Definition. As used in this section, the following terms shall have the meanings indicated:
A. 
Nonconforming use. A use or activity which was lawful prior to the adoption, revision or amendment or a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
B. 
Nonconforming uses run with the land, which means that the property owner's rights do not terminate upon change of ownership.
C. 
Nonconforming uses may not be enlarged or intensified without a variance, except where the change is negligible. Nonconforming uses may be restored or repaired only in the event of partial destruction but may not be continued if the destruction, whether voluntary or involuntary, exceeds partial destruction.
D. 
Nonconforming uses may not be changed to another use unless the proposed change in use is similar to the existing use.
E. 
A nonconforming use may not be continued where an abandonment of such use occurs. Abandonment requires the concurrence of two factors:
(1) 
An overt act or failure to act which implies that the owner neither claims nor retains any interest in continuing the nonconforming use; and
(2) 
An intention to abandon.
Definition. As used in this section, the following terms shall have the meanings indicated:
A. 
Nonconforming structure. A structure, the size, dimension, or location of which was lawful prior to the adoption, revision, or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision, or amendment.
B. 
Nonconforming structures run with the land, which means that the property owner's rights do not terminate upon change of ownership.
C. 
Nonconforming structures may not be enlarged or intensified without a variance, except where the change is negligible. Nonconforming structures may be restored or repaired only in the event of partial destruction, but may not be continued if the destruction, whether voluntary or involuntary, exceeds partial destruction.
A. 
Accessory buildings, structures and uses shall be permitted only on the same lot as the principal building to which they are accessory.
B. 
Accessory buildings, structures and uses shall not be such as to alter the character of the premises on which they are located and shall not encroach upon any front, side or rear yard unless otherwise permitted in this chapter.
C. 
All accessory buildings, structures or uses shall be governed by the bulk and area regulations of the zone in which they are located, except that storage sheds associated with one- and two-family dwelling units on the same lot as the principal structure may be located not closer than five feet to the side and rear lot lines but shall comply with the front yard requirement for a principal structure. Storage sheds on corner lots shall not be located nearer to any street line than the minimum required depth of a front yard in the zone in which the lot is located. Storage sheds shall not exceed 120 square feet and nine feet in height.
Family day-care homes in the R-1 Residential Zone shall be subject to the following requirements:
A. 
No change shall be permitted to the exterior of the home for the purpose of accommodating day-care use. However, the exterior of any new residential structure used as a home-based care center shall be architecturally designed as a residential unit compatible with the type of existing units or those yet to be located in the neighborhood.
B. 
The applicant shall be required to submit proof that the use is in harmony with the character of the neighborhood with consideration to population density, design, scale, and bulk of any structure and that no adverse impacts will be created.
C. 
A minimum of 30 square feet of usable activity indoor floor space for each child is required. Areas for administrative use, bathrooms, hallways, storage and kitchen areas, basements or attics shall not be included in this calculation.
D. 
A minimum of 75 square feet of outdoor play area per child is required on the residential lot. The area shall be well drained, completely fenced and not include driveways, parking areas or land unsuitable for outdoor play areas. Outdoor play areas shall also be readily accessible and free from hazardous conditions.
E. 
All outdoor play areas shall be screened from adjacent properties by a fence or wall at least six feet in height and screen plantings within a 15-foot setback area along property lines. Outdoor areas located near or adjacent to hazardous areas determined by the Board to be unsafe, including but not limited to streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high-voltage lines, or propane gas tanks, shall be fenced or otherwise protected by a natural or man-made barrier.
F. 
No outdoor play area shall be located in the front yard.
G. 
Family day-care centers must restrict their hours of operation to between 6:30 a.m. and 9:00 p.m. No outdoor play areas shall be used before 9:00 a.m. or after 8:00 p.m. There shall be no overnight care.
H. 
Any site lighting shall not reflect over the property line of the premises.
I. 
No signage shall be permitted for home-based care centers other than one unlighted nameplate of not more than one square foot attached to the home.
J. 
Adequate parking and loading/unloading areas shall be determined by the Board during site plan review of the center.
K. 
There shall be no detrimental impacts to the use, peaceful enjoyment, economic value or development of the surrounding properties or neighborhoods.
L. 
The home in which the use is located shall be the principal residence of the applicant.
M. 
No commercial vehicle shall be kept on the premises in connection with a family day-care home occupation.
N. 
No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with a family day-care center except in passenger automobiles owned by the resident and kept on the premises, or ordinary mail/delivery methods (e.g., UPS, FedEx).
O. 
Family day-care use of the dwelling unit shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
P. 
There shall be no nuisance element detectable beyond the principal structure in connection with the family day-care center.
