A.
Farms. Farms shall be a permitted use in all detached
single-family residential districts, subject to the following:
(1)
Farms shall be used for the conduct of the commercial
cultivation of agricultural foods, plants, flowers, trees and shrubs,
as well as for the raising of livestock limited to cows, horses, goats
and sheep, but the premises shall not be used for the processing or
manufacturing of any products for resale, nor shall the premises be
used for the boarding, training or renting of any livestock.
(2)
A minimum lot area of five acres is required for a farm. All farm buildings shall be required to be setback a minimum of 100 feet from property lines unless a different setback is required as set forth in §§ 300-120A(3) and 300-120A(4), and meet the coverage and height requirements of the zone in which the site is located. A residential building on a farm shall be required to meet the bulk standards of the zone in which the site is located.
(3)
The following accessory uses or structures may be
permitted on premises used as a farm, provided that no sales, retail
or wholesale, are made therefrom:
(a)
Private garages, provided they meet the same
area and bulk requirements as required for the principal residential
building for the zone in which the site is located.
(b)
Sheds, barns, stables, corrals, pens or any
other structure used to house livestock raised on the premises, when
located a minimum distance of 100 feet from any dwelling other than
the principal dwelling, as well as a minimum distance of 400 feet
from any place where food is sold, and a minimum distance of 150 feet
from any property line. On premises qualifying as a farm where horses
or cows are raised, there shall be, in addition to one acre of land
for the dwelling, one acre of pastureland for each horse or cow. On
premises qualifying as a farm where sheep or goats are raised, there
shall be, in addition to one acre of land for the dwelling, one acre
of pastureland for every two sheep or goats.
(c)
Hothouse or greenhouses for the cultivation
of agricultural or horticultural products.
(d)
One gasoline pump and tank shall be a permitted
accessory use on farms and nurseries in a residential zone, provided
that the gasoline pump must be located 200 feet from any property
line; gasoline shall not be sold at wholesale or retail to any person
other than the occupant, and the gasoline pump shall be for the exclusive
use of the occupant; and an application for the use shall be made
to the Fire Prevention Bureau Chief, who shall thereupon issue a one-year
license to be approved by the Borough Clerk and the Construction Official,
and provided that a building permit is obtained from the Construction
Official at the time of the original installation.
[Amended 2-21-2017 by Ord. No. 1697]
(4)
A roadside stand shall be a permitted use on a farm,
provided that the roadside stand is located at least 100 feet from
the center line of the road and has adequate provision for the off-street
parking and turning around of automobiles.
B.
[1]Townhouse residential dwelling units in the PRD District.
(1)
Area and bulk requirements. The following standards
setting forth area and bulk requirements shall be applicable to the
PRD District:
(a)
Minimum lot area: 20 acres.
(b)
Minimum front yard: 50 feet.
(c)
Minimum side yards: 25 feet.
(d)
Minimum rear yard: 50 feet.
(e)
Minimum distance between buildings: 60 feet.
(f)
Minimum internal road setback: 25 feet.
(g)
Maximum density: 3.0 du/acre.
(h)
Maximum building height: 2.5 stories/35 feet.
(i)
Maximum building coverage: 20%.
(j)
Maximum total coverage: 50%.
[Amended 10-19-2010 by Ord. No. 1498]
(k)
Maximum building length: 175 feet.
(l)
Minimum open space: 50%.
(m)
Minimum buffer area: 50 feet.
(n)
Minimum setback to buffer: 35 feet.
(2)
Buffer area.
[Amended 11-1-2011 by Ord. No. 1530]
(a)
A buffer strip of at least 50 feet shall be provided along all
property lines. This buffer strip shall be landscaped with a dense
planting of evergreen shrubs or trees at least six feet high, either
alone or in combination with a wooden fence. The buffer strip may
be coincidental with and included within any required setbacks.
(b)
No principal or accessory use or structure, including, without
limitation, off-street parking and loading areas, shall be permitted
in a required buffer, but the approving authority may permit a portion
of a buffer area to be used for utility easements or driveways to
ensure access to or from a public street or adjacent property.
(c)
Required buffers shall be included for the purpose of computing
compliance with open space requirements and may be conveyed to unit
owners as part of common elements. In no case shall a buffer area
be utilized for any active recreational or other active area or used
for such computations.
(3)
Townhouse design.
(a)
An overall theme of design and architectural
mode shall be utilized within every townhouse development for the
purpose of presenting an aesthetically desirable effect, and shall
be such that they provide varied building elevations, design and structural
appearance within the context of the overall theme.
(b)
The front facade of a row of attached units
shall not continue on the same plane for a linear distance of more
than the width of two units. Minimum two-foot offsets shall be required
at breaks in the facade planes.
(c)
The townhouse development shall be provided
with a liberal and functional landscape component. Building foundation
plantings, planting clusters located in strategic areas, shade trees
along roadways and pedestrian paths shall be incorporated into an
overall landscape plan.
(d)
Driveways. All roads shall be 25 feet in width,
and shall be owned and maintained by the homeowners' association and
shall comply with the standards of the Borough and ordinances of the
Borough regarding construction.
(e)
Accessory buildings. No accessory buildings
shall be permitted in this zone district except enclosures for collection
of refuse and recyclable materials incidental to the residential use.
(f)
Townhouse design.
[Amended 11-1-2011 by Ord. No. 1530; 6-19-2012 by Ord. No. 1547]
[1]
Open space.
[a]
A minimum of 50% of the site shall be retained as common open
space. The required open space shall not include areas designated
as sidewalks, roads, drives, or parking areas. Open space set-asides
shall consist of land available for use or enjoyment privately by
residents of the development and that is restricted from further development
and shall not consist of those lands serving individual dwelling units
or intended for the use of occupants of individual dwelling units.
[b]
A homeowners' association shall be established for the purposes
of owning and maintaining common facilities. The association shall
comply with the provisions set forth in this chapter regulating such
association.
[c]
The location of open space areas shall be consistent with the
declared function of such open spaces, and, where possible, active
open space areas shall be planned as a contiguous area located for
the maximum benefit of the residents they are designed to serve. Passive
open space shall be designed to preserve and, where possible, enhance
natural features. The required open spaces shall only be for the use
of the owners or occupants of the development and their guests. These
areas may contain active or passive recreational facilities or remain
in their natural state, as determined to be appropriate. The Planning
Board may require provision for reasonable landscaping to supplement
areas where natural vegetation is sparse or nonexistent. The developer
shall furnish a plan at the time of the application specifying the
type of recreational improvements, if any, to be provided. Active
recreation facilities, such as swimming pools, tennis courts and nature
paths, shall be permitted.
(g)
Television antenna equipment shall be built
into the building to eliminate individual antennas being erected upon
the roof. This subsection shall not apply to a common antenna tower.
No television antenna equipment, however, shall exceed 15 feet in
height above roof level.
(h)
Heating, ventilating and air-conditioning units
shall not project more than two inches from the face of the wall of
the building in which they are installed. All central heating, ventilating
and air-conditioning equipment outside of the confines of the building
shall be screened from view in a manner satisfactory to the Planning
Board of the Borough. Where necessary to shield occupants and adjoining
properties from unsightly, disturbing or light-glaring areas, screening
or buffers consisting of a solid evergreen hedge at least five feet
tall and/or fences consisting of solid wood or decorative masonry
shall be required around outdoor utilities and other similar areas
along development property lines and around parking areas. Existing
wooded areas shall be retained wherever possible.
(i)
All roofs shall be free of appurtenances, towers,
equipment, structures, shaft extensions and the like and shall have
no accessory structure located thereon other than vents, cupolas or
elevator towers or ventilators properly screened, it being the intention
of this provision to prevent obstruction of view, light and air, except
as may be permitted in this section.
(j)
Additional townhouse regulations:
[1]
Minimum points of access per unit: two access
points.
[2]
Minimum unit width: 30 feet.
[3]
Maximum units/building: five units.
[4]
Minimum total parking per unit: two spaces.
