[Amended 8-20-1979 by Ord. No. 14-79]
Subject to modification in special cases as specified in this chapter, no building or accessory building hereafter erected or altered shall be erected or altered except in accordance with the schedules at the end of this chapter, entitled "Schedule Limiting Height and Area of Improvements" and "Minimum Building Setbacks."
[Added 8-7-1989 by Ord. No. 17-89; 9-5-1989 by Ord. No. 20-89; 6-7-1999 by Ord. No. 15-99; 6-7-1999 by Ord. No. 17-99; 12-18-2000 by Ord. No. 21-00; 12-2-2002 by Ord. No. 10-02; 3-16-2009 by Ord. No. 1-09; 2-19-2013 by Ord. No. 1-13]
A. 
Accessory buildings.
(1) 
No accessory building shall be over two stories high in any zone, and accessory buildings erected within between five and 12 feet of a party lot line shall not be over one story high.
(2) 
No accessory building shall be located within 10 feet of a wall of a main building unless attached thereto.
B. 
Fences.
(1) 
A solid, or a partially open, fence under 2 1/2 feet in height may be erected in any portion of a lot.
(2) 
Except as provided in § 215-14I(3), a fence equal to or in excess of 2 1/2 feet in height, but not to exceed four feet in height, may be constructed in any front yard or any yard that abuts either a public or private street, provided that it is not solid and that at least 20% of the overall area of the entire fence, uniformly distributed, both horizontally and vertically throughout the fence area, is open. For purposes of this Subsection B, "front yard" shall be defined as the area extending across the full width of a lot and lying between the front lot line of the property and the nearest point of the foundation of the principal structure on the lot, regardless of how "front yard" may be elsewhere defined in this chapter.
(3) 
Except as provided in § 215-14I(3), within all residence zones, no fence more than six feet in height shall be erected within any rear or side yard setback, as set forth in § 215-28, provided that neither the side nor the rear yard abuts a public or private street.
(4) 
Fences up to eight feet in height are permitted where the purpose of the fence is to screen electrical substations from neighboring properties.
(5) 
The height of a fence shall be measured from the grade at the base of the fence at any given location to the highest point of the fence structure.
(6) 
All fences permitted under this section shall be situated on a lot in such a manner that the finished side shall face adjacent properties and adjacent public or private streets.
(7) 
No fence shall be erected within the Borough without a permit having first been obtained from the Zoning Officer. The permit fee shall be as set forth in Chapter 102, Fees.
(8) 
The Zoning Officer and the Borough Administrator are authorized to enforce the provisions of this Subsection B.
(9) 
In all zones, nonperimeter mesh or wire enclosures not thicker than 18 gauge and not exceeding four feet in height in a front yard or any yard abutting a public or private road, or eight feet in height in a rear or side yard not abutting a public or private street, erected for the sole purpose of seasonal protection of trees, shrubs or plantings, are not subject to the provisions of Subsection B(3) and (6) above.
(10) 
No fence may be installed on private property in the Borough that is in violation of § 147-7, which prohibits fences composed of or containing any materials harmful to humans or animals. Such harmful materials include, but are not necessarily limited to, barbed wire, razor wire, low-visibility wire, piano wire, embedded glass and sharp metal points. Electrically charged fences are also prohibited unless they meet each of the following standards:
(a) 
All electrical equipment used in the fence shall carry the label of Underwriters' Laboratories or the Industrial Commission of Wisconsin.
(b) 
The fence shall be installed and operated according to the National Electrical Code and applicable state regulations.
(c) 
Any electric fence that abuts a public or private street must be set back at least 50 feet from the front lot line or from any public or private street.
C. 
Mechanical equipment pads.
[Added 2-16-2016 by Ord. No. 2-16]
(1) 
This subsection shall apply only to properties improved with one- and two-family dwellings as of February 16, 2016.
(2) 
Notwithstanding the existing lot coverage on a property that is the subject of this subsection, the construction of a single pad for new mechanical equipment (air-conditioning compressor, heat pump, standby generator, etc.) shall be permitted up to an area of 12 square feet.
(3) 
The area of the pad shall be included in all future calculations of lot coverage for zoning and stormwater management purposes for any project other than the mechanical pad that is the subject of this subsection. This includes any project for an addition to or reconstruction of the existing dwelling and any project for other accessory structures (pools, patios, sheds, etc.) on the subject property.
