It is the intent of this article is to regulate accessory structures and uses that are customarily incidental to the principal permitted uses delineated in Schedule I, Residential Zone, at Article
X, §
207-27.
There shall be submitted to the Zoning Officer or other appropriate
official a survey of any age, sealed or unsealed, which contains the
name and signature of a licensed surveyor, showing the proposed location
of a proposed accessory structure, wall, fence, generator, air conditioning
unit or temporary storage structure, along with an affidavit of "no
change" from the property owner provided no changes were made since
the date of the survey. If changes were made to the property after
the survey was performed, those changes must be marked up on the submitted
survey, along with an affidavit from the property owner indicating
that the marked-up survey reflects the current as-built condition.
The survey, including any markups and dimensions, must be to scale,
and cannot be a reduction or enlargement of the original survey.
Accessory structures and uses shall not be permitted on any
residential lot unless a primary structure exists. All utilities in
an accessory structure may be installed only after obtaining the necessary
zoning, building and fire permits, as applicable to the installation.
A. Any structure on a property other than the primary residence may
be considered an accessory structure;
B. Shipping containers of any size cannot be considered as an accessory
structure;
C. All accessory structures will be considered in calculating the property's
allowable impervious coverage;
D. Sheds, detached garages and other accessory structures require a
zoning permit prior to any construction;
E. Fences and walls require a zoning permit prior to any construction per §
207-147.
Fences and walls having an exposed height of 2 ft. or more shall constitute permitted accessory structures. Such fences and walls require a zoning permit prior to the construction of same. A survey must be submitted with the permit application. Any wall having an exposed height of 2 ft. or more shall require a soil disturbance permit in accordance with Chapter
169. Any wall having a total height of 4 ft. or more, as measured from the bottom of the foundation, may require a building permit in accordance with UCC rules.
A. General requirements.
(1)
The finished side of every fence must face the property adjoining
the lot on which the fence is erected.
(2)
No fence or wall shall be erected or maintained at a height
or in a location that would limit or restrict sight distance for any
street or driveway under the Residential Site Improvement Standards,
N.J.A.C. 5:21-1.1 et seq., or any other regulation of the Borough
of Kinnelon, the County of Morris, or the State of New Jersey.
(3)
No fence may contain razor ribbon or barbed wire.
(4)
Electrified fences are prohibited.
(5)
No fence shall be constructed or maintained in any manner which
creates an unreasonable risk of harm to persons or animals.
(6)
No fence or wall shall be erected or maintained closer than
6 inches to any property line.
(7)
No fence/wall combination may exceed 6 ft. in combined height,
measured from grade.
(8)
Fences constructed above or on top of retaining walls may be
separated from the retaining wall below by a horizontal distance equal
to the height of the retaining wall or the fence, whichever is greater.
Fences and walls constructed in compliance with this spacing guideline
shall be deemed to constitute separate structures for purposes of
calculating height. Otherwise, such fences and walls shall be deemed
to constitute one structure for purposes of height calculations. Fences
less than 25% solid that do not exceed four feet in height shall be
exempt from the requirements of this subsection.
(9)
Any wall having an exposed height of 30 inches or more, shall
have a permanent railing meeting the height and space opening requirements
of railings required for decks per the IRC or shall have a permanent
fence meeting the pool code requirements. Any wall having an exposed
height of 10 ft. or more shall have a permanent fence meeting the
pool code requirements.
B. Fences and walls located closer to the street than the principal
building.
(1)
No wall except a retaining wall shall be erected or maintained
closer to a street line than the closest point of the principal building.
Such retaining walls shall not exceed 4 feet in height.
(2)
Fences erected or maintained closer to a right-of-way than the
closest point of the principal building shall not exceed 4 feet in
height.
(3)
No fence which is 25% solid or more shall be erected or maintained
closer to any street line than the principal building except for a
decorative fence such as a picket fence.
C. Fences and walls in side and rear yards.
(1)
No fence or wall erected or maintained in any side or rear yard
shall have a height exceeding 6 feet.
(2)
Fences and walls erected in side and rear yards may be up to
100% solid.