[5]
Minimum garage parking space per unit: one space.
[6]
Maximum spaces in row in garage: five spaces.
[7]
Minimum outdoor spaces/unit: one space.
[8]
Maximum distance between garage/outdoor space
and unit served: 150 feet.
[9]
Parking on access streets, roads, driveways:
prohibited.
[10]
Minimum floor area, exclusive
of porches, breezeways, and garages:
|
Number of Bedrooms
|
Minimum Living Area
(square feet)
| |
|---|---|---|
|
1
|
598
| |
|
2
|
918
| |
|
3
|
1,281
|
[12]
Minimum exterior exposures/unit:
two.
[13]
Access to private patio area/unit:
required.
(4)
Utilities and services.
(a)
Every townhouse unit shall be served by all
necessary public utilities, including public water supply and an on-site,
in-ground sanitary sewage disposal system, which shall be installed
by and at the expense of the developer. In addition, the developer
shall install at his own expense roads, drives, parking facilities,
all-weather pedestrian walkways, streetlights, fire hydrants and any
other improvements, such as but not limited to drainage facilities
as shall be required by the Planning Board of the Borough.
(b)
All utilities within PRD's shall be installed
underground.
(c)
Refuse pickup areas shall be provided and shall
be located for the convenience of townhouse residents. All such areas
shall be screened with evergreens on at least two sides and planted
to a height of at least four feet, with a maximum growth of at least
six feet in height.
(d)
The residents of the PRD shall be required to
provide for the upkeep, maintenance and expense of the sanitary sewer
system, roads, drives, parking facilities, drainage facilities and
all other services as may be required by the Planning Board of the
Borough.
(5)
Sewage disposal system.
(a)
There shall be a system for the subsurface disposal
of sanitary sewage into the ground, which is so designed and constructed
to treat sewage in a manner that will retain most of the settleable
solids in a septic tank and to discharge the liquid portion to an
adequate disposal field.
(b)
The disposal field shall be an area consisting
of disposal trenches, a disposal bed, disposal pit or a combination
thereof used for dispersion of the liquid portion of sanitary sewage
into the ground as close to the surface as feasible.
(c)
The disposal area shall be determined by acceptable
results of percolation tests performed in the field, type of soil
available, drainage conditions or by other related data that may be
required by the Borough.
(d)
The sewage disposal system shall comply with
and be approved by the Borough Board of Health, the County Board of
Health, the State Board of Health and the New Jersey DEP. The Borough
Planning Board shall condition any approvals upon the timely receipt
in writing of approvals of its system by the above-mentioned agencies.
(6)
Homeowners' association.
(a)
A homeowners' association shall be established
which shall own open spaces, common areas and recreational open space
areas and facilities for the purposes of owning and maintaining such
areas designed within the development, provided that the Planning
Board and the Mayor and Council of the Borough are satisfied that
the homeowners' association will have a sufficient number of property
owners to reasonably expect a perpetuation of the association in a
manner enabling the association to meet its obligations and responsibilities.
The homeowners' association shall incorporate the following provisions:
[1]
Membership in the homeowners' association by
all property owners shall be mandatory. Required membership and the
responsibilities upon the members shall be in writing between the
association and each property owner in the form of a covenant, with
each agreeing to liability for his pro rata share of the association's
costs.
[2]
The association shall be responsible for liability
insurance, taxes, maintenance and any other obligations assumed by
the association and shall hold the Borough harmless from any liability.
[3]
The assessment levied by the association upon
each property owner shall become a lien on each owner's property in
accordance with N.J.S.A. 46:8B-21. The association shall be allowed
to adjust the assessment to meet the changing needs, and any deeded
lands may only be sold, donated or conveyed to the Borough for public
purposes only if the Borough agrees to same.
[4]
The association shall clearly describe in its
bylaws all of the rights and obligations of each tenant and property
owner, including a copy of the covenant, model deeds and articles
of incorporation of the association and the fact that every tenant
and property owner shall have the right to use all common properties.
Drafts of the covenants, model deeds, bylaws and articles of incorporation
of the association shall be submitted to the Planning Board for initial
review when the applicant is seeking preliminary approvals of its
application from the Planning Board. Approval by the Planning Board
of the final form of all covenants, model deeds, bylaws and articles
of incorporation of the association shall be a condition of the granting
of any final approvals by the Planning Board of any application submitted
to it.
[5]
The association shall maintain the common property
and all facilities thereon and, in case of a default by the association,
the Borough shall have the power to maintain the common property,
open spaces, recreational open space areas and facilities in accordance
with the provisions of N.J.S.A. 40:55D-43.
[6]
The articles of incorporation, covenants, bylaws,
model deeds and other legal instruments shall ensure that control
of the homeowners' association shall be transferred to the property
owners based on a percentage of the dwelling units sold and/or occupied
and shall clearly indicate that the Borough may perform such maintenance
and repair work that may be required in the public interest where
the association has not performed, with the costs being levied upon
each property owner according to the pro rata share in the association
and which may become a lien on the property not only owned by the
association but pro rata upon each property owner's dwelling unit.
[7]
The homeowners' association shall comply in
all respects with all other requirements of any federal, state or
Borough law, regulation or ordinance.
(b)
The homeowners' association shall not be dissolved
and shall not dispose of any common areas, open spaces, recreational
open space areas and facilities by sale, conveyance or otherwise,
except to an organization conceived and established to own and maintain
the open spaces, common areas, recreational open space areas and facilities
for the benefit of such development, and thereafter such organization
shall not be dissolved or disposed of any of its common areas, open
spaces, recreational open space areas and facilities without first
offering to dedicate the same to the Borough; provided, however, that
the Borough agrees to accept such.
(c)
The association shall nominate and designate
a member of the association who shall be the person to whom all official
notices, excluding municipal tax bills for each townhouse dwelling
unit, shall be directed from the Borough with respect to compliance
with the terms and provisions of this section and the provisions of
N.J.S.A. 40:55D-43, which shall be deemed to be hereby included and
incorporated into the terms and provisions of this section.
(d)
The association shall be responsible and shall
pay for all municipal taxes assessed and levied against the common
properties owned by the association, including but not limited to
common areas, open spaces and recreational open space areas and facilities.
(e)
The Mayor and Council of the Borough shall designate
annually by resolution the official representing the Borough in dealing
with the officer of the homeowners' association, unless otherwise
provided for in this chapter.
(7)
Use of balconies. Where balconies are incorporated
as part of townhouse design, they may not be used for storage of any
personal property. Personal property used on the balcony, including
chairs, chaises, and tables, may be kept there, but no other personal
property may be maintained or displayed on said balconies. The use
of gas or other types of cooking grills are prohibited and the enclosure
of balconies is prohibited.
[Added 4-9-2003 by Ord. No. 1248]
C.
Cluster residential development.
(1)
Districts permitted. Cluster residential developments
shall be permitted in the A-130 and A-40C Districts. Notwithstanding
anything to the contrary herein contained, a property owner or applicant
at his option may elect to develop property in these districts according
to all of the applicable conventional provisions and standards.
(2)
Space and bulk regulations applicable to cluster residential
development in the A-40C District:
(a)
Minimum tract area: 10 acres.
(b)
Maximum density: 0.85 units per acre, provided
that those portions of the tract with existing natural average grades
exceeding 16% measured perpendicular to grade are to be excluded from
the density calculations. In making such calculations, the tract is
to be overlaid by a grid of 50 feet by 50 feet, and any grid whose
average slope is greater than 16% shall be excluded from density calculations.
(c)
Minimum lot area: 22,500 square feet.
(d)
Minimum lot frontage: 150 feet.
(e)
Minimum open space: 25% of tract, to be reserved
in perpetuity by dedication for public use or by private covenant
or by deed restriction, for use by the residents of the development
solely as undeveloped open space.
(f)
All of the other standards and regulations applicable
to the A-22.5 District shall apply.
(3)
Space and bulk regulations applicable to cluster residential
development in the A-130 District:
(a)
Minimum tract area: 10 acres.
