The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Part 2; if already less than the minimum required by this chapter, said area or dimension shall not be further reduced.
A.
Required yards.
(1)
Every lot shall include front, side and rear yards having the
areas and dimensions required within the particular zone in which
said lot is located.
(2)
No yard or other open space provided for any building for the
purpose of complying with the provisions of this Part 2 shall be considered
as providing a yard or other open space for any other building on
any other lot.
(3)
No land in a residential zone shall be used to fulfill open
space, minimum areas, minimum yard and setback requirements, parking
or other similar requirements for uses in nonresidential zones.
B.
Front yards of through lots. In the case of a lot running through
from one street to another, the frontage of such a lot, for the purpose
of this Part 2, shall be considered that frontage upon which the majority
of the buildings in the same block front, but in case there has been
no clearly defined frontage established, the front lot line shall
be the line upon which the primary entrance of the principal building
faces, or will face when constructed.
C.
Projections and encroachments. Yards and courts required by this
Part 2 shall be free of buildings, structures or parts thereof, and
no building or structure shall project into any front, side or rear
yard required by this Part 2, nor shall use be made of such yard,
except as follows:
(1)
Unenclosed porches, including steps extending not more than
72 inches from the building line and not exceeding more than 20 square
feet in size; window wells affording light and air to basement and
cellar areas. Cornices and eaves may project not more than two feet
into any required yard. Chimneys may project not more than two feet
into any required yard.
(2)
Driveways providing access to permitted garages or parking areas:
provided, however, that, in residential zones, driveways used to provide
access to private garages shall not be wider than 20 feet.
(3)
Sills, leaders and similar ornamental or structural features
may project not more than six inches into any required yard.
(4)
Fences and retaining walls, where specifically permitted in
this chapter.
(5)
Freestanding flagpoles, television antennas and radio aerial
masts, children's playground equipment, outdoor fireplaces and yard
clotheslines and posts, but must be set back at least five feet from
any property line. Except for freestanding flagpoles, such structures
shall not be located in the front yard.
(6)
Accessory buildings and uses, including swimming pools, where
specifically permitted in this chapter.
(7)
Residential heating and cooling units, if located in the side
yard, shall be buffered from adjacent neighbors with evergreen plantings
to help mitigate visual appearance, noise and vibration.
D.
Lots abutting municipal parking lots. Any nonresidential lot abutting
a municipal parking lot shall be required to meet only 1/2 of the
minimum yard requirements for the zone in which located for the yard
abutting the municipal parking lot.
Every principal building shall be built upon a lot with the
minimum required frontage upon an approved street which shall be improved
in accordance with the street standards established by the Borough
of Prospect Park or the Residential Site Improvement Standards (RSIS),[1] as applicable.
[1]
Editor's Note: See N.J.A.C. 5:21.
A.
Only one principal building may be erected in the R-1 through the
R-2 Zones. In all other zones, related compatible buildings under
one management may be erected, used or occupied, provided that all
other open space, setback and coverage requirements of this Part 2
are met.
B.
No new building shall be constructed on, or any existing building
altered or moved onto, any lot for use as a dwelling when there exists
on said lot a building which is being used for dwelling purposes.
No building other than a structure permitted in and by this Part 2
shall be constructed in front of or moved to the front of a principal
building situated on the same lot.
A.
Appurtenances attached to principal structures. Church spires, belfries,
domes or antennas attached to buildings, penthouses (not for human
occupancy), chimneys, ventilators, skylights, water tanks, bulkheads
and necessary mechanical appurtenances usually carried above roof
level shall not be considered when determining the height of the building
and are not subject to height limitations, except that such features
shall not exceed 20% of total roof area and shall not exceed a height
such as is necessary to accomplish the purpose for which it is intended
to serve. Within the Q-MR-1 and Q-MR-2 Districts, appurtenances attached
to principal structures may not extend more than 15 feet above the
building deckline.
B.
Freestanding noncommercial accessory structures. Water towers and
radio and television antennas which are erected as freestanding structures
may be erected to a height which can be demonstrated to the Board
is necessary to accomplish their intended function. Federally licensed
amateur radio facilities shall be subject to Federal Communications
Commission (FCC) rules which govern the height of licensed amateur
operator radio antennas. The height of the tower or antennas shall
conform with U.S. Federal Communications Commission regulations governing
licensed amateur radio operators and, if required, Federal Aviation
Administration (FAA) notification and FCC approval. All freestanding
noncommercial accessory structures shall not be located within any
required front, side or rear yard setback areas and shall be subject
to the structural provisions of the New Jersey Uniform Construction
Code.
