A.
No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth in this chapter. No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity with the yard, lot, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in this chapter for the zone in which said building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and the certificate of occupancy for such building shall become null and void.
B.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other buildings, and no yard or other open space on one lot shall he considered as providing a yard or open space for a building on any other lot.
C.
No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall he considered as providing off-street parking, loading or unloading area for a use or structure on any other lot unless specifically permitted elsewhere in this chapter.
D.
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones. Vehicle access for nonresidential uses shall not traverse a residential zone and shall be directly from a street specified as a primary, secondary or collector road category as shown in the duly adopted Master Plan of the Borough of Hopatcong.
E.
No parcel of land with an area or dimensions less than those prescribed for a lot in the zone in which such lot is located may be built upon nor may any existing building be enlarged in area in violation of any yard provision of this chapter unless and until the owner thereof obtains a variance from the Zoning Board of Adjustment.
F.
As to parcels improved with single-family homes, the installation of a propane tank, oil tank, air-conditioning unit, condenser unit and/or generator shall not be deemed to constitute an improvement subject to the following regulation where the installation services one or more dwelling houses located on the parcel.
[Added 5-1-2013 by Ord. No. 10-2013]
A.
No use shall be permitted on any lot on which there is no principal building relating to said use.
B.
Only one principal building may be erected on a lot except for related, compatible buildings constituting one basic use or operation under one management and limited to the following:
C.
Unless otherwise regulated in this chapter, a principal building as permitted shall be at least 30 feet from another principal building, and no principal building shall be located closer to the front, rear or side lot line than the minimum distance required by its zone.
D.
An accessory building which is attached to a principal building shall comply in all respects with the yard and other requirements of this chapter for a principal building, except that in the case of an accessory building attached to a principal building by means of a breezeway or other similar structure, the building shall continue to be considered as an accessory structure.
[Amended 3-6-1997 by Ord. No. 8-97]
E.
Except as part of a senior citizen subsidized or senior citizen retirement project, a townhouse development or MPD or RPD Zone, no new building shall be constructed on or any existing building altered or moved onto any lot for use as a dwelling when there exists on said lot a building which is being used for dwelling purposes. No building other than a structure permitted in and by this chapter shall be constructed in front of or moved to the front of a principal building situated on the same lot.
A.
No accessory building shall be constructed on any lot on which there is not a principal building or structure.
B.
With respect to accessory buildings and uses, the following requirements shall be complied with in all residential zones:
(1)
No accessory building shall be used for human habitation.
(2)
No accessory building shall have a floor or ground area in excess of 1/2 of the floor or ground area, whichever is smaller, of the principal building on the same lot.
(3)
The total of the floor or ground areas of all accessory buildings, if more than one, shall not exceed 1/2 of the floor or ground area, whichever is smaller, of the principal building on the same lot.
(4)
Except as permitted in § 242-24 of this chapter, no accessory building or structure shall exceed 18 feet in height or the height of the principal structure, whichever is less, except for freestanding flagpoles, which shall not exceed the height of the principal building or 20 feet, whichever is greater.
(5)
No accessory building or structure shall be permitted in any front yard, except for freestanding flagpoles.
(6)
All accessory buildings shall be located at least six feet from any principal building situated on the same lot, and every accessory building shall be located at least six feet from any other accessory building.
(7)
Accessory buildings may be built within any side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the required side yard setback for the principal building on said lot.
(8)
Accessory buildings and uses built in a rear yard shall not be closer than the minimum distance as provided for each zone, from any side or rear property line. Where the rear yard line of a property also serves as a side yard for an adjoining property and the minimum side or rear yard have distances for said zone in which the property is located less than 10 feet, then the minimum distance shall be 10 feet.
[Amended 12-1-1994 by Ord. No. 29-94]
(9)
No accessory building shall be erected on any corner lot closer to any of the lines of the streets abutting said lot than the front yard setback lines from said streets or than the actual mean distance of the side wall of the principal building from said street when the accessory building is located in a rear yard.
(10)
Location of pools. Except for pools less than 24 inches in height or having a surface area less than 250 square feet, unless these otherwise excepted pools are permanently equipped with a water recirculating system or involve structural materials, no private swimming pool shall be constructed or installed on any lot unless the following conditions are met:
(a)
The distance from any side lot line to the inside face of the closest pool wall is not less than 10 feet.
(b)
The distance between the street on which the property fronts and the fence, as required under the Borough Building Code,[1] is not less than the setback as established by this chapter, and in no event shall said fence have a setback less than any existing structure on said lot.
(c)
The distance from the rear lot line and the inside face of the closest pool wall is not less than 10 feet.
(d)
All pumps and filtration systems are located not closer than five feet to any property line.
(e)
No swimming pool shall be constructed within five feet of the foundation wall of any dwelling, whether such dwelling shall be on the same premises on which the swimming pool is to be constructed or on adjacent premises unless the Construction Official is satisfied that a location closer than the five-foot restriction will not in any manner impede the structural soundness of the subject foundation wall.
(f)
Upon said lot shall be located a residence dwelling as defined in this chapter, and said lot shall be located immediately adjacent to the owner's residence.
C.
The following requirements shall be complied with in all nonresidential zones:
(1)
Except as permitted in § 242-24 of this chapter, no accessory building or structure shall exceed 18 feet or be more than one story in height.
(2)
No accessory building or structure shall be permitted in any front yard, except for freestanding flagpoles.
(3)
No accessory building shall be closer to the principal building or any abutting rear yard property line than 10 feet.
(4)
Accessory buildings may be built within the side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the width of the side yard required for the principal building on said lot.
D.
Coverage. All accessory uses shall be included in computing maximum improved lot coverage.
E.
Number. Not more than two accessory structures shall be permitted on any lot. Patios, radio towers, fences and outdoor utility installations shall not be included in calculating the maximum number of accessory uses.
F.
An accessory building which is attached to a principal building shall comply in all respects with the yard and other requirements of this chapter for a principal building; except that in the case of an accessory building attached to a principal building by means of a breezeway or other similar structure, the building shall continue to be considered as an accessory structure.
[Amended 2-20-1997 by Ord. No. 1-97]
G.
Storage sheds. A storage shed is defined as an accessory structure having a total building area of not greater than 120 square feet and a height not greater than eight feet. The required minimum setback from the principal structure shall be six feet. The required minimum side yard and rear yard setback shall be four feet.
[Added 5-19-2010 by Ord. No. 7-2010]
H.
Exemption for garbage enclosures. Enclosures of the maximum height of five feet or less designed for placement of household garbage and recycling materials are exempt from the accessory structures ordinance and shall not be deemed accessory structures.
[Added 5-19-2010 by Ord. No. 7-2010]
I.
Hot tubs. Exterior hot tubs shall be considered accessory structures except for hot tubs located on or under a deck. Hot tubs located on or under a deck still require all construction permits as specified by all other applicable codes, and a hot tub on a deck requires proof of structural integrity to support the weight as required by the building official.
[Added 12-5-2012 by Ord. No. 26-2012]
[Added 5-5-2010 by Ord. No. 6-2010]
A.
Exemption from setback requirements. Handicap access ramps which are needed to facilitate access to dwellings in a residential zone in which a disabled person or persons reside are exempt from the setback requirements applicable to that zone.
B.
Removal of nonconforming handicap access ramps. Where a handicap access ramp has been constructed which does not meet the setback requirements otherwise applicable, the ramp may remain as long as the dwelling is occupied by a disabled person for whom the ramp will facilitate access. Access ramps shall be removed within 60 days from the date that the disabled person or persons no longer reside at the dwelling unless a variance is approved for the continuation of the access ramp.
C.
Zoning permit. A zoning permit shall be required for the construction of a handicap access ramp.
A.
Guiding principles and general requirements. Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Borough of Hopatcong and at the same time recognizing that such uses may be or may become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and to the character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable statutes, the Planning Board shall have jurisdiction and power to approve conditional uses, under the terms and conditions established by this chapter, under the following stipulations and guiding principles:
(1)
That the use for which application is being made is specifically authorized as a conditional use in this chapter for the zoning district in which it is located.
(2)
That the design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(a)
Character of the neighborhood and zone.
(b)
Conservation of property values.
(c)
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(d)
Potential congestion of vehicular traffic or creation of undue hazard.
(e)
Principles and objectives of this chapter and the Master Plan of the Borough of Hopatcong.
B.
All applications for conditional uses shall require site plan review and approval.
A.
The structures and uses listed below are specifically prohibited in any zone in the Borough of Hopatcong:
(1)
All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
(2)
Carousels, merry-go-rounds, roller coasters, Ferris wheels, whirligigs, pony or train rides, midways or side shows, boxing or wrestling exhibitions and the like.
(3)
Auction markets.
(4)
Junkyards, automobile wrecking yards or disassembly yards or the sorting or baling of scrap metal, paper, rags or other scrap material; and the manufacture and storage of high explosives and fireworks.
(5)
Penny arcades, shooting galleries, electronic game arcades or other places of amusement wherein are to be found games or coin-operated machines, except that this chapter shall not prohibit the use of coin-operated vending machines or pinball-type machines as may be licensed under Chapter 63, Alcoholic Beverages.
[Amended 4-6-1989 by Ord. No. 15-89]
(6)
The use of any premises or building in such a manner that the health, morals, safety or welfare of the community may be endangered.
(7)
Garbage, rubbish, refuse or other waste material deposits or dumps unless specifically designated by the Mayor and Borough Council.
(8)
Structures used for correctional purposes; structures used for the treatment of drug addiction, alcoholism or mental illness; or the use of any structure to house persons who are drug addicts, alcoholics, insane or mentally disturbed for the purpose of treatment or otherwise, whether eleemosynary or operated for profit.
(9)
The parking or keeping of any commercial vehicle exceeding a gross vehicle weight rating of 14,500 pounds on the street or in the open on any premises in any residential district and the garaging of more than one commercial vehicle in any residential district or the maintenance and garaging of any commercial vehicle exceeding a gross vehicle weight rating of 19,500 pounds in such residential district; provided, however, that nothing herein shall be deemed to prevent the maintenance of a camper or camping trailer on any premises.
[Amended 12-20-2017 by Ord. No. 18-2017]
(11)
The exploration, extraction, mining, milling or processing of any fissionable source material.
[Added 12-6-1984 by Ord. No. 38-84]
B.