(b)
Maximum density: 0.33 units per acre, provided
that those portions of the tract with existing natural average grades
exceeding 16% measured perpendicular to grade are to be excluded from
the density calculations of 0.33 units/acre. In making such calculations,
the tract is to be overlaid by a grid of 50 feet by 50 feet, and any
grid whose average slope is greater than 16% shall be excluded from
the density calculations.
(c)
Minimum lot area: 40,000 square feet.
(d)
Minimum lot frontage: 200 feet.
(e)
Minimum open space: 33% of tract, which shall
be reserved in perpetuity by dedication for public use or by private
covenant or by deed restriction, for the use by residents of the development
solely as undeveloped open space.
(f)
All of the other standards and regulations which
are applicable to the A-40 District as contained within this chapter
shall apply.
(4)
Initial procedure.
(a)
An applicant for a major subdivision of a tract
of land containing 10 or more acres may apply to the Planning Board
for a cluster residential development. Such application shall be accompanied
by sketches indicating the general plan and the area to be retained
in open space and shall state whether it is proposed that such open
space be dedicated to the Borough for public use and maintenance or
whether it is proposed that such open space be owned and maintained
by an open space organization as provided in this chapter.
(b)
The Planning Board shall have full authority
to approve or disapprove the application of the cluster residential
development with respect to any major subdivision so proposed, and
it shall furthermore have full authority to approve or disapprove
the location of lands to be maintained as open space in connection
with the development.
(c)
If, in the opinion of the Planning Board, such
a development will assist in achieving the objectives of the Master
Plan and if it is proposed that some or all of the open space be dedicated
to the Borough, then the Planning Board shall request approval in
principle from the governing body that the ownership of the open space
resulting from the application of the development will be acceptable
to the Borough. If such approval in principle is not forthcoming,
the applicant may not proceed with the submission of a cluster development
plan unless such plan is amended to provide for the establishment
of an open space organization to own and maintain the open space areas
resulting from such plan.
(d)
Standards for the initial determination of the
reasonableness of a cluster residential development and for determining
the acceptability of open space areas shall include, but not be limited
to, the following:
[1]
The need for open space as determined by the
Borough Master Plan and foreseeable future development;
[2]
The potential for an open space connection between
two open space areas;
[3]
Soil or vegetation characteristics of the area
that provide a desirable public wildlife refuge;
[4]
The preservation of natural drainage networks
and steep slopes;
[5]
The protection of surface and groundwater supply
resources in the Borough; and
[6]
Such other reasonable requirements as determined
by the Planning Board.
(5)
Submission procedure. The applicant shall proceed
pursuant to the major subdivision procedure provided in this chapter
for subdivision review.
D.
Senior citizens and congregate-care housing.
(1)
The architectural design of all buildings devoted
to senior citizen housing must be consistent with the ultimate purpose
of achieving independent, self-reliant and pleasant living arrangements
for senior citizens and should take into account the desires and needs
of older persons for privacy and participation in social and community
activities. At the same time, provisions should be made to accommodate
the limitations that sometimes accompany advanced years so that independent
living can be sustained. Such provisions shall include but shall not
be limited to the following:
(a)
The threshold of rooms shall be flush with the
floor.
(b)
Grab bars shall be provided beside toilets and
in bathtubs or shower stalls.
(c)
Ramps shall be provided leading to all structures.
(d)
Dwelling units and structures containing dwelling
units shall be designed and constructed so as to be free of architectural
barriers which would prohibit or limit access to or utilization of
the dwelling units by physically handicapped or disabled individuals,
provided that ramps or elevators providing access to a second story
within a structure containing dwelling units shall not be required.
(2)
Television antenna equipment shall be built into the
building to eliminate individual antennas being erected upon the roof.
(3)
No air-conditioning unit shall project more than two
inches from the face of the wall of the building in which it is installed.
(4)
An area of no less than 600 cubic feet of storage
space for each dwelling unit in senior multifamily housing developments
shall be provided.
(5)
Laundry facilities shall be provided in an enclosed
area for the exclusive use of the occupants of the buildings. No outside
clotheslines or clothes-hanging facilities or devices shall be provided
or permitted.
(6)
Off-street parking.
(a)
A minimum of 1.5 parking spaces per unit for
senior citizen housing, and 0.75 spaces per unit for congregate-care
facilities shall be required.
(b)
Required parking may be provided by any combination
of enclosed or open spaces, but in no event shall the parking facilities
be more than 150 feet from the building they are intended to serve.
(c)
Curb ramps shall be provided at all street corners,
in parking areas and at designated pedestrian crossings.
(7)
Utilities and services.
(a)
All dwelling units within a structure shall
be serviced by public water and a sanitary sewer system which shall
be constructed and maintained in conformity with all applicable state,
county and municipal regulations and requirements in effect.
(b)
All utilities shall be installed underground.
(c)
Refuse pickup areas shall be provided for the
convenience of the occupants of the dwelling units. All such areas
shall be screened with evergreens on at least two sides and planted
at a height of at least six feet.
(8)
Where balconies are incorporated as part of the design
of buildings, they shall not be utilized for storage purposes. Personal
property used on the balcony, including chairs, chaises and tables,
may be left on the balconies; however, the storage and display of
any and all other personal property is prohibited. The use or storage
of gas grills or other cooking facilities on balconies is prohibited.
The enclosure of balconies is prohibited.
[Added 4-9-2003 by Ord. No. 1248]
E.
Child-care facilities. Applications for freestanding
child-care centers as a permitted principal use shall comply with
the following:
(1)
Area and bulk regulations:
[Amended 10-19-2010 by Ord. No. 1498]
|
Regulation
|
All Nonresidential Districts
| |
|---|---|---|
|
Minimum lot area (square feet)
|
40,000
| |
|
Minimum lot width (feet)
|
150
| |
|
Minimum lot depth (feet)
|
150
| |
|
Minimum front yard (feet)
|
35
| |
|
Minimum side yards (feet)
|
25
| |
|
Minimum rear yards (feet)
|
50
| |
|
Maximum building coverage (percent)
|
30
| |
|
Maximum total coverage (percent)
|
65
| |
|
Maximum building height (stories/feet)
|
2/30
|
(2)
A minimum of 15 square feet of outdoor play area per
child per play shift shall be provided. Play areas shall be permitted
in the rear and side yards only and shall be enclosed by a fence at
least four feet in height and landscaped and screened from adjoining
properties.
(3)
The proposed outdoor area shall be designed with sufficient
dimensions and orientation to enable its conversion to a parking area
which would serve the building if it were occupied for an alternative
permitted use. An applicant for a day-care facility shall be required
to submit a sketch layout indicating the prospective conversion of
a play area to a parking use, including the location of access aisles,
stall dimensions, location of parking spaces and provisions of an
area for perimeter landscaping, as provided by ordinance.
(4)
One off-street parking space shall be provided for
every six children which the center is designed to accommodate, plus
one space per employee at peak shift.
(5)
Such facility shall comply with all applicable governmental
requirements and shall be licensed by the New Jersey Department of
Human Services.
(6)
A child-care facility may be permitted to occupy an
entire building or a portion of an existing building which is partially
occupied by other uses, irrespective of any other ordinance limitations
on the number of principal permitted uses allowed on a lot.
(7)
The floor area occupied by a child-care center in
any building for which the child-care center is an accessory use,
shall be excluded in calculating any parking requirement otherwise
applicable to that amount of floor space and shall be excluded from
the permitted floor area ratio allowable for that building.
F.
Automobile body shops; screening required. Vehicles
parked or standing in other than a fully enclosed building, and all
vehicles being repaired or serviced in other than a fully enclosed
building, shall be located in an area completely surrounded by a six-foot-high
fence, constructed of such material that the fence shall serve as
a complete and effective screen, thereby preventing sight of any such
vehicles from any street or any adjoining lot.
G.
Automobile service station/body repair facility.
(1)
An application for a gasoline service station shall
contain all of the data required for site plan review as set forth
in this chapter, and shall include the following additional information:
the exact location of tanks, pumps, lifts and other appurtenances,
if any.
