Township of Freehold, NJ
Monmouth County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
No structure shall hereafter be erected, structurally altered, or moved nor shall any lands or the buildings thereon be used for any purpose except in conformity with all regulations hereinafter established for the zone in which the land or structure is located, nor shall any open space or yard area established for the purpose of complying with the regulations of this chapter be reduced or encroached upon in any manner except as shall be specifically permitted in this chapter.
No building or part thereof shall be erected within or project into any required yard area except in accordance with the following provisions:
A. 
An open entrance porch not more than 10 feet in width shall not project more than eight feet into a required front yard area. The provisions of this subsection shall apply to cheek walls or similar wall structures which are utilized for landscaping or privacy screening purposes.
B. 
An open and unroofed patio not more than three feet above ground level may extend into a required side or rear yard to within 10 feet of a side or rear property line. Such patios, if at ground level, may extend to within five feet of a side or rear property line.
C. 
No accessory building shall be permitted except in rear yards. In the case of a corner lot, no accessory building or structure shall project beyond the line of the existing principal structure as such structure faces the street. When a building is constructed in the shape of an "L," "T" or "U" and the shorter angle of the "L," "T" or "U" faces the rear lot line, then and in that event, accessory structures shall be permitted in that portion of the lot between the rear building line and the least projected exterior rear surface of the principal dwelling. For the purposes set forth above, the portion of the lot heretofore referred to shall not be deemed a side yard.
D. 
The front setback line of any dwelling located in a major subdivision shall be that line shown on the recorded plat. Where a dwelling is not located in a major subdivision, the front setback line shall be that shown in the schedule attached to the Zoning Map.
E. 
Parcels which constitute corner lots may use the side yard schedule set forth in this chapter in order to satisfy rear yard depth requirements.
F. 
The projection of a chimney shall not be deemed a violation of side yard requirements.
A. 
No single-family residential structure shall exceed 2 1/2 stories or 35 feet nor any building accessory to a residential structure exceed one story or 16 feet.
B. 
Appurtenances attached to principal structures. House of worship spires, belfries, domes or antennas attached to buildings, silos or penthouses (not for human occupancy) chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are generally not subject to height limitations of any sort except that such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve. In residential zones, however, and on properties adjacent to single-family residential zones, such appurtenances, which exceed the height limitation for single-family residences by more than five feet shall not be located nearer to any property line than a distance equal to its height above the ground.
[Amended 9-25-2007 by Ord. No. O-07-25]
C. 
Freestanding noncommercial accessories. Water towers, radio and television antennas, windmills and flagpoles which are erected as freestanding structures may be erected to a height which can be demonstrated to the Planning Board is necessary to accomplish their intended function. Such structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code and the following:
(1) 
Private radio or television antenna structures in residential zones shall not be erected nearer to the lot lines than the total height of the antenna structure, nor shall such structure be installed near electric power line or encroach upon any street or other public place. Such a structure not exceeding 12 feet in height may be erected and maintained on the roof of any building.
(2) 
Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which govern the height of licensed amateur operator radio antennas. Amateur radio operators shall submit a copy of their current FCC operator license and documentation of the required antenna height and construction details for any antenna or tower in excess of that permitted for private radio or television antennae structures in Subsection C(1) above. Such antennas or structures shall comply with New Jersey Uniform Construction Code structural design requirements for safety and shall not be located within any required front, side or rear yard setback areas. The height of the tower or antenna shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. Such structure shall not be utilized to support lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes.
(3) 
Personal earth terminals as defined in § 190-3 shall be subject to the following:
(a) 
A personal earth terminal may only be located in the rear of any principal structure, shall not be closer to any property line than the height of the antenna and may not be located in a buffer area.
(b) 
A personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in § 190-101, Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter.
(c) 
A personal earth terminal may be erected only on the ground or on a platform mat not exceeding one foot in height in a secure fashion.
(d) 
The height of a personal earth terminal shall not exceed 12 feet.
(e) 
The main reflector shall not exceed a diameter of 10 feet.
(f) 
All wiring or connecting cables between a personal earth terminal and the principal building shall be buried underground.
(g) 
A personal earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barriers, which shall be maintained in good condition in order to minimize visibility of the earth terminal from any adjacent property or public street as approved by the Planning Board.
(h) 
Only one personal earth terminal shall be permitted on any property.
(i) 
A personal earth terminal may only be erected on a lot containing a principal structure and may only be used by residents of the principal building on the property in question. Any connection, by cable or otherwise, to adjacent properties shall constitute a violation of yard and setback requirements.
D. 
No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure without approval of the Planning Board.
E. 
In the M-1 Zone District, building height may be increased to 75 feet provided that buildings which exceed 50 feet in height shall be set back not less than 200 feet from all front property lines, 125 feet from all side and rear property lines and 200 feet from all residential zones.
Except as might be hereinafter specifically provided, there shall not be more than one principal residential building erected on any lot.
No development shall take place upon a lot which does not have frontage upon and direct access to a public street improved to meet requirements of the Township or for which such improvements have been guaranteed in accordance with requirements and established in the land subdivision and site plan regulations of this chapter. Limited access highways shall not be deemed to be frontage for purposes of this chapter.
A. 
No development shall be designed to create reverse frontage lots except for lots which will abut limited access expressways, principal arterial roadways (those having at least two lanes in each direction), or designated scenic roadway corridors.
B. 
Whenever reverse frontage lots are to be allowed along access expressways or principal arterial roadways, the development plans must provide for a buffer easement of 150 feet within which shall be an earthen berm, at least four feet high. The buffer easement area and berm shall be landscaped and maintained consistent with the requirements of § 190-166B, C, D, E and G; however, no fencing or other structures may be placed within such buffer easement. The development approval shall further provide for the maintenance of the buffer easement by the homeowner.
C. 
Whenever reverse frontage lots are permitted along designated scenic roadway corridors the development plans must be in accordance with all requirements of the SC Scenic Corridor Overlay Zone.[1]
[1]
Editor's Note: See § 190-160 of this chapter.
A. 