Temporary circuses, pony rides, animal acts, carnivals, bazaars and educational sports, music or theatrical enterprises and displays, provided that the same are sponsored by a recreational, charitable, social or service organization or religious institution located within the Borough of Hopatcong, are permitted, provided that a permit for such specific activity has, after proper application, been granted by the Zoning Officer of the Borough of Hopatcong. Further, said events shall not take place over more than three continuous days, and each organization or religious institution is limited to four permits per calendar year covering a total of seven days. Auxiliaries to organizations or groups within a religious institution will not qualify as separate organizations in determining the number of permits, but the auxiliary and parent organization shall count as one, as will all the groups in total within a religious institution be counted as one and be limited to a total of four permits. All events conducted under this subsection which are part of a Borough-wide celebration or promotion recognized by a resolution of the governing body giving reference to this subsection may be processed through one application to the Zoning Officer presented by a group appointed by the Mayor, and, in which case, the fee shall be waived.
C.
Temporary Borough-wide promotions or celebrations. The display of goods for sale purposes may be permitted outside the business structure if done as part of a Borough-wide celebration or promotion, provided that:
D.
Display of plants, trees, shrubs, wreaths, fruits and vegetables and seasonal hardware for sale purposes outside of business structures is allowed in B Zones as provided:
[Added 12-6-1984 by Ord. No. 35-84; amended 2-7-1985 by Ord. No. 1-85]
(1)
The display shall be at least 10 feet from a paved road and shall not hinder pedestrian traffic.
(2)
The display shall not encroach upon required parking spaces or other space required to be kept open through Borough ordinance or an approved site plan.
(3)
The display shall be associated with the business being operated in the business structure and be of the same type of business and operated by the operator of the business in the structure.
(4)
The area devoted to the display of goods for sale shall not exceed in size 30% of the square footage of the floor space utilized in the business structure for the associated business, except that for seasonal sale of Christmas trees the total area devoted to the display of goods for sale shall not exceed in size 100% of the floor space utilized in the business structure for the associated business, and then for a period not to exceed six weeks.
E.
No lighting shall be located so as to interfere with the vision of drivers of land- or water-based vehicles.
[Added 12-5-1991 by Ord. No. 28-91]
F.
The following shall not be permitted in any zoning district in the Borough: the operation of retail cannabis establishments, which includes the growing, cultivating, manufacturing and selling and reselling of cannabis and cannabis items, and operations to transport in bulk cannabis items by a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, or as a cannabis distributor or cannabis delivery service, or cannabis consumption areas, retail marijuana stores, retail marijuana growing and cultivation facilities; and the operation of retail cannabis social clubs are prohibited within the Borough of Hopatcong and, therefore, all activities related to the above mentioned uses such as, but not limited to, growing and cultivation, possession, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, dispensing, transferring and distributing, are expressly prohibited within the Borough of Hopatcong. Nothing herein shall be construed to limit any privileges or rights of a qualifying patient, primary caregiver, registered or otherwise, or registered dispensary pursuant to the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq.
[Added 4-7-2021 by Ord. No. 5-2021]
No building or structure shall be constructed within the following areas:
A.
The physical contour of any lot shall not be altered in any manner affecting drainage to the detriment of the property or adjoining property, nor shall natural contours be disturbed or excavations permitted which are likely to involve the risk of erosion, landslides, injury to natural vegetation or other hazardous or adverse conditions.
B.
There shall be no filling of land or erection of retaining walls in any location or to such a height as would reduce the normal sight distance along a street from any point at the setback line of an adjoining lot.
C.
Land coverage with impervious materials for lands developed for residential use in critical areas shall not exceed 15%.
D.
At the completion of construction, the owner shall remove all debris, rubbish, stumps, etc., from the lot. All unused excavations shall be backfilled. During construction, general housekeeping shall be maintained so as to prevent a littered condition or unattractive appearance.
E.
No mud, silt, rubbish, trash, debris, etc., shall be deposited on Borough roads or rights-of-way as a result of construction or removal of these items from the site for disposal.
F.
Underground installation of utility lines. All utility lines and accessory appurtenances, including but not limited to electric distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utility's distribution lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines where no new utility poles are required.
G.
Lighting.
[Added 12-5-1991 by Ord. No. 28-91]
(1)
All site lighting for all uses other than single-family residential homes in the Borough shall be in accordance with § 191-24C of this Code.
(2)
Upon application, the Planning Board may consider waiving the requirements of § 191-24C(6) and (10) of special business events, Borough-wide celebrations or other similar occasions. In considering any such application, the Planning Board shall consider the effect of such a waiver on surrounding properties and residential zones and may limit the time and duration of the waiver or impose other special conditions as necessary.
No site plan or subdivision shall be approved, no building permit shall be issued for a single-family dwelling, no street shall be constructed, and no changes shall be made to the contour of the land and no grading, filling, excavating or removal or destruction of topsoil or vegetative cover of the land shall be commenced until such time that an approval as required by Chapter 197 is obtained.
A.
No parcel of land with an area or dimensions less than those prescribed for a lot in the zone in which such lot is located may be built upon, nor may any existing building be enlarged in area in violation of any yard provision of this chapter unless and until the owner thereof obtains a variance from the Zoning Board of Adjustment.
B.
Lot width. On regularly shaped lots, the minimum lot width of any lot shall be measured at the front property line and minimum front yard setback line as required for the zone in which it is located and shall be maintained for a distance of 40 feet to the rear of the required front yard setback line. In cases of lots on a cul-de-sac, the lot frontage measured at the street right-of-way line shall not be less than 40% of the required minimum lot width.
C.
Corner lots. At all street intersections, no obstruction to vision exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines or their extension thereof 30 feet distant from their intersection or at a distance determined by the Borough Engineer. On any corner lot, the minimum lot width shall be increased by 25 feet.
D.
Through lots. A through lot shall be considered as having two street frontages, both of which shall be subject to the minimum front yard requirements of this chapter.
E.
Required area or space not to be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and, if already existing as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
F.
Frontage upon a street. Every principal building shall be built upon a lot with the minimum lot width fronting upon an improved and approved street in accordance with the road standards established by the Borough of Hopatcong or on a private road shown on an approved site plan. Any newly constructed road paved to a width of less than 24 feet since 1987 is considered an unimproved road.
[Amended 9-6-1990 by Ord. No. 30-90]
G.
Quasi-public uses. All quasi.public uses, such as but not limited to churches and schools and other similar places of worship or instruction, to be located in any residential zone shall have a minimum lot requirement of one acre. The use will comply with all the other requirements of the zone in which it is located.
A.
Required yards. Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.
B.
Front yards. Every front yard shall face upon a dedicated public street or a private road shown on an approved site plan.
(1)
Yards fronting on streets less than 50 feet wide. Where any lot abuts a street which is less than 50 feet in width, the front yard required for such lot shall be increased in depth by 1/2 the difference between the width of the street and 50 feet.
(2)
Yards fronting on streets 50 feet or more in width, as shown on the Master Plan. Where any lot abuts a street with a proposed right-of-way 50 feet or more in width, as shown on the Master Plan for streets of the Borough of Hopatcong, the building setback distance shall be measured from the nearest line of the proposed street right-of-way of said Master Plan.
C.
Front yards on corner lots. The front yard for a corner lot shall be deemed to refer to the yard which faces the functional front of the dwelling house or principal structure. In the event that the functional front of the structure faces the intersection of two roads, then the front yard for the structure shall be deemed to refer to the yard area facing the street which provides the mailing address for the property.
[Amended 6-17-2009 by Ord. No. 20-2009]
D.
Yards of lots fronting on more than one street, other than corner lots. Where a lot which is not a corner lot fronts on more than one street, every yard which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage. In the case of a lot running through from one street to another, the frontage of such lot, for the purposes of this chapter, shall be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on his permit application which lot line shall be considered the front lot line.
E.
Projections and encroachments. Yards and courts required by this chapter shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this chapter, nor shall use be made of such yard, except as follows:
(1)
An uncovered front porch, including steps extending not more than 72 inches from the front line of the building, shall not be construed as part of the building.
(2)
Window wells affording light and air to basement and cellar areas.
(3)
Chimneys, provided that they are more than five feet from any side line and do not exceed 15 square feet in aggregate cross-sectional area.
(4)
Driveways providing access to permitted garages or parking areas; provided, however, that in residential zones, driveways used to provide access to private garages shall not be wider than 20 feet.
(5)
Fences and retaining walls.
(6)
Freestanding flagpoles, television and radio aerial masts, children's playground equipment, outdoor fireplaces, posts and clothesracks or -lines.
(7)
Accessory buildings and uses, including swimming pools, where specifically permitted.
F.
Lot fronting on street contemplated for widening. Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough of Hopatcong is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
G.
Exception for existing substandard setbacks. Notwithstanding any other provision of this chapter, any existing single-family residence located within any residential district where the lot or the front, side or rear yard setbacks do not meet the minimum requirements for the zone set forth in this chapter may relocate an exterior wall or add a second story, provided the following conditions are satisfied:
[Added 6-20-2007 by Ord. No. 12-2007]
(1)
No construction or alteration shall reduce the existing front, side or rear yard setback to any distance less than the existing distance or the requirements of the zone, whichever is greater. All distances referenced in § 242-22G shall be measured at right angles to straight portions and to tangents of curved portions.
(3)
No construction or alteration shall be permitted unless there are a minimum of two on-site parking spaces.
(4)
No construction or alteration shall be permitted if there is a change in the existing grade that raises or lowers the elevation of the lot within five feet of a property line.
(5)
No construction or alteration shall be permitted where the roof area is increased more than 1,000 square feet and/or the impervious cover is increased more than 1,000 square feet, unless the plan includes a dry well or other infiltration system designed to accommodate three inches of rainfall to be approved by the Borough Engineer. Should specific site conditions prevent the use of infiltration facilities, an alternative means for stormwater management must be proposed and approved by the Borough Engineer.
A.
Driveway grades for single-family residences shall not exceed 15% at any point along their length. Driveway grades for other construction shall not exceed 10% at any point along their length. In addition, the driveway grade shall not exceed 8% for a distance of eight feet from the curbline, and a vertical curve shall be provided between said eight-percent grade and any increase in grade. Single-family residences in existence or for which building permits were issued prior to June 30, 1975, are exempt from these slope requirements.
B.
All driveways constructed or modified within a municipal street or road right-of-way shall be constructed so as to be perpendicular to the existing pavement or traveled way. Any curved or angular approach of the driveway for aesthetic or topographical reasons shall be accomplished outside of the municipal street or road right-of-way.
C.
All driveways constructed or modified within municipal streets or road rights-of-way shall have a minimum driving width of 10 feet with a minimum radius of five feet on each side as they touch the municipal paving or traveled way.
D.
All driveways shall be constructed and maintained at all times in such a manner as to prevent erosion of the soil from them and land behind them. Silt must be prevented from running onto the municipal street or road and/or filling up gutters, catch basins, inlets, drains or culverts.
E.
