floor shall not exceed the habitable floor area of the first floor by more than 10%.
(e) No storage or display of goods, materials, supplies or equipment shall be visible from the outside of any structure located on the premises.
(f) Parking shall comply with the requirements of Article
IX.
(g) No more than one professional who resides on the premises and two support personnel who are not required to reside on the property may be engaged in the professional office use.
(h) No more than 50% of the ground floor area and no area on any other floor may be dedicated to the professional office use.
(i) In no event shall surface parking be permitted in the front yard.
F. Nursing homes, hospitals and intermediary care centers.
(1) Nursing homes and hospitals shall be permitted as a conditional use in the R-87, R-45, R-22, R-15, R-11 and R-9 Zones.
(2) The minimum required lot size shall be five acres. The minimum lot width is 300 feet on a street with a right-of-way of 60 feet or more and a pavement width of 40 feet or more.
(3) The front yard for nursing homes and intermediary care centers shall be twice the minimum front yard required in the zone in which they are located. The maximum building height for nursing homes shall be three stories or 40 feet, whichever is less. Rear yards and side yards shall be 100 feet each, at least 25 feet of which shall consist of a planted buffer strip. Maximum building coverage shall be 30%, and the maximum coverage by impervious surfaces shall be 60%.
(4) Prior to the issuance of a building permit, nursing homes, hospitals and intermediary care centers in the Airport Hazard Restricted Zone shall obtain the approval of the Commissioner of Transportation.
G. Schools. Schools shall be permitted as a conditional use in all residence zones, and each school shall be located on a lot with a minimum lot size of five acres and frontage on an improved road of at least 50 feet in width. The minimum lot width shall be 300 feet, and the maximum height of any structure shall be 35 feet or two stories, whichever is less. Side and rear yards of at least 50 feet shall be provided, and at least 25 feet of the side and rear yard adjacent to the property lines shall be planted as a buffer. This buffer may include the side or rear yard, but shall not include parking areas or access drives. Prior to the issuance of a building permit, schools in the Airport Hazard Restricted Zone shall obtain the approval of the Commissioner of the Department of Transportation.
H. Churches and houses of worship. Churches and houses of worship shall be permitted as a conditional use in all residences zones on a minimum lot size of five times the permitted lot size in the zone in which it is to be located. The minimum lot width shall be twice the minimum lot width permitted in the zone which it is to be located, and the lot shall be located on an improved street with a right-of-way of at least 50 feet. The maximum building height shall be two stories or 50 feet, whichever is less, exclusive of steeples and bell towers, which shall not exceed 75 feet. The minimum side and rear yard shall be 35 feet, at least 20 feet of which shall consist of a planted buffer strip.
I. Museums and historic sites. Museums and historic sites open to the general public shall be permitted in all residential districts as a conditional use, provided that said museum or historic site is of such significance that it appears on the National and/or State Register of Historic Places or on the Township's Official Map. Said use shall be permitted only upon the finding that traffic congestion will not result from the use and that the use will not have a deleterious impact on the neighborhood in which it is located. Retail sales of souvenirs shall be permitted as an accessory use only if located within a structure on the property.
J. Community centers. Community centers shall be permitted in all residential zones as an accessory use to a conditionally permitted church or religious use. The community center may consist of an auditorium and meeting rooms and must be located with direct access to an improved street with a right-of-way of at least 60 feet in width. In order for a community center to be permitted, the lot area must be a minimum of 10 times the minimum permitted lot size in the zone in which it is to be located.
K. Libraries. Libraries shall be regulated in the same manner as community centers.
L. Courts. The minimum dimension of any interior or inner court shall be not less than one foot for every foot of height of the tallest portion of the building surrounding the court. In no case shall an inner court have a dimension of less than 12 feet.
M. Rear dwellings. No building to the rear of and on the same lot with a primary use shall be erected or used for dwelling purposes.
N. Swimming pools. Swimming pools are permitted in all residential zones in conformance with the requirements of Chapter
320, Swimming and Bathing, Article
I, Swimming Pools, of the Code of the Township of Pequannock. Said pools shall be limited to a use accessory to a permitted residential use and shall be solely for the use and enjoyment of the occupants of the lot, plus their guests. There shall be not more than one swimming pool on any single lot, except in a Planned Residential District. In the Planned Residential District there shall not be more than one pool for every 100 dwelling units. Screening at least six feet in height by fence or planted materials shall be provided in each case where the pool is within 15 feet of an adjacent property line, except that in the Planned Residential District this buffer shall be at least 50 feet.