Any yard facing a public street shall be considered a front yard and shall conform to the minimum front yard requirements established for the zone in which the yard is located for principal structures. Accessory structures limited to swimming pools, fences, flagpoles, lampposts, ornamental objects, seasonal decorations, landscaping accessories, and permitted toolshed or similar storage building shall be permitted within a reverse frontage yard; provided, however, that no such structure or use shall encroach into any required buffer area or within 25 feet of the street line whichever is greater.
B. 
No accessory structures shall be erected in any front yard, with the exception of:
(1) 
Flagpoles.
(2) 
Signs.
(3) 
Lampposts.
(4) 
Ornamental objects.
(5) 
Seasonal decorations.
(6) 
Landscaping accessories.
C. 
No front yard in any residential zone shall be used for the storage of vehicles exceeding 10,000 pounds and/or the parking of boats, trailers or equipment. Other vehicles which are in operating condition and which are parked on an improved driveway or parking area are permitted.
D. 
On a parcel of land situated between parallel streets, the front yard is defined as the area situated between the street line and a minimum front building line. (See § 190-3.) In such circumstances, fences, or other accessory uses or structures which are constructed in the rear yard may be built to the street line, provided that they do not exceed three feet in height. Any fence or other accessory uses or structures which exceed the three-foot height limitation shall adhere to the front yard setback set forth herein.
E. 
Where the proposed construction of a residential development by a single developer is located in two different zoning districts, each principal structure may have a front yard depth requirement of that set forth for principal structures in either zone.
On any corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of 1 1/2 feet and 10 feet above the center-line grades of the intersecting streets, within the triangular area formed by the two intersecting street lines bounding the lot, and by a line connecting points on each street line located 25 feet from the intersection of the street lines. Measurements shall be made from the curbline or the edge of the pavement.
A. 
Except in the ROL, B-1 and M-2 Zone Districts, no accessory structure, excluding fences and temporary buildings necessary for construction purposes, shall be erected prior to the completion of the principal building. Such temporary construction buildings may be erected only after the issuance of a building permit for the principal building and shall be removed within 30 days following the issuance of a certificate of occupancy, for the principal building; or in the case of a major subdivision, within 30 days following the issuance of a certification of occupancy for the final principal building in the subdivision.
B. 
In all residential zones, any accessory structures exceeding 192 square feet in area shall be constructed of materials which are the same as or consistently similar to the materials of the principal structure. Any owner or occupant of property in any residential zone seeking permission to place upon his or her property a structure not in compliance with the foregoing, may appeal any permit denial to the Planning Board under § 190-248A of this chapter.
[Amended 12-22-2015 by Ord. No. O-15-26]
C. 
Portable on-demand storage structures.
[Added 9-24-2013 by Ord. No. O-13-31]
(1) 
A portable on-demand storage structure may be located as a temporary structure on residential property within the Township for the duration of a valid permit or extension thereof from time of delivery to time of removal. The portable storage structure is to be used only for the temporary storage of household goods and related items for the property of the permit holder. The portable storage structure may not be used for habitation, solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property where the structure is located (i.e., used for retail sales) or any other illegal or hazardous material or substances.
(2) 
Portable on-demand storage structures shall be located on paved surfaces of the property and are prohibited from being placed in streets, easements, rights-of-way, or landscaped areas. The structures shall be located in the driveway of the property at the farthest accessible point from the street and shall be no closer than 10 feet to a property line.
(3) 
Portable on-demand storage structures may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.
(4) 
It shall be the obligation of the owner or user of such temporary storage structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate code or law enforcement officers may require the immediate removal of such temporary structure.
(5) 
The applicant, as well as the supplier of the portable on-demand storage structure, shall be responsible for ensuring that the structure is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.
(6) 
In the event of fire, hurricane or other natural disaster causing substantial damage to a residential property or structures on the property, the property owner may apply to the Township for permission to extend the time that a portable on-demand storage structure may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the Township Zoning and Code Enforcement Officer and shall give sufficient information to determine whether such extended duration should be granted. The Township Zoning and Code Enforcement Officer shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Zoning and Code Enforcement Officer, the applicant may appeal such decision to the Township Committee. In the event of such appeal, the decision of the Township Committee shall be final.
(7) 
Duration. A portable on-demand storage structure may be located as a temporary structure on a property within the Township for a period not exceeding 30 days in duration from time of delivery to time of removal. Permits for such structures are limited to not more than three permits per year. No more than one portable on-demand storage structures may be located on a specific piece of property within the Township at one time; such storage structures shall be individually limited to the duration time period established herein.
(8) 
Application.
(a) 
Use of a portable on-demand storage structure shall only be permitted where a zoning permit has been issued by the Township Zoning and Code Enforcement Officer.
(b) 
An application fee of $35 shall accompany the zoning permit request. A property survey indicating the location of the storage structure must be included with the zoning application.
(9) 
Violations and penalties.
(a) 
Failure to obtain permission for placement of a portable on-demand storage structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure $350. Failure to satisfy the after-the-fact permit fee shall result in the issuance of a summons.
(b) 
Violations of the provisions of this section shall be punishable as provided in Chapter 1, Article II, General Penalty.
In the zones where permitted, aboveground heating oil storage tanks may be installed but only in accordance with the following regulations:
A. 
Tanks shall not exceed 275 gallons.
B. 
Screening shall be installed that is year round and which completely conceals the tank from view of neighboring properties.
C. 
Tanks shall be permitted only in side and/or rear yards.
D. 
The Zoning Officer shall be supplied with and satisfied of proof that the soil conditions on the property make the installation of metal tanks impractical.
Existing natural features such as streams, lakes, ponds, trees and the natural configuration of the ground shall be retained wherever possible. If it can be demonstrated to the satisfaction of the reviewing board that such features will substantially interfere with any reasonable proposed use of a property, such features may be altered only to the extent necessary to permit such use.
A. 
No principal structure shall hereafter be erected, constructed, placed, altered, or enlarged in any residence district which shall be like or substantially like any neighboring building or structure as hereinafter defined then in existence or for which a building permit has been issued, or which is included in the same building permit application, in more than three of the following six respects:
(1) 
Height of the main roof ridge above the top of the plat. All flat roofs shall be deemed identical in this dimension.