All driveways to be constructed or existing driveways to be modified within an existing or future municipal street or road right-of-way shall be constructed or modified in accordance with the following minimum requirements:
(1)
All driveways shall be constructed or altered so as to slope from the street or road right-of-way toward the edge of the existing shoulder or traveled way in accordance with the following schedule:
(a)
For street or road right-of-way widths greater than 50 feet, the driveway shall be constructed or modified so that at the point of intersection of the street or road right-of-way line and the center line of the driveway the finished grade of the driveway shall be no more than six inches (this may vary with local conditions) higher than the center-line elevation of the existing pavement or traveled way.
(b)
For street or road right-of-way widths of 50 feet or less, the driveway shall be constructed or modified so that at the point of intersection of the street or road right-of-way line and the center line of the driveway the finished grade of the driveway shall be no more than three inches (this may vary with local conditions) higher than the center-line elevation of the existing pavement or traveled way.
F.
All driveways shall be constructed so as not to concentrate, transport or serve as a drainageway for stormwater runoff from roofs and/or adjacent land surfaces to the road drainage system.
G.
All driveways within the municipal street or road right-of-way shall be constructed or altered in such a manner as not to interfere with the drainage along the existing pavement or traveled way. Under no circumstances shall the driveway be allowed to extend beyond the edge of the existing pavement and traveled way, thereby creating a hump or uneven driving surface on the pavement or traveled way.
(1)
The construction of a properly sized dish-type gutter will be permitted, provided that the existing municipal water flow will not be blocked, altered or changed in any manner unless otherwise approved by the Borough Engineer.
(2)
The installation of suitable-size concrete pipes or culverts will be required in the event that the existing flow line or ditch cannot be crossed with a dish-type gutter. The size of the pipe or culvert required shall be determined by the Borough Engineer. Where the construction of any driveway involves the breaking of existing curbing, the break in the curbing shall be restored at the borders of the driveway.
H.
All driveways constructed or altered within municipal streets or road rights-of-way shall be constructed of the following materials:
(1)
Driveways entering unpaved roads: four inches compacted thickness of quarry process Type 5A stone thoroughly rolled and compacted at the specified width.
(3)
All materials shall comply with the New Jersey State Highway Specifications for Road and Bridge Construction, 1961 Edition, and all amendments and revisions thereto.
I.
A zoning permit shall be required for the installation, enlargement or modification of any driveway within the Borough of Hopatcong. The term "modification" shall not be construed so as to require a permit for the mere repaving of an existing driveway. If the driveway is to serve a building to be constructed or altered, the application for a driveway permit shall be submitted in conjunction with the building permit. The Construction Official or Zoning Officer shall withhold the issuance of any such driveway permit unless such driveway is approved in accordance with this chapter. Any application to construct a driveway which is located upon a Sussex County roadway shall include proof of Sussex County approval.
[Amended 2-2-1995 by Ord. No. 3-95]
J.
It shall be the duty of the applicant to properly guard the construction of a driveway regulated under this chapter by erecting suitable barriers, warning signs and lanterns, and such applicant shall be liable for any neglect to safeguard the traveling public.
A.
General application. No building or structure shall have a greater number of stories or greater number of feet than is permitted in the zone where such building or structure is located.
B.
Permitted exceptions.
(1)
Height limitations stipulated elsewhere in this chapter shall not apply to churches, spires, belfries, cupolas and domes, monuments, historic edifices, chimneys, flagpoles, private radio and television antennas, towers, fire towers, tanks, water towers and standpipes, all attached to the principal structure, and essential services. All freestanding exceptions shall be considered as accessory structures.
(2)
Mechanical appurtenances, such as condensers, elevator penthouses, exhaust fans, air-conditioning equipment and other similar equipment, are exempt from these height restrictions, provided that they do not extend more than 10 feet above the maximum height limitation, cover no more than 10% of the roof area and are properly shielded by a parapet wall.
A.
The requirements for critical areas shall be considered as minimum requirements.
B.
A buffer is an area consisting of trees, shrubs, fencing or a combination of all of these so installed as to provide both a visual and an acoustical barrier between properties with different types of uses. No building, parking area, street, sign, except traffic directional sign, or storage of materials shall be permitted within a buffer, except for entrance and exit roads which cross the buffer.
C.
Minimum buffer for the single-family detached residential zone adjacent to or across from other uses. Where a single-family detached residential zone abuts, is adjacent to or across from a multifamily zone, residential planned development zone or any nonresidential zone, the following minimum buffer distances shall be maintained in the multifamily or nonresidential area. These buffers shall be in addition to any required minimum yard requirements.
| Minimum Buffer Required | |||
|---|---|---|---|
| Zone | Feet | ||
| Townhouse in R-2T | 30 | ||
| B-1 | 25 | ||
| B-2 | 30 | ||
| B-3 | 75 | ||
| M-1 | 50 | ||
| M-2, except for a quarry | 50 | ||
| RPD | 75 | ||
| MPD | 75 | ||
D.
Agricultural uses shall provide a buffer of 30 feet along the side and rear lot lines.
E.
A quarry use, as permitted in the M-2 Zone, shall provide a buffer of 300 feet with any zone boundary and 200 feet with any adjacent lot in the same zone or any public road or highway.
A.
Off-street parking required.
(1)
In all zones, in connection with every industrial, business, institutional, recreational, residential or any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking for automotive and other vehicles in accordance with the requirements set forth herein. Such facilities shall be completed prior to the issuance of a certificate of occupancy. The applicant shall also meet the requirements of P.L. 1975, c. 221, requiring parking spaces for the handicapped. No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street, loading or unloading area for a use or structure on any other lot. Parking areas may be located in rear or side yards, but may not be located in any required minimum front yard area, except for single-family detached dwellings, and are subject to buffer requirements and other requirements of this chapter.
(2)
Parking for B-1- , B-2- and B-3-type uses shall be located in other than the required front yard area or the required side yard area on the street side in the case of corner lots. Such parking areas shall be illuminated during operating hours, if they occur after sunset, and shall not be located closer than 50 feet to a residence zone.
(3)
Parking for M-1- and M-2-type uses shall be located in other than the required front yard area and shall not be located closer than 100 feet to a residential zone boundary. Parking for uses as permitted in the M-1 and M-2 Zones shall be screened from adjacent residential properties. Such screening shall consist of proposed buildings, installation of fences, installation of vegetative screening or such other effective method as the reviewing board may deem appropriate. Adequate view screening shall be determined via the use of line-of-sight diagrams submitted as a part of any site plan or other relevant application. Where adequate screening cannot be provided, the reviewing board may deny the relief requested or impose appropriate conditions.
[Amended 11-4-1998 by Ord. No. 29-98]
B.
Size of parking spaces. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall measure at least 10 feet in width by 20 feet in length and shall be of usable shape and condition.
C.
Off-street open parking requirements for particular uses. The number of off-street parking spaces required shall be as set forth in the following table in accordance with the indicated standards:
|
Off-Street Open Parking Requirements
|
|
|---|---|
|
Uses
|
Minimum Required Parking Spaces
|
|
Automotive service stations
|
3 for each bay, plus 1 for each employee with a minimum of 2 for employees
|
|
Banks and savings institutions
|
1 for each 100 square feet of floor area, exclusive of service areas, or 10 for each teller window, whichever is greater. "Floor area" shall be defined as the sum of all open floor space within the walls of a structure, exclusive of stair wells, elevators and basements.
|
|
Beauty and barber shops
|
1 for each 200 square feet of gross floor area
|
|
Bowling lanes
|
6 for each lane
|
|
Churches and other places of worship
|
1 for each 3 seats or 1 for each 72 inches of seating space when benches rather than seats are used
|
|
Community buildings, theaters, auditoriums, social halls and places of public assembly
|
1 for each 2 seats, except where a specific amount of seating is undetermined, then 1 shall be required for each 75 square feet of assemblage area
|
|
Country clubs
|
1 for each 100 square feet of floor area occupied by all principal or accessory structures, except those used for parking purposes
|
|
Funeral homes and mortuaries
|
10, plus 1 for each 50 square feet of floor area
|
|
Golf courses
|
5 for each tee
|
|
Golf driving ranges
|
1 for each tee
|
|
Industrial uses
|
1 for each 300 square feet of floor area
|
|
Laboratory and research uses
|
1 for every 300 square feet of floor area
|
|
Laundromats
|
1 for each 200 square feet of gross floor area
|
|
Marinas
[Added 4-7-1994 by Ord. No. 14-94]
|
0.6 spaces for each boat slip provided
|
|
Medical or dental clinics or offices
|
4 for each doctor or dentist, plus 1 for each 100 square feet of floor area
|
|
Motels, hotels and motor lodges
|
1 for each rental unit, plus 1 per employee and, in addition, compliance with the requirements for each particular additional use located on the property, such as restaurants, eating and drinking establishments, rental stores and meeting rooms
|
|
Nursing homes
|
1 for each bed
|
|
Offices, business
|
1 for every 150 square feet of floor area
|
|
Offices, professional, other than medical and dental
|
1 for every 100 square feet of floor area
|
|
Parks and other outdoor recreation sites
|
5 for each gross acre of land up to 50 acres, and 1 per gross acre of land above 50 acres
|
|
Residential dwellings
|
|
|
Single-family detached
|
2 for each dwelling unit
|
|
Townhouses, duplexes and patios
|
2 for each dwelling unit
|
|
Restaurants, eating and drinking establishments and catering halls
|
1 for each 2 1/2 seats or 1 for each 100 square feet of floor area, whichever is larger, plus 1 for each employee
|
|
Retail stores, store groups, shops, etc.
|
1 for each 150 square feet of floor area where the floor area shall not exceed 2,000 square feet, and 1 for each 175 square feet of floor area where the floor area shall exceed 2,000 square feet
|
|
Roadside stands as an accessory agricultural use
|
10
|
|
Schools and educational uses for profit
|
1 1/2 for each staff member of the school
|
|
Senior citizen retirement project
|
1 1/2 per dwelling unit
|
|
Senior citizen subsidized housing
|
1 per dwelling unit
|
|
Swimming pools and clubs
|
1 for each 30 square feet of pool area
|
|
Tennis courts
|
6 for each court
|
|
Wholesale establishments, warehouses and furniture stores
|
1 for each 500 square feet of floor area
|
D.
Off-street parking requirements for combination of uses. The parking requirement for each use shall be computed separately, and then such requirements shall be added together to compute the total number of required parking spaces. In all questionable or doubtful cases or for uses not enumerated, the Planning Board shall determine the required number of spaces, utilizing as a standard the requirements for the uses which are specifically enumerated.
E.
F.
Location in different zones. No access drive, driveway or other means of ingress and egress shall be located in any residential zone to provide access to uses other than those permitted in such residential zone.
G.
Design, surfacing and maintenance of parking areas, except for single-family detached dwellings.