In the 3-Acre and 1-Acre Residence Zones, within a major subdivision employing the use of density zoning as defined in this chapter, all lots may, with the permission of the Planning Board, be reduced in area to contain no less than 100,000 square feet with a lot width of 200 feet and 32,000 square feet with a lot width of 125 feet, respectively, provided that all of the following requirements are complied with:
A. 
The percentage of the total tract of land equal to the percentage that the average lot areas are reduced from three acres or one acre, as the case may be, shall be conveyed to the Borough of Mendham for open space or public use or to the Board of Education of the Borough of Mendham for school purposes or to a homeowners' association composed of the individual owners of the homes in the subdivision and duly incorporated, for open space for the use of said homeowners. In the latter case the homeowners' association shall provide for the maintenance of the open space owned by them in common in a manner satisfactory to the Planning Board.
B. 
No area to be so deeded shall be less than eight acres in the 3-Acre Residence Zone and five acres in the 1-Acre Residence Zone, unless the area is to be joined to an existing parcel of land in public ownership the aggregate size of which shall not be less than 10 acres or unless a smaller area is shown on the Master Plan or Official Map of the Borough.
C. 
The area to be deeded for open space or public use under the terms of this section shall be at a location and of a shape and of a purpose or use as required and approved by the Planning Board. The Planning Board may also require minor improvement of the area to be deeded, such as the clearing of shrubbery and brush and the planting of grass.
Flag lots are permitted in the 5-Acre and 3-Acre Zones.
A. 
Minimum area required. Area requirements of the interior portion of the flag lot shall be the same as set forth in the zone where permitted, as set forth in Schedules I and II.[1] The access area shall not be utilized to compute lot area.
[1]
Editor's Note: Schedules I and II are included as attachments to this chapter.
B. 
Design of access. The access strip into the interior portion of the lot shall be a minimum of 25 feet wide. The access strip shall be improved in accordance with the requirements and approval of the Borough Engineer, as follows:
(1) 
Drainage improvements shall be made to provide for the stability of the access strip, to minimize erosion, to minimize adverse effects on the land adjoining the access strip and to minimize the flow of stormwater, sedimentation and other adverse effects on the adjoining street.
(2) 
Access strips shall be graded to a width of not less than 16 feet and shall be improved to a width of not less than 12 feet, with a four-inch base consisting of Type 5, Class A, soil aggregate (quarry-processed stone), three-fourths-inch dirt, roadstone, shale or the equivalent.
C. 
Other requirements.
(1) 
Each flag lot shall have its own access strip.
(2) 
There shall be a minimum of one building lot between the access strip of any two flag lots.
D. 
On a cul-de-sac, flag lots shall not be permitted.
E. 
No structures, septic systems or other obstructions shall be placed wholly or partially in the access strip.
F. 
Flag lots in existence as of the effective date of this chapter are to be exempt from the terms hereof and are to be considered as conforming lots.
[Added 6-17-2002 by Ord. No. 06-02; 4-18-2005 by Ord. No. 5-05; 11-18-2013 by Ord. No. 11-13; 2-21-2023 by Ord. No. 01-2023; 9-23-2024 by Ord. No. 15-2024]
In the 1/4-, 1/2-, 1-, 3- and 5-Acre Residence Zones the following requirements shall be complied with:
A. 
In the 1/4-, 1/2- and 1-Acre Residence Zones, the maximum height of a principal building shall not exceed 35 feet within the first 10 feet of building envelope as measured from the minimum required setbacks. Within the remainder of the building envelope, the maximum building height for a principal building shall not exceed 40 feet.
B. 
In the 3-Acre Residence Zone, the maximum height of a principal building shall not exceed 35 feet within the first 20 feet of the building envelope as measured from the minimum required setbacks. Within the remainder of the building envelope, the maximum building height for a principal building shall not exceed 45 feet.
C. 
In the 5-Acre Residence Zone, the maximum height of a principal building shall not exceed 35 feet within the first 40 feet of the building envelope as measured from the minimum required setbacks. Within the remainder of the building envelope, the maximum building height for a principal building shall not exceed 45 feet.
D. 
In the 1/4-, 1/2-, 1-, 3- and 5-Acre Residence Zones, the maximum height for all buildings and structures within the area located between the building envelope for principal (main) buildings and the building envelope for accessory buildings as measured in accordance with Schedule II, Minimum Building Setbacks, shall not exceed 20 feet. Small wind energy systems in the 5-Acre Residence Zone shall be regulated in accordance with the standards set forth in § 215-12.7.
E. 