(2) 
Height of the main roof ridge or in the case of a building structure with a flat roof, the highest point of the roof beams above the elevation of the first floor.
(3) 
Length of the main roof ridge, or in the case of a building or structure with a flat roof, length of the main roof.
(4) 
Width between outside walls at the ends of the building or structure measured under the main roof at right angles to the length.
(5) 
Relative location of windows in the front elevation or in each of both side elevations with respect to any door, chimney, porch or attached garage in the same elevation.
(6) 
In the front elevation, both relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building or structure; and either height of any portion of the building or structures located outside the limits of the main roof measured from the elevation of the first floor to the roof ridge, or in the case of a flat roof, the highest point of the roof beams, or width of the portion of the building or structure if it has a gable in the front elevation, otherwise length of the roof ridge or the flat roof in the front elevation. Buildings or structures shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet. Buildings or structures between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements.
B. 
In relation to the premises with respect to which a building or structure is sought to be erected, constructed, placed, altered or enlarged, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it may or any part of it has been or will be located in any one of the following lots:
(1) 
Any lot on the street upon which the building or structure to be located on the premises would front which is the first building or structure on either side of the building or structure on the same side of the street without regard to intervening street lines.
(2) 
Any building or structure to be erected on any lot, any part of a street line, frontage of which is across the street from the premises.
(3) 
Any lot, any part of the street line frontage of which faces the end of, and is within the width of, the street, if there are less than two lots between the premises and the end of the street.
(4) 
Any lot, any part of the street line frontage of which is across such other street from the premises or from a lot referred to in Subsection B(3) above.
All commercial, office and industrial buildings and sites shall be designed and developed in a manner that will be compatible with the architectural and visual characteristics of historic buildings, sites or districts in the Township. This shall include the scale, height, and location of buildings, as well as the specific construction materials that are used.
A. 
General guidelines.
(1) 
Determination of compliance. All applications for commercial, office and industrial buildings shall be reviewed by the Historic Preservation Commission in accordance with the standards of review contained in § 190-233E of this chapter. The Historic Preservation Commission shall review applications for conformance with this section within 35 days following receipt from the Planning Administrator. The Commission shall issue a letter of certification of compliance or noncompliance of the architectural design requirements of this section. If an application is not in compliance with this section, the Commission shall specify the elements of the proposed building or building addition that does not conform with the requirements of this section. The letter of certification shall be submitted as a recommendation to the Planning Board, and the Planning Board shall make the final determination of compliance or noncompliance.
[Amended 12-22-2015 by Ord. No. O-15-26]
(2) 
The design of new buildings shall take into consideration the natural features of the site, existing buildings and other substantial structures in the vicinity that have a visual relationship to the proposed building or buildings. In particular areas, building design may have to be adjusted to maintain existing visual relationships or to preserve visual access to community focal points either natural or man-made.
(3) 
The selection of building design elements including facade materials, fenestration, color, texture and other design considerations shall be determined so that such treatment is consistent with traditional architectural styles. For purposes of this chapter, "traditional architectural styles" shall include the Colonial, Federal, Georgian, and Victorian traditionally found in Freehold Township as determined by the Freehold Township Historical Commission and adaptations of these styles for the use and type of the building.
(4) 
The design of additions and renovations are to reflect the existing building in terms of scale, materials, fenestration and color. An exception applies to those existing buildings that do not meet the objectives of this section. In those cases, additions and renovations are to be designed to revise existing building design to comply with the traditional architectural styles of this section to the extent practicable.
(5) 
Appearance of the side and rear elevations of buildings are to receive architectural treatments comparable to that of any proposed front facade where such elevations are generally within public view.
(6) 
New buildings, additions, and renovations should, where appropriate, strengthen the particular design features of its locale by, for example, framing a view corridor, enclosing an open space area, or continuing a particular design feature or statement. Such construction should, when located in business districts, complement existing building designs that are consistent with Township architectural design objectives.
B. 
Harmony of design.
(1) 
New buildings are to be designed to be consistent with the scale, form and proportion of older development that conforms with the traditional architectural styles of this section. This can be done by repeating existing building lines and providing uniformity of detail, scale, proportion, textures, materials, color, and building form designed to achieve traditional architectural styles.
(2) 
The use of unusual shapes, colors and other characteristics which cause new buildings to call excessive attention and create disharmony shall be avoided.
(3) 
The existing building line (at the front setback) is to be maintained.
(4) 
The rhythm of structural mass to voids (windows) of a front facade (or any facade easily viewed from the street) shall relate to rhythms established in adjacent buildings or designed to be consistent with traditional architectural styles.
(5) 
If several storefronts are located in one building, there is to be a unified design treatment; e.g., design of windows and door openings, use of materials and color.
(6) 
Building additions are to be designed to reflect the existing building in terms of scale, materials, fenestration, and color. A change in scale may require a transitional design element between the addition and the existing building. Facade renovations are to include as few different materials as possible.
C. 
Creativity and diversity of design.
(1) 
These criteria are not intended to restrict imagination, innovations, or variety, but rather to focus on design principles that can result in creative solutions.
(2) 
Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.
D. 
Building details.
(1) 
A human scale of design is to be achieved at ground level, at entryways, and along street frontages through the use of such elements as windows, doors, columns, and canopies.
(2) 
Mechanical equipment or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public streets or residential zoning districts.
(3) 
Building components such as windows, doors, eaves, and parapets shall be in proportion to one another.
E. 
Signs and lighting.
(1) 
Signs shall be erected and maintained in accordance with Article XVII, § 190-173 et seq. of this chapter. Signs that are proposed in conjunction with applications in accordance with this subsection are to be designed to complement the architectural style and scale of the building and are to be designed as an integral architectural element of the building and site to which it principally relates. Signs shall not compete for attention with signs on adjacent properties. The number of graphic elements on a sign shall be kept to the minimum needed to convey the sign's major message. Identification signs of a prototype design and corporation logos shall conform to these standards.
(2) 
Exterior lighting shall enhance the building design and the site landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas.
F. 
Building design, massing and scale.
(1) 
Where large structures are required, massing is to be broken up through the use of setbacks and other design techniques.