(1)
The parking spaces should be 10 feet by 20 feet and separated by double lines (hairpin markings), except that spaces for trucks shall be larger in accordance with the type of truck to be parked. All parking areas should be curbed, and, if sidewalks or walkways are not provided, front wheel bumpers should be installed. If the raised paved area beyond the curb is widened to accommodate vehicle overhang, the length of the stall may be shortened. The curb should be either poured concrete, precast concrete or Belgium block.
(2)
Parking areas provided for uses, except for single-family detached dwellings, shall be surfaced with either a bituminous concrete pavement with a minimum four-inch crushed stone base and a two-inch wearing surface or a six-inch reinforced concrete pavement maintained in good condition and shall be so graded and drained as to dispose of all surface waters to the satisfaction of the Borough Engineer.
(3)
For parking areas referred to in this subsection, it shall be the responsibility of the owner of the property to maintain all off-street parking, loading and unloading areas, driveways, aisles and accessways in good condition, free of sagging conditions, potholes, cracked pavement, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. If the owner fails to undertake repairs, after proper notification by the Construction Official, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the Borough residents and visitors or may revoke the owner's certificate of occupancy and require the property to be vacated.
A.
In all zones, for every building or part thereof hereafter erected which is to be occupied for manufacturing, storage, goods display, retail store, wholesale store or warehouse, market, hospital, laundry, dry cleaning or other uses requiring the receipt or distribution of materials or merchandise by vehicles, there shall be provided and maintained, on the same premises with such building, off-street loading spaces in relation to the gross floor area of every such building as follows:
B.
Each loading space shall be at least 12 feet in width, 45 feet in length and shall have a fourteen-foot overhead clearance.
C.
Such loading space shall be permitted only in the side or rear yard of the premises to which it is appurtenant, provided that no part of said space is nearer than five feet to any side or rear property line.
[Added 5-1-2002 by Ord. No. 12-2002]
A.
General provisions related to fences and retaining walls.
(1)
Permit required.
[Amended 7-18-2007 by Ord. No. 17-2007]
(a)
No fence, wall, or bulkhead shall be constructed on any lot without a building permit as required by the provisions of this section, the Borough Building Code, located in Chapter 93, and/or the Uniform Construction Code.
(b)
A zoning permit shall be required for constructing any fence or retaining wall or bulkhead.
(2)
An applicant who obtains a zoning or building permit has 12 months from the date the permit is issued to complete construction of the fence, bulkhead or retaining wall. If the fence, bulkhead or retaining wall is not completed within 12 months, the building or zoning official shall revoke the permit and the applicant may reapply.
[Amended 7-18-2007 by Ord. No. 17-2007]
(3)
No retaining wall or fence shall be erected in any location or to any such height so as to impair sight distance and affect safe ingress and egress from any lot or street.
(4)
Any bulkhead wall along the shoreline of Lake Hopatcong or Bear Pond shall also comply with the provisions of § 242-30.
(5)
This section shall not apply to arbors, provided that the same are located within the subject property and are located a minimum of 10 feet from any property line bordering on a right-of-way.
B.
Fences.
(1)
No fence shall be erected within five feet of a street right-of-way.
(2)
All fences must be constructed on the property of the applicant.
(3)
Fences erected in a front yard shall not be more than four feet in height.
(4)
Fences erected in the side or rear yard shall not exceed six feet six inches in height.
(5)
For commercial or industrial property the maximum height shall be 10 feet. In addition, fences erected in the rear yard of lakefront properties shall conform to the rear yard provisions otherwise established in this chapter.
(6)
All fences, when constructed, shall be placed such that the finished side faces adjoining properties and/or areas exposed to public view.
[Amended 7-18-2007 by Ord. No. 17-2007]
(7)
The foregoing limitations shall not apply to fences used in connection with agricultural uses, provided the same do not obstruct vision for purposes of traffic safety, nor shall said limitations apply to fences or walls required by the Planning Board in connection with site plan approval.
(8)
All fences shall be constructed of chain link with a mesh size of 1 1/4 inches or greater, ornamental wire, wrought iron, wood or masonry. No fence shall be constructed of solid corrugated steel, solid sheet metal, barbed wire, razor wire, or any other material that has sharp or dangerous protrusions. Exceptions from the limitations of this section may be made by the Planning Board or Zoning Board of Adjustment for commercial property.
[Amended 7-18-2007 by Ord. No. 17-2007]
C.
Retaining walls. Retaining walls may be constructed in accordance with the following requirements:
(1)
No retaining wall shall be erected within five feet of a street right-of-way line or side or rear property lines.
(2)
No retaining wall shall be permitted to incorporate glass or spikes.
(3)
All retaining walls shall be positively drained by providing sufficient underdrain installation. Surface drainage shall not be permitted to flow directly against the face of the wall.
(4)
A retaining wall whose primary purpose is to bring the level of the property up to that of the roadway may be permitted to be constructed within a road right-of-way upon application to and approval by the Mayor and Council. The design and construction of any such wall shall be subject to the approval of the Construction Official. The top of the retaining wall shall be no higher that the road grade or pavement. No approval under this subsection shall be construed as granting any rights to utilize the public right-of-way for any purpose other than access to the adjoining property.
D.
Special provisions for railroad tie retaining walls.
(1)
Railroad tie retaining walls may be constructed to a maximum height of 64 inches above ground. If a railroad tie retaining wall exceeds 64 inches, the wall shall be designed as a closed-face timber curb retaining wall with a maximum height of 12 feet and shall be designed by a professional engineer or architect.
(2)
Railroad tie retaining walls shall conform to the requirements of the Borough Building Code.
(3)
Railroad tie retaining walls shall conform to the following minimum requirements:
(a)
Tiebacks shall be a minimum of seven feet and shall be provided with a four-foot minimum length deadman.
(b)
Tiebacks shall be installed on alternate courses at 16 feet on center and shall be offset horizontally eight feet from the tieback below.
(c)
The face of the wall shall have a minimum batter of two inches per foot.
(d)
The bottom course of the tie wall shall be set in an eight-inch sand bed and shall be pinned to firm ground with two one-half-inch-diameter steel rods per bottom tie. The top of the bottom course tie shall be set at the finished grade at the bottom of the wall.
(e)
All ties shall be spiked with four drift pins per tie and shall be of sufficient length to penetrate two members and four inches into the third member.
(f)
All cuts or bored holes should be, but are not required to be, coated with two coats of a wood preservative to treat the timber.
A.
Applicability of regulations. The following regulations shall apply to all signs and outdoor advertising and shall be in addition to other regulations for specific uses elsewhere in this chapter.
B.
Sign erection permit required. No sign, either permanent or temporary, shall be constructed or displayed unless a sign construction permit shall have first been obtained from the Zoning Officer and, where sign construction is involved, unless a building permit shall have first been obtained from the Construction Official, unless specifically exempted. When a business use removes from a structure or land all nonconforming signs pertaining to that business, any new sign erected at such location shall comply with the requirements of this chapter.
C.
Regulations applicable to all zones. The following general provisions are applicable to all zones:
(1)
Unless otherwise provided for, all signs shall relate to the premises on which they are erected.
(2)
Any signs not specifically permitted are hereby prohibited.
(3)
Signs, whether portable, permanent or temporary, other than municipal, county or state signs, shall not be erected within five feet of the paved surface of a street or within the right-of-way of any street or approved sight easements, nor shall any sign be located so as to constitute a traffic hazard.
[Amended 4-7-2010 by Ord. No. 4-2010]
(4)
The top of freestanding signs shall not exceed the height limit of principal structures in the zone where located or 35 feet, whichever is less. Signs attached to a principal structure shall not extend above the roofline or parapet. Where the face of a sign has openings or is of an irregular shape, the area of the sign, exclusive of supporting members, shall be considered as the total area of the smallest rectangle that can enclose the sign.
(5)
The area of a sign shall be computed as the total square measurement of the material upon which the lettering, illustration or display is presented. The measurement shall include the border or frame around the sign. In the case of an irregularly shaped sign or letters in silhouette where there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. No portion of the supporting members of any sign which are used solely for such purpose shall be included when computing the area of any sign. For signs with two display faces, the maximum area requirement shall be permitted for each face. Signs with more than two display faces are prohibited. Signs within the interior of a structure designed to be seen and read from the exterior shall be considered as part of any maximum sign area.
[Amended 4-7-2010 by Ord. No. 4-2010]
(6)
The use and display of strings or streamers of flags, pennants or spinners or similar objects and devices across, upon, over or along any premises or building, whether as a part of any sign or for advertising or public attraction or otherwise, is prohibited in any zone; provided, however, that this provision shall not apply to decorations customarily used for locally celebrated holiday display or Borough celebrations.
(7)
The "vertical height" of a sign shall mean and include the largest vertical height of the background upon which the lettering, illustration or display is presented. This shall not include the supporting members of any sign which are used solely for such support. If the letters, illustration or display are attached directly to the face of a building, the height of the sign shall be the height of the largest letter, illustration or total display, whichever is the greater.
(8)
Freestanding signs shall not be supported with guy wires.
(9)
Advertising or identification of an establishment painted on the surface of a building shall be considered part of the regulation of this chapter.
(10)
Signs attached to the side of a building shall not extend more than 12 inches from the face of the building.
(11)
Whenever a sign becomes structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person, firm or corporation owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
(12)
Signs shall not be painted on or affixed to water towers, storage tanks, smokestacks or similar structures.
(13)
The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.
(14)
Facade signs and freestanding signs for office, commercial and industrial uses may be internally illuminated.
(15)
One nonflashing sign identifying a church, public building, playground or other such permitted use and not exceeding 10 square feet in area on any one side and located not less than 10 feet from any street or property line shall be permitted for each of the aforementioned permitted uses.
(16)
One nonflashing sign advertising a farm or nursery activity having not more than 20 square feet in area on any one side and located not less than 10 feet from any street or property line shall be permitted for each of the aforementioned permitted uses.
D.
Prohibited signs. The following signs are prohibited:
(1)
Moving or revolving signs and signs using waving, blinking, flashing, vibrating, flickering, tracer or sequential lighting, except for time-and-temperature signs and changeable copy displays.
(2)
Signs using words such as "stop" and "danger" or any other sign which, in the judgment of the Police Chief of the Borough, constitutes a traffic hazard or otherwise interferes with the free flow of traffic.
(3)
Roof signs.
(4)
Signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other sign not related to the premises on which the sign is erected.
(5)
Signs causing interference with radio or television reception.
(6)
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
(7)
Signs placed in awnings, trees, fences, utility poles or signs attached to other signs, except that small political signs 620 square inches in area or less may be wired to trees upon permission of the owner.
(8)
The use of flags and pennants.
