Within the R-40, R-22.5, R-10 and R-7.5 Zones,
no premises, lot, building or structure shall be used, and no building
or structure shall be erected or altered to be used in whole or in
part for any other than the following specified purposes.
Permitted uses shall be as follows:
A. One-family detached house used as residence by not
more than one family.
B. Church or any place of religious worship, including
parish house and Sunday School building.
[Amended 10-26-2022 by Ord. No. 2022:06]
(1) Churches,
temples, and other houses of religious worship shall be governed by
the following regulations:
(a) Minimum lot area: 60,000 square feet.
(b) Minimum lot width: 100 feet.
(c) Minimum lot depth: 150 feet.
(d) Minimum front yard: 35 feet.
(e) Minimum side yards: 20 feet.
(f) Minimum rear yards: 35 feet.
(g) Maximum building height: 2°1/2 stories or 35 feet.
(h) Maximum building coverage: 30%.
(i) Maximum impervious coverage: 75%.
(j) Off-street parking shall be provided as follows: One on-tract parking
space shall be provided for every 100 square feet of public assembly
area up to 3,000 square feet. In excess of 3,000 square feet of public
assembly area, 30 on-tract parking spaces shall be provided, plus
one on-tract parking space for every 200 square feet of public assembly
area in excess of 3,000 square feet of public assembly space.
(k) No driveway shall open onto a public street within 75 feet of an
intersecting public street, measured from the intersection of the
tangents of the adjacent curblines.
(l) The exterior design of any structure used in connection with such
facility shall conform to the general character of the area.
(2) Where
two or more buildings are located on a given piece of property that
is under ownership or control of the applicant, they shall be separated
by a yard area at least twice the average height of the two buildings
or 40 feet, whichever is greater.
C. School or other nonprofit educational institution,
including playgrounds and accessory buildings.
D. Public library, public park, public museum, Borough
municipal building(s).
[Amended 5-4-2005 by Ord. No. 05:09; 12-19-2006 by Ord. No. 06:22; 7-11-2012 by Ord. No. 12:08; 3-14-2018 by Ord. No. 18:02; 11-10-2021 by Ord. No. 21:09]
Accessory uses on the same lot and customarily incidental to
the permitted dwelling unit shall not include a business but may include:
A. The use of a portion of a one-family residence as a professional
office shall be restricted to the first floor of the building and
shall not exceed 25% of the total floor area of the building.
C. Private garages, the capacity of which may not exceed three automobiles;
provided, however, that in the R-40 Zone a maximum of two double garage
doors, or one double garage door and two single garage doors with
tandem parking, shall be permitted.
D. Accessory buildings shall not be located in any required yard and
shall be set back at least 10 feet from the principal building.
E. No accessory building shall exceed the height of 15 feet or the highest
point of the principal structure on the lot, whichever is lower.
F. No accessory building may be used for human habitation, and no accessory
building in any residential zoning district may be used for business
or commercial purposes.
G. Portable on-demand storage (PODS®)
structures are permitted only if they meet the following standards:
(1) One portable on-demand storage structure may be utilized on a lot
as a temporary structure within all residential zones when in compliance
with the standards of this subsection. Any use of portable on-demand
storage structures within the Borough that is not in compliance with
this subsection is prohibited.
(2) Before the initial delivery of a portable on-demand storage structure,
the property owner, applicant, or the portable on-demand storage structure
supplier must register the placement of the portable on-demand storage
structure with the Construction Official. The registration with the
Construction Official requires:
(a)
Completing the application;
(b)
Presenting an active Building Department permit for that property
if the portable on-demand storage structure is to be used for the
storage of building materials; and
(c)
Payment of a nonrefundable registration fee of $50 if the applicant
does not have an active Building Department permit.
(3) Portable on-demand storage structures may not be located in the front
yard area except for the driveway area. The portable on-demand storage
structure's location and placement must comply with the front, side,
and rear yard requirements applicable to accessory buildings and structures
on the lot, except that a portable on-demand storage structure may
be located within the driveway area of the lot.
(4) A permit for a portable on-demand storage structure may not exceed
180 days, provided that a permit has been issued by the Building Department
for the property on which the portable on-demand storage structure
is located. If a building permit has not been issued, the maximum
time period for which a permit may be issued for the use of a portable
on-demand storage structure is 30 days.
H. Stationary electric generators are permitted only if they meet the
following requirements:
(1) The generators must be located in the side or rear yards, and not
in the front yard.
(2) The generators must not exceed 10 square feet in size.
(3) If located in a side yard, the generator may be no more than three
feet from the residential dwelling being serviced by the generator.
(4) Generators must be at least five feet from any operable window or
door.
(5) The generator must be maintained in good working order consistent
with manufacturer specifications, may only be powered by natural gas
or propane, and may not exceed a noise level of 85 dba.
(6) The generator must be screened by landscaping so that it is not visible
to adjoining properties.
I. Swimming pools are permitted only if they meet the following requirements:
(1) All permanent swimming pools will be placed so to comply with the
following:
(a)
Fifteen feet from all side yards in R-22 and R-40 Zones.
(b)
Ten feet from all side yards in R-75 and R-10 Zones.
(c)
Ten feet from the rear yard in all zones.
(d)
Ten feet from the foundation of residence in all zones.