(2)
The lot shall be at least 400 feet, measured in a
straight line, from any boundary line of any property which is used
as or upon which is erected a public or private school or playground
or athletic field, place of worship, hospital, public use, theater,
or fire station, and 1,000 feet, measured in a straight line, from
any boundary line of a property which is used as a gasoline service
station.
(3)
Gasoline or oil tanks or pumps may be located within
the front yard or front setback, but in no case shall they be closer
than 12 feet from the property line where curbing exists, and 20 feet
from the property line where no curbing exists, with entrance and
exit points.
(4)
Driveways, exits, entrances, parking area and area
used by motor vehicles must be surfaced with an asphalt or bituminous
pavement which shall be graded and drained to dispose of all surface
water as approved by the Borough Engineer.
(5)
Accessory uses. No part of any gasoline station, wherever
located, shall conduct any use other than repair services and sales
of products directly connected with or related to motor vehicles,
except that a retail convenience store shall be permitted as an accessory
use subject to the following conditions:
[Amended 4-9-2003 by Ord. No. 1247]
(a)
All goods sold shall be limited to goods or
equipment in small parcels or quantities sold at retail accessory
to the operation of the gasoline service station.
(b)
Where the gasoline service station has bays
for automotive repair services, the area utilized as a retail convenience
store shall not exceed 750 square feet of floor area. Where the gasoline
service station does not have bays for automotive repairs, the area
utilized as a retail convenience store shall not exceed 1,500 square
feet of floor area.
(c)
Any food sold must be prepackaged and preprepared.
(6)
Outdoor repair prohibited:
(a)
On any premises upon which a gasoline service
station is located, all services or repairs to or for motor vehicles,
other than such minor items as the changing and filling of tires or
the sale of gasoline or oil, shall be conducted within the confines
of a building.
(b)
No gasoline service station shall permit its
premises to be used, hired or rented for the outdoor storage or parking
of licensed vehicles which have not been temporarily left in the custody
of the operator of the service station for service or repair, nor
for overnight storage or parking of any unlicensed or unregistered
vehicle under any circumstance. Furthermore, no more than seven vehicles
temporarily left in the custody of the operator of the service station
for service or repair shall be stored or parked outdoors overnight
on the premises, and no such vehicle shall remain on the premises
for more than 10 consecutive days.
[Amended 6-18-2019 by Ord. No. 1792]
(7)
Storage of flammable materials. Storage facilities
for gasoline, oil or other flammable materials in bulk shall be located
wholly underground and no nearer than 30 feet to any lot line or the
street right-of-way line and in no event any closer than prescribed
by the New Jersey State Fire Prevention Code, whichever is the more
stringent. No gasoline pump shall be located or permitted within any
enclosed or semi-enclosed building.
(8)
(9)
Open space: All gasoline service stations shall provide
for an unoccupied, landscaped open space area with a minimum width
of 15 feet along all property lines. The open space areas shall be
maintained at all times. Off-street parking, outdoor storage or any
use other than as an open landscaped area shall be prohibited, except
that entrance and exit drives not to exceed 30 feet in width shall
be permitted in open space areas, subject to Planning Board approval.
(10)
Prohibitions:
(a)
There shall be no overnight outdoor display
or storage of materials, merchandise, supplies or accessories, including,
but not limited to, tires and auto parts.
[Amended 6-18-2019 by Ord. No. 1792]
(b)
Accessory buildings shall be prohibited, except
that well houses, pump houses and package septic systems shall be
permitted.
(11)
Buffer strip. When a gasoline service station
abuts a residential district, a minimum twenty-five-foot buffer strip
shall be provided, with dense evergreen plantings at least six feet
in height.
(12)
Vehicular access to or exit from a service station
shall not be closer to the intersection of any two streets than 50
feet, nor shall any such drive be located within 30 feet of any boundary
line of any residential district or residential lot.
(13)
The provision of canopies, lighting, and building
facade treatment shall reflect the community's architectural character
and aesthetics.
(14)
Multiple uses shall not be permitted on a lot.
(15)
In addition to the regulations contained in Article XVI, Signs, the following sign controls shall be imposed:
(a)
One freestanding pylon sign bearing the brand,
trade name or trademark and unit prices of the service station, not
exceeding 40 square feet in area, on each side, shall be permitted.
The lowest point of the sign shall not be less than 10 feet from the
average grade elevation below the sign, nor shall any part of the
sign be more than 25 feet above ground level.
(b)
No sign shall be permitted on a canopy.
(c)
There shall be permitted signs to be attached
to fuel pumps indicating the price per gallon of fuel, provided that
such signs do not exceed 1.0 square feet in area per sign per individual
pump-dispensing mechanism.
(d)
Permitted signage may be illuminated during
business hours. No signage shall be illuminated after the service
station is closed for business.
(e)
No illumination, other than security lighting,
shall be permitted after business hours.
(f)
Lettering or other insignia which are a structural
part of the gasoline pumps, as manufactured, shall be permitted.
(16)
A wall, fence or suitable evergreen hedgerow or screen planting
at least five feet in height shall be constructed and maintained between
the gasoline service station and any adjoining residential lot. The
design of such wall, fence or planting shall be subject to the approval
of the Planning Board, which may also require additional plantings
to screen the service station from adjoining lots.
[Added 6-18-2019 by Ord.
No. 1792]
H.
Self-storage facilities shall be permitted in the
I-1 District, subject to the following:
[Added 7-9-2003 by Ord. No. 1257]
(1)
The area and bulk requirements of the I-1 District
shall apply.
(2)
Multiple structures shall be permitted, provided that
their use is limited to self-storage use, and all structures are in
single ownership.
(3)
Where multiple buildings are provided, a minimum side
yard of 35 feet shall be provided between buildings, and where fronts
or rears of buildings face each other a minimum of 50 feet shall be
provided.
(4)
Access to the individual storage units must be from
the interior of the building, and must be entered through an access
door to the exterior, which shall be kept closed and secured at all
times the facility is not opened.
(5)
The facility may be open only from the hours of 6:00
a.m. through 10:00 p.m., seven days a week.
(6)
The site shall be fenced and screened with evergreen
plantings sufficient in height and depth to adequately landscape the
site and screen the site from neighboring residential uses and to
prevent light spillage. A landscape plan shall be prepared by a New
Jersey certified landscape architect showing evergreen deciduous plant
materials that will include trees, shrubs, and ground cover where
appropriate.
(7)
There shall be on-site supervision at all times when
the facility is available for use by its customers.
(8)
On-site parking shall be provided on the basis of
one parking space for each 75 units, or one space for each 10,000
square feet of floor area, whichever is greater. Temporary parking
may be provided in service aisles at or in front of storage bays or
access to storage areas to service individual units.
(9)
No business activity, other than the rental of storage
space, shall be permitted. There shall be no storage of food products,
controlled substances, or hazardous chemicals or materials of any
kind; nor storage of firearms or animals; nor shall there be permitted
any operation of any machinery or generation of any operational noise;
and no manufacturing or assembly process, wholesale operation, or
retail sales of any kind.
(10)
Outdoor storage is prohibited.
(11)
The tenant lease/agreement shall include all
site and facility restrictions as indicated in this section, and a
copy of the tenant/lease agreement shall be provided to the Board
Attorney.
(12)
Facades of all structures facing public streets
or visible from public streets and residential uses, within 500 feet,
shall be constructed of materials which are of brick, decorative masonry,
finished wood of a combination of such materials.
(13)
One operational manager's office shall be permitted
as an accessory use to the principal use of the mini-storage or self-storage
warehousing use.
(14)
The retail sale of packaging and storage materials
for tenants of the facility shall be permitted, provided that it is
done in conjunction with the manager's office as an accessory use,
and the area devoted to such sales is limited to 150 square feet.
A.
Accessory structures and uses in residential districts.
No accessory building or structure shall be built on any lot on which
there is not a principal building or structure.