No accessory structure shall be located between the building line formed by the front face of the foundation of the principal building and the minimum required front yard setback. No accessory structure or building, either singly or in combination, except buildings or structures used solely for agriculture or livestock purposes, shall have a building footprint area greater than 50% of the building footprint area of the principal building on the lot.
F. 
Any structure or building used in whole or in part for or by livestock or other animals other than household pets shall be located at least 200 feet from any boundary line of the property upon which it is located.
G. 
Accessory structures and buildings.
(1) 
Except as provided in Subsection G(2) and (3) below, no accessory structures or buildings shall be permitted in front yards, except driveways, walkways, residential signs (as regulated by § 215-8C), fences (as regulated by § 215-29B) or other ornamental or decorative features.
(2) 
Patios and terraces may be installed, in whole or in part, in any front yard area, but not closer to the street than the minimum front setback applicable to the zone district in which the property is located.
(3) 
In addition, on corner lots only, child's play apparatus and sheds having a building coverage of less than 200 square feet may be installed in whole or in part in any front yard area other than that relating to the street which most closely parallels the front facade of the principal building, but not closer to the other street(s) than the minimum front setback applicable to the zone district in which the property is located.
(4) 
The following standards shall apply to solar panel systems:
(a) 
All roof-mounted solar panels shall be affixed generally parallel to the roof angle with a maximum mounting height of one foot above the surface of the existing roof, or, on a flat roof, the solar panels shall not extend a distance greater than four feet above the surface of the roof.
(b) 
Roof edge setbacks and distances between panels must comply with the Uniform Construction Code and all other permitting requirements.
(c) 
Any solar panel system located within the Borough's Historic District Overlay Zone or the Main Street Corridor shall not be visible from any public right-of-way.
(d) 
No ground-mounted solar panel system shall be permitted.
(e) 
All solar panel systems shall be marked using reflective weather-resistant materials which shall state: "CAUTION: SOLAR ELECTRIC SYSTEM CONNECTED."
H. 
Impervious coverage.
(1) 
The maximum permitted impervious coverage on a lot within the 1/4-, 1/2-, 1-, 3- and 5-Acre Residence Zones shall be calculated in accordance with the following schedule:
Lot Coverage Schedule
Range of Lot Sizes
(square feet)
Method of Calculation
0 to 21,779
(0 to 10,890 sq. ft x .30) + (greater than 10,890
sq. ft x .10)= permitted lot coverage
21,780 to 43,559
(sq. ft. x .20) = permitted lot coverage
43,560 to 130,679
(43,560 sq. ft. x .20) + (greater than 43,560 sq. ft.
x .05)= permitted lot coverage
130,680 and over
(sq. ft. x .10) = permitted lot coverage
(2) 
For each additional one foot of front building setback beyond the minimum required front yard setback, 12 square feet of lot coverage may be added to the calculated maximum permitted impervious coverage.
I. 
The maximum permitted total coverage by all principal and accessory building footprints on a lot within the 1/4-, 1/2-, 1-, 3- and 5-Acre Residence Zones shall be calculated in accordance with the following schedule:
Building Footprint Schedule
Range of Lot Sizes
(square feet)
Method of Calculation
0 to 21,779
(0 to 10,890 sq. ft. x .18)+ (greater than 10,890
sq. ft. x .02) = permitted building footprint
21,780 to 43,559
(21,780 sq. ft. x .10) + (greater than 21,780 sq. ft.
x .06) = permitted building footprint
43,560 to 130,679
(43,560 sq. ft. x .08) + (greater than 43,560 sq. ft.
x .02) = permitted building footprint
130,680 and over
(sq. ft. x .04) = permitted building footprint
J. 
Exceptions and supplemental regulations to bulk requirements for building elements.
(1) 
Building elements which are permitted encroachments into setback requirements include, but are not limited to, overhangs or porticos, awnings, steps, porches, decks, balconies, bay and box windows, fireplaces or chimneys, heating or air-conditioning units, patios and terraces, provided that no encroachment is more than 25% of the total distance of the required setback.
K. 
Exceptions and supplemental regulations to bulk and area requirements in the 1/4 Acre Residence Zone District for townhouse developments.
(1) 
The following bulk requirements shall be applicable to building elements such as overhangs or porticos, awnings, steps, porches, decks, balconies, bay and box windows, fireplaces or chimneys, heating or air-conditioning units, patios and terraces for existing townhouse residential development in the 1/4 Acre Residential Zone District.
Townhouse Building Element Setbacks
Front (feet)
Side Yards (feet)
Rear Yards (feet)
25
1 interior lots
5 exterior lots
5