Q. 
Family day-care shall be approved by the New Jersey Department of Children and Families (DCF).
Child-care centers shall be permitted as an accessory use in all nonresidential zones. In these zones, accessory child-care centers shall be permitted within churches or other places of worship, public schools, shopping centers, community, and public buildings, subject to site plan review and the following conditions:
A. 
The applicant shall provide substantial evidence that there is a definite need for the child-care center in the requested location and that the proposed child-care center will have no adverse impact on surrounding properties.
B. 
The child-care center shall have easy and direct access, and the entrance and exits shall be located away from areas of heavy vehicular and pedestrian traffic with limited contact with commercial and/or office uses.
C. 
The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
D. 
The child-care center shall not create any objectionable traffic conditions.
E. 
Parking areas, pedestrian walkways, or other exterior portions of the premise subject to use by child-care center occupants at night shall be illuminated to provide safe entrance to and egress from the center.
F. 
An outdoor play area shall be on the same lot as the child-care center. The area shall be graded, well drained, completely fenced and not include driveways, parking areas or land and uses otherwise unsuitable. All outdoor play areas shall include sheltered play space.
G. 
No part of any outdoor play area may be situated in the front yard.
H. 
Storage facilities for moveable outdoor play equipment shall be provided and such equipment shall be stored in these facilities when not in use. In addition, outdoor play equipment shall be designed to accommodate disabled children.
I. 
All outdoor play areas shall be screened from adjacent properties by a fence or wall at least six feet in height and screen plantings within a 15-foot setback area along all property lines. Outdoor areas located near or adjacent to hazardous areas determined by the Board to be unsafe, including but not limited to streets, roads, driveways, parking lots, railroad tracks, swimming pools, streams, steep grades, open pits, high-voltage lines, or propane gas tanks, shall be fenced or otherwise protected by a natural or man-made barrier or structure.
J. 
The child-care center may be identified only by signage which is consistent with the overall sign design theme of the particular development project or area in which the center is located.
K. 
Each child-care center shall be connected to public sewer and water facilities.
L. 
The site shall be free from any hazards to the health, safety, or well-being of the children.
M. 
The child-care center, including any outdoor play space provided, shall be so located, and designed that there shall be no objectionable impacts on adjacent or nearby properties due to noise, activity, visual or other objectionable conditions. The Board may require such special treatment in the way of design, screening or buildings, planting and parking areas, signs, or other requirements as it shall deem necessary to protect adjacent and nearby properties.
N. 
All child-care centers must be licensed by and meet the requirements of the New Jersey Department of Children and Families (DCF).
[Amended 3-10-2025 by Ord. No. 895-2025]
Except for wading pools which have a depth at any point of less than 15 inches or capacity of 300 gallons or less, the following regulations shall apply to in-ground and on-ground permanent swimming pools, and on-ground temporary swimming pools, tennis courts and similar recreational facilities that are accessory to a residential use:
A. 
Said use shall be located on the same lot as the principal structure.
B. 
Said use shall comply with the minimum yard requirements for principal structures.
C. 
Said use shall be appropriately screened and fenced to minimize adverse impact on adjoining properties.
D. 
A swimming pool shall be a permitted accessory use, and no swimming pool shall be permitted unless it complies with the requirements of this chapter and Chapter 237, as amended.
E. 
No existing or hereafter constructed swimming pool shall be located on a lot unless there is an occupied residence on such lot.
F. 
No swimming pool shall be hereafter constructed, installed, relocated, or reconstructed unless the pool itself and any apron, accessory building, structure, and equipment are all located at least 10 feet from all property lines and at least 30 feet from the property line of any street bordering the property in question. Swimming pools are prohibited in front and side yards.
G. 
Tennis courts may use a hurricane-type fence around the court area. The maximum height shall be six feet along the property line, and an additional one foot in height for every additional one-foot setback from the property line, not to exceed 10 feet.
H. 
Tennis court drainage shall be reviewed and approved by the Borough Engineer.
A. 
No person, firm or corporation shall break, cut, or otherwise damage or disturb any existing curb in the right-of-way of any public street except in accordance with this article.
B. 
An existing curb may be broken in order to permit the construction of a driveway for access to property contiguous to such curb, but only in accordance with this article.
C. 
The Zoning Officer shall, upon written request of the owner or contractor fixing the location and size of the opening, authorize the Borough Clerk to issue a permit where the property in question contains only a single-family dwelling and access is desired for the use of the occupants of such dwelling and the opening will not exceed 14 feet.
D. 