(2) 
The orientation of buildings to provide access through side and rear entrances is encouraged, with the side and rear facades receiving appropriate entryway design treatment.
(3) 
Long horizontal facades are to be broken with segments having vertical orientation. Tall, vertically-oriented facades are to be broken with horizontal components through use of facade design features.
(4) 
Buildings with expansive blank walls are prohibited.
(5) 
Buildings are to be designed so that facades are the prominent architectural feature and the roofs are visually less dominant in the total design. Gable and hip roofs are encouraged and other types may be permitted if, in the opinion of the approving authority the roof is generally consistent with traditional architectural styles.
(6) 
In infill construction, the front alignment of new buildings are to be designed to be consistent with the existing setbacks of nearby buildings, but in conformance with the minimum setback requirements of the applicable zoning district.
G. 
Facade treatment.
(1) 
Multitenant commercial buildings shall provide uniform storefronts, doorways, windows, awnings and other design features for all ground floor tenants. Upper floors of buildings shall be coordinated with the ground floor through common materials, window treatments and colors. Storefronts shall include display windows with a sill height of not less than two feet from grade.
(2) 
New construction shall use windows of similar sizes and shapes or incorporate other facade elements that establish the same pattern of other buildings in its context. Window and door sizes and shapes are not to be significantly altered by any building renovation.
(3) 
Fire escapes are prohibited on the principal facades of a building.
(4) 
Facade renovations are to be designed in accordance with the original architectural style of the building. Original details are to be retained; when it becomes necessary to introduce new features, they are to be designed to harmonize with existing features or altered to conform with traditional architectural styles. If windows and doors must be replaced, new materials shall match the original design.
(5) 
Surface detailing shall be integrated within the structure rather than applied for decorative purposes.
(6) 
Exterior-mounted mechanical and electrical equipment shall be architecturally screened.
H. 
Building materials, color and texture.
(1) 
For renovations of existing buildings, original materials shall be retained when compatible with traditional architectural styles. New materials shall be designed to be compatible with traditional architectural styles.
(2) 
The use of brick, stone, clapboard, and other facade materials consistent with traditional architectural styles shall be utilized. In general, a maximum of two principal facade materials shall be permitted.
(3) 
Aluminum siding, metal panels and mirrored glass surfaces are prohibited.
(4) 
The painting of buildings in bold colors, patterns, check or stripes is prohibited.
(5) 
The use of earth tone colors and/or other colors generally associated with traditional architectural styles shall be encouraged on all buildings. Accent of complementary colors which harmonize with the main facade colors shall be permitted for trim, awnings and other building details.
(6) 
The use of street furniture (benches, tables, trash receptacles, etc.) shall be encouraged, provided that the materials used are consistent with the overall design concept of the building.
(7) 
Awnings shall be constructed and installed so that the frame and fabric of the awning is integrated into the overall building design. No awning shall extend more than four feet from the building facade, and no awning shall be less than eight feet above the ground. Awnings that project into any roadway, driveway or parking area are prohibited. Awnings shall not be placed so as to conceal or disfigure an architectural feature or detail. Awning materials shall be limited to cloth, canvas and similar materials; metal and aluminum awnings are prohibited.
Private swimming pools are permitted as an accessory use to residential dwellings in every zone wherein that principal use is permitted subject to the following:
A. 
A private swimming pool shall not be constructed, installed or maintained within 15 feet of any side or rear yard line, provided that in the case of any lot less than 50 feet in width, it shall be permissible to place a pool within 10 feet of a side or rear property line.
B. 
No private swimming pool shall be constructed, erected, installed or maintained in the front yard of any property.
C. 
In the case of a corner lot, a pool shall not be constructed any closer to the side street line than the principal structure.
D. 
A private swimming pool shall not be constructed or installed on any premises unless a residence building is also located on the premises or unless the premises is part of a residence curtilage.
A. 
Site plan review and approval shall be required for all outdoor storage, sales, and display areas as specified in § 190-37 of this chapter. Nothing shall be stored, sold or displayed out of doors for any purpose except in compliance with the following provisions:
(1) 
New or used automobiles on display for sale or awaiting delivery may be stored out of doors as a permitted accessory use to a new car dealership in accordance with § 190-146B(9) for any indefinite period of time, provided that the automobiles are in operating condition and further provided that they shall be stored on a paved area constructed to the standards established by this chapter. Automobiles shall not be stored or displayed on access drives or within parking areas designated for customer and employee parking. Automobiles shall not be placed on display ramps or on lawns or other landscaped areas.
[Amended 3-24-2015 by Ord. No. O-15-4]
(2) 
All garbage, trash, recyclable materials, or any other refuse awaiting disposal shall be stored in a completely enclosed container within a storage facility. Trash and recycling storage facilities shall be constructed with a six-inch-thick reinforced concrete pad base over six inches of compacted dense graded aggregate base course (DGABC) stone, and shall be surrounded on three sides by a masonry wall six feet in height that is comprised of the same facade material or compatible with the exterior design of the building facade. A solid gate shall be provided on the open side of the enclosure.
[Amended 2-25-2014 by Ord. No. O-14-02]
(3) 
Products and materials that are necessary or supplementary to a permitted principal use and which are customarily stored or sold out of doors may be stored or sold out of doors, provided that:
(a) 
The area used for such outdoor storage or sales shall be paved in accordance with the requirements of this chapter.
(b) 
The storage shall not be permitted within a front yard area. Outdoor storage or sales areas which are covered or partially enclosed shall adhere to the setback requirements for a principal building. Outdoor storage and sales areas shall not be counted as structures for calculating floor area ratio and off-street parking requirements, provided that the area does not exceed a maximum of 20% of the gross floor area of the use located within the principal building.
(c) 
The storage shall be screened from view from any street and from any adjoining residential property.
(d) 
All materials stored out of doors shall be arranged and maintained in a safe, orderly and neat manner.
(4) 
No outdoor storage or sales shall be permitted within a required buffer area or on lawns or other landscaped areas, on or within five feet of any access drive or fire lane, within parking areas designated for customer and employee parking, or within 25 feet of any street line or within 10 feet of any side or rear lot line.