O. Tennis courts.
(1) Where permitted by applicable sections of this chapter, tennis courts shall be fenced by a suitable material no more than 12 feet in height. The tennis court and its fence shall be located at least 12 feet from the nearest adjacent property line for an unlighted court and 25 feet for a lighted court, except that in a Planned Residential District the required distance shall be no less than 50 feet. All lighting shall be shaded so as not to create glare or more than 0.25 footcandle of illumination at the property lines.
(2) There shall be no more than one tennis court on any lot, except that in a Planned Residential District up to one tennis court per 100 dwelling units may be constructed.
(3) Tennis courts shall be for the sole use of occupants of the premises and their guests and shall not be operated as a commercial venture. No tennis court shall encroach within the front yard setback.
P. Fences.
(1) The following fence height and setback regulations apply in all residential zones:
(a) Front yard. For purposes of these fence requirements, for lots with two or more front yards, the established front yard of a residential structure shall be defined as the space between the street and the front/main entrance of the principal building. In addition, the following standards shall apply:
[1] Fences located in the established front yard shall have a maximum height of three feet, a minimum of 50% of the fence open to the air, and a minimum setback of five feet from the property line.
[2] Fences located in the secondary front yard shall have a maximum height of four feet, shall have a minimum setback of five feet from the property line and may be solid in construction.
[3] A fence in excess of four feet but not to exceed six feet in height shall be permitted in the secondary front yard, provided that the fence has a minimum setback of the required front yard setback for the zone in which the site is located or the fence has a setback at the prevailing building setback and runs parallel to the street right-of-way.
[4] As of the date of passage of this amendment, fences that have received formal approval either from the Department of Construction and Land Use or the appropriate Township board that are in excess of four feet but not greater than six feet are permitted. Replacement of said fences is permitted, at their present location or at a five-foot setback from the property line, whichever is greater. All other fence requirements are applicable.
(b) Rear or side yard. Fences with a maximum height of six feet shall be permitted in all residential zones. No setback for fences shall be required, provided that any fence which is installed shall be entirely on the property of the party who installs the fence and must be maintainable from that property.
(2) Measurement of fence height. In determining the height of fences for the purpose of compliance, the following shall apply:
(a) For fences that are not uniform in height along the top of the fence, the height shall be measured to the highest point of the fence, except as provided otherwise below.
(b) Notwithstanding the maximum height limitations applicable to fences above, fence posts may exceed the maximum permitted fence height by up to one foot.
(c) For fences located on sloping ground, the height shall be measured from the grade directly below the point of measurement.
(d) Fence height shall be measured from normal grade. Normal grade shall be construed to be the newly established grade after construction, exclusive of any filling, beaming, mounding, excavating or curbing which alters the grade at the base of the fence from the grade in the general vicinity of the fence.
(3) Fence orientation. Fences shall be constructed in such a manner that the dressed side of the fence, where applicable, shall face the adjacent property or the public right-of-way excluding railroad property. All supports for the fence shall be on the interior of the fence and property. This provision shall not preclude the construction and maintenance of a shadowbox-type fence, provided that the dressed side of the fence material shall face the adjacent property or public right-of-way and shall be of the same texture, material, and color.
(4) Fence composition. No electrified fences or other fences consisting of or incorporating similar hazards shall be permitted in a residential zone. Barbed wire fences are permissible when used to contain horses and cattle, as regulated by this chapter, on the property.
Q. Accessory buildings.
(1) No accessory building in a residential district shall be located closer than five feet to any property line when such accessory building does not exceed 15 feet. An accessory building that has a height of 15 feet to 18 feet shall not be closer than 10 feet to any property line.
(2) Accessory buildings in residential zones may occupy the required rear yard up to a height of 18 feet, as long as they are 10 feet away from the principal building on the same lot. The height of the accessory building shall be defined as the vertical distance of the structure derived from the grade plane to the highest point of the structure. The rear yard area occupied by such an accessory building shall, however, be included in computing the maximum percentage of the lot which may be built upon in any given case.
(3) In the case of an interior lot fronting upon only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street. In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
(4) In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon that area between each respective street and a line drawn parallel to such street in a manner to divide the lot into two equal parts. In the case of a corner lot fronting on three or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
(5) The limitations imposed by this subsection upon the location of an accessory building shall be waived when the accessory building is incorporated as an integral part of or enclosed by the same closing walls as the building to which it is an accessory.
(6) There shall be no more than one such structure on any lot in the R-9, R-11, R-15 and R-22 Districts, exclusive of a detached garage, or two such structures on any lot in the R-45 and R-87 Districts, exclusive of a detached garage.