In all other instances, permission therefor shall be obtained from the Board upon written application and notice to other property owners as required in the case of a variance. The standards to be used by the Board in granting or denying such permission or in attaching such conditions as the Board may deem appropriate shall be:
(1) 
Increasing or aggravating the hazards of both vehicle and pedestrian traffic.
(2) 
The reasonable size of the opening in relation to the intended use.
(3) 
The existence of other means of access.
(4) 
Interference with the proper drainage of surface waters.
(5) 
Any other factor involving the public convenience or necessity.
E. 
The refinishing of all curb cuts shall be done in good and workmanlike manner.
A. 
Definitions. As used in this chapter, the term "fence" shall include the following:
(1) 
A hedge, structure, wall, or partition erected for the purpose of enclosing a piece of land.
(2) 
An enclosure of wood, iron, shrubs, hedges, or other materials intended to prevent intrusion from without or straying from within.
(3) 
An open-style, see-through fence is defined as having a minimum of 40% visibility through the fence when viewed from a point perpendicular to the fence.
B. 
Design requirements.
(1) 
Fences and walls shall be required to complement the structural style, type, and design of the principal building.
(2) 
When solid fences and walls used adjacent to or attached to buildings as architectural extensions, careful consideration shall be given to coordination with the lines, materials, and color of any principal structure.
(3) 
Fences and walls shall be constructed of durable materials and shall display a high level of quality in finish and detail. Walls with a lesser quality of finish and detail may be considered for approval if they are continuously screened by landscaping. Gates in walls and fences between streets and open areas may be required by the Board.
(a) 
Plantings shall be considered as part of any wall or fencing plan.
(b) 
The use of plant screens instead of fences is encouraged along property lines.
(c) 
Materials and construction:
[1] 
If the fence is wood or wood frame, the framework must face the interior of the lot or be finished on both sides.
[2] 
If the fence is open metal mesh supported by posts or frames of either pipe or wood, the posts and frames must face the interior of the lot.
[3] 
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
(4) 
Hedges shall be subject to the same provisions as regular fencing; provided, however, that they shall not be placed nearer than four feet to any sidewalk or any prospective sidewalk.
(5) 
The height of walls and fences shall be measured from the average elevation of the finished grade along the base of the wall or fence to its highest point.
(6) 
No fence, hedge or solid wall of any type shall be erected or maintained if it is deemed a safety hazard in obstructing the view of motorists.
(7) 
All fences erected shall be maintained in a safe, sound, and upright condition by the property owner, and all hedges shall be neatly maintained and trimmed in appearance and kept at a height not greater than prescribed by this chapter.
(8) 
No person shall erect a fence or wall before obtaining a permit from the Construction Official. Living fences shall not require a permit but shall be governed by the rules of this section. The cost of the permit shall be established in the Borough's Fee Ordinance.
(9) 
Existing fences at the time of adoption of this chapter shall be allowed to remain and to be maintained but cannot be replaced except by compliance with the rules set forth in this chapter.
(10) 
Existing living fences in areas not permitted by this chapter can be maintained at a height of not more than four feet. No living fence in violation of this chapter shall be replaced except by compliance with the regulations herein prescribed.
(11) 
Walls 48 inches or more are governed by the Uniform Construction Code.
C. 
Height restrictions.
(1) 
No fences hereafter erected, altered or reconstructed in the Residential Zone, Professional Office Zone, or on lots in any other zone on which residential buildings are erected shall exceed four feet in height above ground level between the front building line of the primary structure and the front property line, and said fences must be constructed of a see-through material. Fences in this area shall not be constructed of chain link or pipe rail or any other material that has a similar look.
(2) 
No fences hereafter erected, altered or reconstructed in any manner in a Residential Zone, Professional Office Zone, or on lots in any other zone on which residential buildings are erected shall exceed six feet in height above ground level between the rear building line of the primary structure and the rear property line. Chain link or pipe rail or any other material that has a similar look shall only be permitted between the rear building line of the primary structure and the rear property line, including inside the rear property line.
(3) 
On corner properties located at the intersection or interception of two or more streets, no hedge, fence, or wall shall exceed three feet above curb level, nor shall any obstruction to vision (other than a post not exceeding one square foot in cross section) be permitted within the triangular area formed by the intersecting street lines and a straight-line joining points located on said street lines 30 feet distant from their point of intersection. In the case of a tree located within the said sight triangle, a clear and unobstructed view shall be maintained in perpetuity from average grade level to a height of six feet.
D. 
Prohibited fences. The following types of fences are prohibited in all zones:
(1) 
Barbed wire or wire on which barbs or points are strung, attached, or fastened.
(2) 
Canvas, cloth, or electrical fences.
(3) 
Snow fences as a permanent fence.
E. 