(5) 
Outdoor storage shall be limited to equipment, merchandise or materials necessary to the operation of the principal use on the premises, not normally or economically stored indoors. No junk cars, wrecked cars or cars damaged by accident or damaged in any other manner; or which are in such condition that they cannot operate under their own power; used auto parts or appliances; used auto or truck tires; damaged or discarded machinery, equipment or parts thereof; used or damaged refrigerators, household or electrical appliances or other damaged or disabled merchandise; or junk shall be stored, maintained or permitted to remain situated in the open on any premises for more than 15 days from the time first placed on the premises, and the items shall thereafter be permanently removed from the open and stored within a completely enclosed building. Specifically excluded from this time requirement are disabled or damaged motor vehicles awaiting repair at an automotive repair shop. For these purposes, the above fifteen-day requirement shall be extended to 60 days in order to permit a reasonable time for insurance adjustment and parts ordering purposes.
B. 
Temporary, special or seasonal sales and displays may be permitted in accordance with a permit issued by the Code Administrator and/or Zoning Officer and in compliance with the following:
(1) 
Outdoor displays and temporary sales shall be limited to those materials and goods that are connected with the principal use on the premises.
(2) 
Goods that are displayed or sold outdoors shall not be located closer than 25 feet from any street or 10 feet from a rear or side property line.
(3) 
Goods that are sold or displayed outdoors shall be located on a surface paved in accordance with § 190-162 and shall not interfere with off-street parking areas, vehicular circulation or fire protection accessibility. Sidewalk sales shall be permitted, provided that the goods displayed and sold outdoors do not interfere with pedestrian circulation.
(4) 
Temporary sales and outdoor displays shall be limited to one week in duration. Not more than six such sales and special displays shall be allowed per year.
(5) 
Signs associated with temporary sales and outdoor displays shall be in accordance with a permit issued by the Code Administrator and/or Zoning Officer and in accordance with Article XVII, Signs, § 190-173 et seq., of this chapter.
C. 
Temporary sales of Christmas trees may be permitted in nonresidential zone districts beginning the day after Thanksgiving through the end of December. Such sales shall be in accordance with a permit issued by the Code Administrator and/or Zoning Officer and in compliance with the following:
(1) 
The display and sale of Christmas trees shall not interfere with other uses on the site.
(2) 
Adequate off-street parking, internal circulation, and fire protection accessibility shall be provided.
(3) 
Trees, signs and other materials shall be removed from the site not later than December 31.
D. 
Farm stands.
(1) 
Purpose. To allow qualified farm owners or operators to set up a farm stand to sell primarily locally grown produce as a way to keep the land in agricultural use and as a service to local residents. To control the intensity of use allowable as a farm stand because such closely circumscribed use is site plan exempt.
(2) 
Applicability.
(a) 
Farm stands are permitted upon receipt of a zoning permit pursuant to this section and in accordance with the conditions and restrictions set forth herein.
(b) 
Temporary stands selling only produce grown on a tract of land less than five acres in area shall be exempt from all provisions of this § 190-116D. No person or entity shall be permitted to sever parcels in order to qualify for this exemption.
(3) 
Site requirements.
(a) 
Farm stands must be located on land which is under active continuous farming operation and which meet the requirements of and qualify under the Farmland Assessment Act of 1964, as amended (N.J.S.A. 54:4-23.1 et seq.).
(b) 
One farm stand per farm lot is permitted. Minimum farm lot: five acres.
(c) 
Minimum setback requirements.
[1] 
Farm stand setback: 75 feet.
[2] 
Parking setback: 25 feet.
[3] 
Side yard parking and stand: 75 feet.
(d) 
Parking. Adequate on-site parking must be provided to handle peak customer demand. No parking on street or street shoulder shall be permitted.
(e) 
A farm stand shall be limited to one story with a maximum floor area of 900 square feet.
(f) 
Lighting shall be provided only as necessary for security purposes.
(4) 
Operation.
(a) 
A zoning permit shall be required. All statements in the zoning permit application are considered incorporated by reference in and become a part of any zoning permit issued. Upon expiration of the zoning permit all produce, baskets, etc., shall be removed, the premises swept clean, and suitably secured.
(b) 
Hours of operation shall be limited to not earlier than 7:00 a.m. nor later than 8:00 p.m., prevailing time, daily.
(c) 
Produce grown outside the State of New Jersey will be limited to no more than 10% of total produce offered for sale on the premises.
(d) 
Any item offered for sale must be displayed only within or on the farm stand as defined in § 190-3. There shall arise a rebuttable presumption that any items located within 30 feet of the front, sides or back of the farm stand are being offered for sale. The foregoing presumption shall not apply to farm machinery or equipment used in the production of the farm product, registered and licensed motor vehicles, or growing crops not yet harvested and still in the ground.
(e) 
No food or drink shall be offered for sale for on premises consumption.
(5) 
Signs and traffic control.
(a) 
All signs are to be in accordance with Article XVIII of this chapter. A temporary sign permit must be secured before any signs are installed or displayed.
(b) 
Temporary signs are permitted as per § 190-176I, except that the period of display will correspond to the time limits stated on the zoning permit.
(c) 
Temporary directional signs are permitted per § 190-174A, except that the time period of display will correspond to the time limits stated on the zoning permit.
(d) 
No trucks, trailers, wagons or similar vehicles or structures displaying advertising shall be parked within 100 feet of the front lot line except during active loading or unloading operations.
(e) 
People in costume located and utilized so as to attract passing vehicles on street are considered animated signs and are not permitted.
(f) 
If determined to be needed for public safety, the applicant shall provide personnel to control and direct traffic.
(g) 
Hay rides or the equivalent may be operated on the farm covered by the farm stand zoning permit. Location of loading/unloading of passengers and the path of the ride shall be a minimum of 100 feet from the street frontage.
(6) 
Issuance of permit. The Zoning Officer, after conferring with the Township Administrator, Township Planner, and the Building Inspector, may issue the required zoning permit. The permit shall be issued or denied within 15 days of receipt of application. The applicant shall supply the following:
(a) 
A completed zoning permit application.
(b) 
A letter certifying that the location is on a qualified commercial farm.
(c) 
A sketch showing the location of the stand in relation to the road, parking, driveways, sign location(s) and description of hay ride path (is so provided). Additional information may be requested.