(7) An accessory structure shall not be utilized for the storage of flammable or hazardous material or for materials utilized in conjunction with a home occupation.
(8) Accessory structures in addition to sheds shall include detached garages, personal/decorative greenhouses, and personal/decorative gazebos.
(9) Decorative and/or personal greenhouses shall be permitted as accessory structures in all single-family residential districts. Such greenhouses shall not exceed 900 square feet, shall be located in the rear yard and shall meet all accessory structure setback requirements.
R. Design of dwellings.
(1) No more than one building permit shall hereafter be issued for any dwelling to be erected in a subdivision consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite side of the street within 300 feet of said proposed dwelling.
(2) Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one or more of the following characteristics:
(a) The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
(b) The same basic dimensions and floor plans are used without substantial change in orientation of the house on the lot.
(c) The height and design of the roofs are without substantial change in design and appearance.
(d) The appearance and arrangement of the windows and other openings in the front elevation, including the appearance and arrangement of the porch and garage, are not substantially different from adjoining dwellings.
S. Additions and expansions. The intent of this subsection is to recognize existing conditions, footprints and established general setbacks of residential neighborhoods throughout the Township. This would permit the expansion of existing residential structures to meet the needs of today's households without requiring variances. Therefore, notwithstanding any other provisions of this chapter, in a residential district for residential uses where a dwelling unit is considered nonconforming due to a front and/or side yard setback a variance is not required if the following conditions are met:
(1) The proposed addition or expansion relates to the front and/or side yards.
(2) The limits of the proposed addition or expansion are less than or equal to the existing setback conditions footprint or the proposed setbacks are consistent with the average setbacks on the block with the height not to exceed 35 feet.
(3) In no case shall the side yard be permitted to be less than five feet, including architectural projections, without variance relief.
(4) The property has not been the subject of any previous action of the Zoning Board of Adjustment.
T. Central air-conditioning equipment/unit and generators.
(1) No central air conditioning equipment/units or generators shall hereafter be permanently installed to serve an existing dwelling erected on a lot located in any residential district of the Township of Pequannock, unless such air conditioning equipment and/or generator meets the requirements of this chapter and a permit to do so is first obtained from the Zoning Department. The zoning permit shall be accompanied by a survey prepared by a licensed land surveyor of the State of New Jersey, showing the property lines of the lot, the location of the building or structure, the front, side and rear yard dimensions and the proposed location, drawn to scale, of the central air conditioning equipment/unit or generator.
(2) All generators must be at least five feet from any window or opening into the building. This measurement is from any part of the generator. There are no exceptions from this requirement.
(3) All central air conditioning equipment/units or generators must be located in the side and rear yards.
(4) All central air conditioning equipment/units or generators shall be set back at least 1/2 of the required side yard and rear yard setback of the principal building.
(5) Air conditioning equipment/units or generators shall not be permitted in the front yard. Corner lots have two front yards.
(6) All central air conditioning equipment/units or generators must be entirely shielded from view, from the street, by an existing or proposed evergreen buffer with a minimum planted buffer that is equal to or greater than the height of the central air conditioning equipment/unit or generator. Such buffer shall include two staggered rows of evergreen shrubs. Fences, pools, sheds, etc. shall not be considered valid evergreen buffers. The buffer must be shown on the plan submitted and include the type and size of trees.
(7) The generator shall be installed in accordance with the most current editions of the National Fire Protection Association, the National Electrical Code, the International Fire Code, New Jersey Edition, the International Plumbing Code, New Jersey Edition and the International Residential Code, New Jersey Edition.
(8) The exhaust of the generator shall, as much as practically feasible, be vented upwards or directed away from neighboring properties.
(9) Generators shall be operated for routine testing and maintenance purposes not more than one time in any seven-day period, and no test shall exceed 30 minutes. Testing of generators is permitted Monday through Thursday only (excluding holidays) between the hours of 11:00 a.m. and 3:00 p.m.
(10) Testing generators may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m., Monday through Saturday, excluding holidays.
U. Pool equipment. All pool equipment shall be located in the rear yard or side yard and shall be no closer than 10 feet to the property line.
V. Temporary storage units.
(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:
TEMPORARY STORAGE UNITA unit greater than three feet in length by three feet in width by three feet in height rented or owned for use by the property owner for storage of personal, business or commercial items or used for the packing or storage of items for permanently moving to or from the residence or temporarily storing items during a renovation of the main residence.