A.
General requirements.
(1)
No accessory building shall be constructed on any lot on which
there is not a principal building structure.
(2)
Any accessory structure attached to the principal building shall
be considered part of the principal building.
(3)
On through lots, no accessory structure erected in the rear
yard shall be nearer to the rear street line than the minimum front
yard setback for the zone in which such lot is located.
B.
The following requirements shall be complied with in all residential
zones:
(1)
No accessory building shall be used for human habitation.
(2)
No accessory building shall have floor or ground area in excess
of 500 square feet or 1/3 of the floor or ground area of the principal
building, whichever is greater.
(3)
Except as specifically permitted elsewhere in this Part 2, no
accessory building or structure shall exceed 15 feet in height.
(4)
No accessory building or structure shall be permitted in any
front yard.
(5)
Except as permitted elsewhere in this chapter, accessory buildings
built in a rear yard on interior lots shall be no closer than three
feet to any side or rear property line of the lot containing said
accessory building; provided, however, that no accessory building
shall be located closer than five feet to said line on any lot which
has a rear lot line that serves as a side line of an adjoining property.
C.
The following requirements shall be complied with in all nonresidential
zones:
D.
Requirements for specific accessory structures and uses.
(1)
Minor home occupations.
(a)
Minor home occupations shall be permitted as accessory uses
in all residential zones and shall be exempt from approval by the
Land Use Board if the following standards are satisfied.
[1]
The practitioner must be the owner or lessee of the residence
in which the minor home occupation is contained.
[2]
The practitioner must reside in the home.
[3]
There are no nonresidential employees working on the premises.
[4]
There is no external evidence of the minor home occupation.
[5]
There are no retail sales conducted on the site.
[6]
No clients will visit the site.
[7]
There is no sign identifying the minor home occupation, and
there is no identification of such minor home occupation upon any
mailbox.
[8]
There are no delivery vehicles other than those associated with
the residential use on site.
[9]
The minor home occupation is clearly incidental and subordinate
to the principal use of the dwelling for residential purposes. The
maximum area devoted to the minor home occupation shall be limited
to not more than 25% of the total area of the floor where located,
excluding space used for a private garage or 400 square feet, whichever
is smaller.
[10]
No equipment or process shall be used in such
minor home occupation which creates noise, glare, fumes, odors, electrical
interference, medical waste or other nuisance factors detectable to
the normal sense or to radio, telephone or television equipment off
the lot.
(2)
Amusement machines. Such machines shall be permitted in the
B-C, B-G-1, B-G-2, and VCR Zones as accessory uses to establishments
where the primary use is a recreational/entertainment use, such as
bowling alleys and theaters, in accordance with the following limitations:
(a)
There shall be 60 square feet of operating area for each machine.
The calculations of the operating areas shall exclude any area of
the premises which is used for other purposes, but shall include access
and walkways primarily serving the machine.
(b)
Not more than five such machines as accessory uses shall be
permitted in any single establishment.
(c)
The maximum area devoted to such machines (60 square feet x
number of licensed machines) shall not constitute more than 30% of
the gross floor area of establishment.
(3)
Satellite antennas.
(a)
Permitted districts.
[1]
A satellite antenna shall be permitted as an accessory use in
all zone districts. Satellite antennas shall require site plan approval
from the Land Use Board, except where accessory to a one- or two-family
residential use. In the case of a one- or two-family residential use,
the application shall be determined by the Construction Official or
by the Zoning Board of Adjustment function of the Land Use Board whenever
a request for interpretation is necessary or variance is requested
by the applicant.
[2]
Whenever an antenna is accessory to a one- or two-family dwelling;
whenever an applicant claims that any general regulation standard
must be modified because of inability to obtain a reasonably satisfactory
signal, impracticability, under hardship or other criteria for modification;
or whenever the adequacy of and/or reasonableness of screening is
in issue, such application shall be referred to the Board of Adjustment
function of the Land Use Board for interpretation pursuant to N.J.S.A.
40:55D-70b.
(b)
Application. The plans of such antenna shall be submitted with
each application for a building permit, which shall include:
[1]
A site plan drawn at a scale of no smaller than one inch equals
20 feet indicating the diameter, location, setbacks, and screening
(if ground-mounted) and a mounting detail drawn at a scale no smaller
than 1/2 inch equals one foot zero inches indicating height, color,
style or type and method of installation. The plans must be prepared
by a New Jersey professional engineer or other qualified expert with
a statement that the proposed installation complies with the requirements
of the Uniform Construction Code.