E. 
Site plan approval shall not be required for outdoor sales and displays within the RMZ-2 Zones which are in compliance with the following provisions:
[Added 7-29-2014 by Ord. No. O-14-10]
(1) 
Outdoor displays and sales shall be limited to those materials and goods that are connected with the principal use on the premises.
(2) 
Outdoor displays will be permitted on the front walkway against the front wall of the business enclosed within a structure located on the site and shall not protrude further than four feet into any walkway at which a minimum clear and unobstructed six-foot pathway shall be maintained at all times as not to impede pedestrian traffic.
(3) 
Outdoor sales and displays shall not be permitted within landscaped areas, off street parking areas, on or within five feet of any access drive or fire lanes.
(4) 
Outdoor displays will be limited to 40% of the linear length of the front wall to the business.
(5) 
Outdoor displays shall not obstruct any means of ingress or egress, including emergency exits, and shall provide a clear distance of 10 feet from the edge of any building's ingress or egress point, including emergency exits, to the edge of an outdoor display.
(6) 
Outdoor displays shall not obscure decorative architectural details, or windows.
(7) 
All outdoor displays shall be arranged and maintained in a safe, orderly and neat manner.
(8) 
Outdoor displays shall not exceed a height of 10 feet.
(9) 
Signage on outdoor displays shall not exceed two square feet and shall be in accordance with Article XVII, Signs, within this chapter.
(10) 
Violations of the provisions of this section shall be punishable as provided in Chapter 1, Article II, General Penalty.
[Amended 6-17-2008 by Ord. No. O-08-11]
A. 
Any use not provided for in a zone is prohibited except for those uses listed below:
(1) 
Garage sales, as defined herein, limited to no more than two sales per year per household.
(2) 
[1]Auctions and flea markets may be authorized by the Township Committee for a period not to exceed two days when operated or sponsored by and for the benefit of a public, semipublic, educational, eleemosynary, charitable or religions organization, based in the Township of Freehold, provided that:
(a) 
A favorable report is received by the Recreation Commission if the event involves public lands.
(b) 
Only one event may occur within the Township on a given day.
(c) 
No event is scheduled in a traffic-congested area of the Township as determined by the Police Department.
(d) 
No merchandise will be displayed or sales made in or in immediate proximity to an automobile or other motor vehicle.
(e) 
No group or organization may be permitted more than one event during the calendar year.
(f) 
The premises upon which the auction or flea market is conducted are returned to their prior condition within 24 hours after termination of the event. If the premises are not so returned, the Township shall have the right to enter upon them, return them to their prior condition, and assess the cost as a lien upon the land.
(g) 
The sponsor of any auction or flea market conducted in accordance with the preceding conditions may be required by the Township Committee to furnish either a performance bond or cash or other guarantee acceptable to Township Committee to assure that cleanup occurs after termination of the event.
[1]
Editor's Note: Former Subsection A(2), regarding business-related activities in residential dwellings, was repealed 8-28-2012 by Ord. No. O-12-18. This ordinance also redesignated former Subsection A(3) as Subsection A(2).
(3) 
Home office uses in accordance with § 190-118, Home office use.
[Added 8-28-2012 by Ord. No. O-12-18]
B. 
For purposes of clarity, and not in any manner diluting the all-encompassing prohibition of Subsection A above, from time to time, given the advent of new uses, which may evolve and which may bear similarities to uses either permitted or conditionally permitted in certain zones, the following are descriptions of specifically prohibited uses:
[Added 10-9-2018 by Ord. No. O-18-12]
(1) 
Retail or wholesale establishments, businesses, persons or entities selling or offering for sale:
(a) 
Marijuana or marijuana products, whether for medicinal and/or recreational use;
(b) 
Paraphernalia that facilitates any use of marijuana, including but not limited to inhalation, ingestion or injection of any substance which contains marijuana.
(2) 
The growing, cultivation or harvesting of any type of marijuana plant, including but not limited to cannabis sativa, cannabis indica, and cannabis ruderalis.
A. 
Purpose.
(1) 
The purpose of this section is to recognize a changing trend in business whereby people are conducting low-intensity and unobtrusive businesses from their homes. Many valid and useful purposes are served by allowing such activity, including but not limited to:
(a) 
Diminishing the need to commute, thereby lessening traffic congestion and air pollution.
(b) 
Providing residents with an alternative lifestyle which may decrease stress and increase enjoyment and productivity.
(c) 
Promote a more economical system for bringing goods or services to the consuming public at a lower cost.
(d) 
Accommodate working parents and allow for greater time and interaction with their children.
(e) 
Promote the ability of working children and relatives to provide for the needs of elderly, as well as physically or emotionally challenged members of their family.
(2) 
However, all of the foregoing advantages notwithstanding, the first priority and concern is to preserve the peace and tranquility of the Township's residential zoning districts. Consistent with that priority, one intention of this section is to restrict any home office use so that there is no infringement upon the right of all those residing in a residential zoning district to enjoy an uncompromised residential atmosphere. It is not the intention of this section to encourage or countenance a home office use which would in any way diminish or compromise the residential atmosphere.
B. 
Regulations.
(1) 
Except where otherwise permitted by the zoning regulations of this chapter, any person may utilize his/her home for a home office use which is conducted in such a manner as to comply with the restrictions which follow. The following restrictions shall apply to all home office uses:
(a) 
At least one person employed in the home in conjunction with the home office use must be a bona fide resident of that home; and
(b) 
All persons employed in the home in conjunction with the home office use must either be a bona fide resident of that home or a member of the immediate family (mother, father, husband, wife, son, daughter, son-in-law, or daughter-in-law) of a bona fide resident of the home. In no event may more than two persons who are not bona fide residents of the home be employed, either part-time or full-time, in conjunction with the home office use; and
(c) 
There shall be no external display of goods, no outdoor activity or storage of any kind, including but not limited to the assembling or staging of workers or equipment even if the goods or equipment are at another location, and no on-premises advertising, including but not limited to signs; and
(d) 
The street address of the home shall not be listed in any advertising of the business done by means of signs, billboards, newspapers, commercial circulars, radio, television, telephone books or leaflets. This shall not be construed to prohibit use of the home address on business cards or catalogs or single-line listing in the white or yellow pages of the telephone book; and
(e) 
Such home office use shall not occupy more than 10% of the gross habitable floor area of the home, but in no event is it to exceed 300 square feet. For purposes of performing this calculation, all nonhabitable areas shall be excluded, including but not limited to cellar, basement, attic and porch areas; and
(f) 
No noise relating to the home office use shall be audible beyond the dwelling unit; and
(g) 
Such home office use shall not adversely affect adjacent property owners, or interfere with the quiet enjoyment of their properties or create activity or an atmosphere inconsistent with a strictly residential use; and
(h) 
No delivery of goods or supplies shall be permitted except by means and with a frequency which is typical of a strictly residential use; and
(i) 
Infrequent or sporadic customers, clients or other business invitees shall be permitted to visit the premises.