[Amended 6-30-1997 by Ord. No. 24-97]
(9)
Except as otherwise expressly permitted in and by the provisions of this chapter, no sign shall be placed or located or displayed upon any public sidewalk or within the limits of any public street or right-of-way or project over any sidewalk or public right-of-way.
E.
Permitted signs in single-family detached residence areas. The following signs are permitted in R-1, R-2 and R-3 Zones and in the R-2T Zone, except for a townhouse development, and in the single-family detached residence portion of RPD and MPD Zones:
(1)
Nonilluminated directional signs identifying parking areas, entrances, loading zones, exits and similar locations and not exceeding three square feet in area.
(2)
Nameplate and identification signs for single-family dwellings. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than two square feet. A permitted home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
(4)
Temporary nonilluminated real estate signs announcing the sale, lease or rental of the premises on which the sign is located in accordance with Subsection H(4) of this section.
(5)
Temporary and permanent traffic signs and signals or other signs installed by a government agency.
(6)
Religious institutions, hospitals, nursing homes, private schools and service organizations may have one freestanding or wall sign not exceeding 20 square feet in area.
(7)
Where doctors' and dentists' offices are located, one customary professional sign or nameplate sign not more than two square feet in area may be permitted. If such sign is illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property, unless it is a porch light or lamppost light.
(8)
One nonflashing sign identifying farms, public and private parks and recreation areas and not exceeding 30 square feet in area on any one side, and further provided that such sign shall not be closer than 10 feet to any street or property line.
F.
Signs permitted in a townhouse development and RPD and MPD Zones. The following signs are permitted in a townhouse development and RPD and MPD Zones:
(1)
Directional signs, each not to exceed two square feet in area, indicating the residence or the office of the manager or superintendent of the development and traffic regulatory signs, not to exceed three square feet in area, indicating entrances to and exits from the premises, the direction of traffic flow on driveways and the location of parking areas or of accessory service and utility facilities.
(3)
Nameplate and identification signs for each single-family dwelling unit. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than 144 square inches. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
(4)
Temporary and permanent traffic signs and signals or other signs installed by a government agency.
(5)
Temporary nonilluminated real estate signs in accordance with Subsection H(4) of this section. There shall be one location for the entire development where such a sign may be posted, and there shall be only one for the entire development.
(6)
A permanent sign as approved by site plan review indicating the name of the development.
G.
Permitted signs in B-1, B-2, B-3, M-1 and M-2 Zones and in the M-1-type and B-2-type portion of the MPD Zone. In the B-1, B-2, B-3, M-1 and M-2 Zones and in the M-1-type and B-2-type portion of the MPD Zone, all signs are permitted as in all residential zones. In addition, signs as hereinafter regulated are permitted, provided that no sign shall be permitted which is not accessory to a use, business, product, commodity, service, activity or entertainment and manufactured products sold or conducted on the property, and then only if the following requirements are complied with:
(2)
The sign shall be based on an integrated design theme to include all of the elements mentioned in Subsection G(1) above. All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of principal structures and the landscaping plan.
(3)
The total area of all signs affixed to a structure shall not exceed 10% of the building facade of the structure to which said signs are attached. The Planning Board may permit a total sign area of up to 15% of the building facade if, in its judgment, such additional area shall assist in developing a harmonious and integrated design consistent with the goals and objectives of this section.
[Amended 10-5-1995 by Ord. No. 23-95]
(4)
Freestanding signs to be located on poles, kiosks, stanchions or similar supports shall not exceed the height limit of the principal structures permitted in the zone or 35 feet, whichever is less. Such signs shall have an area not in excess of one square foot of sign space for every linear foot of property or street frontage along which the sign is placed but in no event greater than 150 square feet. The Planning Board may permit a total sign area of up to 200 square feet if, in its judgment, such additional area shall assist in achieving the goals and objectives of this subsection. Only one such freestanding sign shall be permitted on any single property, regardless of the number of establishments on the property, except that the Planning Board may authorize an additional freestanding sign if the property has access from more than one public street.
[Amended 10-5-1995 by Ord. No. 23-95]
(6)
No sign shall be located closer than 10 feet to any lot line, except traffic signs and other signs installed by governmental agencies, provided that the sign does not interfere with sight lines and safety or any other provision of this chapter.
(7)
Only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted to be erected. Coming events, community bulletin boards and time-and-temperature signs shall also be permitted.
(8)
Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to remove any remaining or derelict on-premises signs following notification by the Borough and at the expense of the owner of such property. Where due written notification has been given by the Borough and compliance has not been made within the required ninety-day period, the Borough may cause removal of such sign and charge the cost of such removal to the owner.
H.
Temporary signs.
(1)
Signs advertising construction or alteration of residential buildings or construction on residential properties. No temporary sign which advertises for the construction or alteration of a residential building and/or construction or alteration performed on residential property shall be larger than 24 square feet in area. Said temporary sign shall be removed prior to the issuance of the certificate of occupancy or certificate of approval for which the construction permit was issued or before the first certificate of occupancy/certificate of approval is issued, if said premises are subject to more than one construction permit. Under no circumstance shall a temporary sign be posted for a period greater than six months from the date of issuance of the permit for said temporary sign. A separate construction permit is required for all temporary signs 620 square inches (4.30 square feet) or greater. Signs less than 620 square inches are permitted to be displayed for a period of time not exceeding 30 days or from the date of the issuance of a construction permit, during the construction, and for a period of 10 days after the completion of construction, whichever is less.
[Amended 10-20-2004 by Ord. No. 34-2004]
(2)
Temporary signs advertising major subdivisions. Any sign advertising a major subdivision comprising three or more home sites shall not exceed 24 square feet in size and shall be removed within one year after an occupancy permit has been issued for the first residence constructed in said subdivision or one year from the date of the issuance of the permit for erection of said temporary sign, whichever period is less. A separate construction permit is required for temporary signs 620 square inches or greater.
[Amended 10-20-2004 by Ord. No. 34-2004]
(3)
Temporary signs advertising nonresidential construction or construction on nonresidential properties. A temporary sign advertising the construction or alteration of a commercial, business, institutional or industrial structure or property, which is intended to be displayed prior to or during such period of construction or alteration, shall not exceed 100 square feet in area and shall be removed when the first certificate of occupancy for said building or structure or unit or portion thereof is issued, if the same is to be subject to more than one occupancy, or one year from the date of issuance of the permit for said temporary sign, whichever period is less. A separate construction permit is required for temporary signs 620 square inches or greater. Signs less than 620 square inches are permitted to be displayed for a period of time not exceeding 30 days or from the date of the issuance of a construction permit, during the construction, and for a period of 10 days after the completion of construction, whichever is less.
[Amended 10-20-2004 by Ord. No. 34-2004]
(4)
Temporary real estate signs.
[Amended 9-2-1993 by Ord. No. 16-93; 3-14-1996 by Ord. No. 8-96; 10-3-2007 by Ord. No. 22-2007]
(a)
Temporary on-site real estate signs; sale or rental signs. Up to two signs advertising property that is for sale or for rent may be placed on any property in any zone and must comply with the following requirements:
[1]
They shall not be illuminated.
[2]
They shall pertain only to the lease or sale of the property upon which they are placed, except as set forth in Subsection H(4)(a)[3].
[3]
If the property for sale is on the last block of a dead end street, an additional two signs may be placed off site at the corner of the beginning of the street within the public right-of-way or on private property with advance permission.
[4]
For residential property, each said sign shall not exceed 620 square inches in area.
[5]
For any vacant property in a nonresidential zone or commercial property, the maximum size of each such sign shall not exceed 24 square feet.
[6]
Said signs shall be removed within six months or 48 hours after signing of a lease or the transfer of title of the advertised premises, whichever comes first.
[7]
No sign construction permit shall be required for real estate signs to be erected and displayed in accordance with the provisions of this subsection, but a zoning permit is required for any temporary real estate sign that is not for a single-family detached residence which exceeds 620 square inches in area.
[8]
Any sign erected pursuant to this subsection may have advertising on two sides.
[9]
Any sign erected pursuant to this subsection may not be placed upon Borough-owned property, except as permitted herein, and must be placed so as not to interfere with traffic or with the vision of any person traveling on the streets or roads of the Borough.
(b)
Temporary real estate open house signs. Up to five temporary on-site or off-site signs advertising an open house, or other similar promotion, may be erected during the actual one-day twenty-four-hour period of said open house or promotion. Each such sign must not exceed 620 square inches and may be placed on Borough property, but must be placed in a manner so as not to interfere with the use of any Borough right-of-way or with the view of any driver on said roadway. Permission shall be obtained from the owner of any private property upon which such a sign is to be erected. Said sign may include balloons or other appendages, provided that said balloons or appendages are removed within the time period provided herein.
(c)
Both the property owner and real estate broker who advertises a property pursuant to this subsection shall be held responsible for compliance hereunder.
(5)
Temporary signs advertising public and charitable purposes and events. Temporary signs advertising public or charitable purposes or events may be placed on property owned by an organization conducting the event or on property zoned for commercial uses or on property with frontage on Sparta Stanhope Road, subject to the following requirements:
[Amended 9-2-1993 by Ord. No. 16-93; 12-1-1994 by Ord. No. 29-94; 10-7-2015 by Ord. No. 29-2015]
(a)
No such sign shall advertise, promote or be for the special advantage or benefit of any individual, company, business use or establishment or product.
(b)
No sign shall be erected more than 28 days before the event is to take place, and all signs shall be removed within 48 hours after the event.
(c)
Construction permits are required, but the fees shall be waived.
(d)
The owner of the property where the sign is located shall not charge for the privilege of having the sign on the property.
(e)
The sign shall conform to the other requirements for signs in the zone in which the sign is located.
(f)
The sign shall not exceed 32 square feet in area.
(g)
The application for the sign shall contain the signature of the owner of the property, indicating consent, and the signature of an authorized representative of the organization, indicating the organization is responsible for the sign.
(h)
No more than five signs shall be permitted for any one event. Further, no event may continue on more than three consecutive days. Each organization is limited to four events per year, covering a total of seven days or less.
(i)
The events must be sponsored by a recreational, charitable, social or service organization or religious institution located within the Borough of Hopatcong, and provided that a permit for such specific event has, after proper application, been granted by the Zoning Officer of the Borough of Hopatcong. Auxiliaries to organizations or groups within a religious institution will not qualify as separate organizations in determining the number of permits. The auxiliary and parent organization shall count as one, as will all the groups in total within a religious institution be counted as one and be limited to a total of five permits.
(6)
Temporary political signs that require permits. Temporary political signs shall be permitted, subject to the following restrictions:
[Amended 9-2-1993 by Ord. No. 16-93; 4-7-2010 by Ord. No. 4-2010; 4-6-2011 by Ord. No. 7-2011]
(a)
No sign shall be erected more than 30 days before the election is to take place, and all signs shall be removed within 48 hours after the election. An engineer's plan and/or certification and construction permits are required, but the fees shall be waived.