[2]
The name and address of the applicant and owner of the property
on which the satellite antenna is to be located.
[3]
The tax lot and block numbers and the property lines of the
property.
[4]
All existing buildings and structures and all accessory buildings
and structures on the property.
[5]
Such other information as required by development procedures
of this chapter.
[6]
Applications for the installation of satellite antennas capable
of transmitting and receiving signals will additionally be required
to submit a report prepared by a radio frequency engineer. The minimum
requirements of this report are as follows:
[a]
The calculated levels of electromagnetic field
intensities (EMP-power densities) compared to allowable residential
environment continuous exposure to levels as per accepted industry
standards.
[b]
An analysis of the findings and conclusion.
[c]
Copies of data, sketches and specifications which
are the basis for the calculations and analysis. The conclusions shall
include an assessment of relative health risk to people living or
working near the proposed facility.
[7]
If a ground-mounted transmit/receive-type antenna is proposed,
the site plan shall additionally include the proposed location of
a protective fence surrounding the antenna on all sides necessary
to address all health and safety issues.
(c)
Performance standards.
[1]
No satellite antenna may be placed in the front yard of any
lot in the Borough. A corner lot shall be deemed to have a front yard
facing each street.
[2]
Receive-only satellite antennas 36 inches in diameter or less
shall be located on the roof. Receive-only satellite antennas greater
than 36 inches in diameter shall be placed on a lot only in the rear
yard; provided, however, that on a clear and convincing showing by
an applicant that a reasonably satisfactory signal cannot be obtained
from a rear yard location, the Board may permit the antenna to be
located in the side yard, and if such signal cannot be obtained in
either rear or side yard, the Board may permit the antenna to be located
on the roof of any principal or accessory building on the lot.
[3]
A transmit/receive satellite antenna shall be placed on the roof of the principal building of the lot; provided, however, that on a clear and convincing showing by an applicant that this requirement is impracticable or would cause undue hardship or that installation elsewhere would substantially further the purposes and objectives of this subsection without substantial adverse impact on adjoining properties, the Board may permit the antenna to be located in the rear yard of the lot. If a ground-mounted transmit/receive-type antenna is proposed, the site plan shall include the proposed location of a protective fence, a minimum of four feet in height, surrounding the antenna on all sides. The proposed fence shall be constructed in accordance with Part 3 of this chapter.
[4]
All satellite antennas shall not be closer to the side property
line than a distance equal to the diameter of said antenna or side
yard setback requirement for the principal structure on the lot, whichever
results in the greatest setback.
[5]
All satellite antennas shall not be closer to the rear property
line than a distance equal to the diameter of said antenna or rear
yard setback requirement for the principal structure on the lot, whichever
results in the greatest setback.
[6]
When mounted on the ground, the overall height from the surrounding
ground level to the lowest point of the antenna shall not exceed two
feet, except in instances where additional clearance is needed to
satisfactorily receive and/or transmit signals. No ground-mounted
satellite antenna shall exceed 12 feet in height, as measured from
the average grade of the base of the antenna to the highest point
of the antenna.
[7]
Roof-mounted antennas.
[a]
Flat roofs and mansard-style roofs. No roof-mounted
satellite antenna may extend above the roofline more than nine feet
six inches when mounted on a flat roof or mansard-style roof. However,
upon a showing that such a roof-mounted antenna will not receive adequate
reception under the restrictions of this subsection, the minimum height
necessary for reasonable satisfactory reception my be allowed. Roof-mounted
antennas on a flat roof shall be located in the center of the roof
structure to reduce visibility.
[b]
All other style roofs. No roof-mounted satellite
antennas may extend above the highest point of the roof more than
three feet when mounted on all other style roofs, and the roof-mounted
satellite antenna must be located on the portion of the roof facing
the rear yard or, if this would unreasonable limit signal reception,
the side yard. However, upon a showing that such a roof-mounted antenna
will not receive adequate reception under the restrictions of this
subsection, the minimum height necessary for reasonably satisfactory
reception may be allowed.
[8]
The diameter of satellite antennas shall not exceed 12 feet
for C-band technology for receiving and shall not exceed eight feet
in diameter for Ku-band V Sat technology for transmitting. All satellite
antennas shall be of the mesh-type only, with not more than 85% of
the surface being solid.