(1)
Accessory structures or uses shall not be located in the required
front yard or within the side yard of any residential zone and may
be erected anywhere within the required rear yard, except as provided
herein:
[Amended 4-17-2014 by Ord. No. 1585; 6-21-2016 by Ord. No. 1678]
(a)
In all residential zones, no accessory structure or use shall
be located within 25 feet of a side or rear property line.
(b)
An accessory structure, except for mechanical equipment designed
to provide heating, ventilation, air conditioning and cooling (HVAC)
and generators, shall be set back minimally 10 feet from the principal
building.
(c)
Light posts, mailboxes, fences, signs and retaining walls shall
be permitted in the required front yard of any residential use. Off-street
parking is also permitted in a front yard, restricted to the driveway
area.
(d)
Mechanical equipment designed to provide heating, ventilation,
air conditioning and cooling (HVAC), and generators designed to provide
emergency power to the principal structure on the lot on which they
are located in a residential zone, shall be permitted in the side
yard or rear yard, but shall not be located within 25 feet of a side
or rear property line.
(2)
No accessory structure or use in a residential zone
shall exceed a height of 15 feet and 1 1/2 stories, except as
provided elsewhere in this chapter.
(3)
When an accessory use is attached to the principal
building, it shall comply in all respects with the requirements of
this chapter applicable to the principal building or use.
(4)
No accessory structure shall be used for human habitation.
(5)
Columns, pillars, piers, walls, etc. All columns,
walls or other similar structures, which are typically located on
one or both sides of a driveway or entrance but may be located anywhere
on a property, shall be considered accessory structures and shall
not be erected or constructed without a building permit, except that
this section shall not apply to functional retaining walls which rise
no more than one foot above grade. The structures covered by this
subsection shall not be permitted unless they comply with the following
conditions:
[Amended 4-15-2010 by Ord. No. 1476]
(a)
Except as provided in Subsection A(5)(h) hereinbelow for driveway piers with gates, they shall not be constructed within the right-of-way or closer than 10 feet behind the curb or edge of the pavement, whichever is greater. This restriction shall apply even in the event that this area is not paved and is not presently being used as a roadway.
[Amended 9-21-2021 by Ord. No. 1850]
(b)
Said structures shall not be greater in size than 36 inches
by 36 inches or have more than a thirty-six-inch diameter where they
are circular, except for a top cap which may be up to 40 inches across
and with a maximum height or thickness of eight inches, and they shall
not be more than five feet high. Said five feet shall be measured
from the lowest point at the base of the structure, exclusive of any
lighting fixture located on the structure.
(c)
Any opaque wall attached to a column or pillar may not be higher
than 2.5 feet or less than 10 feet from the side lot line.
(d)
Any opaque wall which is located closer than 25 feet to the
front line may not be more than 15 feet in length. The maximum of
two fifteen-foot walls are permitted for each driveway entrance and
a maximum total combined length for each driveway entrance may not
exceed 30 feet.
(e)
No opaque driveway gates are permitted.
(f)
Under no circumstances shall opaque walls or other structure
be constructed in the front or side yard setback of a corner lot,
within 75 feet in each direction. The term opaque as used herein refers
to any structure with a surface which is more than 50% opaque.
(g)
Those structures designed solely to support mailboxes shall
be exempted from the restrictions described herein, provided that
said structures perform no other function than supporting a mailbox
and have dimensions no greater than 16 inches by two feet by four
feet.
(h)
Driveway piers with manual or mechanical gates shall not be
constructed closer than 20 feet to the curb or edge of pavement, but
in no case less than 10 feet from the right-of-way line, whichever
is greater, to allow for safe entry into the property while the gates
are open. Gates shall also meet the following requirements:
[1]
Gates shall open inward towards the property;
[2]
For purposes of this section, gates shall meet the height requirements for fences as set forth in Subsection F below;
[3]
A minimum clear, unobstructed width of 16 feet shall be provided;
[4]
Gates shall be of the sliding or swinging type;
[5]
Construction of gates shall be of materials that allow manual
operation by one person;
[6]
Gate components shall be maintained in an operative condition
at all times and replaced or repaired when defective; and
[7]
All locking devices shall provide for emergency access and shall
be approved by the Fire Subcode Official.
B.
Accessory structures and uses in nonresidential districts.
No accessory building or structure shall be built on any lot on which
there is not a principal building or structure.
(1)
Accessory structures or uses shall not be located
in the required front yard of a nonresidential zone, except that off-street
parking spaces shall be permitted, but in no case shall said parking
lot or portion thereof be permitted closer than 15 feet to the street
line.
(2)
Accessory structures or uses shall not be located
within 15 feet of a side or rear lot line. Accessory structures shall
be minimally 15 feet from the principal building, provided that any
lot abutting a residential zone shall be 30 feet, and further provided
that accessory uses in the HOB-RL and OB-RL Zones shall be setback
100 feet.
(3)
No off-street loading area or loading facility shall
be permitted in a front yard.
(4)
No accessory structure or use in a nonresidential
zone shall exceed a height of 20 feet and 1.5 stories, except as provided
elsewhere in this chapter.
(5)
See § 300-121A(5) for additional regulatory controls regarding columns, pillars, walls, etc.
C.
Private garages. There shall be erected with every
dwelling at least a one-car garage, which may be attached to, detached
from or constructed beneath the dwelling, subject to the following
conditions:
(1)
A private garage may be erected only upon a lot containing
a principal building.
(2)
No detached garage shall be erected unless all of
the following conditions are observed:
(a)
Minimum setback to side and rear lines: 25 feet.
(b)
Extension beyond side yard setback of a corner
lot: prohibited.
(c)
Maximum building height: 15 feet.
(d)
Minimum setback to all other structures: 20
feet.
(e)
A garage in a residential zone may not be utilized
for the storage of more than four automobiles and shall not be designed
to accommodate more than four automobiles.
[Added 3-10-2004 by Ord. No. 1275]
(3)
Any private garage shall be limited only to any of
the following stated uses:
(a)
Storage of passenger motor vehicles and recreational
vehicles.
(b)
Storage of other personal property, except as
limited below.
(c)
Storage of one commercial vehicle or, in lieu
of the commercial vehicle permitted to be parked outside overnight
in accordance with the regulations set forth below, two commercial
vehicles, limited as to weight or size as provided herein, owned or
operated by any occupant or operated by any occupant of the principal
residential dwelling.
(d)
No construction equipment shall be stored in
a garage.
(4)
In addition to the vehicles permitted herein, the
following may be parked outside overnight in a residential district:
passenger motor vehicles, recreational vehicles, and one commercial
vehicle as limited in size pursuant to the regulations herein, owned
or operated by an occupant of the principal residential dwelling,
provided that such vehicle is parked on a driveway or, if not on a
driveway, then not closer to the property line than the building setback
lines.
(5)
The commercial vehicles which may be stored in a garage
or parked outside overnight shall be limited to:
(a)
Pickup trucks, dump trucks, panel trucks, vans,
stake-body trucks or station wagons, none of which vehicles shall
exceed the nominal one-ton capacity, and none of which vehicles shall
be designed or registered for a gross vehicle weight in excess of
10,000 pounds.
(b)
Light utility trailers of the type used to transport
lawn care equipment and of a length not exceeding 15 feet.
(6)
Except as permitted in § 300-121C(4), no commercial vehicle or construction equipment shall be parked outside overnight in any residential district or upon any municipally owned lands, except when such commercial vehicle or construction equipment is in daily use on the lot or lots where it is stored to perform work authorized on the lot or lots by valid and current building, subdivision, soil mining or driveway permits, provided that in no event shall such vehicles be stored after the work to be performed has been completed.
(7)
Nothing contained herein is intended to prohibit the
parking or storage of any commercial vehicle or construction equipment
indoors or outdoors overnight upon any lot in a residence district
wherein an occupant of the principal dwelling thereon has, prior to
December 14, 1966, and continuously and without interruption since
that date, stored or parked, in a private garage or outdoors, a commercial
vehicle or vehicles in excess of the size and number permitted above,
or construction equipment; provided, however, that upon the discontinuance
of such parking or storage the right thereto shall cease and shall
not run with the land.
