[Amended 12-12-2001 by Ord. No. 1208; 12-12-2001 by Ord. No. 1209; 4-14-2004 by Ord. No. 1280; 11-1-2011 by Ord. No. 1530; 4-5-2016 by Ord. No. 1668; 3-19-2019 by Ord. No. 1772; 5-7-2019 by Ord. No. 1785; 10-6-2020 by Ord. No. 1820; 12-21-2021 by Ord. No.
1859]
For the purpose of this chapter, the Borough
of Franklin Lakes is hereby divided into zone districts as follows:
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A-130 Residential District
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A-40 Residential District
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A-40C Residential District
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A-22.5 Residential District
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A-5 Residential District
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MF-AH1 Multifamily — Affordable Housing District
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MF-AH2 Multifamily — Affordable Housing 2 District
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MF-AH3 Multifamily — Affordable Housing District
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PRD Planned Residential District
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SR Senior Citizen District
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RB-1 Retail Business 1 District
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RB-2 Retail Business 2 District
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RB-3 Retail Business 3 District
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LB-1 Limited Business District
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LB-2 Limited Business District
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OB-RL Office Building Research Laboratory District
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HOB-RL Highway Office Building, Research and Laboratory District
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I-1 Industrial District
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I-2 Industrial District
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REC Recreation District
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AFO-1 Affordable Housing Overlay District 1
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AFO-2 Affordable Housing Overlay District 2
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AFO-3 Affordable Housing Overlay District 3
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AFO-4 Affordable Housing Overlay District 4
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AFO-5 Affordable Housing Overlay District 5
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AFO-6 Affordable Housing Overlay District 6
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AFO-7 Affordable Housing Overlay District 7
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A.
The location and boundaries of said districts are
hereby established on the Zoning Map of the Borough of Franklin Lakes
prepared by Boswell Engineering, dated July 1, 2011, as amended or
supplemented, which hereby is made a part of this chapter. Said map
or maps and all notations, reference and designations shown thereon
shall be a part of this chapter as if the same were fully described
and set forth herein.[1]
[Amended 11-1-2011 by Ord. No. 1530]
[1]
Editor's Note: The Zoning Map and all amendments thereto are
on file in the Borough offices.
B.
The Zoning Map of the Borough of Franklin Lakes is
hereby amended to include the following described properties within
the MF-AH2 Senior Citizen Multifamily - Affordable Housing District:
Block 1411 Lot 2.
[Added 12-12-2001 by Ord. No. 1208]
C.
The Zoning Map of the Borough of Franklin Lakes is
hereby amended to include the following described properties within
the MF-AH1 Multifamily - Affordable Housing District: Block 2514,
Lot 1 and Lot 1.01.
[Added 12-12-2001 by Ord. No. 1209]
D.
The Zoning Map of the Borough of Franklin Lakes is
hereby amended to include the following described properties within
the MF-AH2 District: Block 1416, Lot 19.
[Added 2-11-2004 by Ord. No. 1271]
E.
The Zoning Map of the Borough of Franklin Lakes is
hereby amended to include the following lots and blocks within the
hereinafter created Recreation District Zone (REC): Block 2203, Lots
1.01, 1.02 and 1.03; Block 2101.01, Lots 1 and 2; Block 2101.08, Lot
1.
[Added 4-14-2004 by Ord. No. 1280]
F.
The Zoning
Map of the Borough of Franklin Lakes is hereby amended to include
the following lots within the RB Retail Business Zone: Block 1518,
Lot 10; and Block 1519.01, Lot 1.
[Added 6-15-2010 by Ord. No. 1484]
G.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following described properties within the HOB-RL Highway
Office Building, Research and Laboratory District: Block 1426, Lot
2, and Block 1427, Lot 2.
[Added 2-15-2011 by Ord. No. 1512]
H.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the RB Retail Business Zone:
Block 1410, Lot 1; and Block 1400, Lot 1.01.