[9]
All satellite antennas shall be painted a solid, dark, nonmetallic,
non-glossy color if ground-mounted. Roof-mounted antennas mounted
on a flat roof or mansard-style roof shall be painted a solid, dark,
nonmetallic, non-glossy light to medium gray. When mounted on all
other style roofs, the satellite antenna shall be painted the color
of the surface to which it is attached.
[10]
The ability of the applicant to install a satellite
antenna in an unobtrusive location and to minimize the visual and
health impacts on neighboring properties shall be a major factor in
determining whether or not a permit is issued.
[11]
The number of allowable satellite antennas is
as follows:
[a]
For single-family and two-family dwellings, one
per building.
[b]
For attached dwellings, patio homes and duplex,
townhouse and multifamily dwellings, one per building.
[c]
For all other uses permitted in residential zones
not specifically provided for otherwise (e.g., schools, churches,
nursing, homes, etc.), one per building.
[12]
The satellite antenna may only be used for occupants
of the building located on the property.
[13]
When the use of a satellite antenna is abandoned
it shall be removed.
[14]
Satellite antennas may not be mounted on a portable
or movable structure, such as a trailer.
[15]
To the extent permitted by law, no satellite antenna
shall be located on or abutting any property which is located in the
National or State Register of Historic Places.
[16]
No satellite antenna shall be erected on a public
utility easement without the consent of the easement holder.
[17]
The proposed earth satellite station shall be
the smallest commercially available equipment based on the current
technology so as to minimize the visual impact on the surrounding
areas.
[18]
The satellite antenna may not be used as a sign.
[19]
All wiring or connecting cables between the satellite
antenna and the principal building on the site shall be buried underground.
[20]
Screening. Ground-mounted antennas shall be screened
as to minimize visibility from public streets and adjoining properties.
Screening shall be accompanied by the installation of landscaping
and/or fencing or in the form of a wall or structure enclosing the
antenna. The species, quantity, size and spacing of plant materials
shall be specified on the site plan. In order to reduce the height
of plant materials, soil berms may be used in conjunction with the
proposed landscaping. Any walls or structure shall be constructed
of plastic, fiberglass, or other approved materials which will not
impede the function and operation of the antenna. Any walls or structures
shall be constructed to be consistent with the surrounding site characteristics.
The requirements of this subsection shall not impose unreasonable
limitations on or prevent reception of satellite-delivered signals
by satellite and receiving/transmitting antennas or impose costs on
the users of such antennas that are excessive in light of the purchase
and installation cost of the equipment.
(d)
Such satellite antennas, appurtenances, landscaping and fencing
shall be kept and maintained in good condition.
(4)
Outdoor storage.
(a)
Outdoor storage of any kind is prohibited within the front yard.
(b)
The outdoor storage of any items, materials and equipment, other
than those customarily placed in courtyards and yards, incidental
to authorized residential use and occupancy, is prohibited in all
residential zones.
(c)
No outdoor vertical stacking of vehicles shall be permitted.
(d)
Outdoor storage of garbage trucks in any zone is specifically
prohibited.
(e)
No flammable or explosive liquids, solids or gases shall be
stored aboveground unless as otherwise required by applicable federal,
state or local regulations. Tanks or drums of fuel directly connecting
with heating devices or appliances located on the same premises as
the tanks or drums of fuel are excluded from this subsection.
(f)
All outdoor storage facilities shall be enclosed by a fence
or wall adequate to conceal such facilities and the contents thereof
from adjacent property and shall meet all required accessory building
setbacks for the zone in which located. This provision shall not apply
to outdoor storage of new cars or other vehicles on the premises of
a dealer.
(g)
No materials or wastes shall be stored on any premises in such
form or manner that they may be transferred off such premises by natural
causes or forces such as wind or water.
(h)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard, or which may be edible by or otherwise attractive
to rodents or insects, shall be stored outdoors only in closed containers.
(5)
Decks, patios and terraces over two feet in height must meet
the required yard setbacks for principal buildings.
(6)
Swimming pools.
(a)
No pool shall be closer than 10 feet to any side or rear lot
line.
(b)
On any corner lot, no part of any private swimming pool shall
be constructed within the front yard area required to be provided
on either street.
(c)
Artificial lights used or maintained in connection with a private
swimming pool shall be so located and shielded that the illumination
therefrom is not directed upon any adjacent property.