(b)
The owner of the property where the sign is located shall not charge for the privilege of having the sign on the property.
(c)
The sign shall not exceed 32 square feet in area. The sign shall not be placed any closer than five feet to the paved surface of a county or Borough road.
(d)
The application for the sign shall contain the signature of the owner of the property, indicating consent, and the signature of the candidate or candidate's authorized representative, indicating the person responsible for the sign.
(e)
The signs shall not number more than five for any election with any one candidate's name for a particular election. Where the names of two or more candidates appear on a sign, the sign shall be counted once for each of the candidates.
(f)
Except as set forth in Subsection H(6)(a) through (e) signs covered by § 242-29H(6) shall conform to the other requirements for signs in the zone in which the sign is located.
(7)
Temporary political signs that do not require permits. Permits are not required for signs of 740 square inches or less in area. For signs governed by Subsection H(7):
[Added 4-6-2011 by Ord. No. 7-2011[1]]
(a)
There shall not be a number limit;
(c)
The signs may be placed in the municipal right-of-way (the restriction of § 242-29C(3) shall not apply), but shall not be placed within a sight triangle easement (a recorded prohibition on structures that would block vehicle or pedestrian line of sight) and in any place creating a safety hazard as determined by the Zoning Officer with input from the Police Department or Municipal Engineer;
(d)
The candidate shall be responsible for all signs posted in the candidate's name.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection H(7) and (8) as Subsection H(8) and (9), respectively.
(8)
Temporary commercial signs may be displayed in any store window as shown upon an approved site plan. The area of any such commercial sign affixed to the surface of a window shall not exceed an area equal to 50% of the window area on which the sign is affixed. The area allowance shall not be included in any computation of area allowances for other signs as provided herein.
[Added 10-5-1995 by Ord. No. 23-95]
(9)
Temporary commercial special event banners or signs. Temporary signs or banners advertising grand opening events, Borough-wide celebrations or special sales events shall be permitted under the following conditions:
[Added 10-5-1995 by Ord. No. 23-95]
(a)
Grand opening events. One sign or banner not exceeding 32 square feet designed to advertise a grand opening celebration may be erected on a commercial premises subject to said grand opening for a period of two weeks (14 days) prior to said grand opening and for one week (seven days) after said opening; and further provided that said commercial premises is otherwise operating in accordance with a valid site plan approval pursuant to Chapter 191 of the Code of the Borough of Hopatcong. Any commercial use wishing to utilize this provision must notify the Zoning Office, in writing, of the date(s) of the grand opening event and the dates of the display of the temporary sign or banner.
(b)
Borough-wide celebrations. Temporary commercial banners or signs not exceeding 32 square feet designed to advertise a specific Borough-wide event or business promotion may be permitted up to four occasions per year. Each such Borough-wide event, promotion or occasion shall be recognized by resolution of the Mayor and Council, and all such banners or signs must be located on a commercial premises participating in said event. Only one such banner per commercial use shall be permitted. Any such sign or banner permitted hereunder shall not be displayed more than two weeks (14 days) prior to said event or promotion and must be removed no later than one week (seven days) after said event or promotion.
(c)
Special sales events. Temporary commercial banners or signs not exceeding 32 square feet designed to advertise a special sales event specific to the business at the premises may be permitted up to 12 occasions per year. Only one such banner per commercial use shall be permitted at any time. Any such sign or banner permitted hereunder shall not be displayed for a period in excess of 14 days. Any commercial use wishing to utilize this provision shall notify the Zoning Officer, in writing, of the dates of the special sales event and the dates of the display of the temporary sign or banner.
[Amended 10-3-2007 by Ord. No. 22-2007]
A.
Purpose. The purpose of these provisions is to provide for the reasonable control over the development of piers, boathouses and marinas so that the interest of individual waterfront property owners is balanced with the interests of the state, the community and the general public and to ensure reasonably safe and unobstructed movement of water traffic, as well as to the most utilization of water resources, and to secure the safety and promote the health, morals and general welfare of the Borough.
B.
General requirements applicable to all piers, boathouses and marinas.
(1)
No dock, pier, boathouse or marina shall be constructed, enlarged or extended unless and until the owner secures from the Construction Official a building permit as provided under the Building Code.[1] Normal maintenance and repair shall not require a construction permit.
(2)
Prior to the issuance of a building permit for a marina, the Planning Board shall review and approve a site plan showing, among other things, water and land traffic circulation, parking, moorings, landscaping, signs and such other data as may be required to permit a competent and thorough review. Compliance with Planning Board conditions of approval shall be made a condition for the issuance of a certificate of occupancy.
(3)
All site plan applications for a marina shall be referred to the Lake Hopatcong Regional Planning Board, the New Jersey State Police, Marine Police Bureau and the New Jersey Division of Forest and Parks- Hopatcong State Park for comment and suggestion.
[Amended 4-1-1998 by Ord. No. 10-98]
(4)
No pier, dock or marina shall extend into any waterway beyond the pierhead line or more than 15% of the waterway measured on a line perpendicular to the closest opposite shore, whichever is less. In no event shall any pier, dock or marina extend into any dredged channel or waterway.
(5)
For the purpose of determining the exterior limits of piers, docks and main walks, any structure, including pilings driven independently of another structure, used for the mooring of boats shall be considered to be a part of the pier itself.
(6)
The top of any pier, dock or catwalk shall not be less than 14 inches from the high-water elevation.
(7)
It shall be the responsibility of the owner of a pier, boathouse or marina to maintain said facility in good condition and free of litter and refuse. If said facility is in danger of becoming a hazard to residents, visitors, swimmers or boats or could adversely affect navigation by reason of structural members extending or floating into waterways, then the Construction Official shall notify the owner to undertake repairs.
(8)
Nothing in this section shall be construed to waive the jurisdiction or remedies of the Zoning Board of Adjustment, where applicable; and, additionally, any pier, dock, boathouse or marina proposed to be extended beyond 15% of the width of the waterway shall also be approved by the State Department of Environmental Protection.
(9)
When floating docks are utilized, all flotation materials shall be made of a solid material or shall be encapsulated within a fiberglass, plastic or other solid similar container so as to prevent the breakup or release of the flotation material.
[Added 11-7-1996 by Ord. No. 25-96]
C.
Development controls for private piers and docks. No piers or docks shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:
(1)
Private piers and docks shall be permitted in all zones where lots have water frontage.
(2)
No dock or pier shall be located within 10 feet of a side property line.
(3)
The length of a pier or dock shall not exceed the width of the lot at the mean waterline, but in no event shall a pier or dock extend beyond the pierhead line.
[Amended 4-1-1998 by Ord. No. 10-98]
(4)
No combination of docks and boathouses shall occupy more than 15% of the water lot area within the pierhead line.
(5)
No dock, main walk or pier shall have a width of less than four feet, exclusive of pilings or other structural members.
(6)
There shall be not more than one dock, pier or main walk for each lot or for each 100 feet of frontage.
(7)
The distance between piers and docks shall be a minimum of 21 feet. This action shall not apply to the individual walks of an irregular shaped private pier or dock as provided in Subsection C(10) hereof.
[Amended 4-1-1998 by Ord. No. 10-98]
(8)
No dock, pier or main walk shall provide permanent mooring facilities for more than four boats.
(9)
In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses. This provision shall not apply to temporary covers over docks, including but not limited to covers made of canvas, rubber, polyethylene or similar material.
[Amended 10-7-1998 by Ord. No. 26-98]
(10)
Irregularly shaped private piers and docks in the shape of a "U," a "T" or an inverted "L" are permitted, provided that all other requirements of this chapter are met. The sum of the lengths of all of the legs, both horizontal and vertical, of any such irregularly shaped dock shall not exceed 50 feet. Further, the total width of any such dock as measured horizontally along the shoreline shall not exceed 25 feet. In the case of a U-shaped dock, the maximum distance between the two vertical legs of the "U" shall be 12 feet.
[Added 11-7-1996 by Ord. No. 25-96]
(11)
In cases where a boat lift, personal watercraft ramp and/or similar device or appurtenance is covered, said device or appurtenance shall be subject to the requirement contained in the subsection for boathouses. This provision shall not apply to temporary covers over said devices, including but not limited to covers made of canvas, rubber, polyethylene or similar material.
[Added 10-7-1998 by Ord. No. 26-98]
(12)
Special provisions for boat lifts, personnel watercraft ramps and/or similar devices.
[Added 8-5-1998 by Ord. No. 18-98]
(a)
When a boat lift, personal watercraft ramp and/or similar device or appurtenance is attached or is immediately appurtenant to a dock which conforms to the sideline requirements, said appurtenance shall not be subject to the sideline requirements. Said appurtenance shall also not be included as part of the calculation of the maximum width requirement for said dock.
(b)
When a boat lift, personal watercraft ramp and/or similar device or appurtenance is proposed to be located separate and apart from a dock, or attached to an existing dock in the area of a nonconforming sideline, said device or appurtenance shall be considered as a separate dock and is subject to all the requirements of this chapter.
(c)
In cases where a boat lift, personal watercraft ramp and/or similar device or appurtenance is covered, said device or appurtenance shall be subject to the requirements contained in this chapter for boathouses.
D.
Development controls for boathouses. No boathouse shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:
(1)
Boathouses shall be permitted in all zones where lots have water frontage.
(2)
No boathouse shall be located within 14 feet of a side property line.
(3)
No boathouse shall be closer than 28 feet from a neighboring pier, dock or boathouse.
[Amended 4-1-1998 by Ord. No. 10-98]
(4)
Any combination of piers, docks, main walks and boathouses shall not occupy more than 15% of the water lot area within the pierhead line. In no case shall a boathouse alone exceed 10% of the water lot area within the pierhead line.
(5)
There shall not be more than one boathouse for each lot.
(6)
Boathouses shall be located over the water and shall abut the lake shoreline.
(7)
Ingress and egress for boats shall be perpendicular to the shoreline.
(8)
There shall be no living or sleeping accommodations or cooking or toilet facilities provided in any boathouse.
(9)
A boathouse shall be permitted to have a flat roof to accommodate a deck or patio area, provided that the boathouse has a minimum five-foot side yard setback and further provided that the roof of the deck is enclosed by a railing with a minimum height of 36 inches, which said railing must have a minimum setback of three feet from the sides of the boathouse roof. A three-foot minimum setback for the railing shall not apply to boathouses conforming as to the minimum fourteen-foot side yard setback. New boathouses and additions to boathouses must comply with the required fourteen-foot side yard setback.
[Added 6-17-2009 by Ord. No. 19-2009]
E.