[Added 11-12-2014 by Ord. No. 1607]
I.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the RB-2 Retail Business 2 Zone:
Block 1418, Lots 1-6, Block 1419, Lots 2, 7, 8, 8.01, 8.02, 21.01,
21, 22, 26 and Block 1518, Lots 2 and 5.01.
[Added 4-5-2016 by Ord.
No. 1668]
J.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the A-40 Residential District:
Block 2707, Lots 3, 4 and 5, and Block 2708, Lots 2, 2.01, 2.02 and
2.03.
[Added 8-15-2017 by Ord.
No. 1719]
K.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the MF-AH3 Multifamily - Affordable
Housing District: Block 1518, Lot 10, and Block 1519.01, Lot 1.
[Added 3-19-2019 by Ord.
No. 1772]
L.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the AHO-1 Overlay District: Block
1513, Lot 2.
[Added 5-7-2019 by Ord. No. 1785]
M.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the AHO-2 Overlay District: Block
1418, Lot 1.01 and Block 1518, Lots 2 and 5.01.
[Added 5-7-2019 by Ord. No. 1785]
N.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the AHO-3 Overlay District: Block
2201.08, Lot 2.
[Added 5-7-2019 by Ord. No. 1785]
O.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the AHO-4 Overlay District: Block
1404, Lots 14, 21.01, 21, 5, 3.01, 11.01, 11.02, 11.07 and Block 1404.01,
Lots 20, 19, 18, 15, 4, 4.03, 4.02, 4.01, 3, 2.
[Added 5-7-2019 by Ord. No. 1785]
P.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the AHO-5 Overlay District: Block
1516.01, Lots 1, 1.01, 1.16, 1.15, 1.14, 1.13, 1.12, 1.11.
[Added 5-7-2019 by Ord. No. 1785]
Q.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the AHO-6 Overlay District: Block
1517, Lots 1, 2.
[Added 5-7-2019 by Ord. No. 1785]
R.
The Zoning Map of the Borough of Franklin Lakes is hereby amended
to include the following lots within the AHO-7 Overlay District: Block
1512.01, Lots 15, 15.01 and 17.
[Added 5-7-2019 by Ord. No. 1785]
S.
The Zoning
Map of the Borough of Franklin Lakes is hereby amended to include
the following lots within the RB-3 District: Block 2506, Lot 2 and
that part of 2505.01, Lot 1 which is being sold to the owner of Block
2506, Lot 2.
[Added 10-6-2020 by Ord. No. 1820]
A.
Zoning district boundary lines are intended to follow
lot lines, railroad rights-of-way, streams and street center lines
unless otherwise indicated by dimensions on the Zoning Map. Any disputed
zoning district line shall be determined by the Board of Adjustment.
B.
Where a street or public way serves as the zoning
district line and it is lawfully vacated, the governing body at the
time of said vacation shall make the determination as to where the
zone line shall be placed.
The area and bulk regulations which control
development in each district are set forth in the attached Schedule
of Area and Bulk Regulations, which is supplemented by other sections
of this chapter.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
A.
No building shall be erected, moved, altered, constructed,
reconstructed or enlarged except as specified in this chapter, nor
shall any land or building be used for any purpose or in any manner,
except in conformity with all the regulations, requirements and/or
restrictions specified in this chapter for the district in which such
building or land is located.
B.
In interpreting and applying this chapter, the requirements
herein are declared to be the minimum requirements for the protection
and promotion of the public health, safety, morals and general welfare.
A.
Prohibited uses. All uses not expressly permitted in each zone district
are prohibited. Outdoor manufacturing, fabrication, assembly or storage
of parts, components, or materials is prohibited, provided that outdoor
storage is permitted at nurseries and greenhouses. The sale of marijuana
is hereby prohibited in all zoning districts, except medical marijuana
prescribed by a physician and dispensed by a licensed pharmacist.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies
by a delivery service are prohibited.
[Amended 6-19-2018 by Ord. No. 1741; 5-18-2021 by Ord. No. 1838]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
B.
