Borough of Franklin Lakes, NJ Article XIV Zoning: Supplementary Regulations Governing Certain Uses

§ 300-120 Regulations governing certain principal permitted uses.

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

[11] Bedroom distribution count:

[a] Maximum three bedrooms: 30%.

[b] Minimum two bedrooms: 50%.

[c] Maximum one bedroom: 20%.

[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]

[1] Editor's Note: Former Subsection B, Townhouse residential dwelling units in the R-T District, as amended, was repealed 11-1-2011 by Ord. No. 1530. This ordinance also redesignated former Subsections C through I as Subsections B through H, respectively.

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) Dimensional requirements:

(a) Minimum lot area: 22,500 square feet.

(b) Minimum lot width: 100 feet measured at the building setback line.

(c) Minimum building setback:

[1] Front yard: 50 feet.

[2] Rear yard: 30 feet.

[3] Side yard: The total of two side yards must be 40 feet, but not less than 15 feet for any one side.

(d) Maximum building coverage: 25%.

(e) Maximum building height: one story and 25 feet.

(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.

§ 300-121 Regulations governing certain accessory structures and uses.

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.

(k) Enforcement and penalties for violations hereof shall be in accordance with Chapter 373 of the Borough Code.

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.

§ 300-122 Regulations governing certain conditional uses.

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.

§ 300-123 Nonconforming uses, structures or lots.

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.