Development controls for marinas. No marina shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements:
(1)
Marinas shall be permitted only in those zones wherein said use is a permitted use.
(2)
No dock, pier or main walk as part of a marina shall be located within 16 feet of a side property line, nor shall a pier within a marina be located closer than 30 feet from a private pier.
(3)
No marina shall occupy more than 25% of the water lot area within the pierhead line.
(4)
No main walks shall be less than eight feet in width, and no catwalks shall be less than two feet in width.
(5)
More than one main walk or pier is permitted, provided that:
(6)
In cases where piers are covered, the maximum height shall not exceed 16 feet above the high-water mark.
(7)
No boat or vessel or other floating structure which is moored at a marina may be utilized for overnight habitation.
[Added 7-2-1987 by Ord. No. 23-87]
(8)
In reviewing any site plan for a marina development or for any expansion of a marina, the reviewing board may require the applicant to install a sewage and/or graywater disposal system to accommodate any waste products generated at or on the boats moored at the marina. Said disposal system may involve the pumping of waste from an onboard storage system to an area for proper sanitary disposal as well as an area for the disposal and rinsing of the contents of any portable or removable device. The review board shall refer any such system to the Board of Health and the Lake Hopatcong Regional Planning Board for review and comment. In determining whether or not to require the installation of such a system, the reviewing board shall consider the following factors:
[Added 7-2-1987 by Ord. No. 23-87]
F.
The following technical details shall apply to all waterfront developments:
(1)
The maximum width of private docks shall be no more than five feet, except upon authorization of the appropriate municipal reviewing board where it can be demonstrated that additional width is required to assure structural stability. In any event, the overall width shall not exceed 10 feet.
[Amended 4-1-1998 by Ord. No. 10-98]
(2)
The maximum width of catwalks shall be no more than four feet.
(3)
No solid structures shall be permitted which lower or adversely affect the capacity of the lake or water flow except by permission of the Department of Environmental Protection.
(4)
Crib structures may be allowed, provided that their length does not exceed the width of the dock or pier.
(5)
Crib structures shall not exceed 1/2 of the span between adjacent piling bents.
(6)
Design of any structure must provide for the free flow of water.
[Amended 12-6-1984 by Ord. No. 40-84; 11-5-1992 by Ord. No. 30-92; 4-3-2002 by Ord. No. 8-2002]
A.
Applicability. Home offices/home occupations as defined herein shall be a permitted use in the R-1, R-2 and R-3 Zones.
B.
Definition. It is the intention of this section that a "home office/home occupation" is defined as an activity operated for pecuniary gain in, or directed from, a residential dwelling unit by one or more of the residents of that unit. Said use shall be of an accessory character and shall be clearly incidental to and subordinate to the use of the dwelling for dwelling purposes. A home occupation shall be conducted entirely within a dwelling and shall not change the character thereof and shall not adversely affect the residential nature of the zone in which it is located.
C.
Regulations. Any owner or tenant of a single-family house may utilize a portion of his or her home for any lawful activity which qualifies as a home office/home occupation subject to the following conditions:
(1)
Only one such home office/home occupation use shall be permitted per residential property.
(2)
The use shall be clearly accessory to the principal use of the structure.
(3)
The use shall be conducted by the owner or tenant residing on the premises or members of the immediate family residing on the premises.
(4)
The use shall not occupy more than 25% of the dwelling unit. In no event shall the area of the home utilized for such use exceed 500 square feet.
(5)
The use shall be conducted solely within the principal structure.
(6)
There is to be no external display of goods or any outdoor activity or advertising on the premises. Similarly, signs indicating the presence of the home office/home occupation are not permitted.
(7)
Any published advertising shall list only the telephone number and/or postal box address of the occupation and not the street address of the home.
(8)
No noise related to the home occupation use shall be audible to adjacent property owners or interfere with the quiet enjoyment of their property.
(9)
The use of the home for a home occupation or a home office shall not adversely affect adjacent property owners or interfere with the quiet enjoyment of their property by causing air pollution, including noxious odors, or water pollution or electrical interference. No equipment or process shall be used in such home office or home occupation which creates noise, vibration, glare, flames, odors or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family dwelling residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
(10)
There shall be no outside storage of any kind related to the home office or home occupation.
(11)
No such use shall require external alterations to the dwelling unit or the site upon which it is located. In no event shall the appearance of the structure be altered or the home occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or by the emissions of sounds, noises and vibrations.
(12)
No such use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.
(13)
Any deliveries of materials to or from the home office or home occupation shall be made during the hours of 9:00 a.m. to 8:00 p.m., Monday through Saturday.
(14)
No traffic shall be generated by any such home office or occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and in the driveway of the home. Vehicular traffic flow and parking shall not be increased by more than one additional vehicle at any given time.
(15)
No firearms or explosives or hazardous materials may be used in any form on the site of said business.
(16)
A maximum of one employee (other than the residents of the household) may be on the premises at any time. This subsection does not preclude the operator of the home office or home occupation from having employees, associates, partners, supervisors, etc., who are stationed off the premises.
(17)
The area utilized for said use shall not have independent access and shall be a room or area within the home. The area of such use shall not contain any kitchen or bathroom facilities which are separate from the remainder of the dwelling unit.
(18)
Such use shall not include any area for the display of retail goods.
D.
Application procedure.
(1)
Any applicant seeking to utilize an area of a residential premises as a home office/home occupation shall make application to the Zoning Officer. The application shall include identification information as to the applicant and proposed business and include a simplified site plan indicating the use of the principal structure and how the occupation is to be conducted. Professional-engineering-type plans are not required. Such application shall also require the applicant to certify in the form of a notarized affidavit that he or she will comply with the conditions contained in this section. Where the home office/occupation is to be conducted by a tenant in a structure, the application shall include the permission/authorization of the owner of the property.
(2)
The Zoning Officer shall review the application within a period of 10 days and notify the applicant as to the completeness of the application. If the application is found to be incomplete, the applicant shall be requested to provide the complete information within 30 days. If the application remains incomplete at that time, the application shall be considered to be dismissed without prejudice.
(4)
If the Zoning Officer determines that the application meets both Subsection D(3)(a) and (b), he or she shall approve the application, place it on file and notify the applicant. In the event that the Zoning Officer determines that the application fails to meet the definition of a home office/home occupation, he or she shall reject the application and refer the applicant to the Zoning Board of Adjustment. In the event that the Zoning Officer determines that the applicant fails to comply with the provisions of Subsection C, the Zoning Officer shall notify the applicant and refer the matter for review by the Borough Planning Board.
(5)
The Zoning Officer shall issue a quarterly report to the Mayor and Council and Planning Board summarizing all home office/home occupations approved in the preceding calendar quarter.
(6)
Any person aggrieved by the decision of the Zoning Officer may appeal the decision to the Borough Zoning Board of Adjustment.
E.
Special provisions for family home day-care providers.
(1)
Family home day-care providers are considered to be a permitted use in all residential zones and shall be classified as a home occupation.
(3)
No family home day-care provider shall operate this use before 6:00 a.m. and after 7:00 p.m.
(4)
Outside yard areas used for family home day-care use are permitted, provided said areas are fenced, said fence to be a minimum of three feet in height.
(5)
A yearly water test shall be made and submitted to the Board of Health, unless the home is served by the municipal water system.
(6)
Those engaging in this use shall list their names and the address of the premises with the Zoning Officer, who shall forward said information to the Police Department, Fire Department and the Ambulance Squad.
F.
Effect of home office/home occupation approval. An approval pursuant to this section shall be considered to run to the home office/home occupation of the specific applicant for the specific property. In the event that the property is sold or vacated, any prior approval under this section shall be considered to be null and void and any subsequent use shall require a new application.
[Amended 4-7-1994 by Ord. No. 9-94; 4-3-2002 by Ord. No. 8-2002]
A.
Applicability. Home professional offices as defined herein shall be a permitted use in the R-1, R-2 and R-3 Zones.
B.
Definitions. It is the intention of this section that a "home professional office" be defined as the office of a member of a recognized profession and shall include only the offices of physicians, counselors, ministers, doctors, architects, professional engineers, accountants, lawyers and such other similar professions. Said use shall be of an accessory character and shall be clearly incidental to and subordinate to the use of the dwelling for dwelling purposes. A professional office shall be conducted entirely within a dwelling and shall not change the character thereof and shall not adversely affect the residential nature of the zone in which it is located.
C.
Conditions. Any owner or tenant of a single-family home may utilize a portion of his or her home for any lawful activity which qualifies as a home professional office, subject to the following conditions:
(1)
Only one such professional office use shall be permitted per property.
(2)
Such use shall be clearly accessory to the principal use of the structure.
(3)
Such use shall be conducted by the owner or tenant residing on the premises or members of the immediate family residing on the premises.
(4)
Such use shall not occupy more than 50% of the dwelling unit. In no event shall the area of the home utilized for said use exceed 750 square feet.
(5)
Such use shall be conducted solely within the principal structure.
(6)
There is to be no outdoor activity on the premises associated with the professional occupation use.
(7)
Only one sign, a maximum of 288 square inches, shall be permitted. Said sign shall contain the name of the professional and the occupation practiced.
(8)
No noise related to the professional office use shall be audible to adjacent property owners or interfere with the quiet enjoyment of their property.
(9)
Such use of the home shall not adversely affect adjacent property owners or interfere with the quiet enjoyment of their properties by causing air pollution, including noxious odors, or water pollution or electrical interference. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family dwelling residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
(10)
There shall be no outside storage of any kind related to the professional occupation.
(11)
Such use shall not require external alterations to the dwelling unit or the site upon which it is located. In no event shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or by the emissions of sounds, noises and vibrations.
(12)
No such use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.
(13)
Any visits by clients or deliveries of materials to or from the residence shall be made during the hours of 9:00 a.m. to 8:00 p.m., Monday through Saturday.
(14)
No traffic shall be generated by such professional office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such professional office shall be met off the street and on the driveway of the home.
(15)
No firearms or explosives or hazardous materials may be used in any form in said business.
(16)
A maximum of one employee (other than the residents of the household) may be on the premises at any time. This subsection does not preclude the operator of the professional office from having employees, associates, partners or supervisors, etc., who are stationed off the premises.
(17)
No patient/client shall be allowed to remain on the premises overnight.
D.
Application procedure.
(1)
Any applicant seeking to utilize an area of a residential premises as a professional office shall make application to the Zoning Officer. The application shall be on a form adopted by the Planning Board by resolution. The application shall include identification information as to the applicant and proposed business and include a simplified site plan indicating the use of the principal structure and how the occupation is to be conducted. Professional-engineering-type plans are not required. Such application shall also require the applicant to certify in the form of a notarized affidavit that he or she will comply with the conditions contained in Subsection C. Where the home professional office use is to be conducted by a tenant in a structure, the application shall include the permission/authorization of the owner of the property.