(2) All permanent swimming pools constructed, installed, established,
or maintained will be completely and continuously surrounded by a
permanent durable wall, fence, or barrier, which will be no more than
six feet nor less than four feet in height above grade, and will have
no opening, mesh, hole, or gap larger than two inches in any dimension,
except for doors and gates; provided, however, that if a picket fence
is erected or maintained, the horizontal dimension of any gap or opening
will not exceed 2 1/2 inches. All fences will be constructed
in accordance with other Borough ordinances regulating fences. No
fence may contain projections of any kind at any point on the fence's
outer surface. A dwelling house or accessory building may be used
as part of the required enclosure. All gates used in conjunction with
any of the above-described enclosures will conform to the specifications
required above as to height and dimensions of openings, mesh, holes,
or gaps in the case of fences, and all gates and doors will be equipped
with self-closing and self-latching devices to keep the gate or door
securely closed at all times when the pools is not in use. Gates and
doors must be locked when the pool is not in use or is unguarded or
unattended; provided, however, that nothing herein contained will
be construed to require the construction of an additional wall, fence,
or barrier where, in lieu thereof, the entire premises or a part thereof
wherein the pool is contained will be fully enclosed by a wall, fence,
or barrier that meets the specifications set forth herein.
(3) Every portable pool will be enclosed by a durable wall, barrier,
or fence as described in the preceding subsection, unless the portable
pool is:
(a)
Emptied when not in use or is unattended; or
(b)
Covered with a suitable, strong protective covering fastened
or locked in place when the pool is not in use or is unattended. A
cover will be considered to be of sufficient strength if, when fastened
or locked in place, it will support a minimum dead weight of 200 pounds.
(4) All aboveground pools with a height above the ground level of not
less than four feet (48 inches) are exempt from the perimeter fencing
requirements only when the pool is provided with a retractable or
swing-up ladder or steps or has additional fencing above the forty-eight-inch
or four-foot minimum with a gate and lock to deny access when a pool
is not in use.
Off-street parking requirements shall be as
follows:
A. Residential uses.
[Amended 12-12-2018 by Ord. No. 18:14]
(1) One off-street parking space for each one-family house or dwelling
unit.
(2) Permitted driveways.
(a)
There shall be permitted no more than one driveway per lot.
Circular driveways not to exceed 12 feet wide are permitted.
(b)
For driveways leading to an attached garage or any unattached
garage the front of which is not behind the rear line of the dwelling,
the maximum driveway width is the width of the inside walls of the
garage, but not to exceed 12 feet per garage bay.
(c)
For other driveways, except the portion thereof extending beyond
the rear line of the dwelling, the maximum driveway width is equal
to 35% of the average width of the front yard, but not exceeding a
width of 20 feet.
(d)
For that portion of the driveway extending beyond the rear line
of the dwelling, the maximum width is 40% of the lot width, not to
exceed 30 feet.
(e)
All driveways, other than those leading to an attached garage,
must extend at least to the rear line of the house.
(f)
No driveways hereinafter constructed, installed, or extended
may be located within one foot of the side line of the property.
(g)
Parking of vehicles on surfaces other than driveways is not
permitted. Driveways must be improved with gravel, asphalt, concrete,
or pavers.
(h)
No commercial vehicle may be parked in or out of doors overnight
on any residential property, except for one commercial pickup truck,
van, taxi, or limousine per residential lot, which must be parked
in a driveway or garage. Commercial pickup trucks, vans, taxis, limousines,
trailers, boats, and campers may not be parked overnight in driveways
on residential lots from the front face of the house to the right
of way.
B. Churches: 1 1/2 spaces for each four seats.
C. Schools: 1 1/2 spaces for each teaching or administrative
staff member.
D. Professional offices: one space for each 200 square
feet of floor area used for such purpose.
[Amended 3-7-2000 by Ord.
No. 00:02; 8-10-2016 by Ord. No. 16:14]
A. The following signs are permitted in all residential zoning districts:
(1) A sign stating the name of the principal occupants and the street
address of any private residential dwelling, not exceeding six square
feet in area.
(2) A sign stating the name, street address, use, and profession of any
person with a professional office that is permitted in a residential
zone, not exceeding six square feet.
(3) A sign identifying a building address and legally permitted use other
than a residential use and professional office not exceeding 16 square
feet in area.
(4) Real estate signs not exceeding 16 square feet in area.
(5) Public issue signs not exceeding 16 square feet in area.
(6) Political signs not exceeding 16 square feet in area.
(7) Private sale or event signs not exceeding 16 square feet in area.
(8) Governmental signs not exceeding six square feet in area.
(9) Business signs for businesses lawfully operating in a residential zoning district, which will comply with the requirements for business signs in §
233-33, except that the prohibitions in §
233-28B will apply to these signs.
B. The following signs are prohibited in all residential zoning districts:
(3) Digital or electronic signs.
[Added 5-4-2005 by Ord. No. 05:09; amended 7-5-2005 by Ord. No. 05:13]
A. No parcel or tract of land under single ownership
fronting on an accepted street in any residential zone shall be subdivided
into two or more lots unless the proposed subdivided lots conform
to the provisions of this section as hereinafter set forth.
B. The lot area and lot frontage of any proposed lot shall not be less than the lot area and lot frontage as set forth on the applicable limiting schedule as referenced in §
233-7 or the average lot area and lot frontage of the lots in the neighborhood in which the lot to be subdivided is located, whichever is greater. When computing the average lot area and lot frontage of the lots in the neighborhood, the following lots shall be excluded from the computation: the lot proposed to be subdivided, tracts or lots that have been vacant for more than five years, and lots containing conforming nonresidential or multifamily uses.
[Added 3-11-2020 by Ord.
No. 20:02]
The following uses and activities are prohibited in the R-40,
R-22.5, R-10, and R-7.5 Districts:
B. Accessory apartments or accessory dwellings.
C. Overnight parking on any streets with the exception of Somerset Road
and Kensington Street east of Tappan Road.
D. Home professional offices, except that home occupations are permitted subject to supplementary standards stated in the definition in Code §
233-3B.