Swimming pool fences excepted. The provisions of this chapter shall not control fences that are required adjacent to swimming pools. (See Chapter 237).
F. 
Encroachments on easements or rights-of-way.
(1) 
All fences must be erected within the property lines and no fence shall be erected which encroaches upon any easement or public right-of-way. The growth of any bush along a sidewalk area must not exceed a height of three feet, nor shall any boundary lines of any property growth extend within two feet of a sidewalk.
(2) 
Any property owner who has an existing bush, hedge or shrub or intends to plant the same must maintain the growth of the same and must not allow it to encroach on a neighbor's property.
(3) 
Any property owner who has any existing tree whose limbs extend over a neighbor's property due to growth forfeits the right of that portion of the tree to his neighbor.
G. 
Maintenance. All fences or hedges shall be maintained in a safe, sound, and upright condition and are the responsibility of the present owner.
H. 
Existing fences and hedges.
(1) 
Existing fences at the time of adoption of this chapter shall be allowed to remain and to be maintained but cannot be replaced except in compliance with the rules set forth in this chapter.
(2) 
Existing hedges or other living fences in areas not permitted by this chapter can be maintained at a height not more than four feet. No hedge or living fence in violation of this chapter shall be replaced except in compliance with the rules set forth in this chapter.
I. 
Inspections by Property Maintenance Inspector or Zoning Officer. If the Property Maintenance Inspector (if one has been appointed by the Borough) or Zoning Officer, upon inspection, determines that any fence violates the terms of this chapter, he shall notify the owner or occupant of the premises upon which the fence is located of his findings and the reason for such findings. He may order such fence or portion of such fence to be repaired or removed within 30 days of the receipt of the notice. This notice may be delivered in person, provided that the recipient signs and dates an acknowledgment of service, or by certified mail, return receipt requested.
J. 
Enforcement. After the expiration of the 30 days as provided herein, the Property Maintenance Inspector or Zoning Officer who issued the notice may cause said repair or removal to be effectuated if the owner or occupant has failed to make said repair or removal. In that event, the cost thereof shall become a lien upon such lands and, as such, become part of the taxes next to be assessed and levied on such lands as provided by the laws of the State of New Jersey.
No more than one commercial vehicle with a gross vehicle weight of less than 10,000 pounds may be parked, stored, or garaged at any dwelling unit or on any public street within the residential zones of the Borough.
A. 
Yards. On a corner lot, there shall be deemed two front yards on abutting streets, one rear yard and one side yard.
B. 
Yard dimensions.
(1) 
Where minimum permitted yard dimensions are less than sufficient to accommodate a required buffer area, they shall be increased accordingly.
(2) 
Where a lot abuts any street, which is proposed to be widened on the Official Map or Master Plan of the Borough, the required minimum yard dimension shall be measured from the proposed right-of-way line.
C. 
Through lots. On a through lot, front yards are required along all street lines.
D. 
Curved lot frontage. Where a lot adjoins a cul-de-sac or abuts a curved street with a radius of less than 500 feet, the required lot frontage may be reduced to not less than 1/2 of the required minimum lot width, and the minimum lot width at the front yard line may be reduced to not less than 75% of the required lot width.
E. 
Lot depth. The required lot depth at any point may be decreased by 25% if the average lot depth conforms to the minimum requirements.
F. 
Minimum net habitable floor area. The net habitable floor area of any dwelling unit shall be not less than the least restrictive of the most current minimum floor areas as promulgated by the New Jersey Housing Finance Agency or the U.S. Department of Housing and Urban Development in its minimum property standards manual.
G. 
Maximum occupancy limits. The number of occupants of any dwelling unit shall not exceed the maximum permitted under the most current occupancy guidelines as established by the U.S. Department of Housing and Urban Development.
H. 
Number of structures restricted. In any residential zone, there shall be not more than one principal structure on each lot. In any other zone, the placement of more than one principal structure shall be subject to Board approval of a site plan showing existing, proposed and all future development(s) on the site.
In the development and execution of these provisions, it is recognized that there are some uses which because of their very nature are recognized as having serious objectionable characteristics, particularly when several of them are concentrated under circumstances having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.
A. 
Adult bookstores, adult motion-picture or video theaters, and massage parlors are hereby deemed to be regulated uses.
B. 
No regulated use may be located within 1,000 feet or any other regulated uses, nor within 1,000 feet of a residentially zoned area.
C. 
Any person, firm or corporation or other party violating any of the provisions of this section shall, upon conviction thereof, be subject to penalties prescribed herein. Each and every violation of and nonconformance with this section or each day that any provision of this section shall have been violated shall be construed as a separate and distinct violation thereof.