(8)
The limitations of this subsection concerning parking
or storage of commercial vehicles and construction equipment in a
residential district shall not apply to commercial vehicles and construction
equipment utilized in connection with the production or distribution
of farm or dairy products, which farm or dairy otherwise complies
with the minimum acreage requirements for farms or dairies or which
farm or dairy is an existing nonconforming use.
D.
Hothouses or greenhouses. A hothouse or greenhouse
shall be used only for raising or growing of horticultural or agricultural
products to be used on the premises and not sold therefrom, and must
not be closer to side or rear lot lines than 25 feet.
E.
Swimming pools and tennis courts:
(1)
Swimming pools above- or in-ground and used exclusively
for private purposes shall be located or situated behind any rear
wall of the house. Pools shall not be permitted between the side property
line and the adjacent side wall of the dwelling which is closest to
the property line. Said pool, walkway, patio, cabana and pool equipment
is required to be a minimum distance of 25 feet from side and rear
lot lines.
(2)
Tennis courts when used exclusively for private residential
purposes only and provided that they shall be located to the rear
of the principal building and shall be a minimum distance of 25 feet
from rear and side lot lines. Fences may be erected in connection
with the tennis courts, but in no case more than 14 feet in height
nor closer than 25 feet to the side and rear lot lines, and further
provided that illuminating lights may be installed if they comply
with the following requirements:
(a)
Lighting fixtures must be a minimum of 25 feet
from the rear and side lot lines.
(b)
At all times the lighting intensity at the property
lines shall be a maximum of 0.15 footcandles. This measurement shall
be conducted in accordance with generally accepted engineering standards,
and the measurement shall include and be the sum of the combined illumination
of the tennis court lighting, other lighting on the property and lighting
from any natural light sources.
(c)
Lighting on tennis courts shall not be permitted
after 10:00 p.m., except on Friday and Saturday evenings when lighting
will be permitted until 11:00 p.m.
(d)
Fixtures shall be of a type and shall be mounted
and shielded in such a manner as to prevent the light source from
being visible off the property.
(e)
The mounting light of lighting fixtures shall
not exceed 25 feet or the height of the principal building, whichever
is less.
(3)
Platform tennis courts, when used exclusively for
private residential purposes only, shall be located to the rear of
the principal building and shall be a minimum distance of 70 feet
from rear and side lot lines, and further provided that no illuminating
lights shall be permitted.
F.
Fences, berms and walls:
[Amended 5-17-2011 by Ord. No. 1515; 8-21-2012 by Ord. No. 1553; 3-19-2013 by Ord. No. 1562]
(1)
No fence shall be erected, altered or constructed in any residential
zone which shall exceed five feet in height above ground level, except
for those fences located on that side of a residential property facing
Route 208 or Route 287, where fences may be no more than six feet
in height. Fences in all nonresidential zones shall be permitted to
be no more than six feet in height.
(2)
No decorative wall shall exceed a height of two feet in the front
yard. All other decorative walls shall conform to the regulations
on fences and shall be considered opaque for the purposes of this
chapter.
(3)
Except for driveway construction, which must meet the requirements of Borough Code § 300-71D(4), no retaining walls, berms, or regrading which would require a soil moving permit shall be located within 15 feet of any property lines.
(4)
If it is demonstrated that a retaining wall of a height greater than
four feet is necessary, said retaining wall shall be terraced, where
feasible, to enable suitable plantings to be installed along the retaining
wall, thereby ensuring that individual sections of the retaining wall
do not exceed four feet.
(5)
Notwithstanding the above provisions, no fence or wall shall be erected,
altered or constructed in any zone which shall violate the provisions
set forth regarding sight triangles.
(6)
Fences surrounding the perimeter of tennis courts shall be exempt
from the above requirements. Said fence shall not exceed 14 feet in
height above ground level.
(7)
The finished side of a fence shall face the adjoining properties.
(8)
Opaque fences shall not be located in any of the required building
setback areas in the following zones: A-22.5, A-40C, A-40 and A-130;
except for those fences located on the side of a residential property
facing Route 208, Route 287 or a nonresidential use. Opaque fences
are not permitted in the front yard setback of any zone.
[Amended 11-12-2013 by Ord. No. 1575]
(9)
Applications for fences shall be accompanied by a zoning permit fee in accordance with Chapter 495 of the Borough Code.
[Amended 10-19-2021 by Ord. No. 1851]
(10)
Swimming pools, spas and hot tubs.
(a)
In accordance with § 220-5 of the Borough Code, all new and existing residential swimming pools, spas and hot tubs shall comply with the requirements for fences and barriers as set forth in Section AG105 of Appendix G, "Swimming Pools, Spas and Hot Tubs," of the International Residential Code, 2006, New Jersey edition, and as same may be amended from time to time. These requirements shall apply to all new and existing swimming pools, spas and hot tubs, installed at any time. Copies of Section AG105 of Appendix G, "Swimming Pools, Spas and Hot Tubs," of the International Residential Code, 2006, New Jersey edition, and as same may be amended from time to time, shall be available for the public in the Construction Enforcement Department office during normal business hours.
[Amended 2-21-2017 by Ord. No. 1697]
(b)
As provided in Subsection B of § 220-5 of the Borough Code, for residential swimming pools, spas or hot tubs installed prior to 1977, if the swimming pool, spa or hot tub does not meet the requirements as set forth above, then the property owner shall meet those requirements within six months following the transfer of title of the property. Any person who fails to meet the requirements of this Subsection B of § 220-5 within six months following the transfer of title of the property shall be in violation of § 220-5 and shall be subject to the penalties set forth therein.
(11)
Fences constructed on residential properties shall not be constructed
in a manner or with materials which endanger the health, safety or
welfare of individuals or animals. Barbed wire or similar material
shall not be utilized. Fences shall not be topped with metal spikes
or constructed of any material or in any manner which creates a serious
danger to an animal or individual attempting to scale the fence.
[Added 3-18-2014 by Ord. No. 1582]
(12)
Deer fences.
[Added 8-15-2017 by Ord.
No. 1722]
(a)
As used in this subsection, "deer fence" shall mean a square-mesh
or hexagonal-mesh fence, with a mesh size of approximately eight square
inches or less, used to protect gardens, vegetation, and yards from
deer or other wildlife.
[Amended 5-17-2022 by Ord. No. 1874]
(b)
Deer fences may be installed in the rear yard only.
(c)
On corner lots, deer fences shall be permitted in the rear yard,
except that the deer fence shall be set back at least 15 feet from
the side lot line on the street side facing the side of the building.
For purposes of this subsection, the rear yard of a corner lot shall
be defined as the open space extending across the full width of the
lot between the principal building and the rear lot line.
(d)
No deer fence shall be erected, constructed, or installed which
is over eight feet in height.
(e)
Deer fences shall only be constructed of a polypropylene material
or a metal core covered by polypropylene material only.
(f)
Deer fencing may not be attached to trees, and must be securely
supported by posts or attached to existing fencing, and shall be installed
in accordance with manufacturer specifications.
(g)
Deer fencing must be safety staked or secured at ground level
and may not have caps or rails or other decorative or nonfencing material
at its top edge.
(h)
Deer fencing materials shall be the same color, with colors
limited to black, brown, or green to harmonize with the surrounding
landscape of the area.
(i)
A permit shall be required from the Construction Enforcement
Department for a deer fence. A sample of the proposed fencing material
must be submitted with the permit application.
(j)
Deer fencing shall be maintained in good condition and be subject
to periodic inspection by the Code Enforcement Official to assure
that it has not deteriorated, come loose or has otherwise become a
visual or safety nuisance or hazard.
G.
Cabanas, gazebos and sheds.
(1)
Cabanas, toolsheds and garden sheds are permitted
where they are used exclusively for private purposes, provided that
such structure be located to the rear of the principal building and
shall be a minimum distance of 25 feet from rear and side lot lines.