(2) 
No garage area shall be converted to or used for home office use on any property located in a higher density residential zoning district. For purposes of this regulation, a higher density residential zoning district shall be any residential zone except R-9, R-20, R-40, R-60, R-80, R-120 and RR.
(3) 
In any zone in which the expansion of internal living space is limited by ordinance, the owner of such a unit may, subject to applicable code requirements, expand the internal area of the unit by not more than 100 square feet of habitable space for purposes of creating a home office use.
No container or containers with a cumulative capacity of more than five gallons above or below ground designed or intended for the storage of gasoline or other motor vehicle fuel shall be permitted on any residential property, except that this restriction shall not apply to properties devoted to agriculture, industrial and/or commercial uses.
[Amended 12-22-2015 by Ord. No. O-15-26]
Whenever a developer shall propose to locate drainage, utility, open space or other public facilities on a separate lot, ownership of which will be dedicated to the local, county or state government, there shall be no necessity for the developer to seek a variance if any such lot does not meet the requirements of Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter, if the Planning Board finds that the lot dimensions are appropriate for the use proposed.
Lots shall be graded to provide proper drainage, to prevent the collection of stormwater, and to prevent adverse impacts on adjoining properties. No one shall alter the grading of any lot or portion of a lot without first securing approval from the Municipal Engineer's office.
A. 
All residential building lots that are part of an approved subdivision or site plan shall be graded in accordance with the final construction plans.
B. 
No construction permit shall be issued for construction of a single-family dwelling on a lot that is not part of an approved subdivision without first submitting a lot grading plan for review and approval by the Municipal Engineer's office.
C. 
No one shall install a retaining wall, gabion wall, crib wall or similar structures used to control slopes without first securing approval as to lot grading and drainage from the Municipal Engineer's office.
D. 
The Construction Official and/or Zoning Officer may refer building permit applications for additions to existing single-family dwellings or for accessory buildings or structures which involve disturbance of more than 500 square feet of land to the Municipal Engineer's office for review to determine that proper drainage is provided.
A. 
For each application for 50 or more single-family dwelling units, the applicant shall provide a storage area of 12 square feet within each dwelling unit to accommodate a four-week accumulation of designated recyclable materials (including, but not limited to, aluminum and tin or bimetal cans, glass bottles and jars, plastic containers and newspapers). The storage area may be located within a hidden laundry room, garage, or basement.
B. 
For each application for 25 or more multifamily dwelling units the applicant shall provide a storage area of three square feet within each dwelling unit to accommodate a one-week accumulation of designated recyclable materials (including, but not limited to, aluminum and tin or bimetal cans, glass bottles and jars, plastic containers and newspapers). Within the site, the applicant shall provide a centralized storage area to accommodate a one-month's supply of recyclable materials. The storage area shall be designed for truck access for pickup of materials and shall be suitably screened from view if located outside a building.
C. 
For each application for nonresidential development which utilizes 1,000 or more square feet of land, the applicant shall provide the Planning Board with estimates of the amount of recyclable materials (including, but not limited to, aluminum and tin or bimetal cans, glass jars and bottles, plastic containers, newspapers, high grade office paper and corrugated cardboard) that will be generated each week. Applicants may obtain information regarding average generation rates from the New Jersey State Office of Recycling. Within the site, the applicant shall provide a centralized storage area to accommodate a one-week's supply of recyclable materials. The storage area shall be designed for truck access for pickup of materials. Recyclable area storage areas shall be constructed with a six-inch-thick reinforced concrete pad base over six inches of compacted dense graded aggregate base course (DGABC) stone, and shall be surrounded on three sides by a masonry wall six feet in height that is comprised of the same or compatible facade material with the exterior design of the building facade. A solid gate shall be provided on the open side of the enclosure.
[Amended 2-25-2014 by Ord. No. O-14-2]
D. 
All new multifamily housing developments shall provide an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and the Recycling Plan Element of the Freehold Township Master Plan.
(1) 
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
(2) 
The recycling area shall be well lighted, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
(3) 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
(4) 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein. All signs shall be in conformance with Article XVII, § 190-173 et seq., of this chapter.
(5) 
All outdoor recycling areas shall be screened by a solid uniform wall, fence, or similar enclosure. Landscaping shall also be provided around any outdoor recycling area in an aesthetically pleasing manner.
Private tennis and other sports courts (such as basketball, handball, and roller hockey) are permitted as an accessory use to residential dwellings in every zone wherein that principal use is permitted subject to the following requirements:
A. 
Courts shall not be constructed or installed on any premises unless a residential building is also located on the premises.
B. 
Courts shall only be located in the rear area of a lot. No court shall be permitted in the required front yard setback nor in the yard area in front of a residence that is located at a depth greater than the required minimum front yard setback.
C. 
In the case of a corner lot, a sports court shall not be constructed any closer to the side yard than the principal structure or the required minimum side yard, whichever is greater.
D. 
All court construction, including fencing in excess of six feet, shall be a minimum of 25 feet from the rear and side yard lines.
E. 
A fence not to exceed 10 feet in height may be constructed surrounding a tennis or other sports court, provided that such fencing shall not be located closer than 25 feet from the rear and side yard lines and shall conform to requirements of the Construction Official in terms of construction details. A current survey by a surveyor licensed in the State of New Jersey may be required by the Township Engineer and/or Construction Official for determination of the placement of the court, fencing and any related construction.