(2)
The Zoning Officer shall review the application within a period of 10 days and notify the applicant as to whether the application is complete. If the application is found to be incomplete, the applicant shall be requested to provide the complete information within 30 days. If the application remains incomplete at that time, the application shall be dismissed without prejudice.
(3)
Once an application is found to be complete, the Zoning Officer, in consultation with the Secretary of the Planning Board, shall schedule the application for consideration at the next Planning Board meeting.
(4)
In considering any such application, the Planning Board shall consider the adequacy of the parking and the impact on the residential character of the community as a result of any proposed client visits. The Planning Board, in its discretion, may impose any and all conditions necessary to protect the health, safety and welfare and to preserve the residential nature of the zone.
E.
Effect of home professional office approval. An approval pursuant to this section shall be considered to run to the home professional office of the specific applicant for the specific property. In the event that the property is sold or vacated, any prior approval under this section shall be considered to be null and void and any subsequent use shall require a new application.
Agricultural uses, including customary farm occupations, or lands which qualify as farms, as defined herein and where permitted, shall be subject to the following conditions:
A.
Buildings may be utilized for horticulture, nurseries, greenhouses and for the growing, raising, harvesting and sale of agricultural crops, provided that no building shall be nearer than 100 feet to any lot line, except residential buildings, which may be located in conformity with the standards for residences within those districts in which they are located.
B.
The grazing or foraging of animals or the construction of pens shall not be permitted within 75 feet of any lot line. A buffer, as provided in § 242-25, Buffers, of 30 feet shall be maintained along side and rear lot lines. The minimum lot size shall be five acres.
C.
The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:
(1)
The sale of such products is within the confines of the property upon which they have been grown or raised.
(2)
The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side lot line or 50 feet from any road or street.
(3)
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factors.
(4)
A suitable amount of off-street parking and loading space shall be provided.
[Added 4-7-1994 by Ord. No. 6-94]
A. PERSON SEXUALLY ORIENTED BUSINESS (1) (a) (b) (c) (2) SPECIFIED ANATOMICAL AREA SPECIFIED SEXUAL ACTIVITY
Definitions. The following definitions shall apply to the terms used in this section:
An individual, proprietorship, partnership, corporation, association or other legal entity.
A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or other instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity. Excluded from this definition of "sexually oriented businesses" shall be any commercial entity for which:
The sale, rental or display of the above-described sexually oriented materials constitutes only a minor ancillary or auxiliary aspect of its overall business;
The sale, rental or display of the sexually oriented materials is segregated from other items offered for sale; and
An appropriate warning sign is posted prohibiting minors from the purchase, rental or viewing of said sexually oriented materials.
A commercial establishment which regularly features waiters, waitresses, dancers or other live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, videocassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
B.
Standards for location and operation of sexually oriented businesses.
(1)
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal park or county playground or park or place of public resort and recreation, or within 500 feet of any area zoned for residential use or within 1,000 feet of a public or private recreational facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades or similar enterprises catering to or frequently attended by minors under the age of 18 years.
(2)
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings to the satisfaction of the reviewing board. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section.
(3)
No sexually oriented business which regularly shows films, motion pictures, videocassettes, slides or other photographic representations which depict or describes specified sexual activity or specified anatomical area shall offer for public use any private booths, screens, enclosures or other devises which facilitate sexual activity by patrons.
(4)
A sexually oriented business shall display at least one exterior sign on each entrance way giving notice that the premises are off limits to minors.
(5)
A sexually oriented business shall not employ any minor under the age of 18 years.
(6)
All external signs connected with a sexually oriented business shall reflect the general community standard and shall not depict any specified anatomical area or specified sexual activity.
C.
Existing sexually oriented businesses.
(1)
This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section or where another sexually oriented business, an elementary or secondary school or school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 500 feet.
(2)
All sexually oriented businesses currently operating within the Borough of Hopatcong shall provide notice to the Borough Zoning Officer of the existence of their operation within 30 days of the effective date of this section. In response to any said notification, the Zoning Officer may request the sexually oriented business to demonstrate the existence of the prior claimed lawful operation of the business.
[Added 4-7-1994 by Ord. No. 6-94]
A. UNDERGROUND STORAGE TANK UNREGULATED TANKS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any tank or other container which is located in whole or part below grade and which is used to store hazardous substances as defined by New Jersey Department of Environmental Protection and Energy (NJDEPE).
Those tanks specifically exempted from NJDEPE regulations.
B.
Applicability. The Mayor and Council of the Borough of Hopatcong finds it appropriate, in line with its responsibilities to protect the health, safety and welfare of its citizens with particular emphasis on the protection of subsurface water supplies on which the entire Borough depends, to regulate the installation of underground storage tanks installed in the Borough.
(1)
The provision of this section shall apply to:
C.
Standards.
(1)
The installation of new underground storage tanks after the effective date of this section is hereby prohibited.
(2)
Existing underground storage tanks subject to the terms of this section may be replaced subject to the following conditions:
(a)
The replacement tank must be of an equivalent size or smaller and in the same location as the original tank.
(b)
The replacement tank must be of a double-walled or greater construction.
(c)
The replacement tank must be equipped with an alarm system to alert the owner/operator of the tank in the event of a leak.
D.
Screening and buffering of outside and aboveground tank. Where storage tanks are installed outside and above ground, adequate fencing or vegetative screening shall be installed around said tank in order to minimize the off-site visual impact without in any way obstructing access to the tank for purposes of filling and inspecting.
[Added 11-7-1996 by Ord. No. 23-96]
Garage sales, when permitted, shall comply with the following regulations:
A.
Permit required. Any person, persons or organization wishing to conduct a garage sale must first obtain a garage sale permit from the Borough of Hopatcong Zoning Officer.
(1)
A permit shall be issued to any one person, organization or property/household no more than two times within a twelve-month calendar year, and no such permit shall be issued for more than three consecutive calendar days. This limitation of two times per year shall not apply to nonprofit organizations.
(2)
An application for a permit must be filed at least two Borough working days (48 hours) prior to the sale. The application for the garage sale permit shall include the following information:
(a)
Name of person or organization conducting the sale;
(b)
Name of the owner or lessee of the property on which the sale is to be conducted
(c)
Location at which the sale is to be conducted. (If the applicant is not the owner of the property, a signed consent form from the owner must be submitted);
(d)
Date and number of days of the sale;
(e)
Date and nature of any past sales within the last twelve-month period;
(f)
Sworn statement or affirmation by the person signing that the information given is full and true and known to him/her to be so.
(3)
The aforesaid application, accompanied by a permit fee of $5, shall be reviewed by the Zoning Officer for completeness upon which time the permit shall be issued.
(4)
Each permit issued under this section shall be prominently displayed on the premises and visible from the street upon which the garage sale is conducted throughout the entire period of the sale.
(5)
In the event of inclement weather, all persons and organizations issued a permit for a particular date or dates shall be permitted to utilize their permit on an alternate date or dates pursuant to this section. Such alternate dates must be supplied to the Zoning Officer at least 24 hours prior thereto.
(6)
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
(7)
No more than five signs for advertising or directing the public may be posted off the premises whereupon the permit is issued. The sign is not to exceed two feet by two feet and is to be displayed in conformance with the Borough Code. All such signs cannot be placed earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
(8)
The person or person of the organization to whom the permit has been issued, and the owner or lessee of the premises on which the sale is being conducted, shall be jointly and severally responsible for compliance with this section and the maintenance of good order and decorum during the permitted date and time of the sale. No person shall permit any loud or boisterous conduct or permit vehicles to impede the passage of traffic on the roads or streets in the area of such premises. All permitted premises shall at all times be subject to inspections by the Zoning Code Enforcement Officer, the Chief of Police, the Chief of Fire Department or any of their agents or other duly authorized Borough representative.
B.
Exceptions. The provisions of this section shall not apply to or affect the following persons or sales:
C.
Enforcement. The Borough Zoning Officer, Police Department and Prevention Chief shall have a right to issue summonses to all persons or organizations violating any section of this chapter.
D.
Penalties. A violation of any provision of this chapter will result in the following penalties:
(1)
Violations for no permit:
(a)
First violation: a warning to cease sale and apply for the permit.
(b)
Second violation: a fine of $25.
(c)
Third violation: a fine of $50.
(d)
Fourth and subsequent violations: a fine of $100 for each offense.
(e)
Each day the sale continues without a permit will be considered a separate violation.
[Added 9-1-1999 by Ord. No. 19-99]
A.
Purpose. The purpose of this section is to regulate the location and placement of wireless telecommunications structures/towers, antennas and equipment within the Borough of Hopatcong. It is also the purpose of this section to recognize that the installation of new towers to support such antennas has a negative impact on the scenic and historic character of the countryside which the Borough of Hopatcong Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless telecommunications towers.
B.
Permitted use/conditional use treatment.
C.
Mounting of wireless telecommunications antennas on commercial and industrial buildings.
(1)
Wireless telecommunications antennas may be erected on existing building or structures, and one wireless telecommunications equipment compound may be constructed in support of such antennas consistent with the following requirements:
(a)
Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 10 feet.
(b)
A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of such antenna arrays provided it is:
[1]
Situated behind existing structures, buildings or terrain features which will shield the wireless telecommunications compound from public view; or
[2]
When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.
(c)
The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Borough Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 15 feet.
(d)
Site plan approval or amendment shall be required.
D.
Standards applicable to all wireless telecommunications towers and antennas.
(1)
No wireless telecommunications tower or antennas shall be located within 500 feet of a residential property line.
(2)
No wireless telecommunications tower or antenna shall be located within 1,000 feet of a school or a Borough recreational facility.
(3)
All wireless telecommunications towers and antennas shall be posted with warning and identification signs to indicate the owner, operator and emergency contact.
(4)
No wireless telecommunications tower or antenna shall be located in any way so as to interfere with television or radio reception.
E.
Antenna modifications, tower certification and abandonment.
(1)
Operators of wireless telecommunications towers shall provide the Borough of Hopatcong an annual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. A report shall also be provided whenever antenna rays are modified and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Borough of Hopatcong when the use of such equipment and antennas is discontinued.
(2)
Wireless telecommunications towers and antennas which are not in use for wireless telecommunications purposes for six months shall be removed by the facility owner at its own cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
F.
Collocation required. Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunications service providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower, the extent to which the height of the tower could be increased and the types of equipment which could be accommodated.
[Added 5-20-2020 by Ord. No. 9-2020]
Short-term rentals are permitted as an accessory use to a permitted principal residential use in all zoning districts and redevelopment plan areas where residential uses are permitted.