(d)
No private swimming pool shall be used other than as an accessory
use of the premises whereon it is located.
(e)
The fence requirement set forth in this section shall be complied
with.
(f)
Any buildings or structures erected in conjunction with a swimming
pool shall comply with the provisions of accessory structures.
(7)
Commercial trailers, tractors and mechanized equipment in residential
zones. Except as permitted in this section, commercial and industrial
trailers, tractors, construction machinery and equipment, commercial
trucks and vehicles greater than 6,000 pounds, or any open trailer,
shall not be kept, placed or stored in any residence zone, except
in the following instances:
(a)
Equipment and machinery used in connection with the construction,
alteration, removal, or demolition of any buildings or structure or
the excavation of any land may be permitted to stand upon the premises
where such work is being undertaken while the same is in progress.
(b)
The equipment is stored in the garage.
(8)
Mobile dwelling, trailer and recreational equipment. No mobile
dwelling, trailer or any recreational equipment shall be stored or
parked on any premises in any residential zone district within the
limits of the Borough of Prospect Park, except as hereinafter provided.
(a)
No mobile dwelling, trailer or recreational equipment shall
be stored or parked within any residential district other than that
lot upon which the principal residence structure of the actual owner
of the recreational equipment is located.
(b)
No mobile dwelling, trailer or recreational equipment shall
be stored or parked at any time when said premises are not being occupied,
except for vacation absences.
(c)
All mobile dwellings, trailers or recreational equipment shall
be stored or parked to the rear of the rear building line of the principal
building and shall comply with accessory building setbacks.
(d)
All mobile dwellings, trailers or recreational equipment must
be kept clean and in good repair at all times and shall carry a current
year's license or registration as required by law.
(e)
All mobile dwellings, trailers or recreational equipment shall
be maintained in mobile condition.
(f)
No mobile dwelling, trailer or recreational equipment shall
be used for sleeping or dwelling purposes while on said premises and
shall not be commercially stored or offered or displayed for sale.
Such recreational equipment shall not be connected with any electric,
water, gas or sanitary sewer facilities.
(g)
No mobile dwelling, trailer or recreational equipment shall
be stored, parked or maintained so as to create a dangerous or unsafe
condition on the premises where parked.
(9)
Family day-care homes. Family day-care homes are permitted as
accessory uses in all residential zones.
(10)
Automated teller machine (ATM). Outdoor ATMs are permitted in association with on-site financial institutions, in accordance with the bulk and design standards of this chapter. Measures to enhance personal security at the ATM stations shall be provided. Other commercial uses shall be permitted to contain indoor ATMs that may operate during normal business hours and will be subject to Article XXV, Sign Regulations, of this chapter, where applicable.
(11)
Certain nonresidential accessory uses.
(a)
Vending machines. In the B-C, B-G and VCR Zone Districts a nonresidential
property is permitted to have two outdoor vending machines in accordance
with the following:
[1]
The machine(s) shall be appropriately located so
as not to interfere with sight triangles, required setbacks, on-site
circulation, landscaping and parking.
[2]
The machine(s) shall be accessory to an existing
nonresidential use.
[3]
A zoning permit for outdoor vending machines shall
be required. The permit shall be granted when it is determined by
the Zoning Officer that the most appropriate location for the machine(s)
has been achieved.
(b)
Used clothing bins. In the B-C Zone District, a nonresidential
property is permitted to have up to two used clothing bins in accordance
with the following:
[1]
The bin(s) shall be appropriately located so as
not to interfere with sight triangles, and on-site circulation, required
setbacks, landscaping and parking.
[2]
The bin(s) shall be accessory to an existing nonresidential
use.
[3]
A zoning permit for used clothing bins shall be
required. The permit shall be granted when it is determined by the
Zoning Officer that the most appropriate location for the bin(s) has
been achieved.
(c)
Phone booths, mailboxes and courier boxes and newspaper distribution
boxes. These items may not be located in required sight triangles
and should be located so as to not interfere with pedestrian or vehicular
circulation and safety. These uses are recommended to be aesthetically
pleasing as possible and to incorporate a design theme where appropriate.
In the case of lots upon which an existing structure is located,
the side yard requirement may be reduced by six inches for each foot
by which a lot is less than a minimum width requirement for the zone
in which located. In any case, the side yard width for either side
yard shall not be reduced to less than 50% of the requirement of the
zone.