F. 
No lighting shall be permitted.
G. 
Plans for tennis and other sports courts shall be prepared by a professional engineer or architect licensed in the State of New Jersey, submitted to the Township Engineer, and shall comply with the following:
(1) 
Court location and construction materials including construction details.
(2) 
Grading including proposed location and amount of soil to be removed or to be placed as fill.
(3) 
Surface and subsurface drainage. Existing and proposed condition drainage calculations shall be provided. Additional drainage resulting from the proposed construction shall be discharged in stormwater drainage system approved by the Township Engineer, provided that such system or systems has adequate capacity. If such system (or systems) does not have adequate capacity for the additional storm drainage, plans for detention and/or retention basin shall be provided to the Township Engineer for his review and approval.
(4) 
Landscaping plan including location and caliper of trees to be removed and proposed plantings and buffers along adjacent properties.
(5) 
Fencing shall be permitted at a height of six feet at the property line in accordance with Article XV, § 190-165 et seq. Fencing around the tennis and sports courts in excess of six feet but not to exceed 10 feet shall be located a minimum of 25 feet from rear and side yard lines.
A. 
Purpose. The Township Committee finds that residential and nonresidential developments have encroached into steep slope areas, thereby increasing the likelihood of erosion in periods of moderate or heavy rainfall and destruction of the natural character of the Township of Freehold. The Township Committee also finds that disturbance of steep slope areas of Freehold Township produces including increased runoff, soil erosion, creation of retaining walls greater than four feet in height and destruction of mature woodland areas that provide natural stabilization of steep slopes, gradual natural surface flows to streams and their tributaries and natural recharge ground water resources in the headwaters and tributaries of the streams that originate within or flow through the Township. The Township Committee finds that many of the steep slope areas are adjacent to streams and their tributaries and disturbance of these woodlands reduces the natural water filtering function of the stream banks thereby the water quality of the streams, increasing the turbidity of the streams and transportation of topsoil from the Township and reduction of the streams to fulfill their multifaceted functions of surface drainage, subsurface recharge, and maintaining the natural stream bank habitat and canopy that is essential for maintaining and enhancing water quality, water temperatures and stream benthic and stream-edge vegetation and wildlife habitats.
B. 
Any property which is the subject of a minor or major subdivision or site plan application and which contains slope areas of 12% or greater having a rise of five vertical feet or greater (hereafter "steep slopes") shall comply with the provisions set forth below.
C. 
Existing and proposed lots with steep slopes shall be subject to the following requirements:
(1) 
Existing wooded and well-stabilized steep slopes shall not be disturbed and shall be contained in conservation easements.
(2) 
Previously disturbed, eroded and/or poorly stabilized steep slopes in excess of five vertical feet:
(a) 
The approval board may require filling of the steep slope area with compacted clean fill to a maximum slope of 25% and restabilization of the slope as described.
(b) 
Stabilization of the steep slope area through application of topsoil, fertilization, seeding, ground cover and tree planting to promote reforestation based upon a reforestation plan approved by the approval board.
(c) 
Steep slopes areas shall be contained in conservation easements.
(3) 
If retaining walls are used to stabilize existing or proposed steep slopes, all slope area measurements will be calculated as if retaining walls were not used. Retaining walls of four feet or greater shall be permitted only if their design is prepared and certified by a professional engineer licensed in New Jersey.
D. 
Steep slopes areas shall be maintained in an open space condition and shall not have any structures constructed within it.
[Added 7-27-2010 by Ord. No. O-10-13]
Where applicable, there must be compliance with § 190-161.2, Riparian Zone.
[Added 6-25-2013 by Ord. No. O-13-22]
Property owners of undersized lots containing less than 10 acres that contain a residential structure as of June 1, 2013, are hereby permitted to apply for building permits for expansion of such structure, provided that the resulting structure does not exceed the maximum lot coverage for all buildings, the maximum lot coverage of all impervious surfaces, the maximum floor area ratio, the minimum front yard, the minimum side yard and the minimum rear yard requirements for the R-E Rural Environmental Zone as shown in Schedule C, Schedule of Area, Yard and Building Requirements.[1] For existing structures on undersized lots that have front and/or side yards less than those required within the R-E Zone, the expansion of the existing structure shall be located within the rear yard and shall not be any closer to the street or encroach more into the undersized side yard (or yards) than the existing structure.
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
[Added 8-15-2018 by Ord. No. O-18-11]
A. 
Any nonconforming lot currently located in either the Rural Residential Zone ("RR") or the Rural-Environmental Zone ("RE") shall be allowed to be further developed in compliance with the R-40, R-60 or R-80 zoning regulations, depending on which of those three zones in which the lot was previously located ("previous zone"), without seeking waivers or bulk variances from the RR or RE zoning regulations, if such nonconforming lot complies with each of the following:
(1) 
Such lot was on April 25, 2000 (hereafter the "rezoning date"), previously zoned R-40, R-60 or R-80.
(2) 
Such lot was, at the rezoning date, improved with an occupied residential dwelling.
(3) 
Such lot is currently in compliance with the previous zone zoning regulations or it can be documented that it had been granted waiver or variance relief by the appropriate land use agency as to any existing nonconformity.
(4) 
Such lot has not, since the rezoning date, been subject to/part of a subdivision approval which reduced the lot’s size.
(5) 
Such lot has not, since the rezoning date, been located adjacent to any land which was under the same legal, equitable or constructive ownership.
(6) 
The proposed development activity is permitted by and would be undertaken in compliance with the current zoning regulations for the previous zone.
B. 
No subdivision of such lot shall be allowed under the provisions of this section.
[Added 7-23-2019 by Ord. No. O-19-12]
Any gasoline filling station, gasoline service station, gasoline filling stations with convenience stores or any other location dispensing gasoline and diesel fuel to the public shall have an appropriately sized emergency standby generator system as defined in § 190-3, capable of operating fuel pumps, cash registers and lighted signs in the event of power outage for at least 18 hours. Separate convenience store facilities need not have an emergency standby generator system, to the extent that the facilities set forth herein have such a system.