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.