Existing uses. Except as otherwise herein provided
for, any legal use, building or structure existing at the time of
the enactment of this chapter may be continued, even though such use,
building or structure may not conform to the provisions of this chapter
for the district in which it is legally located.
C.
Required area. The area or dimension of any lot, yard
or other space shall not be reduced to less than the minimum required
by this chapter, and if already legally existing at less than the
minimum required by this chapter, said area or dimension may be continued
and shall not be further reduced.
D.
Off-street parking.
G.
Dwellings:
(1)
Placement of single-family dwellings: For the purposes
of building placement, the front or main entrance of the dwelling,
which shall be determined from an architectural and design prospective,
shall be oriented to the front yard street line of the property. On
lots fronting on a cul-de-sac, the front or main entrance of the dwelling
may be skewed a maximum of 30º from a line perpendicular to a
line running from the center of the cul-de-sac through the midpoint
of the arc of the fifty-foot setback line on the lot.
(2)
Design of dwellings. No detached dwelling shall hereafter
be erected, constructed, placed, altered or enlarged which shall be
like, or substantially, like any neighboring building then in existence
or for which a building permit has been issued if the neighboring
dwelling is within 600 feet of the building to be erected, constructed,
placed, altered or enlarged and faces on the same street. End-to-end
reversal of house plans or roofline changes alone shall not render
a dwelling substantially unlike a neighboring dwelling to allow its
construction, placement, alteration or enlargement within the prohibited
distance above set forth.
(3)
Residential buildings (street frontage). No building
designed for residential purposes shall be erected or altered unless
the building so designed shall front upon a state- , county- or Borough-approved
street, or a street on a plat duly filed in the office of the Bergen
County Clerk prior to the passage of an ordinance requiring prior
approval of plats by the Planning Board, or a street shown upon a
plat approved by the Planning Board for which suitable improvement
has been assured by means of a performance guaranty, and unless improvements
are constructed.
(4)
Residential buildings (improvements in place prior
to issuance of certificate of occupancy). On no occasion shall a certificate
of occupancy be issued by the Construction Official for any residential
building constructed on a lot shown on an approved plat unless and
until the improvements required by the Planning Board have been completed
and installed in accordance with Borough specifications and to the
satisfaction of the Borough Engineer, up to and including and affecting
the lot and building for which the certificate of occupancy has been
requested.
[Amended 2-21-2017 by Ord. No. 1697]
(5)
A detached single-family dwelling shall be minimally
1,200 square feet in size.
I.
Outdoor storage. Outdoor storage of property or material is prohibited, with the exception of nurseries and greenhouses which are regulated in § 300-121D.
J.
Variances:
(1)
In all cases where variances are granted from this
chapter for one-family dwellings, the successful applicant shall be
required to make application for a building permit in conformity with
the terms of the variance as granted within six months from the effective
date of the grant of the variance. The applicant shall be required
to complete construction of the dwelling within one year following
issuance of the building permit. The approving board may extend the
six-month provision referenced above for good cause shown for additional
periods of one year each, provided that in no event shall said extensions
be renewed beyond a period of three years in the aggregate.
(2)
In cases involving nonresidential uses and multifamily
residential development, the applicant is required to make application
for a building permit in conformity with the terms of the variance
as granted within one year from the effective date of the approving
authority approval. The applicant shall be required to complete construction
of the building(s) within one year following the issuance of the building
permit. Extensions shall be permitted, as provided for in the subsection
above.
K.
There is hereby established in the Borough of Franklin
Lakes a Mount Laurel Housing Trust Fund. Said fund shall be established
to receive all monies provided to the Borough or to be utilized by
the Borough to satisfy all or any part of the Borough's obligation
to contribute to its fair share of low-income housing as set forth
in N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5-92. The funds in this
account shall not be disbursed for any purpose other than those described
in N.J.S.A. 52:27D-301 et seq. and N.J.A.C. 5:92. Implementation and
participation in said fund shall be as set forth herein.