(2) Application required. No temporary storage unit shall be placed on or at a residential property without obtaining a zoning permit. To obtain a permit, the property owner(s) or property manager, in the case of rental units, shall obtain approval from the Zoning Officer.
(a) Applications shall include the following:
[1] The names, addresses and telephone numbers of the owner or manager of the property on or at which the temporary storage unit is to be placed.
[2] The names and addresses and telephone numbers of the individual company which owns the temporary storage unit.
[5] Copy of the Department of Construction and Land Use permit, where applicable.
[6] Any other information the Zoning Officer may require to determine the full compliance with other applicable ordinances of the Township.
(b) In the case of a tenant or property owner using the same temporary storage unit for the purposes of moving between properties within the Township, only one permit will be required; however, a survey shall be submitted for both locations.
(3) Size of temporary storage unit. Temporary storage units shall be no greater than eight feet in height, 18 feet in length and eight feet in width or no greater than a total of 1,200 cubic feet.
(4) Number of temporary storage units. One temporary storage unit shall be permitted per residential property.
(5) Location of temporary storage units. The placement of temporary storage units shall meet all of the following provisions:
(a) The storage unit shall be placed either in the driveway or in an approved paved parking area at the furthest accessible point from the street at least 10 feet from the curb.
(b) The storage unit shall not be placed within any public right-of-way or roadway including sidewalks.
(c) In a multifamily residential complex, the storage unit shall be placed as close as possible to the dwelling utilizing the storage unit.
(d) At the discretion of the Zoning Officer, the storage unit may be placed in an alternative location provided that the alternative location does not create an unsafe location.
(6) Duration.
(a) During any twelve-month period commencing from the date of issuance of a permit, one temporary storage unit may be placed on or at a residential property for a period not to exceed 30 total days to load and 30 days total days to unload. The temporary storage unit must be removed within 14 days of the issuance of any final certificate of occupancy related to any building permit or one month, whichever is less.
(b) During any twelve-month period commencing from the date of issuance of a permit, one temporary storage unit may be placed on or at a residential property for up to one month for interior renovations/construction that does not require any building permit from the Department of Construction and Land Use.
(c) Properties subject to flood elevation shall be exempt from the durational limitations during the period in which elevation construction is being conducted but shall not exceed eight months from delivery date of the temporary storage unit.
(7) Fees.
(a) The fee for a temporary storage unit permit shall be as provided in Chapter
152, Fees.
(b) The Township of Pequannock shall not prorate the temporary storage unit fee if the unit is removed prior to the end of the fee period.
(8) Guidelines.
(a) No temporary storage unit shall be used to store solid waste, construction debris, demolition materials, recyclable materials, business inventory, commercial goods or goods for property other than at the residential property where the storage unit is located.
(b) Storage of hazardous materials within the temporary storage unit is prohibited.
(c) Temporary storage units shall be locked and secured by the property owner, tenant or property manager at all times when loading or unloading is not taking place.
(d) The property owner, tenant or property manager or user of the temporary storage unit must secure it in a manner that does not endanger the safety of person or property in the vicinity of the temporary storage unit. In the event of severe weather conditions in which the unit may become a physical danger to persons or property, the Township of Pequannock may require the removal of the storage unit.
(9) Occupancy of container prohibited. No human or animal shall occupy the temporary storage unit except for the express purpose of loading or unloading the container. No heat or electric source of any kind shall be placed in a container.
(10) Separate violations. Each and every day that a temporary storage unit remains on the property beyond the applicable permitted time shall be considered as a new and separate violation. Each and every temporary storage unit more than the quantity of one located on the property shall be considered a new and separate violation.
(11) Violations and penalties. Any person who shall violate any provision of this Subsection
V shall, upon conviction, be punished by a fine not to exceed $200 for each violation or by imprisonment for not more than 90 days, or by an order to perform community service, or a combination thereof, in the discretion of the Municipal Judge.
W. Decks.
(1) Decks will not be counted toward building coverage if the following conditions are met:
(a) The deck is less than or equal to six feet in height as measured from its lowest corner.
(b) The deck area is less than or equal to 15% of the footprint of the residence or 400 square feet, whichever is less, and does not conflict with Subsection
W(1)(a) above.
(2) Any deck that is greater than six feet in height shall be counted toward building coverage.
(3) The area of the deck that is greater than 15% or 400 square feet and does not meet the requirements of Subsection
W(1)(a) above shall be counted toward building coverage.
X. Cultivation of cannabis. Cultivation of cannabis shall be permitted in the AG Zone District only when associated with a preexisting farming use and only when each of the conditions for the cultivation of cannabis set forth in §
360-47U for this use are met.