D. Fences or walls for swimming pools, hot tubs, and similar facilities.
Swimming pools, hot tubs, and similar facilities shall be screened
from all adjoining properties by a solid fence or wall in accordance
with Appendix G, Swimming pools, Spas and Hot Tubs, of the 2009 International
Residential Code as revised and updated from time to time.
E. Fencing for certain athletic facilities. The provisions of this section
shall not apply to fences for athletic fields or tennis courts on
public property or public school property.
F. Zoning permit required. No fence or wall regulated by this section
shall be erected, constructed, installed, altered, modified, enlarged
or extended except in accordance with a zoning permit issued by the
Zoning Officer.
This section shall apply to temporary storage structures or units as defined in Article
II, §
207-4.
A. General requirements. The following shall apply to a temporary storage
structure or a temporary storage structure unit to be located upon
residential private property:
(1)
The internal area shall be limited to a size of not less than
392 cubic feet (7 feet x 7 feet x 8 feet) and not greater than 1,024
cubic feet (16 feet x 8 feet x 8 feet).
(2)
The temporary storage structure or unit shall not contain advertising
or other writing, except to identify the manufacturer or owner of
the temporary storage structure or unit.
(3)
No more than one temporary storage structure or unit shall be
located on a single parcel of private property.
(4)
At the time of application to the Zoning Officer for a zoning
permit for a temporary storage structure or unit, the applicant shall
provide a survey of the property. The Zoning Officer shall mark the
survey with the location the temporary storage structure unit is to
be placed.
(5)
A temporary storage structure or unit may be placed on private
residential property only after a zoning permit is issued by the Zoning
Officer to the owner of such property.
(6)
An applicant may request a 30-day permit, a 60-day permit or
a 90-day permit.
(a)
30 day and 60 day permits may be renewed up to a maximum total
of 90 days. A zoning permit extension application shall be submitted
to the Zoning Officer prior to the expiration of the initial period.
(b)
The permitted temporary storage structure or unit shall not
remain on such private property after the expiration of the initial
permit period unless a further extension zoning permit shall be applied
for and issued prior to the said expiration.
(7)
In no event shall a temporary storage structure or unit remain
on private residential property for any period beyond 90 consecutive
days from the date of issuance of the initial permit.
(8)
Permit and extension requests for temporary storage structures
or units on properties not owned by the applicant shall be accompanied
by an original, written consent of the owner, landlord or governing
body of a tenant/condominium association. This consent shall specify
a requested location on the property and the requested duration.
B. Location.
(1)
A temporary storage structure or unit is prohibited from being
located within a public right-of-way. No temporary storage structure
shall obstruct the visibility or free flow of pedestrian or vehicular
traffic.
(2)
A temporary storage structure or unit shall be located in a
driveway or other property location at the furthest point from the
street.
(3)
The Zoning Officer shall determine the location on the private
property where the temporary storage structure or unit shall be located.
The Zoning Officer's determination shall be guided by due consideration
for accessibility and safety.
C. Required permit fees.
(3)
90-day permit: $75.
A zoning permit extension application for any period following
the expiration of the initial period shall be accompanied by a permit
fee of $25 for each additional 30 days. No permit may exceed a total
of 90 days.
D. Enforcement; violations and penalties.
(1)
The Zoning Officer or the Police Department shall be responsible
for enforcing the provisions of this section.
(2)
The owner of private property within the Borough of Kinnelon
upon which any temporary storage structure or unit is located without
the prior approval of the Zoning Officer required pursuant to this
article shall be subject to the penalties set forth below:
(a)
Any temporary storage structure or unit not in compliance with
this section is and shall be declared to be a public nuisance and
may be abated by the Borough at the expense of the owner of the private
property, the owner of the temporary storage structure or unit, or
other person or legal entity deemed responsible.
(b)
The owner of the private property, the owner of the temporary
storage structure or unit, or other person or legal entity deemed
responsible for a temporary storage unit not removed within five (5)
days after the date of a written notice of violation issued under
this article shall be subject to a summons to the municipal court
of the Borough and a fine.
(c)
Fines are to be determined as follows: failure to obtain the
necessary permit: up to $100 per day, per violation, beginning on
the 6th day after issuance of a notice of violation.