No such accessory structure shall exceed 12 feet in height or 300
square feet in area, the area to be measured from outside dimensions
of the structure and the height to be measured from the highest roof
peak to the ground immediately beneath the peak.
(2)
Ornamental gazebos shall be permitted in a side or
rear yard, provided that it is not placed forward of the front line
of the building, and shall not have a height of greater that 15 feet;
except that, on corner lots, it shall be no closer than 25 feet to
the street line of the side street on which the lot fronts.
H.
Horses and stables. Horses and stables are permitted
as accessory uses in residential zones, provided that there is compliance
with the following:
(1)
Horses: Up to four horses may be maintained when they
are owned by the owner of the property who is also a resident on the
premises; provided, however, that in addition to the minimum acreage
required for a dwelling in the zone in which the property is located
there is an additional 40,000 square feet of pastureland for each
horse. Where the additional acreage is available, more than four horses
may be maintained; provided, however, that the property must have
a minimum of 15 acres of pastureland, including a minimum of one acre
of pastureland for each and every horse on the premises, excluding
the land necessary for the dwelling in that zone.
(2)
Stable or barn.
(a)
A stable to house a horse or horses raised and
owned by the resident of the premises is required, provided that the
stable shall be located to the rear of the dwelling and shall be a
minimum distance of 25 feet from rear and side lot lines, and provided
that any such sheds, barns, stables, corrals, pens or other structure
used to house a horse or horses raised on the premises shall be located
a minimum of 100 feet from any dwelling other than the principal dwelling,
as well as a minimum distance of 400 feet from any place where food
is sold, and provided further that any residential premises on which
a horse or horses are raised shall have, in addition to the minimum
acreage required for a dwelling in that zone, 40,000 square feet of
pastureland for each horse.
(b)
Any stable or barn designed to house or maintain
more than four horses or any corrals located on property where more
than four horses are maintained shall be located a minimum distance
of 100 feet from any dwelling and a minimum distance of 150 feet from
any property line as well as a minimum distance of 400 feet from any
place where food is sold.
(3)
Pastureland. The definition of pastureland as utilized
in this section shall be intended to mean all open land over which
horses would normally graze; however, the following shall not be included
within any computation of pastureland: heavily wooded land over which
horses would not normally graze; paved or graveled roadways when same
are utilized at any time by vehicles; any land with a slope of more
than 20%; any land which has been classified by the municipality or
by the State of New Jersey or any of its subdivisions or agencies
as wetlands or floodplain; any and all lands which are water covered
or of sufficient dampness or swamp-like to the extent that horses
could not reasonably graze on said property; any and all land located
within 400 feet from any place where food is sold; any and all land
located within 25 feet of rear and side lot lines.
(4)
Boarding of horses. Premises in a residential zone
may be used for the incidental boarding of horses, provided that a
dwelling on the premises is occupied by the person or persons who
use the premises for the boarding of horses, and provided further
that the premises shall have a minimum area of 15 acres and that there
shall be, in addition to the acreage required for a dwelling in that
zone, one acre of pastureland for each and every horse on the premises,
inclusive of horses owned, trained and maintained, as well as boarded,
on the premises. The incidental sale of any clothing or equipment
in connection with the boarding or training of horses is expressly
prohibited.
(5)
Accessory buildings or structures incidental to the
boarding of horses. The following accessory buildings or structures
may be permitted on premises in a residential zone which qualify under
the previous subsection to be used for the incidental boarding of
horses: sheds, barns, stables, corrals or any other structure used
to house, train, maintain or board horses on the premises, when located
a minimum distance of 100 feet from any dwelling and a minimum distance
of 150 feet from any property line, as well as a minimum distance
of 400 feet from any place where food is sold. Any building or structure
erected must also comply with local health regulations, where applicable.
I.
Child-care center facilities. Application for a child-care
center as a permitted accessory use shall comply with the following:
A child-care center shall be permitted to occupy as an accessory use
a portion of a building which is occupied as a principal permitted
use in all nonresidential zones. This use shall be available to the
occupants of the building and may also be available to others, provided
that:
(1)
The facility is licensed by the New Jersey Department
of Human Services.
(2)
A minimum of 15 square feet of outdoor play area per
shift per child shall be provided. Play areas shall be permitted in
the rear and side yards only and shall be enclosed by a fence at least
four feet in height and landscaped and screened from adjoining properties.
(3)
The area and bulk requirements applicable to the zone
in which the site is located shall be complied with.
(4)
No more than 15% of a building shall be occupied as
a day-care center.
(5)
No additional parking shall be required.
J.
Incidental home occupations. Incidental home occupations shall be
permitted in all detached single-family residential zones, provided
that there is compliance with the following:
[Amended 11-20-2018 by Ord. No. 1760]
(1)
Such use shall be conducted entirely within a dwelling and carried
on by the occupants thereof, which use is clearly incidental and secondary
to the use of the dwelling for dwelling purposes and does not change
the character thereof.
(2)
There is no display, no stock-in-trade nor commodity sold upon
the premises.
(3)
No person not a resident on the premises is to be employed for
the purposes of said home occupation.
(4)
The home occupation shall not occupy more than 25% of the total
floor area of the dwelling, and shall, for the purposes of said occupation,
not use any mechanical equipment not customary in the home.
(5)
All parking of motor vehicles for the persons engaged in the
home occupation and for business visitors shall be provided on the
premises. On-street parking for persons engaged in the home occupation
and for business visitors is prohibited.
(6)
The occupant who conducts the home occupation must apply for
and obtain a zoning permit prior to commencement of the home occupation.
K.
Clothing bins prohibited. Textile recycling bins, commonly known
as clothing bins, are prohibited in all zones, except at the Borough's
recycling center.
[Added 11-1-2011 by Ord.
No. 1530; amended 3-15-2016 by Ord. No. 1660]
L.
Amateur radio antennas and antenna support structures.
[Added 8-6-2019 by Ord.
No. 1795]
(1)
Antenna support structures of amateur radio operators licensed by the Federal Communications Commission may, as of right, have a height not exceeding 50 feet above grade, subject to the provisions of this Subsection L. The height shall be measured vertically and shall include the height of any building upon which the antenna support structure is mounted.
(2)
Towers must be self-supporting structures. Retractable towers
will be lowered to their minimum height when not in use.
(3)
A protective tamperproof anticlimb mesh should surround each
tower.
(4)
Self-supporting towers will be surrounded by a five-foot-high
locked fence.
(5)
Towers and antenna colors should blend into the surrounding
environment.
(6)
Tower construction must be certified by a licensed structural
engineer. Site plans and engineering documents shall be provided to
the Borough Construction Official for approval.
(7)
Every antenna and antenna support structure shall be located
in the rear yard.
(8)
Every antenna and antenna support structure shall be set back
at least 25 feet from side and rear property lines.
(9)
Tower may not be used for commercial purposes.
(10)
In order to obtain a building permit for the structure, the
applicant shall provide a copy of his or her valid federal amateur
radio operating license.
(11)
The applicant must meet and certify that all FCC radiation standards
are met.
(12)
Antenna may be located above the antenna support structure as
reasonably necessary for effective radio communications.
(13)
Upon the FCC-licensed operator's cessation of ownership or leasehold
rights in the subject antenna support structures, or upon the loss
of his or her federal amateur radio operator's license (whichever
shall occur earlier), the operator shall forthwith (but in no case
later than 90 days after written notice to the operator and to the
owner of record of the subject lot if known, or if not known, then
to the assessed owner, sent by certified mail, return receipt requested)
safely remove all antenna support structures.
(14)
In the event said operator shall fail during said ninety-day period to remove the antenna support structures pursuant to Subsection L(13) above, it shall be the duty, responsibility and obligation of the owner of the subject lot upon which any or all of such antenna support structures are located, to remove such structures forthwith.
(15)
Nothing set forth herein shall exempt or excuse anyone from
compliance with requirements of applicable provisions of the Uniform
Construction Code, other codes, all general law, and other Borough
ordinances.
