[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. The access area shall not be utilized to compute lot area.
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]
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.
[Amended 11-18-2013 by Ord. No. 11-13]
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.
[Added 4-18-2005 by Ord. No. 5-05]
G. Accessory structures and buildings.
[Added 4-18-2005 by Ord. No. 5-05]
(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:
[Added 11-18-2013 by Ord. No. 11-13]
(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)
On a pitched roof, no part of the solar panel shall be located
higher than three feet below the peak of the roof and there shall
be at minimum a six-foot perimeter from the end of the solar panel
to the edge of the roof, except for those buildings 500 feet or less
in length or width, where the perimeter shall be four feet.
(c)
On a flat roof, the solar panels shall not be greater than 150
feet by 150 feet in distance in either direction. There shall be at
minimum a six-foot perimeter from the end of the solar panel to the
edge of the roof and any existing roof skylights or ventilation hatches,
except for those buildings 500 feet or less in length or width, where
the perimeter shall be at least four feet.
(d)
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.
(e)
No ground-mounted solar panel system shall be permitted.
(f)
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.
[Added 2-21-2023 by Ord. No. 01-2023]
(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.
[Added 2-21-2023 by Ord. No. 01-2023]
(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
|