A.
Places of worship. Churches, temples and other places
of worship shall be governed by the following regulations:
(1)
Minimum lot area (acres): 10.
(2)
Minimum lot width and depth (feet): 200.
(3)
Minimum building setback, all lot lines (feet): 150.
(4)
Maximum building height (feet): 40 (exclusive of steeple).
(5)
Maximum building coverage (%): 20.
(6)
Minimum buffer width (feet): 50 feet to all lot lines.
(7)
Minimum parking: one space/three seats.
(8)
Parking space location: prohibited in front yard;
permitted in side/rear yards, provided that it is setback minimally
50 feet from side and rear yard lines.
(9)
Accessory uses permitted: religious school.
(10)
Access: minimum of one separate entrance and
one separate exit from a public road.
(11)
Parsonage or manse: zoning regulations in Table
for single-family dwelling, and shall be on a separate lot.
(12)
Maximum seating capacity of social hall: 30%
of seating capacity of sanctuary.
B.
Public and private elementary and secondary schools
shall be permitted subject to the following:
(1)
Minimum lot area (acres): 10.
(2)
Minimum lot width and depth (feet): 200.
(3)
Minimum building setback, all lot lines (feet): 150.
(4)
Maximum building height (stories): two.
(5)
Maximum building coverage (%): 20.
(6)
Maximum total coverage (%): 65.
[Amended 10-19-2010 by Ord. No. 1498]
(7)
Minimum parking: one per five of pupil capacity in
secondary schools; one per 10 of pupil capacity in elementary schools;
plus one per employee and two per school bus to be parked.
(8)
Parking space location: prohibited in front yard;
permitted in side/rear yards, provided it is setback minimally 50
feet from side and rear yard lines.
(9)
Minimum buffer (feet): 50 to all lot lines.
(10)
Accessory uses permitted: private garage.
(11)
Miscellaneous: must meet regulations of National
Code, Board of Fire Underwriters; masonry construction.
(12)
Such school shall have as its prime purpose
the general education of students in the arts and sciences and shall
be licensed by the State Department of Education as required by law.
C.
Golf courses.
(1)
Minimum lot area (acres): 100.
(2)
Minimum building setback, all lot lines (feet): 150.
(3)
Minimum road frontage (feet): 200.
(4)
Maximum building coverage: 5%.
(5)
Maximum building height (feet): 30.
(6)
Minimum parking: one per member and one per employee.
(7)
Parking space location: minimum 50 feet from lot lines.
(8)
Accessory uses permitted: private garage and utility
building.
(9)
Miscellaneous: buildings and structures limited to
clubhouse, pro shop manager's quarters, swimming pool, tennis courts,
locker rooms; course not to be illuminated.
D.
Water utility uses are permitted in the A-130 Zoning District, provided
that they satisfy the following conditions:
[Added 2-21-2012 by Ord. No. 1536; amended 6-1-2021 by Ord. No. 1836]
(1)
Minimum lot area (acres): 90.
(2)
Minimum building setback, front yard (feet): 50.
(3)
Minimum building setback, all other lot lines (feet): 100.
(4)
Maximum building coverage: 5%.
(5)
Maximum total coverage: 10%.
(6)
Maximum building height (feet): 45.
(7)
Minimum easement area, if property is owned by a public entity
(acres): 2.5.
(8)
Accessory uses permitted: buildings, structures and antennas
for water utility purposes.
(9)
Parking of utility vehicles on an as-needed basis; provided,
however, that there will be no long-term storage of utility vehicles
incidental to the use.
(10)
There must be a finding by the Planning Board that the particular
use is essential for service by the utility to the neighborhood or
area in which the particular use is to be located and that the most
suitable location has been chosen.
(11)
The design of structures and facilities shall conform to the
general design characteristics of the neighborhood in which they are
to be located so that the facilities or structures will not adversely
affect the safe and comfortable enjoyment of property rights in the
zone in which the structures and facilities are to be located or adversely
affect property values.
(12)
Adequate fences and other safety devices and precautions shall
be provided, and shall be buffered and landscaped where deemed necessary
by the Planning Board.
E.
Water
utility uses are permitted in the A-40 Zoning District, provided that
they satisfy the following conditions:
[Added 6-1-2021 by Ord. No. 1836]
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum building set back, front yard (feet): 50.
(3)
Maximum building height (feet): 24.
(4)
Maximum building footprint: 2,200 square feet.
(5)
Accessory uses permitted: buildings, structures and antennas
for water utility purposes.
(6)
Parking of utility vehicles on an as needed basis; provided,
however, that there will be no long-term storage of utility vehicles
incidental to the use.
(7)
There must be a finding by the Planning Board that the particular
use is essential for service by the utility to the neighborhood or
area in which the particular use is to be located and that the most
suitable location has been chosen.
(8)
The design of structures and facilities shall conform to the
general design characteristics of the neighborhood in which they are
to be located so that the facilities or structures will not adversely
affect the safe and comfortable enjoyment of property rights in the
zone in which the structures and facilities are to be located or adversely
affect property values.
(9)
Adequate fences and other safety devices and precautions shall
be provided, and shall be buffered and landscaped where deemed necessary
by the Planning Board.
(10)
All equipment shall be located and all activities shall be conducted
inside an appropriate structure which complies with all zoning and
other requirements.
A.
Continuation permitted; restrictions. Any lawful nonconforming
use or structure existing at the time of the passage of the Zoning
Ordinance of August 9, 1937, or of any amendments or supplements thereto
making it a nonconforming use or structure, may be continued on the
lot or in the building so occupied, and any such structure may be
restored or repaired in the event of partial destruction thereof.
B.
The lawful use of any building or land existing at
the time of the enactment of this chapter may be continued, although
such use does not conform to the provisions of this chapter, subject
to the following:
(1)
Unsafe structure. Any structure or portion thereof
declared unsafe by a proper authority may be restored to a safe condition
and as regulated herein.
(2)
Alterations. A nonconforming building may not be reconstructed
or structurally altered during its life except with the prior approval
of the Board of Adjustment, unless the building is changed to a conforming
use.
(3)
Extensions. A nonconforming use shall not be extended,
but the extension of a lawful use to any portion of a nonconforming
building which existed prior to the enactment of this section shall
not be deemed the extension of such nonconforming use. Conversely,
no nonconforming use shall be extended to displace a conforming use.
(4)
Destruction. No building damaged by fire or other
causes to the extent of more than 50% of its actual value shall be
repaired or rebuilt except in conformity with the regulations of this
chapter.
(5)
Abandonment. In the event there is a cessation of
the nonconforming use for a period of 12 consecutive months, the use
shall be presumed to be abandoned and such use shall not thereafter
be reestablished, and any future use shall be in conformity with the
provisions of this chapter.
(6)
Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
(7)
District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein.
(8)
Restoration. Any nonconforming building damaged by
fire or other causes to the extent of less than 50% of its actual
value may be repaired, restored, reconstructed and/or used as before,
provided that the area of such use, building or structure shall not
exceed the area which existed prior to such damage. All repairs shall
be completed within one year after damage occurs, or such use shall
not be rebuilt except in conformity with the provisions of this chapter.
C.
Maintenance may be made to a nonconforming use, structure
or lot, provided that the maintenance work does not change the use,
expand the building or the functional use of the building, increase
the area of a lot used for a nonconforming purpose or increase the
nonconformity in any manner.
D.
Anything herein to the contrary notwithstanding, where
a residence in a residential zone is nonconforming because it fails
to meet the minimum lot requirements and/or the minimum yard requirements
set forth herein, the residence may be added to, or repaired, provided
that such addition does not in itself encroach upon the minimum yard
requirements or exceed the maximum lot coverage requirements (when
added to the coverage of other buildings). A second-story addition
to an existing building shall be permitted without the necessity for
a variance, provided that the building area of the addition does not
encroach upon the existing nonconforming yard or yards, and the addition
does not violate maximum height or floor area ratio requirements.
